Originally from Arbitration Law of Brazil: Practice and Procedure - Second Edition

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SCOPE OF THE BOOK
The idea of writing this book came from our experience in
international arbitrations, from which we have gained insight into how
complex and potentially confusing the Brazilian arbitration framework
can be, especially for attorneys and arbitrators coming from other
jurisdictions and backgrounds. For instance, there has been much debate
on the validity and/or enforceability of certain types of arbitration
clauses, as well as the possibility of arbitrating certain subject matters,
not to mention the many procedural controversies existing in connection
with arbitration. Accordingly, several precautions should be observed in
formulating arbitration agreements and conducting arbitration
proceedings to avoid problems and challenges.

Since drafting arbitration agreements that may have to be enforced in
Brazil and conducting international arbitration proceedings in Brazil
sometimes involve non-Brazilian parties, there has been a growing need
(particularly after the ratification by Brazil of the New York Convention
and the recent reform of the Brazilian Arbitration Law) for an
introductory work, written in English. The objective here is to provide a
hornbook for a better understanding of the Brazilian legal system and the
intricacies of handling arbitration in this country.

The goal of this book is to provide a practical guide for arbitration in
Brazil, based on the experience of the authors and contributors. The
intent is to give an outline of the Brazilian arbitration system and to
discuss the major issues and problems that practitioners and arbitrators
may face in Brazil. Nonetheless, we have purposely avoided making this
book a collection of doctrinal debates on subtle issues, and have instead
chosen a more objective approach, focused on the questions most likely
to arise while resolving disputes through arbitration in Brazil.