Arbitragem comercial internacional frente à convenção de Nova Iorque de 1958

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The essay intends to discuss about the importance of the international arbitration, especially regarding the recently ratified New York Arbitration Convention of 1958 and its consequences for the international commerce. Therefore, it makes a detailed study of the New York Convention of 1958, aiming at contextualizing in the international arbitration and its sources and ends with the position of the Brazilian courts and of other countries regarding the recognition and enforcement of the arbitral awards. Arbitration is a way of resolution of controversies very used, especially among the international traders, because of its confidentiality, expertise of the arbitrators, free choice of the law applicable to the merit of the litigation, being more flexible than the judicial proceeding among others aspects. Also, the possibility or not of the enforcement of the award is a key factor to the parties decision of arbitration regarding a controversy in a determinate jurisdiction. The ratification of the Convention by Brazil on 2002, object of the present dissertation, besides insering definitely our country in the hall of the players of the international commerce, certainly will influence the growing of its international commercial relations and consequently the arbitration in our country

ASSUNTO(S)

arbitragem internacional international arbitration direito comercio internacional arbitragem comercial internacional

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