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Mediation On-Line

A Newsletter from ADR Resources
Volume 4, No. 8.
From: (Ethesis)


Stephen R. Marsh Picture


I should repeat that I am still very, very pleased to have Bob Marquardt's essay at  Settling Disputes Online: Just Another Tool, or are Negotiators, Mediators and Arbitrators Approaching Extinction? is thoughtful, intelligent and well worth reading.  I am also pleased to have an excerpt from Elgin's book at -- replacing the previous user of the /aa/ directory.

I have also added some material on Supplement: Setting Up Your Own Dispute Resolution Program at  Well worth the visit if you are considering setting up a conflict management or dispute resolution program..

Finally, the season of US News & World Report rankings and such is upon us again.  While they don't rate all dispute resolution programs, just those in law schools, I did have a wonderful debate with Jim Levin about which law school had the best program.  He didn't change my mind, I still think it is University of Missouri (Columbia) -- and so does he -- but I did get a better look at the program they use for *teaching* (and let me emphasize the teaching part of that statement) ADR to students.  I am more impressed than ever, especially with the way that Missouri has made it easy to understand and replicate their program. I'm still trying to get a copy of the Instructor's Manual for Dispute Resolution and Lawyers that came out of the Missouri experience, so if anyone has a copy they could give me, I would be grateful.

I like the integrated teaching snippets approach (with set focus and materials) and I like the thought of making follow-up available.  It is the sort of thing that makes students into better lawyers.  If only more of law school had that kind of direct, integrated, teaching approach ...

I found more background information on Mosten Mediation Centers. MMC is a corporation with a small number of investors that include stockbrokers, therapists, and lawyers.  They are recruiting mediators.  Mosten Mediation Centers now has a GSA contract and a joint venture with for national telephone mediation--they very much need more mediators throughout the country as well as trainers--particularly in workplace. Contact at or 818-380-0456.

The Recommended Book of the Month:

Well, I'm actually recommending volume 50, Number 4 of the Florida Law Review.  Everything you needed to know about setting up an ADR curriculum in a law school -- but did not know that you needed to ask.

I'm also recommending Letters from Law School by Lawrence Dieker, Jr., an account of Dieker's first semester in his second year as a top 25% student in a first tier (top 50, rather than the old "top 14" which made up the "top 10" list) law school.  It makes good reading for the proper feel that many have while in law school and should help you decide if law school is for you. If you know someone who is in their second year of law school, Letters from Law School will help you understand them better than about anything else I can recommend.

Finally, I am recommending Neil Rackham's SPIN Selling (Situation-Problem-Implication-Need).  Indentifying needs, and helping others to identify needs, is a very important part of resolving disputes.  Rackham's book provides another perspective that can help many professionals sharpen that skill.

Interesting new Mediation & ADR web sites

Educational Programs:

I am completely revising my "introduction to ADR/introduction to mediation" class outline.  I currently am focusing on traditional "40 hour" training for the start, with class assignments of simulation and observation time and five class room hours assigned to "self mediating" conflicts (portions of Dan Dana's book).  Makes for both a class that gives students a good understanding of the word "mediation" and also brings the concept home to things they can apply in day-to-day life.  I will put the class outline and materials on-line when I have it finished.

I'm also reworking my "basic skills" class materials -- after a friend and a fellow-lawyer pointed out that while I may think people need to understand Satir modes, Miller's law (and Elgin's corallary), sensory modes and the like, as well as needing some solid facilitation training to understand what mediation expands into (there are many times when facilitation is really what is needed, not mediated negotiation) -- calling it "basic" skills or "essential" skills is not as attractive to students as calling it an "advanced" skills class.  Since the textbook I was using is no longer in print, I need to rework the materials anyway.

News and Book Reviews/Books/Periodicals

I've kind of wedged all of them into the "recommended" section this month.

Current Issues

I found more background information on Mosten Mediation Centers. MMC is a corporation with a small number of investors that include stockbrokers, therapists, and lawyers.  They are recruiting mediators.  Mosten Mediation Centers now has a GSA contract and a joint venture with for national telephone mediation--they very much need more mediators throughout the country as well as trainers--particularly in workplace. Contact at or 818-380-0456.

