The New Era of Arbitration in Brazil: Consolidation and Global Leadership

The year 2026 marks a symbolic and structural milestone for arbitration in Brazil. More than the celebration of relevant institutional achievements, this period highlights the consolidation of a sophisticated arbitral system fully integrated into the international landscape, characterizing a true era of Brazilian arbitration leadership.

In 2026, Brazil’s Arbitration Act (Federal Law No. 9,307 of 1996) celebrates its 30th anniversary, having established itself as one of the most successful pillars of the national legal system in dispute resolution.

Over these three decades, including the amendments introduced in 2015, the statute has evolved from an instrument initially surrounded by skepticism into a mechanism widely recognized for its efficiency, specialization, and legal certainty.

Driven by important institutional milestones, the consistent performance of the Judiciary, particularly the Supreme Court (STF) and the Superior Court of Justice (STJ), and the increasing sophistication of arbitral institutions, arbitration has come to occupy a central role in the resolution of complex disputes, both domestically and internationally.

The thirtieth anniversary of the law not only celebrates its longevity but also symbolizes the maturity of a system fully aligned with global best practices and in continuous expansion, supported by increasingly relevant institutional actions.

On the international stage, Brazil reaffirms its relevance through concrete data. The preliminary 2025 dispute resolution statistics released by the International Chamber of Commerce (ICC) in February 2026 confirm that Brazil ranks second in the number of parties involved in ICC arbitrations, representing 8.4% of the total, behind only the United States (11.2%) and ahead of Spain (5.6%) (Available here accessed on April 9^th, 2026).

This position demonstrates the confidence of both domestic and foreign economic actors in Brazil’s arbitral environment. The country’s leadership is also reflected in the hosting of the 15th ICC Brazilian Arbitration Day in 2027, which will also celebrate the 10th anniversary of the institution’s office in São Paulo, a milestone in Brazil’s definitive consolidation within the global arbitration circuit.

The year 2026 also marks the 25th anniversary of the Brazilian Arbitration Committee (CBAr), coinciding with the holding of its 25th International Arbitration Congress in Rio de Janeiro.

More than a temporal milestone, this represents confirmation of CBAr’s institutional consistency in promoting the technical development of arbitration and fostering a highly qualified community.

Throughout its trajectory, the Committee has established itself as one of the main drivers of best practices and dialogue among academia, law firms, companies, and arbitral institutions.

In 2026, it is also 25 years since the STF ruling that recognized the constitutionality of the Arbitration Act (STF, SE 5206 AgR, Rep. Min. Sepúlveda Pertence, Plenary, judgment on December 12, 2001).

On that occasion, by majority decision, the Court upheld the validity of arbitration clauses, confirmed the compatibility of arbitration with the constitutional principle of access to justice, and recognized the jurisdictional nature of arbitral awards.

Thus, arbitration was firmly established as a legitimate means of dispute resolution arising from party autonomy, without violating the right of access to the Judiciary.

It is also worth noting that in 2027 Brazil will mark 25 years since acceding to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, incorporated by Decree No. 4,311/2002. This milestone represents one of the pillars of the country’s international integration, ensuring the effectiveness and cross-border enforceability of arbitral awards. Over these decades, the consistent application of the Convention by the STJ has been decisive in reinforcing confidence in Brazil as an arbitration-friendly jurisdiction.

At the domestic level, institutions such as CAM-CCBC, approaching its 47th anniversary and set to hold its 13th Congress in October 2026, a flagship event of the Sao Paulo Arbitration Week, demonstrate the high level of sophistication and specialization achieved by Brazilian arbitral institutions.

Without intending to be exhaustive, it is also important to highlight the activities and significant contributions of CAMARB, FGV, AMCHAM, CIESP/FIESP, CBMA, the B3 Market Arbitration Chamber, and other relevant regional institutions, each of which would merit extensive recognition, though this is beyond the scope of this brief overview. The strengthening of these institutions has been essential to ensuring predictability, efficiency, and credibility in arbitral proceedings, playing a decisive role in consolidating Brazil as a reliable and competitive arbitration venue.

At the same time, the Brazilian Judiciary, particularly the STJ, has played a central role in consolidating arbitration.

The STJ’s case law consistently reaffirms the autonomy of arbitration, upholds party autonomy, and limits undue judicial interference, thereby reinforcing one of the essential pillars of legal certainty in arbitration.

Among many important decisions, noteworthy are those in which the STJ recognized that arbitral tribunals have primary jurisdiction to rule on their own competence, including issues related to the existence, validity, and effectiveness of arbitration agreements and contracts containing arbitration clauses (STJ, AgInt in AREsp No. 1,276,872/RJ, Rep. Min. Og Fernandes, Second Panel, judgment on December 1, 2020), as well as the decision recognizing the inapplicability of the Brazilian Code of Civil Procedure (CPC) to arbitral proceedings (STJ, REsp No. 1,851,324/RS, Rep. Min. Marco Aurélio Bellizze, Third Panel, judgment on August 20, 2024).

The convergence of these factors, namely institutional maturity, international recognition, the strengthening of arbitral institutions, and support from the Judiciary, supports the conclusion that Brazil is entering a new phase.

This is an era of consolidation and leadership, in which the country not only adopts but also influences global arbitration standards. In this regard, it is consistently observed that local practice, whether by arbitrators or counsel, has reinforced international practices aimed at enhancing efficiency and predictability in arbitral proceedings, qualities highly valued by users.

For companies, investors, and legal practitioners, the outlook is clear: arbitration in Brazil has moved beyond being an emerging alternative and has become a central, reliable, and strategic mechanism for resolving complex disputes.

While not a perfect system, arbitration in Brazil is one in constant evolution, gradually incorporating international best practices. Even so, the Brazilian arbitration community has much to be proud of: the trajectory built thus far suggests that the next cycle will be less about affirmation and more about leadership.