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Commercial arbitration in Brazil: the clause, the tribunal, interim measures, the award and annulment

Last verified: 2026-10-27 · Status: Stable

Brazil's Arbitration Law (Lei nº 9.307 of 1996, reformed in 2015) lets parties arbitrate any dispute over disposable property rights, choose the applicable law and rules, and bind each other through a written clause that survives even if the contract is void. Before the tribunal is formed a court can grant urgent relief, which lapses unless arbitration is requested within 30 days; once formed, the arbitrators control interim measures and can ask courts for help through an arbitral letter, under seal if the arbitration is confidential. The award is due in 6 months unless agreed otherwise, can be partial, can be corrected within 5 days, is not appealable and can be annulled only on listed grounds within 90 days.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. The real moved sharply in late October (R$5.0377 on 23 October and R$5.5007 on 26 October), so conversions are for orientation only.

Key facts

Arbitration statute	Lei nº 9.307/1996 as amended by Lei nº 13.129/2015 Lei nº 9.307/1996, as of 2015-05-26 · in force
Default deadline for the award if the parties set none	6 monthsLei nº 9.307/1996 art. 23, as of 1996-09-23 · in force
Deadline to sue to annul an award	90 daysLei nº 9.307/1996 art. 33 § 1, as of 2015-05-26 · in force
Deadline to ask the tribunal to correct or clarify an award (unless agreed otherwise)	5 daysLei nº 9.307/1996 art. 30, as of 2015-05-26 · in force
Arbitrators may grant, keep, modify or revoke urgent measures	Yes Lei nº 9.307/1996 arts. 22-A and 22-B, as of 2015-05-26 · in force
Days to request arbitration after a court grants pre arbitral urgent relief, or it lapses	30 daysLei nº 9.307/1996 art. 22-A sole paragraph, as of 2015-05-26 · in force
Compulsory arbitration clauses in consumer contracts	Void CDC art. 51 VII, as of 1990-09-11 · in force

The rule

1. Arbitration may be at law or in equity as the parties choose; they may pick the rules of law to apply (provided they do not breach good morals or public policy) or agree on general principles of law, usages and customs and international trade rules. Arbitration involving the public administration is always at law and public.Lei nº 9.307 of 23 September 1996 (Arbitration Law), as amended by Lei nº 13.129 of 26 May 2015, Art. 2 caput and §§ 1 to 3, 2015-05-26 official text · verified 2026-10-27

2. The arbitration agreement is either an arbitration clause in a contract or a submission agreement (compromisso) for an existing dispute. The clause must be in writing, in the contract or a separate document referring to it. If the clause refers to an institution's rules, the arbitration is started and run under those rules. The clause is autonomous: the nullity of the contract does not necessarily void it, and the arbitrator decides, on its own motion or at a party's request, on the existence, validity and effectiveness of the agreement and of the contract (competence competence).
Cost to do it: No state fee to agree a clause; institutional fees depend on the chosen institution's schedule.Lei nº 9.307 of 23 September 1996 (Arbitration Law), Arts. 3, 4 § 1, 5 and 8, 1996-09-23 official text · verified 2026-10-27

3. If a party resists starting arbitration under a clause that does not set out how to begin it, the other party can sue to have the court summon it to sign the submission agreement; the judge first tries conciliation, then decides the terms within 10 days if the parties disagree, may appoint a sole arbitrator when the clause is silent, and its judgment serves as the submission agreement. A judgment ordering arbitration to be instituted takes effect immediately even if appealed.Lei nº 9.307 of 23 September 1996; Lei nº 13.105 of 16 March 2015 (CPC), Lei nº 9.307 arts. 6 and 7 §§ 2 to 7; CPC art. 1.012 § 1 item IV, 1996-09-23 official text · verified 2026-10-27

4. Any person with capacity who has the parties' confidence may be an arbitrator; tribunals have an odd number of members, and if the parties appoint an even number, the arbitrators may appoint one more. Since 2015 the parties may jointly exclude an institutional rule that limits the choice of arbitrators to the institution's list. Arbitrators must act with impartiality, independence, competence, diligence and discretion, must disclose before accepting any fact that raises justified doubts, and are subject to the same impediment and suspicion rules as judges. Objections to jurisdiction, to an arbitrator or to the validity of the agreement must be raised at the first opportunity after the arbitration starts.Lei nº 9.307 of 23 September 1996, as amended by Lei nº 13.129 of 26 May 2015, Arts. 13 caput and §§ 1, 2, 4 and 6; 14 caput and § 1; 20, 2015-05-26 official text · verified 2026-10-27 · changed: Lei nº 13.129 of 26 May 2015 added art. 13 § 4 allowing parties to depart from closed arbitrator lists.

5. The arbitration is deemed started when the sole arbitrator, or all arbitrators, accept the appointment, and starting it interrupts the limitation period back to the date of the request, even if the arbitration later ends for lack of jurisdiction. The procedure follows the parties' agreement or institutional rules, or is set by the tribunal, always respecting adversarial process, equal treatment, impartiality and free conviction; parties may act through counsel. The tribunal may hear parties and witnesses and order expert evidence, can ask a court to compel a reluctant witness, and a party's default does not prevent an award.Lei nº 9.307 of 23 September 1996, as amended by Lei nº 13.129 of 26 May 2015, Arts. 19 caput and § 2, 21 caput and §§ 1 to 3, 22 caput and §§ 2 and 3, 2015-05-26 official text · verified 2026-10-27

6. Before the tribunal is formed, parties may go to court for urgent or protective measures, but the measure lapses if the interested party does not request arbitration within 30 days of the decision being carried out. Once the arbitration is instituted, the arbitrators may maintain, modify or revoke the court's measure, and new urgent requests go directly to them. Arbitrators may issue an arbitral letter (carta arbitral) asking a Brazilian court to perform or enforce an act, and courts keep it under seal when the confidentiality agreed in the arbitration is proven; court cases about arbitration likewise run under seal on proof of confidentiality.Lei nº 9.307 of 23 September 1996, as amended by Lei nº 13.129 of 26 May 2015; Lei nº 13.105 of 16 March 2015 (CPC), Lei nº 9.307 arts. 22-A, 22-B and 22-C; CPC art. 189 item IV, 2015-05-26 official text · verified 2026-10-27 · changed: Lei nº 13.129 of 26 May 2015 added the chapters on pre arbitral urgent relief (arts. 22-A and 22-B) and the arbitral letter (art. 22-C).

