Honorários de Sucumbência na Arbitragem: Práticas Decisórias e Mecanismos de Distribuição

This final report concerns the research conducted on attorney's fees in arbitration, whose admissibility is disputed in light of Article 27 of the Brazilian Arbitration Act, Law 9.307/96, which governs the allocation of costs and expenses without referring to the institute. Against this backdrop, the project analyzes legal doctrine and empirical data to understand how the topic has been operationalized in arbitral practice and, thus, addressing the following question: "How does arbitration decide on legal fees in Brazil?" To this end, the study begins by characterizing legal fees in their environment of origin, Brazilian state judicial proceedings, before examining their treatment within arbitration, with emphasis on the centrality of party autonomy and on the divergences regarding both the admissibility and the criteria for setting these fees. Finally, an empirical analysis is conducted of the agreements of the parties and the subsequent arbitral awards, so as to verify, first, whether and how the matter is addressed, and then to assess how such disputes have been handled, thereby making it possible to identify the manner in which arbitral tribunals resolve issues related to legal fees.