Originally from Arbitration Law of Brazil: Practice and Procedure - Second Edition

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APPENDIX VII

REFORM OF BRAZILIAN
ARBITRATION LAW
LAW NO. 13.129, OF 26 MAY 2015

Modifies Law 9.307, of 23 September 1996, and Law 6.404, of 15
December 1976, to broaden the scope of application of arbitration and
provide upon the choice of arbitrators when the parties resort to an
arbitral body, the interruption of prescription due to the commencement
of an arbitration, the granting of provisional and urgency measures in
arbitration cases, the arbitral letter and the arbitral award, and revokes
provisions of Law 9.307, of 23 September 1996.

THE VICE-PRESIDENT OF THE REPUBLIC, acting as PRESIDENT
OF THE REPUBLIC. Be it made known that, the National Congress
decrees and I sanction the following Law:

Art. 1st Articles 1st, 2nd, 4th, 13, 19, 23, 30, 32, 33, 35 and 39 of Law
9.307, of 23 September 1996, shall hereafter read as follows:

“Art. 1st ...............................................................................................

§ 1st State and state-owned entities may make use of arbitration in order
to resolve conflicts relating to patrimonial waivable rights.

§ 2nd In state entities, the authority or body competent to conclude an
arbitration agreement is the same as may enter into settlement or
termination agreements.” (omissis)

“Art. 2nd .............................................................................................

§ 3rd Arbitration involving public entities shall always be in law and
respect the publicity principle.” (omissis)

“Art. 4th ................................................................................................

§ 2nd (VETOED).

§ 3rd (VETOED).

§ 4th (VETOED).” (omissis)

“Art. 13....................................................................................................

§ 4th The parties may, by common agreement, set aside the application of
a provision of the set of rules of the institutional arbitral body or
specialized entity which limits the choice of the sole arbitrator, coarbitrator
or president of the tribunal to the corresponding list of
arbitrators, without prejudice to the control of such choice by the
competent bodies of the institution, with the proviso that, in the event of
stalemate or multiparty arbitration, the applicable set of rules must be
observed.

....................................................................................” (omissis)

“Art. 19.......................................................................................................

§ 1st Once the arbitration is commenced and provided that the sole
arbitrator or arbitral tribunal considers it necessary to clarify an issue
relating to the arbitration agreement, an addendum shall be prepared
alongside the parties and signed by all, and shall constitute an integral
part of the arbitration agreement thereafter.

§ 2nd The commencement of arbitration interrupts prescription, with
retroactive effects to the date of the request for arbitration, even if the
arbitration be dismissed for lack of jurisdiction.” (omissis)

“Art. 23........................................................................................................

§ 1st The arbitrators may make partial awards.

§ 2nd The parties and the arbitrators may, by common agreement,
postpone the term for the arbitral award to be made.” (omissis)

“Art. 30. In no more than 5 (five) days, as of the receipt of notice or the
personal countersigning of the arbitral award, provided that no other term
has been agreed to by the parties, the interested party, who shall serve
notice thereof to the other party, may request the sole arbitrator or
arbitral tribunal to: