Jurisdiction(s):
United Kingdom

Key definition

Arbitration agreement definition

What does Arbitration agreement mean? An arbitration agreement is the parties’ agreement to refer present or future disputes to arbitration instead of litigating in court. It is usually an arbitration clause in the main contract or a separate submission agreement, and typically sets the seat of arbitration, the appointing mechanism for the tribunal, the number of arbitrators and any institutional rules. It does not itself appoint the arbitrator, and the arbitrator is not a party to the arbitration agreement. The concept is defined in legislation: section 6 of the Arbitration Act 1996 (England, Wales and Northern Ireland), section 4 of the Arbitration...

Anti-suit and anti-arbitration injunctions in Brazil: constitutional limits, enforcing arbitration agreements, arbitrability, kompetenz-kompetenz, and leading case law

Published by a LexisNexis Arbitration expert

Practice notes

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Anti-suit injunctions under Brazilian law

Anti-suit injunctions are a device to curb court and/or arbitral proceedings. In international arbitration, the label typically denotes an application seeking to stop a party from pursuing court litigation contrary to an arbitration agreement. For example, where a recalcitrant party tries to place a dispute falling within an arbitration pact before a domestic bench, the counterparty may ask a court or an arbitral tribunal to issue an anti-suit injunction preventing the filing or continuation of that claim, so as to safeguard the effectiveness of the arbitration agreement.

Though common across numerous legal systems, it is widely understood that this particular remedy is unavailable under Brazilian law, especially in view of the constitutional guarantee of access to justice in the Brazilian Federal Constitution (art 5, XXXV). On this basis, an anti-suit order in Brazil aimed at stopping a party from bringing its controversy to a Brazilian court could be regarded as unconstitutional. Even so, this does not preclude the party from pursuing enforcement of the arbitration agreement by other means...

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Flavio Spaccaquerche Barbosa

Flávio Spaccaquerche is a Partner with the Litigation and Arbitration department of Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados, in Brazil. He coordinates the Litigation and Arbitration team in Rio de Janeiro, although is also involved in many cases in São Paulo. Flávio has been practicing for more than 10 years and has broad experience in litigation, international law and arbitration. He graduated in 2004 from Law School at the Catholic University of São Paulo (PUC-SP). He holds a master's degree in consumers' right from the same university and a master's degree in International Economic Law from the University of Paris I ' Panthéon-Sorbonne, where he specialized in international dispute resolution. He has many publications on domestic and international arbitration. Flávio is the current ICC YAF Regional Coordinating Committee (RCC) member for the Latin America Chapter (Brazil). He is also a member of the...

Carolina Deluiz

Mattos Filho

Carolina Deluiz is a senior lawyer with the Litigation and Arbitration department of Mattos Filho, in Rio de Janeiro, Brazil. She represents clients in domestic and international arbitrations, litigation and negotiation of complex disputes involving complex corporate and contractual issues, infrastructure, oil and gas, energy, among others. She graduated in 2015 from Federal University of Rio de Janeiro (UFRJ) with honors (Cum-Laude). She is post-graduated in contract law from the Catholic University of Rio de Janeiro (PUC-RJ) in 2018. She is currently a master’s candidate in international law at the State University of Rio de Janeiro (UERJ). Carolina is also a member of the Brazilian Arbitration Committee (CBAr) and the Arbitration Coordinating Committee of the Brazilian Center for Arbitration and Mediation (CBMA). ...

Web page updated on 21/05/2026

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