Arbitration: Statutes of Limitation to Initiate an Arbitration Proceeding

discussion about the institute, legal nature and possible consequences for the expiration of the term

Abstract

The insertion of a borderline period to start the arbitration procedure, through the arbitration agreement or by the regulation of an arbitration institution, is a topic little discussed by Brazilian doctrine. Such term is defined in international law as statutes of limitation or time bar, common in investment agreements and in sports arbitration, but little or almost never used in commercial arbitration. This article will seek to discuss the possibility and validity of the insertion of such time limits, by the arbitration agreement or by the regulations of the institution, as a result, above all, of the will of the parties. Specific issues will be analyzed, such as the flexibility of the arbitration procedure and the limits of the parties’ autonomy, as well as the possible effects in the event of the expiration of the period to start the arbitration procedure according to the point of view of the Brazilian scenario.