Tutela de urgência e o processo arbitral

Abstract

This monograph object of study is arbitration, appropriate method of dispute resolution, with a focus on the use of provisional measures in its scope. Arbitration has, increasingly, greater relevance and dissemination in the national territory. It so happens that for its application to spread, regulation was necessary so that the provisional measures could be claimed within its scope without the risk of losing the object of the arbitration or causing the annulment of the arbitration agreement. The study addresses the impact of legislative changes that occurred in the Brazilian Arbitration Law, with a view to promoting an analysis of the theoretical aspect involving such changes and a practical aspect, directly linked to the implications of such changes in the scope of arbitration institutions and Brazilian jurisprudence. It is believed to be opportune to deal with the subject since it deals with legislative changes that have taken place in the last years and which, even today, have impacts and resulting situations, among which, the need for various arbitration institutions to update their regulations. In the course of the study, through a bibliographical research and documental analysis, we aim to analyze the theoretical aspects of the issues based on remarkable authors, in addition to the use of academic studies with details that are important for a wide view of the subject. Finally, it is concluded that the jurisprudential and legislative contributions were of paramount importance for arbitration to reach the current status of an appropriate method of dispute resolution with great importance in ensuring procedural and constitutional guarantees.