What is settlement by arbitration – sentencing determination
Posted: Thu Feb 20, 2025 5:07 am
Image of a judge dressed in a robe analyzing a case of settlement by arbitration
Today we will discuss settlement by arbitration, a civil procedure that is essential for ensuring liquidity and certainty in judicial decisions. It is through arbitration that the limits of what has been decided and what is stated in the court ruling are defined.
Index
What is settlement by arbitration?
What are the types of settlement?
How does settlement by arbitration work? Is it possible to carry out an expert assessment in this procedure?
Determination by the Court itself in the judgment on the merits
Agreement between the parties
Limits to the settlement of the judgment
Conclusion
What is settlement by arbitration?
Expressly provided for in articles 509 to 512 of the 2015 Code of france mobile database Civil Procedure , the liquidation procedure is directly related to the concept of an illiquid judgment, note:
“ Art. 509. When the judgment orders the payment of an illiquid amount, its liquidation shall be carried out, at the request of the creditor or debtor:
I – by arbitration, when determined by the sentence, agreed by the parties or required by the nature of the object of the liquidation;
II – by common procedure, when there is a need to allege and prove a new fact.”
To understand what liquidation is, we first need to define what an illiquid judgment is. Everyone who seeks the Judiciary seeks it for some reason. The existence of a conflict is inherent to the work of the Judiciary, and is related to the concept of a dispute, a legal demand. In the presence of a conflict between the parties, the Judiciary is the state power with the constitutional power to determine the winner of the conflict.
In other words, it is up to the Judiciary to analyze the facts impartially and, in compliance with the rules and principles in force, to determine each person's rights. The procedural phase of "determining the rights" occurs when the judicial decision on the merits is handed down. There, the judge decides, with reason, who is entitled to what.
In this context, there are judgments that expressly state what the defendant must do or pay to the plaintiff. These decisions are called liquid judgments. Example: a financial institution is ordered to pay R$10,000.00 in compensation to the consumer for moral damages, resulting from the undue negative listing of the consumer's name for a paid debt. Here, the judge orders the bank to proceed with the reparation, and this reparation is configured as a liquid obligation, estimable, with a certain value. In this example, liquidation would be unnecessary.
Today we will discuss settlement by arbitration, a civil procedure that is essential for ensuring liquidity and certainty in judicial decisions. It is through arbitration that the limits of what has been decided and what is stated in the court ruling are defined.
Index
What is settlement by arbitration?
What are the types of settlement?
How does settlement by arbitration work? Is it possible to carry out an expert assessment in this procedure?
Determination by the Court itself in the judgment on the merits
Agreement between the parties
Limits to the settlement of the judgment
Conclusion
What is settlement by arbitration?
Expressly provided for in articles 509 to 512 of the 2015 Code of france mobile database Civil Procedure , the liquidation procedure is directly related to the concept of an illiquid judgment, note:
“ Art. 509. When the judgment orders the payment of an illiquid amount, its liquidation shall be carried out, at the request of the creditor or debtor:
I – by arbitration, when determined by the sentence, agreed by the parties or required by the nature of the object of the liquidation;
II – by common procedure, when there is a need to allege and prove a new fact.”
To understand what liquidation is, we first need to define what an illiquid judgment is. Everyone who seeks the Judiciary seeks it for some reason. The existence of a conflict is inherent to the work of the Judiciary, and is related to the concept of a dispute, a legal demand. In the presence of a conflict between the parties, the Judiciary is the state power with the constitutional power to determine the winner of the conflict.
In other words, it is up to the Judiciary to analyze the facts impartially and, in compliance with the rules and principles in force, to determine each person's rights. The procedural phase of "determining the rights" occurs when the judicial decision on the merits is handed down. There, the judge decides, with reason, who is entitled to what.
In this context, there are judgments that expressly state what the defendant must do or pay to the plaintiff. These decisions are called liquid judgments. Example: a financial institution is ordered to pay R$10,000.00 in compensation to the consumer for moral damages, resulting from the undue negative listing of the consumer's name for a paid debt. Here, the judge orders the bank to proceed with the reparation, and this reparation is configured as a liquid obligation, estimable, with a certain value. In this example, liquidation would be unnecessary.