A sentença parcial no processo arbitral: análise crítica do REsp n° 2179459 à luz dos precedentes do STJ

Abstract

This paper examines partial arbitral awards in Brazilian law, based on their legislative consolidation through Law No. 13,129/2015 and their doctrinal development within arbitration. The study focuses on a critical analysis of the understanding established by the Brazilian Superior Court of Justice (STJ) in Special Appeal No. 2,179,459, particularly with regard to the effects of a request for clarification on the limitation period for filing an annulment action. The research shows that the interpretation adopted in this decision, by expanding the effects of the request for clarification and relativizing the autonomy of the chapters decided in a partial arbitral award, generates legal uncertainty and undermines the rationalizing function of the institute. In contrast, the paper analyzes the precedent set in Special Appeal No. 1,543,564, which recognizes the definitive nature of partial arbitral awards and the autonomous commencement of the limitation period. The study concludes that greater conceptual precision and the harmonization of case law are necessary in order to preserve the coherence of the arbitral system, legal certainty, and the effectiveness of arbitration as an appropriate dispute resolution mechanism.