From the (infamous) Law Specialties Rankings: Dispute Resolution

1. University of Missouri–Columbia
2. Pepperdine University (CA)
3. Harvard University (MA)
4. Ohio State University
5. Hamline University (MN)
    Willamette University (OR)
7. Cardozo-Yeshiva University (NY)
8. Georgetown University (DC)
University of Texas–Austin
10. Stanford University (CA)
11. Columbia University (NY)
12. Northwestern University (IL)

Ok, of this group, the majority are universities that follow a variant of "the Missouri" plan.  Willamette, Pepperdine, Stanford and Columbia all have historic ADR roots (remember I predicted that Columbia (NY) would be in this ranking).  UT has significant funding and an ADR center.  I'm kind of surprised that Texas Tech (in Lubbock) isn't on the list, it has a strong ADR and Negotiations program, but it may not have gotten the right kind of national attention.

About Missouri, I received the following e-mail comment from a foriegn student had asked my advice:

"I've seen the Missouri University Curriculum and it's my dream come true! My deadline application to a Fulbright grant is 25th June, so I have to work fast. ..."

I believe that is the last word in my argument with Jim Levin <g>.

Submissions to

As always, I am interested in any submissions or articles anyone would like to have posted on the web -- and I am glad to be able to point them out in this newsletter.  I prefer to post material as you have written it, with no editorial changes by myself.

With my best regards, I remain,

Sincerely yours,

Stephen Marsh
Additional material is included in the on-line version.
If you are curious where the term/name Ethesis comes
from, visit

Back issues at

If for some reason you wish to be removed from my periodical mailings please let me know. If I'm sending anyone extra copies or sending it to anyone who shouldn't be getting it, please let me know. This e-mail mailing list is supposed to be limited only people who would be interested and who have subscribed.  Thanks for your patience and help.

Post Script (the "extra" material for the on-line version).

Subj: Arbitration Act (Brazil)


Law nº 9307, 23 September 1996

- Regarding Arbitration -


Let it be known that the National Congress decrees and I ratify the

following law:



Article 1 - Persons capable of entering into contracts will be able to avail

themselves of arbitration in order to resolve disputes relating to freely

transferable property rights.

Article 2 - Arbitration may be in law or ex aequo et bono, depending on the

will of the parties.

§ 1 - The parties may freely choose the rules of law to be applied in

arbitration, as long as there is no violation of good customs and public


§ 2 - The parties may also stipulate that the arbitration be based on the

general principles of law, customs and usages and the rules of international




Article 3 - The parties can submit their disputes to arbitration by virtue

of the arbitration agreement, being such the arbitration clause and the

submission agreement. (compromis)

Article 4 - An arbitration clause is an agreement by which the parties to a

contract undertake to submit to arbitration the disputes which may arise

with respect to that contract.

§ 1 - The arbitration clause shall be in writing and it can be inserted in

the main contract or in a document to which it refers.

§ 2 - In adhesion contracts, the arbitration clause shall not be deemed to

have efficacy unless the adherent takes the initiative to initiate

arbitration proceedings or agrees expressly to its initiation as long as it

is in writing or in an attached document or in bold, with a signature or

endorsement made specially for this clause.

Article 5 - When the arbitration clause makes reference to the rules of a

particular arbitral institution or specialized entity, the arbitration shall

be instituted and conducted in accordance with such rules, unless otherwise

agreed by the parties.

Article 6 - In the event of absence of provision as to the method of

initiating the arbitration, the interested party shall serve the other party

with a written notice by registered letter or by any other means which

provides a record of delivery, calling for the other party to appear at a

set date, time and place in order to sign the compromis.

Sole Paragraph: Where the party to whom notice is served fails to appear or

refuses to sign the compromis, the other party can, pursuant to article 7 of

this law, seek assistance from the Judicial Court which originally would

have had jurisdiction to hear the case.

Article 7 - Where there is an arbitration clause but one of the parties

shows resistance as to the initiation of arbitration, the interested party

may request a subpoena for the other party to appear in court in order to

prepare the compromis, with the judge designating a special hearing for such

a purpose.

§ 1 - The claimant shall indicate precisely the object of the arbitration,

including the document which contains the arbitration clause.

§ 2 - The judge, previously to the signature of the compromis, shall try to

bring the parties into a settlement. Failing such agreement, the judge shall

lead the parties to approve, by mutual agreement, the compromis.

§ 3 - When the parties fail to agree as to the terms of the compromis, the

judge, after hearing the defendant at the same hearing or within 10 days

therefrom and pursuant to articles 10 and 21 § 2º of this law, subject to

the provisions of the arbitration clause, shall decide the issue.

