Perspectivas para os métodos alternativos de resolução de conflitos no âmbito internacional: um estudo comparado entre as convenções de Nova York (1958) e Singapura (2019)

Abstract

International conventions are extremely important mechanisms for the conduction of commercial relations in the spectrum of international law. The scope of this paper is to provide an analysis of two devices that are components of this field, which include methods of conflict resolution: international arbitration and mediation. With the advent of the latter, the main objective of this study is to be able to provide a comparison between the two institutes, especially with regard to the applicability of both in their respective areas of operation. The recognition and enforcement of decisions taken in the seat of international conflict resolution are essential aspects for the achievement of international harmony, and the work at hand is a way to measure how compatible the norms of both conventions are with the social fact that they implement. We highlight the comparative strength components between the arbitration award and the mediation agreement term, the flexibility between the devices, the existing demand, the historical context of the international community, the influence of the geographic location requirement, among others. The relevance of this study can be seen by realizing the range of possibilities that the newest treaty on mediation has in terms of outcome, enabling a predictive study based on the extremely successful referred convention for arbitration.