Changes In Arbitration Law In Consumers Relations

On 10/02/2013 Senator Renan Calheiros submitted the Bill N. 406/2013 to the Federal Senate. Said bill proposes, among other things, to include § 3º of Article 4º of Law N. 9.307/96 in order to allow the usage of arbitration in consumer-related conflicts.

The aforementioned paragraph sets forth that, in consumer relations established by means of an adhesion contract, the clause would only be effective if the adhering party initiates the arbitration process or expressly agrees to its usage. Therefore, this would allow the parties to enjoy more freedom, as they would be able to include a binding clause in contracts that regulate consumer relations.

Thus, the practice of arbitration would be made possible without conflicting with the limitations set forth in Article 51, VII, of the Código de Defesa do Consumidor (Brazilian Consumer Defense Code), which nullifies any clause that forces the consumer to the arbitration courts.