[Des]harmonia entre o artigo III da Convenção de Nova Iorque e o artigo 35 da Lei de Arbitragem brasileira

Abstract

This study aims to investigate the congruence between the New York Convention of 1958,which deals with the recognition and enforcement of foreign arbitral awards, and the BrazilianArbitration Law of 1996, which addresses arbitration at both national and international levels,specifically in relation to Article III of the New York Convention (NYC) and Article 35 of thenational arbitration legislation, which discuss the procedures for recognition and enforcementof foreign awards. In essence, it seeks to analyze their mutual concordance. For the scope ofthis work, aspects such as the origin of arbitration in the legal context of Brazil, its history, andthe fundamental principles that differentiate international from domestic arbitration will beexplored. Furthermore, the relevant points of the NYC, including the complex and prolongedprocess of ratification of the convention by Brazil, as well as its role in the context ofinternational arbitrations, will be discussed. Additionally, the procedure adopted by the NYCfor the recognition and enforcement of arbitral awards from foreign countries will be detailed.Following this, an analysis of constitutional amendment number 45 and its impact on theBrazilian arbitration scenario will be conducted, especially due to the transfer of competencefor the recognition and homologation of foreign sentences, including arbitral ones, fromthe Supreme Federal Court (STF) to the Superior Court of Justice (STJ). In addition, relevantcomments will be made on a study conducted by the Brazilian Arbitration Committee(CBAr) that addresses the delay in the recognition of foreign arbitral awards in Brazil. Inconclusion, the existence, or lack thereof, of congruence between the confronted normativeprovisions will be pointed out