Globalisation has broken through territorial boundaries and
geographical barriers. Distances have been reframed, transforming
the dynamics of commercial relationships. The advancement of
technology enhances this interaction, creating opportunities and
new forms of contracting, including internationally.
From another perspective, some novelties brought by the Code of
Civil Procedure of 2015 expand the possibility of customising
future litigation through procedural legal transactions contained
in agreements.
Indeed, Article 190 of the Code of Civil Procedure (CPC) allows
the parties to stipulate, in cases where self-determination is
allowed, changes in the procedure to adapt it to the specifics of
the case, as well as to agree on their procedural burdens, powers,
options and duties, before or during the process.