A utilização da arbitragem internacional como instrumento de solução de litígios no âmbito do Mercosul

Abstract

The increasing use and success of the arbitration within Mercosur as an instrument to resolve disputes is proving the efficacy and functionality of the system. The narrowing of international trade relations between Mercosul nations demand the application of an institute that serves both to solve the conflicts so rapid, confidentially and economically less costly as to stimulate change in the domestic legislation of each country. This monograph is scoped to demonstrate methods of conflict resolution, focusing on arbitration in national and international levels, addressing the historical evolution of the institute, its development and application in the current legal relations. A detailed study in a favorable perspective of its extensive use in a commercial dispute in the international arena with the illustration of case studies that were successful, proving the efficiency of the arbitration. It should be noted that globalization and the formation of economic blocs are responsible for the creation of adequate space, and provide encouragement in the preparation of various arbitration agreements, that is why it is necessary to have a permanent institution able to resolve conflicts which may eventually arise between States Parties. It also demonstrated the use of arbitration institute in Brazil and his relationship with Mercosur, and how the adoption of this system of dispute resolution directly affect the international political and trade relations.