O art. 145, I, do CPC 2015 e as IBA Guidelines: o papel das câmaras nas decisões sobre conflitos de interesses

Abstract

The selection of arbitrators is a fundamental phase in the arbitral proceeding. At times, circumstances involving potential arbitrators may raise doubts to the party regarding their impartiality and independence. In this sense, arbitral institutions take on a very relevant role in institutional arbitrations, since they are the ones to decide potential objections to arbitrators. The present article analyses specifically the alteration brought by Article 145, I of the Civil Procedure Code with respect to the grounds of impartiality for judges (“impediment” and “suspicion”) – which are also applicable to arbitrators according to the Brazilian Arbitration Act – and the way in which CBMA – Brazilian Center of Mediation and Arbitration has been interpreting such alteration, also based on IBA Guidelines on Conflicts of Interest in International Arbitration.