Convenção de Singapura

• Autor(a) principal: Gonçalves, Joana Roxo Saraiva
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/148535
• topic: RAL; Mediação; Mediação; Convenção de Singapura; Execução de acordos de mediação; Comércio internacional; Mediation; Singapore Convention; Enforcement of mediation agreements; International trade; Direito

This thesis arose from the need to publicize the importance of the mediation process in a democratic society that must provide its citizens with efficient conflict resolution processes. Thus, having as basic principles they need to create faster, less expensive, more satisfactory ways that preserve the good relationship and the international rules of etiquette between the parties, this dissertation proposes to present the alternative dispute resolution to settle international altercations, through the mediation of conflicts, as opposed to the traditional jurisdictional resolution. Mediation is a new legal approach and management tool to deal effectively with international trade disputes, recognized by the United Nations and the Commission on International Trade Law, which, noting that there was a gap in legal certainty due to the lack of mechanisms that ensured the execution of the mediation agreements, when necessary, began work that culminated in the United Nations Convention on International Mediation Agreements, better known as the Singapore Convention, which will be the object of study. That being said, it is important to define how the dissertation will be structured. The first part is aimed at framing the theme of alternative conflict resolution and the emergence and rise of mediation, not only in the international but also in the national sphere. Furthermore, it is worth mentioning its benefits and characteristics. Next, an analysis of the Convention and its main characteristics is essential and more importantly, define its scope of application so that in this way it is possible to conclude which cases benefit from its application. There follows a chapter dedicated to exploring its benefits for international trade, using not only theory. Regarding the third chapter, I will be analyzing why Portugal did not adhere to the Convention while critically examining the reasons that might justify such a decision, balancing its possible advantages and disadvantages. Finally, we will reach the conclusions of this research, seeking to answer the following questions: why and when do we benefit from the use of mediation in international commercial disputes? What is the scope of application of the Singapore Convention? Should the Portuguese State consider becoming a party in this Convention?