The Use of Arbitration in Consumer Relationships

Abstract

Arbitration, legitimated by the autonomy of the will principle, is challenged by most scholars in relation to its use in consumer relationships. According to the article 4º, paragraph 2º of the Law of Arbitration, "in adhesion contracts, the compromissory clause shall only be effective if the party has the initiative to institute the arbitration or to agree with it expressly, since in writing in enclosed document or in bold, with the signature or visa especially for that clause." However, given the condition of the weak party, inherent to consumer relationships, he can argue vice of consent, by stating that the party who drafted the adhesion contract has more contractual, technical or economic power than him. Besides, Brazilian Consumer Code, art. 51, disposes that contractual terms that impose arbitration shall be void.