Paragraph 6. If the defendant does not attend the oral proceedings, the judge, after hearing the plaintiff, has the power to establish the content of the filing agreement and appoint a single arbitrator. Article 10. The arbitration agreement must include paragraph 1. The judicial filing agreement is concluded by a written document in the docks of the case before the court where the application was filed. That`s the only paragraph. The arbitration service of a party residing or residing in Brazil, in accordance with the arbitration agreement or procedural law of the country where the arbitration took place, including the letter with acknowledgement, is not considered a violation of Brazilian public order, provided that the Brazilian party has the appropriate time to present its defence. Paragraph 1. If the challenge of suspicion or obstruction is accepted, the arbitrator is replaced in accordance with section 16 of this Act; and if the incompetence of the arbitrator or the arbitral tribunal and the nullity, disability or ineffectiveness of the arbitration agreement are confirmed, the parties go to the competent judicial authority to rule on the matter.
Paragraph 3. If the parties do not agree on the terms of the filing agreement, the judge, after hearing the party against which the application is made, decides on the content of the filing agreement, either during the oral proceedings or within ten days of the text of the compromise clause, taking into account the provisions of Article 10 and Article 21 , paragraph 2 of this Act. Paragraph 7. The Court`s decision, which granted the applicant`s application, is considered a filing agreement. Article 7. If there is a compromise clause and there is an objection at the beginning of the arbitration, the interested party may request that a procedure be served on the other party to appear before a court, so that the filing agreement is established. The judge will order a special hearing to that effect. Paragraph 4.
By mutual agreement, the parties may decide not to be bound by the provisions of an arbitration institution or a specialized body that requires the appointment of an arbitrator, arbitrator or court president by the arbitrator`s roaster. However, the arbitration institution`s control over the appointment of arbitrators is maintained. In the event of a deadlock and multi-party arbitration procedure, existing institutional rules must be respected. If several arbitrators have been appointed, they elect by a majority the president of the arbitral tribunal. In the absence of agreement, the elder will be the president. Paragraph 5. If the applicant did not properly compare to the oral procedure for drafting the filing agreement, the case is dismissed without a judgment on the merits. Paragraph 2. The competent authority or direct public management authority that enters into arbitration agreements is the same body that enters into agreements or transactions. Paragraph 2.
An out-of-court arbitration agreement is concluded by a private written letter signed by two witnesses or a public notary. Paragraph 2. When the parties appear at the hearing, the judge first attempts to bring the parties to an agreement. If this is not the case, the judge will lead the parties to a filing agreement. II – the arbitration agreement was not valid under the law to which the parties submitted it or, in the absence of information, according to the law of the country where the award is handed down; That`s the only paragraph. The introduction of arbitrator or arbitrator fees in the bid agreement is considered an enforceable out-of-court instrument.