Law No. 13129, Of 26 May 2015

Original Language Title: Lei nº 13.129, de 26 de maio de 2015

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LEI No.13,129, DE May 26, 2015

Altera the Law # 9,307, of September 23, 1996, and Law No.6,404, of December 15, 1976, to extend the scope of arbitration and to have on the choice of arbitrators when the parties resort to the arbitration organ, the interruption of the prescription by the institution of the arbitration, the granting of precautionary and urgent tuscreens in the cases of arbitration, the arbitral letter and the arbitration sentence, and repeal devices of the Act No.9,307, of 23 of September 1996.

THE VICE PRESIDENT OF THE REPUBLIC, In the exercise of the post of CHAIRMAN OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º The arts. 1º, 2º, 4º, 13, 19, 23, 30, 32, 33, 35 and 39 of Law No. 9,307 of September 23, 1996, pass vigorously with the following essay:

" Art. 1º .................................................................................................................

§ 1º The direct and indirect public administration you can use arbitration to address conflicts on available heritage rights.

§ 2º The authority or the competent organ of the direct public administration for the conclusion of arbitration convention is the same for holding agreements or transactions. " (NR)

" Art. 2º ...................................................................................................................

...............................................................................................................................

§ 3º The arbitration involving the administration public will always be in law and will respect the principle of advertising. " (NR)

" Art. 4º ...............................................................................................................

..........................................................................................................................

§ 2º (VETADO).

§ 3º (VETADO).

§ 4º (VETADO). " (NR)

" Art. 13 ...................................................................................................................

.............................................................................................................................

§ 4º The parties, by common agreement, may to ward off the application of device from the regulation of the institutional arbitral body or specialized entity limiting the choice of single arbitrator, coarbitrator or court chair to the respective list of arbitrators, authorized the control of the choice by the competent bodies of the institution, with, in cases of stalemate and multiparty arbitration, what should be observed than to have the applicable regulation.

.................................................................................................................... " (NR)

" Art. 19. ......................................................................................................

§ 1º Instituted the arbitration and understanding the arbitrator or the arbitral tribunal that there is a need to explain question prepared at the arbitration convention, shall be drawn up, together with the parties, acceding to it by all, which shall become an integral part of the arbitration convention.

§ 2º The institution of arbitration interrupts the prescription, retroacting to the date of application for its establishment, even if it extinguishes arbitration by absence of jurisdiction (NR)

" Art. 23. ...............................................................................................................

§ 1º The referees will be able to utter sentences partial.

§ 2º The parties and referees, by common accord, will be able to extend the deadline to utter the final sentence. " (NR)

" Art. 30. Within 5 (five) days, after receipt of notification or personal science of the arbitral sentence, unless another period is agreed between the parties, the party concerned, upon communication to the other party, may request the arbitrator or to the arbitral tribunal that:

........................................................................................................................

Single Paragraph. The arbitrator or arbitral tribunal shall decide within 10 (ten) days or within agreed time with the parties, shall accede to the arbitral sentence and shall notify the parties in the form of the art. 29. " (NR)

" Art. 32. ..............................................................................................................

I-for null and void the arbitration convention ;

.............................................................................................................. " (NR)

" Art. 33. The interested party may plead to the body of the Judiciary Judiciary competent for declaration of nullity of the arbitral sentence, in the cases provided for in this Act.

§ 1º The demand for the declaration of nullity of the arbitral sentence, partial or final, will follow the rules of the common procedure, provided for in the Act No. 5,869 of January 11, 1973 (Code of Civil Procedure), and it should be proposed within up to 90 (ninety) days after receipt of the notification of the respective sentence, partial or final, or the decision of the request for clarification.

§ 2º The sentence which adjudicate the application will declare the nullity of the arbitral sentence, in the cases of art. 32, and will determine, if it is the case, that the referee or tribunal profitees new arbitral sentence.

§ 3º The declaration of nullity of the sentence arbitral can also be argued by objecting, as per the art. 475-Le following of Law No. 5,869 of January 11, 1973 (Code of Civil Procedure), if there is judicial execution.

§ 4º The interested party can join in judgment to apply for the supplemental arbitral sentencing proposal, if the arbitrator does not decide all applications submitted to arbitration. " (NR)

" Art. 35. In order to be recognized or performed in Brazil, the foreign arbitral sentence is subject solely to the approval of the Superior Court of Justice. " (NR)

" Art. 39. The type-approval for the recognition or execution of the foreign arbitral sentence will also be denigrated if the Superior Court finds that:

............................................................................................................. " (NR)

Art. 2º Law No. 9,307 of September 23, 1996, passes the increased vigour of the following arts. 22-A and 22-B, composing Chapter IV-A, and of the following art. 22-C, composing the IV-B Chapter:

"CHAPTER IV-A

DAS TUSCREENS CAUTION AND URGENCY

Art. 22-A. Before the arbitration has been instituted, the parties will be able to turn to the Judiciary Power for the granting of a precautionary or urgent measure.

Single Paragraph. Cessa the effectiveness of the precautionary or urgency measure if the interested party does not apply for the institution of the arbitration within 30 (thirty) days, counted from the date of effect of the respective decision.

Art. 22-B. Instituted arbitration, it shall be for the arbitrators to maintain, modify or repeal the precautionary or urgency measure granted by the Judiciary Power.

Single Paragraph. Being already instituted arbitration, the precautionary or urgency measure will be required directly to the referees. "

" CHAPTER IV-B

DA ARBITRAL LETTER

Art. 22-C. The arbitrator or arbitral tribunal may expedite arbitration letter in order for the national court to practise or determine compliance, in the area of its territorial competence, of act requested by the arbitrator.

Single Paragraph. In the fulfillment of the arbitration letter shall be observed the secrecy of justice, provided that the confidentiality stipulated in the arbitration is proven. "

Art. 3º Law No. 6,404 of December 15, 1976 passes on the increased vigour of the following art. 136-A in the Subsection "Right of Withdrawal" of Section III of Chapter XI:

" Art. 136-A. The approval of the insertion of arbitration convention in social status, observed quorum of art. 136, obliges all shareholders, secured to the dissident shareholder the right to withdraw from the company upon reimbursement of the value of their shares, in the terms of the art. 45.

§ 1º The convention will only be effective after the course of 30 (thirty) days, counted from the publication of the minutes of the general meeting which approved it.

§ 2º The right of withdrawal provided for in the caput will not apply:

I-in case the inclusion of the arbitration in the social status represent a condition for the company's emission securities to be admitted to trading in stock exchange listing segment or organized counter market that requires minimum shareholder dispersion of 25% (twenty-five per cent) of the shares of each species or class ;

II-should the arbitration convention be included is effected in the social status of open company whose shares are endowed with liquidity and dispersion in the market, pursuant to the letters "to" and "b" of the inciso II of the art. 137 of this Act. "

Art. 4º Revoke the § 4º of the art. 22, the art. 25 and the inciso V of the art. 32 of Law No. 9,307 of September 23, 1996.

Art. 5º This Act comes into force after decorates 60 (sixty) days of its official publication.

Brasilia, May 26, 2015 ; 194º of Independence and 127º of the Republic.

MICHEL TEMER

Jose Eduardo Cardozo

Manoel Days

Louis Inácio Lucena Adams