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

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-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 languageEnglish
Title of host publicationInternational handbook of class actions
EditorsRandall Thomas, Brian Fitzpatrick
PublisherCambridge University Press
Publication statusAccepted/In press - 2020

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Keywords

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

Cite this

Mc Cahery, J., & Gil-Lemstra, P. (Accepted/In press). Mandatory arbitration of intra-corporate disputes in Brazil: A beacon of light for shareholder litigation? In R. Thomas, & B. Fitzpatrick (Eds.), International handbook of class actions Cambridge University Press.