ABSTRACT: This article discusses the concepts of international arbitration and foreign award from the perspective of Brazilian Law. Statutory law and doctrinal classifications are used to understand the place reserved to the notion of private international and transnational arbitration in Brazil, as well as to explain the regime of recognition and enforcement of foreign arbitral awards in the Brazilian statute of arbitration (Lei nº 9.307/1996) and the New York Convention of 1958. The conclusions show that in Brazilian law the categorization of a specific arbitration as international or merely domestic does not produce relevant effects and, on the other hand, the differentiation between foreign and national awards is fundamental to determine the procedural regime of recognition and enforcement.
Revista Brasileira de Arbitragem