Jurisdiction(s):
United Kingdom

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

Arbitration in Brazil: Q&A Guide to Law, Institutions, Procedure, Interim Measures, Awards, Challenges, Recognition and Enforcement (May 2019)

Published by a LexisNexis In-house Advisor expert

Practice notes

The Getting the Deal Through arbitration in Brazil guide adopts a Q&A layout and is refreshed annually. Current edition: May 2019.

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

Brazil is a party to the New York Convention, having joined by way of Federal Decree No. 4,311/2002 on 23 July 2002. No declarations or notifications were submitted by the Brazilian government under articles I, X or XI. Brazil has also subscribed to the following multilateral instruments concerning international commercial arbitration:

Geneva Protocol on Arbitration Clauses (1923)
Panama Inter-American Convention on International Commercial Arbitration (1975)
Montevideo Inter-American Convention on the Extraterritorial Enforcement of Foreign Court Decisions and Arbitral Awards (1979)
Las Leñas Protocol on Judicial Cooperation and Assistance within the Mercosur (1996)
Mercosur International Commercial Arbitration Agreement (1998)
United Nations Convention on Contracts...

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Web page updated on 21/05/2026

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