A escolha da sede em arbitragem comercial internacional: análise da aderência do sistema de arbitragem brasileiro aos usos e costumes do comércio internacional

Abstract

The study aims to analyze, in a scenario of interdependence in which commercial conflicts become relevant to international relations, what is the influence exercised by national arbitration systems in the choice of a country as the seat of an international commercial arbitration. The objective is to verify how international commercial arbitration fits into the context of international relations; to understand the relevant factors in the choice of the seat of the arbitration; and to evaluate the adherence of the Brazilian arbitration system to the usages and customs of international trade. It was used the inductive method, carried out through a literature review of the theories of International Relations and international commercial arbitration in primary and secondary sources, mainly from Nogueira e Messari (2005), Keohane e Nye (1989), Friedman (2001), Rezek (2014), Born (2016) and Cretella Neto (2012); and analysis of the usages and customs of the international commercial arbitration and the soft law applicable to it, by evaluating empirical surveys conducted by the School of International Arbitration at Queen Mary University of London (2010, 2015 and 2018) and by Lemes (2022) with relevant market players. The expected result is that the choice of a country to be the seat of an international commercial arbitration is closely linked to the adherence of its national arbitration system to the usages and customs of international trade, and that the reason Brazil is being chosen more often as seat of international arbitration is the adherence of its system to the international model. Thus, the adherence of the Brazilian arbitration legal system to the international model is positively influencing decision makers in choosing Brazil as the seat of international commercial arbitration.