| "Arbitration
can be defined as being a peaceful way to resolve litigations by
means of arbitrators chosen by the litigant parties" (C.D.A.
Mello, International Public Law Course, RJ, Freitas Bastos, 1976).
Law 9.307/96, article 1st , states that: "Individuals who are
able to contract can make use of arbitration to resolve litigations
related to available property rights."
Methodology
COOMAR, in accordance to justice, has created the Arbitration Board
of the Cooperative of Maritime Power Professionals Ltda. This Board
was founded having as basis Law 9.307/96, which regulated the use
of arbitration for judging litigations involving available property
rights, that is, the rights in which parties can transact.
The
sentences passed by COOMAR Board have the same effectiveness as
the legal ones. Arbitration has several advantages, which include:
- Effectiveness (same value of the state sentence);
- Agility (maximum period of six months);
- Specialization (given by the presence of expert-arbitrators);
- Secrecy (guaranteed by Law 9.307/96);
- Prevalence of autonomy for both parties (they choose the arbitrators);
- Lower cost;
- Less time;
- The atmosphere in which decisions take place is less formal and
more flexible than of the regular justice..
- There is neither juridical hindrance nor the legal rigor which
are usually present in regular justice. Normally the litigant parties
conduct other negotiations again;
- Arbitration unburdens the judiciary system; consequently, it provides
the justice system with better conditions to devote itself to litigations
that involve public interest and unavailable rights.
|
