A (não) vinculação dos precedentes às decisões proferidas em sede de arbitragem sob a ótica do novo Código de processo civil

Abstract

The purpose of this paper is to study the impact of the new civil procedure code on arbitration awards with the institution of precedents, considering whether or not the arbitrator is bound when making its decision. The methodology adopted was the study of the country's legislation and the doctrine on the subject. Finally, it is concluded that the arbitrator is bound to the arbitration agreement, regardless of the model of arbitration procedure to be agreed, and may be used to distinguishing or overruling legal institutions to remove the judicial precedent.