Part 2 Specific Issues of Arbitration in Brazil, 13 Agreements between Shareholders and General Corporate Matters

Subject(s):

Arbitral agreements

This chapter focuses on the use of arbitration to settle corporate disputes in Brazil. This dispute resolution method is faster, informal, and more technical than court decisions. In addition, dispute resolution through arbitration has four important advantages when compared to court decisions: the proceedings adjust to the matter under discussion; it is less litigious, which means that parties if the dispute (e.g., shareholder or partners of the same entity) may continue to maintain their business relationship while they are waiting for the arbitration award; and the arbitrators appointed to resolve the dispute are usually specialized in corporate matters. Unlike other countries, these advantages have been leading even Brazilian public corporations to solve their corporate conflicts through arbitration. According to recent research, corporate matters lead the number of arbitration proceedings in some of the Brazilian Arbitration Chambers. The chapter then examines objective arbitration eligibility and subjective arbitration eligibility in corporate arbitration in Brazil.