Cláusula compromissória condicionada: estipulação e implementação

Abstract

The article describes whether the parties may or not agree on conditions for arbitration clauses. Although every arbitration clause is conditioned to the rise of a conflict (a future and uncertain event that gives effect to the arbitration clauses), the article focuses on conditions that the parties may consider relevant to their goals or concerns. The article discusses the interpretation of the conditioned arbitration clause to evaluate its legality and application in cases. The article also discusses the analysis of the implementation of the condition, which gives grounds for the arbitrator’s jurisdiction, considering the position of the Superior Court of Justice on the matter of competence-competence and issues related to its implementation. Arbitration; arbitration agreement; conditional arbitration clause; competence-competence; kompetenz-kompetenz; condition.