Revista Eletrônica de Direito Processual (Apr 2020)

GLOBALIZATION AND ADEQUATE MEANS OF CONFLICT RESOLUTION: ON THE IMPORTANCE OF ARBITRATION FOR TRANSNATIONAL COMPANIES

  • Mateus de Oliveira Fornasier,
  • Fabricio Zambra Soares

DOI
https://doi.org/10.12957/redp.2020.44545
Journal volume & issue
Vol. 21, no. 1
pp. 335 – 367

Abstract

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This article aims to understand the evolution of Law in the international arena, in the face of globalization, as well as to provide relevant aspects about alternative means of conflict resolution, especially international arbitration. As its hypothesis, it was presented that international arbitration stands out because it allows the resolution of conflicts more quickly, in addition to allowing the best agreement for the parties. Specific objectives: i) to contextualize transnational corporations as important figures in the world economic scenario; ii) to observe conflicts in a global level that need legal protection. Results: For the resolution of these conflicts, the institutes of mediation, conciliation and arbitration stand out, the latter being widely used in the international scenario. International arbitration, therefore, appears as an outlet for parties involved in international litigation, allowing the speed and scope of justice through the intervention of the referee, a professional technically prepared to assist in the solution of these impasses. Methodology: hypothetical-deductive method of proceeding, with a qualitative approach and a bibliographic-documental research technique.

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