A Glimpse of Arbitration of Corporate Matters in Brazil

It is worth emphasizing that arbitration and the development of capital markets in Brazil have a very intimate relationship. However, the uncertainty described here is still of importance to the development of arbitration in the corporate area as the understanding eventually adopted by the courts could severely jeopardize the effectiveness of arbitration clauses. For that reason, the forthcoming years must be the object of great attention by practitioners of arbitration in Brazilian corporate matters in order to ensure its efficiency as the preferred method for resolution of corporate disputes, since the involvement of professionals with more specialized expertise will provide a more fit-for-purpose solution. In that scenario, the courts will face the critical task of having to act fast, clearly and firmly so as to establish the right foundation to strengthen the argument for arbitration being a satisfactory instrument for corporate dispute resolution