A impecuniosidade na arbitragem: um grave problema na instauração do procedimento arbitral, um novo conceito e uma proposta de solução à luz do princípio do acesso à justiça

Abstract

Arbitration is a conflict resolution mechanism whose choice necessarily implies the impossibility of using the Judiciary to resolve a dispute. However, it is possible that, at the time of the conflict, one of the parties does not have the financial resources to establish the arbitration procedure. The purpose of this paper is to analyze the consequences of this situation, which is a facet of impecuniosity, starting from the premise that the Brazilian legal system guarantees citizen access to the multi-door courthouse system of conflict resolution. More specifically, we intend to present an objective concept for impecuniosity in arbitration, to analyze its effects on the arbitration agreement and to present a proposal to resolve the conflict between the principles of pacta sunt servanda and access to justice