Oferta de arbitragem e consentimento diferido

This article aims to explore the expression of the parties’ consent to arbitration at separate moments, one from the offer, which contains the arbitration clause, and the other through the acceptance. The study analyzes consent beyond the explicit form, addressing its tacit form and the conclusive behavior. The offer to arbitrate is then compared to the provision of arbitration in an adhesion contract according to Brazilian law. The existence of such an offer on investment arbitration, competition law and the capital market are also examined. This work seeks to endorse the choice of arbitration through a meeting of wills revealed on different occasions and the observation of the parties’ behavior when interpreting consent. Offer to arbitrate; consent; arbitration agreement; adhesion; acceptance.