Sustainability and commercial arbitration challenges and perspectives

Abstract

This article aims to analyze and demonstrate that arbitration, a method of resolving international disputes, presents itself as a way for arbitrators to use criteria capable of ascertaining the prevalence of sustainability in decisions made, both in the social sphere, as well as in economic and environmental terms. Through the descriptive methodology, based on doctrine, jurisprudence and international hard law and soft law instruments, we will seek to certify the importance of the Sustainable Development Goals
(SDGs), documented in the 2030 Agenda for Sustainable Development, approved at the General Assembly of the United Nations (UN), as a global commitment essential to implement in the midst of the climate and environmental crisis that plagues contemporary society. Therefore, there is an urgent need to introduce sustainable production and consumption aspects, which have binding legal support, based on International Treaties, Conventions and Conferences, so that it is possible to shape a vicious circle in bilateral, regional and interregional trade relations towards growth and global financial development, preserving the procedural aspects, determined by the parties, in the arbitration mechanism.