Abstract: The new Brazilian Civil Code provides in its art. 422 the principle of objective good faith, which allows some modifications to the contractual provisions, such as the obligation contained in an arbitral clause. In this context, the renewed principle of good faith and the binding effect of the arbitral clause require, on the one hand, a well and clear written arbitration clause; and, on the other hand, a mutual cooperation between the parties, with a view to reaching their intention when establishing the arbitration clause in the contract. On the contrary, as provided in art. 422 of Civil Code) combined with art. 7 of Law 9.307/1996, refusal by a party to comply with the arbitration proceedings would permit specific performance of the arbitral clause, in order to preserve the good faith element of the contract.

Publicado também em: Revista de Direito Mercantil, Industrial, Econômico e Financeiro, v. 43, n. 135, p. 188-193, jul./set. 2004.