§ 4 - If the arbitration clause has no provision as to the appointment of

arbitrators, it will be the judge's task, after having heard the parties, to

rule with respect to this, having the option of nominating a sole arbitrator

for the resolution of the conflict.

§ 5 - Should the claimant, without reasonable excuse, fails to appear at the

hearing to determine the preparation of the compromis, the proceedings shall

be deemed to have been terminated without entering into the merits.

§ 6 - Should the defendant fails to appear, it will be up to the judge,

having heard the claimant, to rule with respect to the content of the

compromis, nominating a sole arbitrator.

§ 7 - The judge's decision shall be deemed to be the compromis itself.

Article 8 - An arbitration clause which forms part of a contract shall be

treated as an agreement independent of the other terms of the contract. A

decision that the contract is null and void shall not entail ipso jure the

invalidity of the arbitration clause.

Sole paragraph - It shall be up to the arbitrator to decide on its own

motion or per request of the parties, the issues concerning the existence,

validity and efficacy of the arbitration agreement and of the contract which

contains the arbitration clause.

Article 9 - The compromis is the convention by which the parties submit an

existing dispute to arbitration by one or more persons, either judicially or


§ 1 - The judicial compromis shall be held on the file before the court or

tribunal where the suit is pending.

§ 2 - The extra-judicial compromis will be deliberated under private

signature, signed by two witnesses or by a public notary.

Article 10 - The following shall be mandatory in the compromis:

I - the name, profession, marriage status and the place of residence of the


II - the name, profession, marriage status and the place of residence of the

arbitrator or arbitrators, or, if applicable, the identification of the

institution to which the parties have entrusted the appointment of the


III - the matter which will be the object of the arbitration; and

IV - the place where the award shall be rendered.

Article 11 - The compromis may also contain:

I - the place or places where the arbitration will be held;

II - if the parties so agree, the provision authorizing the arbitrators or

arbitrators to decide ex equo et bono;

III - the time period in which the award shall be made;

IV - an indication of the national law or corporate rules applicable to the

arbitration, if agreed upon by the parties;

V - a statement about the responsibility of the fees and of the arbitration

expenses; and

VI - the setting of the fee of the arbitrator or arbitrators.

Sole paragraph - If the arbitrators' fees are mentioned in the compromis,

this will be interpreted of being enforced as such. In the absence of such

provision, the arbitrator will request the state judge who would originally

have jurisdiction to hear the case, to fix them by way of judgement.

Article 12 - The compromis shall be deemed to be terminated:

I - should any of the arbitrators, before accepting the nomination, refuse

to act as long as the parties have expressly declared that they will not

accept a substitute;

II - should any of the arbitrators die or become unable to act as such as

long as the parties have expressly declared that they will not accept a

substitute; and

III - should the time period referred to in article 11 (III) expires as long

as the interested party has notified the arbitrator - or the chairman of the

arbitral tribunal - giving him a 10 day-notice for rendering and presenting

the award.



Article 13 - Any person of legal capacity who enjoys the confidence of the

parties may be appointed as arbitrator.

§ 1 - The arbitral tribunal shall be composed of an uneven number of

arbitrators. The parties are free to appoint substitute arbitrators.

§ 2 - When the parties have agreed on an even number of arbitrators, the

arbitrators are deemed to be entitled to appoint an additional arbitrator.

Failing such agreement, the parties shall apply to the court which

originally would have heard the case in order to have the arbitrator's

nomination, being applicable, where pertinent, the provisions of article 7

of this law.

§ 3 - The arbitrator(s) shall be appointed by any method agreed by the

parties or through the rules of the arbitral institutional or specialized

entity chosen by them.

§ 4 - Once several arbitrators have been appointed they shall elect, by

majority, the chairman of the arbitral tribunal. Should there be no

consensus, the eldest shall be designated the chairman.

§ 5 - The arbitrator or the chairman of the arbitral tribunal may designate

a secretary who may be one of the arbitrators.

§ 6 - In the performance of his duty, the arbitrator shall proceed

diligently, efficiently, independently and shall be free and remain free

from bias.

§ 7 - The arbitrator or the arbitral tribunal may order the parties to

advance the funds for expenses and services deemed necessary.

