Arbitral sentence and its legal nature
DOI:
https://doi.org/10.5433/2178-8189.2005v9n0p205Keywords:
Arbitration, sentenceAbstract
The arbitration is instrument of solution of conflicts of interests that involve available patrimonial rights, having for bedding the will of parts and the State authorization, here it is that instituted for the Law nº 9,307 of 23 of September of 1996. The study it deals with its more excellent act, carrying through a more refined analysisof the aspects of special award in its legal nature. Objective to demystify the legal nature of the award when analyzing the theory of the judicial sentence and apply it in the institute of the arbitration, everything objectifying to establish the contours of the legal nature of the award, in order to locate it in the legal system and to facilitate its understanding. It concludes demonstrating the intensity of identification between the award and judicial, on the basis of the study made on its identification and differentiated, extracted elements of the analysed thematic sources.