How does TASP - Tribunal de São Paulo work?
R: TASP: TASP is a private court which is destined to solve litigations through Mediation techniques, Conciliation and, if necessary through Arbitration. The first step to be taken in order to use the Mediation and the Arbitration at the Arbitrational Court of São Paulo is to add a clause to the contracts - rental, purchase and sale, service provision, health and other insurances, social contract besides the ones related to civil and commercial law. This so-called Arbitrational Commitment Clause authorizes TASP to act. It must stipulated as follows: " It is decided that the Arbitrational Court of São Paulo, located at Av. Paes de Barros, 399, Mooca, São Paulo/SP is in charge to solve any conflict related to this contract". This Arbitrational Commitment Clause can be added in two moments: - while the contract is being elaborated and through Anticipation in already existing contracts. In cases when litigation has already taken place and there is no Arbitrational Commitment Clause, the Arbitrational Court may act. The only necessary step is that the conflicting parties must agree to do so. The parties will have to sign the Arbitrational Commitment Term. There are other models of arbitrational commitment clauses. It depends on the nature of the contract. Get in touch with us to learn which Arbitrational Commitment Clause is best for you needs The Arbitrational Procedure Once there is a conflict, the first step of TASP is to try to reach a friendly agreement between the conflicting parties through Mediation and Conciliation. If this proves to be impossible, Arbitration will take place and the final decision is presented by the Arbitrators in charge. The arbitrators (the ones who belong to TASP) are always in impair numbers and chosen by the conflicting parties. Those Arbitrators will announce decision to definitely end the litigation.