Article 14 - Persons are disqualified from serving as arbitrators should

they have with one of the parties or with the subject-matter of the

arbitration any relationship falling into the cases of being disqualified as

a state judge and, where applicable, they should be held up to the same

duties and responsibilities as are set forth in the Code of Civil Procedure.

§ 1 - A person appointed to serve as arbitrator, before accepting the case,

shall disclose any circumstances likely to give rise to justifiable doubts

as to his impartiality or independence.

§ 2 - A party may challenge the appointed-arbitrator only for reasons of

which he becomes aware after the appointment has been made, unless:

I - the arbitrator was not appointed directly by the party; or

II - the reason for the challenge was known after the arbitrator's


Article 15 - The party who intends to challenge the arbitrator shall,

pursuant to article 20, file the respective plea directly to the arbitrator

or the chairman of the arbitral tribunal, setting forth his reasons and

presenting pertinent evidence.

Sole paragraph - When the challenge is accepted, the suspect or disqualified

arbitrator shall be removed and shall be replaced in the manner set forth in

article 16 of this law.

Article 16 - If the arbitrator should excuse himself before accepting the

nomination, or after the nomination he dies, becomes unable to carry out his

duties or is removed, the substitute indicated in the compromis, if there is

one, shall serve as substitute.

§ 1 - In the case that there is no substitute indicated for the arbitrator,

the provisions of the rules of the arbitral institution or specialized

entity shall apply, if the parties have invoked them in the arbitration


§ 2 - In the absence of any provision in the arbitration agreement and the

parties fail to reach an agreement as to the appointment of the substitute

arbitrator, the interested party shall proceed in the manner set forth in

article 7 of this law, save when the parties have expressly stated in the

arbitration agreement that they will not accept a substitute arbitrator.

Article 17 - The arbitrators, when in the exercise of their duties, or in

support of these, shall be considered comparable to public officials for the

purpose of criminal legislation.

Article 18 - The arbitrator acts as judge of fact and law and the award

rendered is not subject to judicial review, appeal or ratification.



Article 19 - The arbitration shall be deemed to be initiated when the

nomination is accepted by the arbitrator, in the case that there is only

one, or by all, if there are several.

Sole paragraph - Once the arbitration is initiated and should the arbitrator

or the arbitral tribunal feel that there is the need to clarify some issues

presented in the arbitration agreement, an addendum shall be formed, in

conjunction with the parties and signed by all, which will then be a part of

the arbitration agreement.

Article 20 - The party which intends to argue questions related to

competence, suspicion or disqualification of the arbitrator or arbitrators,

as well as the nullity, invalidity or inefficacy of the arbitration

agreement, must do so at the first opportunity, after the initiation of the


§ 1 - When the challenge is accepted the arbitrator shall be substituted

under the terms of article 16 of this law; once is declared that the

arbitrator does not have jurisdiction or when is recognized the nullity,

invalidity or inefficacy of the arbitration agreement, the parties shall be

sent to the competent judicial body to rule on the matter.

§ 2 - When the arguments are not accepted, the arbitration shall proceed

normally, subject however to review of that decision by the competent

judicial body, at the time a petition for setting aside the award is filed,

as provided by article 33 of this law.

Article 21 - The parties are free to agree on the procedure to be followed

by the arbitral tribunal in conducting the proceedings which may follow the

rules of an arbitral institution center or specialized entity, still

permitting the parties to delegate to the arbitrator himself or the arbitral

tribunal the power to regulate the proceedings.

§ 1 - Failing such agreement, the arbitral tribunal shall conduct the

arbitration in such a manner it considers appropriate.

§ 2 - During the arbitration proceedings, there shall always be respect for

the principles due process of law, equality of the parties, impartiality of

the arbitrator and that of his judicial discretion.

§ 3 - The parties are free to postulate before the arbitral tribunal in

person or by way of an attorney and the right to designate who shall

represent or assist them in the arbitral proceedings shall always be


§ 4 - It shall be up to the arbitrator and the arbitral tribunal, at the

commencement of the proceedings, to attempt the reconciliation of the

parties, applying, where pertinent, article 28 of this law.

Article 22 - The arbitrator or the arbitral tribunal, at the request of the

parties or on its own motion, may take depositions of the parties, hear

witnesses, determine the carrying out of expert examinations and any other

evidence it may deem appropriate.

§ 1 - The deposition of the parties and of the witnesses shall be taken at

the time, place and date previously communicated in writing, and shall be

reduced to a written transcript, signed by the deponent or at his request,

and by the arbitrators.

