A eficiência da convenção de cláusulas arbitrais escalonadas na solução de conflitos empresariais: um estudo no âmbito das câmaras de mediação e arbitragem brasileiras

Abstract

The dispute resolution clause allows contractual arrangements to be made for the different alternative methods of dispute resolution (ADR) in order to solve the most diverse types of business disputes in the national and international scope. The purpose of this study is to identify whether the dispute resolution clauses in contractual instruments are effective for resolving corporate disputes in Brazil. To do so, we resorted to the bibliographic review and it was identified that the theme allows an exploratory study, in order to investigate the perception of efficiency of the institute within the Brazilian mediation and arbitration chambers. Thus, questionnaires were administered to presidents, directors and managers of 18 mediation and arbitration chambers, including 8 of the most relevant chambers in Brazil, which enabled data collection and content analysis. The research contributes with several elements of analysis of the efficiency of dispute resolution clauses, however, for the present work, some criteria were defined, such as frequency and volume, advantages, disadvantages, reasons of use or not by companies, practical applications by type of conflict and, ultimately, efficiency in general. The results of the research offer conclusive evidence that the agreement of dispute resolution clause in contractual instruments is a fast growing and agile and often efficient tool for solving various types of business conflicts in Brazil.