As cláusulas escalonadas no ordenamento jurídico brasileiro

breves considerações sobre as cláusulas med-arb e seus efeitos

Resumen

This article aims to present considerations regarding what is a multi-tiered dispute resolution clause, set out some of its main examples and analyze, more specifically, the med-arb multi-tiered dispute resolution clause, which provides for a mediation proceeding previously to the commencement of the arbitration. Some of the main effects of the med-arb clauses are also discussed, namely, related to 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 eventual possibility of setting aside an award issued in an arbitral proceeding that did not observe the previous obligatory mediation requirement.