ABSTRACT: The arbitral procedure is naturally more adaptable to the needs of the parties than the state civil procedure (ruled by the Code of Civil Procedure), due to the broader choices and faculties it allows to the parties involved in the litigation. The parties are authorized to choose the procedure they want to be applied by adhering to institutional rules or by creating a specific procedure, built to suit the case. The essay intends to explore the possibilities and the limits of the choices made by the parties and, moreover, tries to test the possibilities of the arbitrator to adopt techniques not explicitly encompassed by rules chosen by the parties.
Revista Brasileira de Arbitragem