§ 2 - In case of absence without just cause from the personal deposition

session the arbitrator or the arbitral tribunal shall take into

consideration the behavior of the party at fault on rendering its award; if

the absence is on the part of a witness, the arbitrator or the arbitral

tribunal may, under the same circumstances, with proof of the existence of

the arbitration agreement, request a judiciary authority to subpoena the

reluctant witness.

§ 3 - Default by a party shall not prevent the arbitral award from being


§ 4 - Subject to paragraph 2, the arbitrators may request to the judicial

body that would have originally been competent to hear the case, to grant

interim measures of protection.

§ 5 - If, during the course of the arbitral proceedings, an arbitrator is

replaced, the repetition of evidence already presented will be at the

discretion of the substitute.



Article 23 - The award shall be made during the time frame stipulated by the

parties. If no agreement is stated, the time period for the rendering of the

award shall be six months beginning with the commencement of the arbitration

or the substitution of the arbitrator.

Sole paragraph - The parties and the arbitrator or the arbitrators, by

mutual agreement, may extend the stipulated time period.

Article 24 - The award shall be expressed in a written document.

§ 1 - When there are several arbitrators, the decision shall be by majority

of vote. Should there be no majority agreement, the vote of the chairman of

the arbitral tribunal shall prevail.

§ 2 - The arbitrator who dissents from the majority may, if he so wishes,

state his vote separately.

Article 25 - If during the course of the proceedings, a controversy arises

regarding rights not freely transferable and once is verified that the award

shall depend on whether they exist, the arbitrator or the arbitral tribunal

shall stay the proceedings and shall send the parties to the competent

authority of the judiciary branch.

Sole paragraph - Once the prejudicial question is resolved and the judgement

is placed on the record, the arbitration will continue normally.

Article 26 - The mandatory requirements of the arbitral award are:

I - a report containing the names of the parties and a summary of the


II - the grounds for the decision where questions of fact and law shall be

analyzed, mentioning expressly whether or not the arbitrators are deciding

the case on equity basis;

III - the opinion wherein the arbitrators shall resolve questions that are

submitted to them and shall establish the time frame for the compliance with

the decision, if applicable; and

IV - date and place where it was rendered.

Sole paragraph - The arbitral award shall be signed by the arbitrator or all

arbitrators. It shall fall on the chairman of the arbitral tribunal, if one

or more arbitrators cannot or do not wish to sign the award, to certify this


Article 27 - The arbitral award shall decide the responsibility of the

parties regarding costs and expenses for the arbitration, as well as fees

due to bad-faith conduct, if this be the case, following the provisions of

the arbitration agreement, if existent.

Article 28 - If during the course of arbitral proceedings, the parties

arrive at an agreement about their dispute, the arbitrator or arbitral

tribunal may, at the requested of the parties, state such a fact by means of

the arbitral award, which shall comply with the requirements of article 26

of this law.

Article 29 - The rendering of the arbitral award marks the end of the

arbitration; the arbitrator or the chairman of the arbitral tribunal must

send a copy of the decision to the parties by mail or other means of

communication, with a certificate of receipt, or if delivered personally,

with an actual receipt.

Article 30 - Within a period of five days as from the receipt of the

notification or personal knowledge of the arbitral award, the interested

party, having communicated the other party, may request the arbitrator or

the arbitral tribunal to:

I - rectify clerical errors which may affect it;

II - clarify any obscurity, doubt or contradiction in the award or to

pronounce it regarding any omitted point that should have been dealt with in

the decision.

Sole paragraph - The arbitrator or the arbitral tribunal shall decide within

10 days, amending the arbitral award and notifying the parties pursuant to

article 29.

Article 31 - The arbitral award shall produce as to the parties and their

successors, the same effects as a judgement rendered by the court and,

should it be condemnatory, it will constitute a valid document to commence

an execution process.

Article 32 - An arbitral award is null and void if:

I - the compromis is null and void;

II - it was made by someone who could not have served as an arbitrator;

III - it does not contain the requirements stated on article 26 of this law;

IV - it was rendered outside the limits established in the arbitration


V - it does not resolve the entire dispute submitted to arbitration;

VI - it is proved that it was delivered in such a way that constitutes a

breach of duty, passive corruption or graft;

VII - it is rendered after its time limit has expired, with respect to

article 12, section III of this law; and

VIII - the principles covered by article 21, paragraph 2 of this law are not


Article 33 - The interested party may plead t the competent judiciary body

that the arbitral award be declared null, according to the cases foreseen in

this law.

