Tutelas de urgência no procedimento arbitral: uma análise à luz da lei de arbitragem reformada e o código de processo civil de 2015

Abstract

This work's intention is to analyze subjects related to the application of urgent measures in the pre-arbitral phase and incidents to the established arbitration, especially the alterations brought by the reformation of the Law of Arbitration and the Civil Process Code of 2015. For so, this work starts with a brief conceptual analysis of arbitration and some guiding principles, studies about jurisdiction and the jurisdictional nature of arbitration. Due to this finding, this work got into the analysis of jurisdictional powers of the arbitrator and the relation stablished between the arbitral jurisdiction and the state jurisdiction, necessarily marked by cooperation. Sequentially, the main subjects analyzed refer to: (i) the preview urgent measures to the institution of arbitration; (ii) the incidental urgent measures to the arbitral process; (iii) the innovations brought by the Civil Process Code of 2015 and by the Reformation of the Law of Arbitration and the repercussion of those in the arbitral procedure; (iv) the possibility of revision, by the arbitrator, of the urgent measure granted by the Judicial System and vice-versa.