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The space for third parties in arbitration

Third parties, such as the amicus curiae, are welcome in the arbitration process, pointed out, this Tuesday, the 22nd, the participants of the webinar on “Third-Party Intervention in Arbitration”, promoted by the Arbitration Chamber (CArb), of the Solutions Center of ABPI Disputes (CSD-ABPI). The event, under the mediation of the assistant director of the CSD-ABPI, Flávia M. Murad Schaal, had the participation of the federal judge of the 5th Region Marco Bruno Miranda Clementino and the lawyer and arbitrator Rodrigo de Assis Torres,. “The amicus curiae is very important for the legitimation of the arbitration decision,” said Miranda Clementino.

In her presentation, Miranda Clementino addressed issues involving consensus and the risks of public administration intervention in the arbitration process. He welcomes the participation of the amicus curiae. “When it comes to arbitration involving the public administration and there being a legal relationship of some complexity, it seems to me that the non-acceptance of the amicus curiae could jeopardize the arbitration decision,” he said. For the judge other interventions can be considered. “Being the third recipient of the decision, albeit indirectly and even not having subscribed to the arbitration agreement, it seems to me that it should be accepted in the arbitration”, he exemplified.

For Torres, the INPI, as a third party, would need to adhere to the arbitration agreement in advance to defend the public interest position. “It would be perfect for the INPI to participate in a situation involving trademark or patent arbitration, which may be provided for in the arbitration agreement itself, if the parties agree”, he said. In the field of intellectual property, this type of intervention in arbitration, whether as an amicus curiae or assistance, according to him, can be of great value in franchising agreements, cohabitation agreements or technology transfer, among others.