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.
|Title of host publication||International handbook of class actions|
|Editors||Randall Thomas, Brian Fitzpatrick|
|Publisher||Cambridge University Press|
|Publication status||Accepted/In press - 2020|
- Arbitration, Shareholder Litigation, Mandatory Arbitration Provisions, Mediation
- K22, K41, K42
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.