Parecer: Conflito Cláusula Compromissória

Abstract

ABSTRACT: The present legal opinion is about an arbitration procedure between a Brazilian and a German company that signed an offtake agreement and subsequently an agreement that turned official the avoidance of the contract and other provisions agreed between the parties, having both these contracts established two distinct arbitration clauses that differed as to the place of arbitration and number of arbitrators in the Tribunal. The object of the opinion was to determine which contract would rule the arbitration proposed by one of the parties, to deliberate about the pathology of the arbitration clause and the inconsistency between the two clauses, and to answer the question of which should prevail and about the possibility of one of the parties turning to the Brazilian Tribunals to request that the second party should sign the Arbitration Agreement.