7. The award is due within the period agreed by the parties or, failing agreement, within 6 months of the start of the arbitration or of the replacement of an arbitrator; arbitrators may issue partial awards, and parties and arbitrators may jointly extend the deadline. Decisions are by majority, and the president's vote prevails if there is none. The award must contain a report, the reasons (stating if equity was used), the operative part with the time to comply, and the date and place; it decides costs and any bad faith penalty. Within 5 days of notice (unless agreed otherwise) a party may ask the tribunal to correct material errors or clarify obscurity, doubt, contradiction or omission, and the tribunal decides within 10 days.Lei nº 9.307 of 23 September 1996, as amended by Lei nº 13.129 of 26 May 2015, Arts. 23 caput and §§ 1 and 2, 24 § 1, 26, 27, 30, 2015-05-26 official text · verified 2026-10-27

8. The award is final: the arbitrator is judge of fact and law and the award needs no court approval. A party may sue to annul an award, partial or final, within 90 days of notice of the award or of the decision on clarification, only on the grounds of art. 32; nullity can also be raised in the defence against court enforcement of the award. If the tribunal fails to decide all claims, a party may ask the court to order a supplementary award.
Cost to do it: Annulment action follows the common procedure with state court fees (in São Paulo 1.5 percent of the claim value within the UFESP ceiling).Lei nº 9.307 of 23 September 1996, as amended by Lei nº 13.129 of 26 May 2015 and Lei nº 13.105 of 16 March 2015, Arts. 18, 31, 32 and 33 §§ 1, 3 and 4, 2015-05-26 official text · verified 2026-10-27

9. Consumer contracts cannot impose compulsory arbitration: such a clause is void under the Consumer Defence Code. In other adhesion contracts the clause works only if the adhering party starts the arbitration or expressly agrees in writing, in an attached document or in bold type with a signature or initials specific to that clause.Lei nº 8.078 of 11 September 1990 (Consumer Defence Code); Lei nº 9.307 of 23 September 1996, CDC art. 51 item VII; Lei nº 9.307 art. 4 § 2, 1990-09-11 official text · verified 2026-10-27

Stage	Rule	Article
Pre arbitral urgent relief from a court	Lapses unless arbitration is requested within 30 days of enforcement	Art. 22-A
Start of the arbitration	When all arbitrators accept; interrupts limitation back to the request date	Art. 19 § 2
Objections to jurisdiction or arbitrators	First opportunity after the start	Art. 20
Award	6 months from the start unless agreed; partial awards allowed	Art. 23
Correction or clarification	Request within 5 days; decision within 10 days	Art. 30
Annulment action	Within 90 days of notice, on art. 32 grounds only	Arts. 32 and 33

Arbitration timeline under Lei nº 9.307/1996 (default rules where the parties are silent).

Worked example

A European equipment maker signs a supply contract with a Brazilian buyer containing an arbitration clause seated in São Paulo under institutional rules. When the buyer stops paying and starts moving assets, the seller obtains a court freezing order before the tribunal exists and requests arbitration within 30 days so the order does not lapse (Lei nº 9.307 art. 22-A). Once the three arbitrators accept, the tribunal reviews and keeps the order (art. 22-B), and the request date counts for limitation purposes (art. 19 § 2).
The tribunal issues a partial award on liability after 5 months and a final award on damages later, with the parties' agreement to extend the deadline (art. 23 §§ 1 and 2). The buyer asks for clarification within 5 days (art. 30); its 90 day window to sue for annulment then runs from the decision on clarification (art. 33 § 1).

Step by step

1. Draft the clause in writing, naming the institution, seat, language, number of arbitrators and applicable law (Lei nº 9.307 arts. 2, 4 and 5).
2. In adhesion contracts, put the clause in bold with a specific signature, or in a separate signed document (art. 4 § 2); do not use compulsory arbitration against consumers (CDC art. 51 VII).
3. If urgent relief is needed before the tribunal exists, apply to court and file the request for arbitration within 30 days (art. 22-A).
4. Raise any jurisdiction or arbitrator objection at the first opportunity (art. 20).
5. Agree a realistic award timetable or rely on the 6 month default (art. 23).
6. After the award, calendar 5 days for correction requests and 90 days for annulment (arts. 30 and 33).
7. If the losing side does not pay, start court enforcement of the award as a judicial enforcement title (CPC art. 515 VII).

Common traps

Letting a pre arbitral court order lapse by not requesting arbitration within 30 days (Lei nº 9.307 art. 22-A).
Raising jurisdiction objections late; they must come at the first opportunity (art. 20).
Using a closed institutional list without agreement to depart from it when you want an outside arbitrator (art. 13 § 4).
Missing the 6 month default deadline without an agreed extension, which is a ground for annulment (arts. 23 and 32).
Assuming confidentiality carries into court: it does only if the confidentiality agreed in the arbitration is proven to the court (CPC art. 189 IV; Lei nº 9.307 art. 22-C).
Clauses in consumer contracts that impose arbitration are void (CDC art. 51 VII).

Sources

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