A Convenção de Singapura sobre mediação de 2019: a conformação da exequibilidade dos acordos mediados no ordenamento brasileiro
Commercial mediation is a dispute resolution method characterized by the assistance of a third party and its flexibility. It is noted that, at the international level, even with a wide variety of such methods, arbitration remains undeniably the most popular procedure. This preference is mostly attri...
Na minha lista:
| Autor principal: | |
|---|---|
| Outros Autores: | |
| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
|
| Assuntos: | |
| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54745 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
| Resumo: | Commercial mediation is a dispute resolution method characterized by the assistance of a third party and its flexibility. It is noted that, at the international level, even with a wide variety of such methods, arbitration remains undeniably the most popular procedure. This preference is mostly attributed to the easy enforcement of arbitral awards. However, the enormous popularization of arbitration ended up making it increasingly judicial. Leaving it excessively slow, expensive and formalized, which led to widespread discontent on the part of international actors. Which are now looking for a more efficient, faster and cheaper alternative method for the resolution of their competitions. In view of this scenario, the responsible body of the United Nations drafted the Singapore Convention on the Application of Mediated Settlement Agreements, aiming to provide an enforceable framework for international mediation, thus making it a more attractive alternative to arbitration. The objective of this study is to analyze (i) the scenario of the appropriate means of dispute resolution, (ii) the main points brought by the aforementioned Convention and (iii) its compatibility with the current Brazilian legal system, suggesting the paths to be followed for its eventual incorporation. To this end, the dogmatic method was used, with consultation of legislation, doctrinal bibliographies on the subject under analysis, reports made available by UNCITRAL regarding the sessions of elaboration of the Convention and studies carried out by the delegates who participated in the construction of the international text. The compatibility between the national regulatory regime and the international treaty was also analyzed. At the end, changes are suggested in the domestic order to better encompass the Convention, in case of eventual ratification by Brazil. |
|---|