A homologação de sentenças arbitrais estrangeiras no ordenamento jurídico brasileiro

Abstract

The present work aims to analyze the homologation of foreign arbitral awards in the Brazilian legal system under the bias of the Law 9.307/96. For many years Arbitration had been underused, especially in view of the obstacles existing before the advent of the Arbitration Law since the foreign arbitral award had no effect on the Brazilian legal system if there was no double exequatur, so that made it difficult greater use of Arbitration, especially international commercial arbitration. Accordingly, the approval of the foreign arbitral award is intended to grant executive character in the Brazilian legal system to an arbitral award rendered in foreign territory. Therefore, the scope of the approval is to ascertain whether the foreign arbitral award is in line with all requirements, as well as whether the content of the arbitral award does not contravene national law to ultimately render foreign arbitral awards effective on national territory.