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...

Interim Relief in Arbitration under Brazilian Law: Court and Tribunal Powers, Legal Tests, Ex Parte Orders, Security, Enforcement and Damages

Published by a LexisNexis Arbitration expert

Practice notes

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Interim measures in Brazil

Interim relief in Brazil falls under the Brazilian Code of Civil Procedure (Federal Law No 13.105/2015 (BCCP)), which outlines several categories of provisional measures, each aligned to particular forms of relief and designed to preserve the effectiveness of the ultimate decision, whether judicial or arbitral. The Brazilian Arbitration Act (BAA), which governs arbitration (Federal Law No 9307/96), further provides that, before the Arbitral Tribunal is formed, the parties may apply to the courts for interim measures. Once the tribunal is constituted, the BAA confers on it the exclusive competence to issue interim measures and to maintain, vary, or revoke measures previously ordered by the courts. The substantive criteria for these remedies are, in essence, the same in arbitral and judicial forums; therefore, the BCCP’s general framework can guide the appraisal of interim relief even when ordered by arbitrators. The key divergence concerns arbitrators’ power—or, more precisely, their lack of coercive authority—to enforce such orders. Conversely, where an interim measure is sought before the courts, the evaluation of the interim measure...

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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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