A teoria da deslocalização na arbitragem comercial internacional

Abstract

This master’s thesis is dedicated to the study of the theory of delocalization in international commercial arbitration. The study begins with an analysis of international arbitration and its distinction from domestic arbitration. It then seeks to demonstrate the importance of the seat in international arbitration, the relevant factors influencing the choice of the seat, and the consequences of that choice in light of the central role that the seat plays in the cooperation and harmony between different legal systems in international arbitrations. Based on these premises, the examination of the central theme of this study is divided into two parts. First, the conceptual construction of delocalization is explored, citing doctrinal perspectives both in favor of and against delocalization as a legal theory. Subsequently, the two main expressions of delocalization in law and case law are analyzed: the recognition of arbitral awards set aside at the seat and the possibility of removing from the seat of arbitration the competence to annul awards rendered in international arbitrations. Although occasional references are made to other legal systems, particular emphasis is placed on examining the issues addressed in this study in light of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, with references also being made, at various times, to Brazilian law and the European Convention on International Commercial Arbitration.