§ 1 - The claim for nullity shall follow the requirements provided by the

Code of Civil Procedure and shall be filed within ninety days after the

receipt of the notification of the award or of its amendment.

§ 2 - The judgement which considers the claim valid:

I - shall decree that the award is null and void in cases covered by article

32, I, II, VI, VII, VIII;

II - shall determine that the arbitrator or the arbitral tribunal shall

render another award, in all other cases.

§ 3 - The ruling of the nullity of the arbitral award may also be challenged

by way of an action to stay the execution on the part of the debtor,

according to article 741 and subsequents of the Code of Civil Procedure, if

there is a judicial writ of execution on the judgement thereon.



Article 34 - A foreign award shall be recognized and enforced in Brazil in

accordance with the international treaties with validity in the internal

legal system and, in the absence of that, strictly according to the terms of

this law.

Sole paragraph - A foreign award is considered to be one which has been

rendered outside of the national territory.

Article 35 - To be recognized or enforced in Brazil, the foreign award is

only subject to ratification ("homologation") by the Federal Supreme Court.

Article 36 - That which is set forth in articles 483 and 484 of the Code

Civil Procedure shall be applied to the homologation of foreign arbitration

judgements, where pertinent.

Article 37 - The homologation of a foreign award shall be requested by the

interested party, and requires the initial petition to contain the

indications of the procedural law, according to article 282 of the Code of

Civil Procedure, and must be prepared with:

I - the original of the arbitral award or duly certified copy authenticated

by the Brazilian consulate accompanied by the official translation;

II - the original arbitration agreement or a duly certified copy,

accompanied by an official translation.

Article 38 - Recognition or enforcement of an arbitral award may only be

refused when the defendant furnishes proof that:

I - the parties to the arbitration agreement were under some incapacity;

II - the arbitration agreement was not valid under the law to which the

parties have subjected it or, failing any indication thereon, under the law

of the country where the award was made;

III - it was not given proper notice of the appointment of an arbitrator or

the arbitral proceedings or was otherwise unable to present his case;

IV - the arbitral award was rendered beyond the limits of the arbitration

agreement and it was not possible to separate the exceeding part from that

which was submitted to arbitration;

V - the institution of the arbitration proceedings was not in accordance

with the compromis or the arbitration clause;

VI - the arbitral award has not yet become binding on the parties or has

been set aside or suspended by a court of the country where the arbitral

award was rendered.

Article 39 - The homologation for the recognition or the enforcement of a

foreign award will also be denied if the Federal Supreme Court finds that:

I - according to Brazilian law, the subject-matter of the dispute is not

capable of settlement by arbitration;

II - the recognition or enforcement of the award would be contrary to the

national public policy.

Sole paragraph - The effective citation of a party whose domicile is in

Brazil, within the framework of the arbitration agreement or of the

procedural law of the country where the arbitration was held, shall not be

considered an offence against national public policy, including the

admittance of a postal citation with unequivocal proof of receipt, as long

as it assures the Brazilian party reasonable time to exercise its right of


Article 40 - The denial of homologation for recognition or enforcement of a

foreign arbitral award due to formal defects does not prevent the interested

party from renewing his request once the defects presented to court are




Article 41 - Articles 267, section VII; 301, section IX; and 584, section

III of the Code of Civil Procedure shall now contain the following text:

Art. 267..............

VII - by arbitration agreement.

Art. 301......

IX - arbitration agreement

Art. 584....

III - the arbitral award and the homologation decree for settlement or


Article 42 - Article 520 of the Civil Procedure Code shall now contain one

more section, with the following text:

Art. 520...

VI - judicial granting of a request to institute arbitration

Article 43 - This law will come into force sixty days after the date of its


Article 44 - The following articles are hereby revoked: articles 1.037 to

1048 of Law nº 3071 of January 1st, 1916, Brazilian Civil Code; articles 101

and 1072 to 1102 of Law nº 5869 of 11 January 1973, Code of Civil Procedure;

and other provisions to the contrary.

Brasilia, September 23, 1996; 175th of independence and 108th of the


Fernando Henrique Cardoso

Nelson Jobim

(Published in the Official Gazette - DOU - 24 September 1996)

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