Regulatory agencies and arbitration

an alternative to sectoral divergencies

Authors

  • Luis Roberto Sigaud Cordeiro Guerra Fundação Getúlio Vargas - Rio

DOI:

https://doi.org/10.11606/issn.2319-0558.v6i2p71-94

Keywords:

Regulation, Regulatory agencies, Normative power, Arbitration, Public Administration

Abstract

One of the main factors encouraging investors to take on new risks, attracting the necessary resources to develop regulated sectors, is the possibility of resolving disputes arising from these activities quickly and effectively. The Judiciary, immersed in lawsuits, is not currently able to offer the jurisdictional provision in the necessary time, especially when the question involves dynamic sectors of the economy, such as those regulated by the Agencies. These disputes invariably deal with technical issues with a high degree of complexity, and the judiciary does not always have the characteristics necessary to resolve them adequately. In this context, the Arbitration instituted by Law nº. 9.307/1996 presents itself as an alternative for the settlement of disputes within the regulated sector. Arbitration is, admittedly, one of the most efficient ways to resolve complex and relevant economic disputes. This text will analyze the possibility for the regulatory agencies to adopt the Arbitration provided for in Law No. 9.307/1996 – a recognized agile, technical and specialized instrument – as an alternative dispute resolution method in the regulated environment and the respective limits for its use in this sector.

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Author Biography

  • Luis Roberto Sigaud Cordeiro Guerra, Fundação Getúlio Vargas - Rio

    Mestrando em direito da regulação pela FGV/RIO. Bacharel em direito pela UCAM. 

Published

2019-07-31

Issue

Section

ARTIGOS CIENTÍFICOS

How to Cite

Regulatory agencies and arbitration: an alternative to sectoral divergencies. (2019). Revista Digital De Direito Administrativo, 6(2), 71-94. https://doi.org/10.11606/issn.2319-0558.v6i2p71-94