The use of arbitration in resolving conflicts during the processing of the judicial recovery plan: a feasibility study
Name: POTHYARA BASTOS DE ARAUJO
Publication date: 20/05/2025
Examining board:
Name |
Role |
|---|---|
| FERNANDA TARTUCE DA SILVA | Examinador Externo |
| RODRIGO REIS MAZZEI | Examinador Interno |
| THIAGO RODOVALHO DOS SANTOS | Examinador Externo |
| TIAGO FIGUEIREDO GONCALVES | Presidente |
Summary: The object of this study is the compatibility between arbitration and judicial reorganization proceedings, with a focus on the incidental use of arbitral jurisdiction as a contemporary expression of access to justice and appropriate methods of dispute resolution. This object is closely linked to the concentration area of the Graduate Program in Procedural Law, "Justice, Procedure, and Constitution", as well as to the research line "Procedure, Techniques, and Protection of Existential and Patrimonial Rights." The topic falls within the field of Procedural and Business Law, aligning with the new multi-door courthouse perspective, which values effectiveness, rationality, and the parties' autonomy in choosing the most appropriate means for resolving their disputes. The research was delimited based on the recognition that judicial reorganization, by its complex and polycentric nature, demands
efficient and specialized instruments to deal with sensitive business disputes. The problem investigated was whether arbitration undermines the principles of the universal forum or can act in a complementary manner to insolvency proceedings. The objective was to demonstrate that arbitration, when conducted within legal limits, can be safely integrated into the dynamics of judicial reorganization. The development of the study was based on theoretical-dogmatic research, with a deductive method, using normative, doctrinal, and case law sources. It was concluded that arbitration represents a legitimate mechanism for rationalizing business disputes, promoting the effectiveness of proceedings and the preservation of the company as a material expression of access to justice.
