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Title: A comparative study of arbitrability of disputes in Brazil and England : is there room for uniformity?
Author: Oliveira, Leonardo Valladares Pacheco de
ISNI:       0000 0004 5358 5655
Awarding Body: University of Essex
Current Institution: University of Essex
Date of Award: 2014
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Brazil and England are an ocean apart and their legal systems are very different. Nevertheless, when it comes to the practice of arbitration, after many years, Brazil adopted an irreversible pro-arbitration environment while England has been an arbitration friendly forum for more than a century. When the use of arbitration grows, inevitably, the question of what disputes can be submitted to arbitration will be raised. The natural tendency is to expand the range of disputes, but this could not be understood as a rule, there will always be a limit. Even though arbitration in Brazil and England are not on the same level of sophistication, courts in both nations have been making decisions regarding issues of arbitrability. The question of what matters can be submitted to arbitration is not seen in the same way around the globe; however, hopes and engagements towards uniformity have been welcomed by the international community. This thesis examines the issue of arbitrability through a comparative study between the English and the Brazilian legal system. The scope of the research is to assess if looking at the two countries, one a stable economy with a tradition of arbitration and the other an emerging economy where arbitration has grown expansively over the past ten years, is feasible to seek alternatives on a possible harmonisation. In order to achieve the thesis' goal, the research fIrst provides for a deep examination of what arbitrability is and its implications. After such scrutiny, the comparative study is done by making an analysis of the current Arbitration Acts in England and Brazil, demonstrating how they approach the issue of arbitrability and how the case law concerning the issue of arbitrability compares. The comparative research is done by looking at the functional equivalence that arbitrability has in both legal systems to see in which direction the two nations are going and if they are approaching or distancing themselves from in the international view of arbitrability. The results verify what can be extracted from the English system to be implanted in the Brazilian system and vice-versa. Through this examination, utilising England and Brazil as case studies, the conclusion asserts if there are alternatives leading toward harmonisation or if such an attempt should be excluded from international policies in arbitration.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available