Analysis of law 9,307 / 96 as its legal and what has changed in arbitration after the advent of the New Civil Procedure Code/2015

Abstract

This article aims to analyze the influence brought by the New Code of Civil Procedure in Law no. 9.307 / 1996, Arbitration Law, to the point of defining its legal nature or not. To analyze the modifications and / or collaborations brought by said Code. At first we will delimit the arbitration with legal institute under the aegis of contractual principles of constitutional civil law. We will check these principles, as well as their effects on arbitration, which determine its legal nature. There will be a comparison between the Arbitration Law and New Code of Civil Procedure seeking to determine whether there is really a jurisdictional, hybrid or contractual legal nature. We will develop the doctrinal notions of the Theories involved in the arbitration matter. Contractual Theory, Jurisdictional Theory and Hybrid Theory. Which of these theories really define arbitration in the light of the New Code of Civil Procedure?