09/04/2026
In September 2026, Law No. 9.307/1996 (the Brazilian Arbitration Act) will complete 30 years. To celebrate this milestone, the São Paulo Lawyers Association (Associação dos Advogados de São Paulo – “AASP”) published a commemorative edition of its journal, coordinated by Arbitration partner Silvia Rodrigues Pachikoski, in collaboration with Ana Cândida Menezes Marcato.
This edition of the journal brings a collection of 26 exclusive articles authored by lawyers, arbitrators and academics, addressing the evolution of arbitration and offering perspectives on its future. The 30th anniversary of the Brazilian Arbitration Act represents a landmark that reflects the success of arbitration as a stable, reliable and cost-effective dispute resolution mechanism, one that promotes predictability and legal certainty for foreign investments. In this context, Brazil has emerged as one of the leading players in the global arbitration market, as well as a key regional hub in Latin America.
Among the contributions, special attention is given to the article authored by Pedro Batista Martins, one of the drafters of the Brazilian Arbitration Act. The author recognized that the legal and institutional consolidation of arbitration has produced tangible and measurable macroeconomic effects: arbitration has directly benefited capital-intensive sectors with long-term investment cycles, such as infrastructure, energy, transport and telecommunications. For these markets, the inclusion of a well-drafted arbitration clause has become a decisive factor for risk mitigation in commercial operations.
In addition, André Abbud, former President of the Brazilian Arbitration Committee (Comitê Brasileiro de Arbitragem – “CBAr”), emphasized that the growth of arbitration in Brazil is not limited to the economic dimension of cases, the number of parties, or the breadth of sectors involved, but it also has a political dimension. The importance that arbitration has assumed in promoting social harmony creates both the need and the responsibility to engage with the branches of government, in order to preserve the conditions that have enabled its consolidation and to build the necessary bridges for its continued development.
As representatives of the Judiciary, Justice Ricardo Villas Bôas Cueva and Renata Mota Maciel emphasized that an assessment of the 30 years of application of the Brazilian Arbitration Act in the case law of the Superior Court of Justice (Superior Tribunal de Justiça – “STJ”) reveals a trajectory that evolved from initial skepticism to the firm recognition of arbitration as an appropriate means of dispute resolution and a key instrument for promoting legal certainty in Brazil.
In addition to these contributions, the journal features several provocative articles that examine contemporary issues and propose necessary improvements for the arbitral practice, based on technical and qualified analysis developed by professionals who have actively participated in the evolution of arbitration.
This publication is a recommended reading for students, practitioners and others interested in arbitration as a dispute resolution mechanism. The journal is available in print and may also be accessed in digital format by AASP members through the following link: https://www.aasp.org.br/produtos-servicos/publicacoes/revista-da-aasp/.
Co-authored by: Silvia Rodrigues Pachikoski, Mariana Dias Sallowicz, Vitória Carolina de Morais Almeida, José Victor Palazzi Zakia and Julia Guimarães Rossetto
