International arbitration
Introduction
In Law, arbitration is a way to resolve a dispute without resorting to ordinary jurisdiction.
The parties, by mutual agreement, decide to appoint an independent third party, called an arbitrator, or an arbitration tribunal, who will be in charge of resolving the conflict. The arbitrator, in turn, will be limited by what was agreed between the parties to issue the arbitration award. It must do so in accordance with the legislation chosen by the parties, or even based solely on the principle of equity, if this has been agreed.
Arbitration is an alternative dispute resolution mechanism of a heterocompositive nature (that is, the parties in dispute do not resolve the conflict, but rather a third party does so definitively) and alternative to judicial jurisdiction, to which the parties can resort.[1].
Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In some countries, such as the United States, arbitration is also frequently used in consumer and employment matters, where arbitration may be mandatory under the terms of employment or business contracts and may include a waiver of the right to file a class action lawsuit. Compulsory arbitration in consumer and employment matters must be distinguished from consensual arbitration, in particular commercial arbitration.
The rights of review and appeal of arbitration awards are limited. Arbitration is not the same as: judicial proceedings (although in some jurisdictions, judicial proceedings are sometimes called arbitrations[2], alternative dispute resolution,[3] expert determination"), or mediation (a form of settlement (negotiation") facilitated by a neutral third party).
Arbitration is a private mechanism for resolving disputes, where a judge or other figures of the traditional judicial system (prosecutors, actuaries) do not intervene. Arbitration agreements are widely used in international commercial operations.
In Mercosur, arbitration is provided for disputes between natural or legal persons (private companies) that have entered into international commercial contracts.
When arbitration complies with the law, it replaces the ordinary jurisdiction, which does not hear the dispute. However, it will be necessary to resort to it (through executive action) when the intervention of the authorities is necessary to enforce the arbitration award, or in case of challenge thereof.
Among the advantages of arbitration are its speed, its flexibility and the fact that costs can be agreed upon in advance.