A Câmara de Arbitragem da OAB/RJ e seu novo Regulamentoentre continuidade e modernização

Resumo

This paper examines the new Regulation of the OAB/RJ Arbitration Chamber, in force since June 6, 2025, in its institutional, procedural, and economic dimensions. It seeks to determine to what extent the regulatory reform modernizes the Chamber’s structure, governance, and arbitral procedure, aligning them with the best practices of institutional arbitration in Brazil. The study begins by contextualizing the Chamber within the Brazilian arbitration system, examining its legal nature, purpose, jurisdiction, and institutional limits, as well as its organization and governance under the new text. The paper then examines the arbitral procedure set forth in the new Regulation, particularly the expediting techniques adopted and their compatibility with the procedural guarantees established by article 21, paragraph 2, of Law No. 9,307/1996, as well as the regime of independence, impartiality, and selection of arbitrators. It also reviews the regime of costs, expenses, and fees established by the new Schedule of Costs, an integral part of the Regulation, highlighting the gains in transparency, objectivity, and predictability in comparison with the previous model. Finally, a comparative analysis is developed from a twofold perspective: vertical, between the new Regulation and the previously effective text, and horizontal, with the 2024 Arbitration Rules of the OAB-SP Chamber, in order to identify advances, continuities, and aspects open to improvement. The paper concludes that the new Regulation promotes a significant institutional repositioning, notably in the Chamber’s specialization, in the parties’ freedom to appoint arbitrators, and in the management of procedural time, although certain aspects remain open to refinement, such as the concentration of powers in the Chamber’s Presidency, as evidenced mainly by the comparison with the São Paulo experience.

Ficha do documento

Tipo

Outro

Ano

2026

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/41252

Temas

Governança

Palavras-chave

Câmara de Arbitragem da OAB/RJArbitragem institucionalProcedimento arbitralEficiência procedimentalAcesso à arbitragemOAB/RJ Arbitration CenterInstitutional arbitrationArbitral procedureProcedural efficiencyAccess to arbitrationOrdem dos Advogados do BrasilArbitragem (Direito)