Revista Brasileira de Arbitragem

Volume 7 (2010)

Volume 7 (2010) / Issue 27

Guy Horsmans, Vincent Horsmans, 'Arbitration and Crisis' (2010) 7 Revista Brasileira de Arbitragem, Issue 27, pp. 68–91


ABSTRACT: The economic crisis didn't affect Brazil as it did in United States and in Europe. Brazil took an advantage of this period and became a leadership among others developing countries (I). Consequently, people who work with international commerce were obliged to find better ways to protect humanistic goals of law. Thereby, they were led to analyze the legal education, essentially the methods of comparative law, in addition to the role of the jurists, who were forced to put into practice creativity and imagination in theirs researches and actions (II). Jointly the crisis, many innovations had arisen to overcome the situation. There are many examples: in France was established a mediation process to resolve credit disputes, which improves the society and became an indispensable item in the commercial life; in Belgium had commenced a great debate about the solutions presented by public authorities to deal with the situation of the principal bank of the country (III). Talking about this context of economic crisis we choose to approach the arbitration crisis according to the sign of Phillipe Fouchard: the excess of the diversions and litigation related arbitral proceedings withdraw the specificity and the value of arbitration. We adopted the solutions proposed by professors Jens Damman and Henry Hansmann. We worked, by this article, to suggest a creation of a public and international legal authority specialized in economic subject. This authority must get some inspiration by the lessons and explore the possibilities opened by international arbitration (IV). Our great wish is to see our Brazilian friends working in this project, exercising the functions of artisans and exhilarating in a legal laboratory, without the one, the G20 will hardly promote a global economy full of solidarity.

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ISSN: 1806-809X
ID: RBA2010042