Arbitragem e desconsideração da personalidade jurídica

Abstract

In this dissertation, the author studies the disregard of legal personality in arbitration, instigated by the growing adoption of this dispute resolution mechanism in Brazil, especially in the commercial and business environment and involving groups of companies, and, on the other hand, the crisis of the function of the limitation of patrimonial liability. This work starts from the assumption that, although the arbitrator is a judge of fact and law, arbitration is a form of jurisdiction and the arbitral decision and award produce the same effects as a court decision and award, the arbitrator's power is not unlimited; there are objective and subjective limits that define the scope of his jurisdiction. In the first part, the author analyzes the arbitrator's power to disregard the legal entity. In the second part, the author analyzes the procedure and the effects of the disregard of the legal entity on each phase of the arbitration procedure, including the possibility of extending the effects of the arbitration agreement to the non-signatory affected by the measure. In the third and last part, the author studies the intersection between arbitration and the disregard of legal entity beyond the arbitration proceeding, notably in the stages of annulment of arbitral award, interim relief before the institution of arbitration, and of the enforcement of the award.