Mandatory arbitration of intra-corporate disputes in Brazil: A beacon of light for shareholder litigation?

Joseph Mc Cahery; Patricia Gil-Lemstra

Mandatory arbitration of intra-corporate disputes in Brazil: A beacon of light for shareholder litigation?

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Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review

Abstract

We survey companies and institutional investors to better understand their preferred method of intra-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is based on the parties’ preferred ranking of objectives: quality of the decision; time to resolution; and the possibility of selecting the arbitrator. We also find that litigation and arbitration are almost equally preferred methods for intra-corporate dispute resolution involving values above US $2.5 million.

Original language	English
Title of host publication	International handbook of class actions
Editors	Randall Thomas, Brian Fitzpatrick
Publisher	Cambridge University Press
Publication status	Accepted/In press - 2020

Keywords

Arbitration, Shareholder Litigation, Mandatory Arbitration Provisions, Mediation
K22, K41, K42

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title = "Mandatory arbitration of intra-corporate disputes in Brazil: A beacon of light for shareholder litigation?",

abstract = "We survey companies and institutional investors to better understand their preferred method of intra-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is based on the parties{\textquoteright} preferred ranking of objectives: quality of the decision; time to resolution; and the possibility of selecting the arbitrator. We also find that litigation and arbitration are almost equally preferred methods for intra-corporate dispute resolution involving values above US $2.5 million.",

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editor = "Randall Thomas and Brian Fitzpatrick",

booktitle = "International handbook of class actions",

publisher = "Cambridge University Press",

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Mandatory arbitration of intra-corporate disputes in Brazil : A beacon of light for shareholder litigation? / Mc Cahery, Joseph ; Gil-Lemstra, Patricia.

International handbook of class actions. ed. / Randall Thomas; Brian Fitzpatrick. Cambridge University Press, 2020.

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review

TY - CHAP

T1 - Mandatory arbitration of intra-corporate disputes in Brazil

T2 - A beacon of light for shareholder litigation?

AU - Mc Cahery, Joseph

AU - Gil-Lemstra, Patricia

PY - 2020

Y1 - 2020

N2 - We survey companies and institutional investors to better understand their preferred method of intra-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is based on the parties’ preferred ranking of objectives: quality of the decision; time to resolution; and the possibility of selecting the arbitrator. We also find that litigation and arbitration are almost equally preferred methods for intra-corporate dispute resolution involving values above US $2.5 million.

AB - We survey companies and institutional investors to better understand their preferred method of intra-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is based on the parties’ preferred ranking of objectives: quality of the decision; time to resolution; and the possibility of selecting the arbitrator. We also find that litigation and arbitration are almost equally preferred methods for intra-corporate dispute resolution involving values above US $2.5 million.

KW - Arbitration, Shareholder Litigation, Mandatory Arbitration Provisions, Mediation

KW - K22, K41, K42

M3 - Chapter

BT - International handbook of class actions

A2 - Thomas, Randall

A2 - Fitzpatrick, Brian

PB - Cambridge University Press

ER -