The arbitration clause as a proper instrument of access to justice in the post-pandemic

Abstract

According to Brazilian law, the parties are free to choose arbitration to resolve their disputes, doubts arise as to whether it is possible to opt for arbitration and, in the same contract, for other forms of conflict resolution, such as the judiciary, depending any specific situation, such as a specific contract or contractual clause or the amount involved in the dispute and, if so, whether that institute can represent an effective instrument of access to justice, presenting as justification the serious crisis that we are likely to go through in the post-pandemic period, the increased use of arbitration as an appropriate method of dispute settlement and the absence of specific works on the subject, being an original and unprecedented approach. The method adopted was the hypothetical-deductive one, implying, in the end, that respecting some limits, the arbitration clause can be an interesting instrument for expanding access to justice.