Intervenção judicial na arbitragem: limites e extensões no ordenamento jurídico moçambicano

Abstract

This legal dissertation for completion course focuses on the topic "Judicial intervention in arbitration: limits and extension of judicial intervention in mozambican legal system." It seeks to understand the balance between arbitration and the courts in relation to the autonomy of arbitration and the support provided by the judiciary. It highlights that arbitration, although based on autonomy of will, requires coordination with state jurisdiction to ensure its effectiveness. This research addresses topics such as the constitutional admissibility of arbitral tribunals, the principle of arbitration autonomy, theories on the contractual and jurisdictional nature of arbitration, recognizing its hybrid position. It also analyses the coordination of the judiciary in terms of its scope of intervention before, during and after the arbitration procedure and, finally, it conducts a comparative study of Mozambique with other legal systems, such as Portugal, France and England. The research concludes that the Mozambican legal system adopts a model of balance, with minimal state intervention in the arbitration process. However, it suggests greater training for magistrates, strengthening the powers of arbitrators, and updating legislation to better align with international best practices.