Originally from World Arbitration and Mediation Review

I.  INTRODUCTION

Cooperation comes from the Latin verb cooperari and expresses the idea of working together, toiling simultaneously towards a certain end.  

In general outlines, cooperation permeates the relationship between (i) international courts; (ii) foreign bodies and Brazilian entities (international cooperation–arts. 26 to 41 of the Code of Civil Procedure [“CPC”]); (iii) bodies of the Judiciary Branch itself (domestic cooperation–arts.  67 to 69 of the CPC); (iv) procedural subjects (art. 6 of the CPC); and (v) Judiciary Branch and Arbitral Chamber.

In this article, we shall focus on the cooperative relationship between the Judiciary Branch and the Arbitral Chamber, analyzing some practical issues and the collaborative behavior that is expected not only in the relationship between judges and arbitrators, but, especially, between the parties who for any reason need to leave the universe of arbitration and resort to the Judiciary Branch.  We shall then comment on some matters where lack of cooperation between the parties can, and must, be punished. 

In reality, collaboration between the Judiciary Branch and the Arbitral Chamber is fundamental so as to ensure, for example, the implementation of arbitration letters (art. 237, IV, and 267, of the CPC); confidentiality of the procedure, if any (art. 189, IV, of the CPC); the concession of interim relief prior to opening the arbitration (arts. 294 et seq. of the CPC and 22-B of Law No. 9,307/96, amended by Law No. 13.129/15); and extinction of the judicial proceeding when the arbitrator has already recognized its competency (art. 485, VII, of the CPC).