Desafios da arbitragem eletrônica no âmbito internacional

Abstract

With the intense development of trade and telecommunications in the late twentieth century, electronic arbitration began to gain ground in the international arbitration scene. However, there are many challenges that this kind of arbitration must overcome in order to reach the level of popularity of conventional arbitration. The aim of this study is to explain what these challenges are. First, we will explain the fundamental aspects of international arbitration, dealing with the evolution history of the technique of conflict resolution, the main arbitration institutes, the main laws and the main methods of arbitration. After that, the theme of electronic arbitration shall be deepened. Later, we will be discuss the main challenges of electronic arbitration at the international level, namely: the definition of lex arbitri and the place of arbitration, the application of the New York Convention, the legal security of electronic arbitration and the application of lex informatics in electronic arbitration. In this research, we concluded that the challenges of online arbitration, though large, are fully surmountable, not requiring drastic changes in how the arbitration process takes place, especially as regards to the enforcement of arbitral awards.