A eficácia das providências cautelares decretadas no âmbito da arbitragem comercial internacional

Abstract

This work explores the effectiveness of interim measures in international commercial arbitration, highlighting the challenges of their enforcement within the Mozambican legal framework. Arbitration, as an alternative dispute resolution mechanism, offers speed and efficiency compared to the traditional judicial system. However, interim measures, whose purpose is to ensure the useful effect of the action, when ordered by an international arbitral tribunal, face significant difficulties in being effectively enforced in Mozambique. These difficulties arise primarily from the recognition system adopted by Mozambique and the body responsible for its enforcement, as it often involves a process that compromises the urgency and temporary nature of these measures. To conduct this analysis, we relied on national legislation, such as the Code of Civil Procedure and the Arbitration, Conciliation, and Mediation Act of Mozambique, as well as international treaties like the New York Convention. Thus, it is concluded that although arbitration has the potential to ease the judicial system and ensure swift justice, in matters involving interim measures, the adopted procedure negatively affects their effectiveness