Semejanzas conceptuales y diferencias normativas en espacios jurídicos internacionales

Abstract

Studying, thanks to the tools of legal analysis, the conceptual similarities and normative differences in international legal spaces, part of the need to establish adequate on the changes in international relations, which requires a decisive articulation with the new needs that are proposed. In international law, which revolve with the effectiveness of arbitration at the service of the community and not at the service of the State. It starts from the analysis of Law 1563 of 2012 in Colombia and Law 13,129 / 2015 (BAA) in Brazil for the delineation of the international arbitration process, as well as its antecedents and the importance as an efficient mechanism within the legal field and its time in society as an effective tool that serves to solve conflicts and controversies in the private sphere. Starting from the theoretical references of Barral and Silva (2010), González de Cossío (2007), Leathley (2007) in conjunction with Mantilla Serrano (2005), which will serve to understand the current international commercial arbitration is characterized by its decisions daring, which, although they cause academic controversies, are generally accepted by the courts and consolidated in national and international regulations.