Arbitragem internacional: Leis modelos da UNCITRAL e IA-A

The arbitration is a method of conflict resolution. Through this conflicts are decided by people non-coated on the quality of state judges. For a bigger uniformity some laws models had been created that regulate traces of the arbitration that each State can adopt it and incorporates in its regulations. An example is the Law Model UNCITRAL, shower of the development that the arbitration reached as an alternative method of conflict resolution. This Law does not require the celebration of the arbitrational commitment, allows the arbitrators to decree preventive measured, recognizes the option of the arbitrators to decide about their jurisdiction, consecrates the autonomy of the arbitrational agreement as the adjacent legal relationship, excludes the possibility to attack the decision of the arbitrators on the merit of the subject and unifies the regimen of resources. The law introduced a organic system of enormous international acceptance in recognition substance and execution of the foreign arbitral awards that, among others merits, do not assimilate or tie the applicable law of the recognition and execution of these awards when another country’s sentences. Still it has the probatory rules of International Bar Association (IA-A) that, joining aspects of the Civil Law and the Common Law, consisted in a landmark of the probatory instruction. No one can deny the importance that the institute of the arbitration reached with increment of the world-wide commerce, conferring the security that it needs. Thus, it must be concluded that a country, to follow the development of the international trade, needs legislation and an arbitrational procedure efficient.