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