Princípio Compétence-Compétence: Amplitude, Limitações e Aplicabilidade na Arbitragem Comercial

Abstract

This article aims to present the best legal solutions to cases where there is reasonable doubt about the scope of the arbitration clause. The principle of Competence - Competence establishes the prerogative of the arbitrators to conduct the initial analysis of its jurisdiction and is observed in art. 8o of the Brazilian arbitration law. Nevertheless, there are some occasions when the principle of Competence -Competence is relativized, sometimes by the arbitration law, sometimes by legal precedentes, wich enforces, in some areas, the state jurisdiction. Regarding corporate law, instead, the Courts have strength to give maximum effect to the principle of Competence - Competence.