As Cláusulas Escalonadas no Ordenamento Jurídico Brasileiro: Breves Considerações sobre as Cláusulas Med-Arb e Seus Efeitos

Abstract

This article aims to discuss multi-tiered dispute resolution clauses, including setting out some of its main examples and analyzing, more specifically, the med-arb multi-tiered dispute resolution clause, which provides for mediation proceedings before the commencement of the arbitration. Some of the main effects of the med-arb clauses are also discussed, such as the effects of its non-observance, the possibility of requiring an interim relief before the mediation and the conservation of its effects during the mediation proceeding, and the possibility of setting aside an award issued in an arbitral proceeding that did not observe the previous mandatory mediation requirement. Arbitration; mediation; multi-tiered clauses; med-arb.