INTERNATIONAL ARBITRATION: CONTRASTS IN APPROACHES OF COMMON LAW AND CIVIL LAW COUNTRIES

Objective: This article analyzes the contrasts in approaches to international arbitration between common law and civil law countries, based on a review of the academic literature. The differences between these legal systems affect the interpretation and application of arbitration rules, especially with regard to the enforcement of foreign awards and the interaction between domestic and arbitral tribunals. Among the points analyzed, the following stand out: the gap in the provisions of the UNCITRAL Model Law, the influence of precedents in common law, the particularities of the jura novit curia principle in specific jurisdictions, and the flexibility of arbitral tribunals compared to domestic ones. Method: Authors such as Bhatia and Candlin (2004), Strong (2009, 2012), Viegas de Freitas Monteiro (2013), and Haikola (2013) offer diverse perspectives on how cultural and legal differences shape arbitration practices. Results: The need for harmonization is a central theme, highlighting the importance of mutual understanding and efficient cooperation between legal systems to strengthen international arbitration as a dispute resolution mechanism.