Pontos de intersecção entre a arbitragem e o Poder Judiciário: uma análise dos julgados do stj e das Câmaras de Direito Privado do tjsp do ano de 2016

Abstract

This work aims at analyzing the understanding of the Brazilian Superior Court of Justice and the Chambers of Private Law of the Court of Appeal of the State of São Paulo with respect to arbitration- -related themes during the year of 2016, so as to verify whether such understanding is steady and likely to provide legal certainty and encourage dispute resolution by arbitration. Methodology is based on legal literature, the analysis of a sample of judicial precedents and comparison with the results of previous analysis with similar scope. The conclusion is that, even though the understanding of the abovementioned courts with respect to certain themes is not yet fully developed, the limits of arbitral jurisdiction tend to be respected, thereby suggesting that parties may choose to settle their disputes by arbitration with significant assuredness.