O papel da arbitragem na resolução de disputas e promoção do comércio internacional

Abstract

In recent decades, there has been a notable internationalization of business, and the adoption of the arbitration institute in international contracts has become increasingly recurrent, to the point that some authors do not admit the existence of an international contract without an arbitration agreement today. Studies show that currently in the international community, 80% to 90% of businesses resort to arbitration to resolve conflicts. The legal norms of sovereign states cannot keep up with the speed of business, flexibility, dynamism and informality necessary for the realization of business, because international trade activities require flexibility, speed, dynamism and sometimes informality. It is in this context that it becomes necessary to assess the extent to which alternative dispute resolution mechanisms, specifically arbitration, contribute to resolving disputes and promoting trade between States.