Research reveals radiography of the arbitration scenario in Brazil

According to the recent publication of the 2020 edition of the research “Arbitration in Numbers and Values”,

The 2020 edition of the “Arbitration in Numbers and Values” survey was recently released, providing the legal community with a diagnosis of the arbitration scenario in the country, supported by data from the years 2018 and 2019 of the main chambers, with offices in major Brazilian capitals. Among its results, the stability in the number of procedures, the 7% increase in the participation of the direct Public Administration and the predominance of conflicts involving large contracts stand out among its results.

The investigation is carried out by Selma Ferreira Lemes, graduated in law, master in international law and doctor in integration of Latin America by the University of São Paulo. The researcher was also a member of the reporting committee of Law No. 9,307 / 1996, as well as being responsible for designing and structuring several arbitration chambers in Brazil.

The research was carried out in eight arbitration chambers, located in the cities of São Paulo, Rio de Janeiro, Belo Horizonte, Brasília and Recife, with data from the period from January 2018 to December 2019. The purpose of the study, started in 2005, is to diagnose the scenario of arbitration in large Brazilian centers.

In 2018 and 2019, most of the 581 arbitrations initiated took place at the Arbitration Center of the Brazil-Canada Chamber of Commerce; Mediation, Conciliation and Arbitration Chamber of São Paulo; and in the International Court of Arbitration of the International Chamber of Commerce, all with offices in the capital of São Paulo. In addition, 967 arbitration proceedings were in progress in 2019 and in 2018 this amount corresponded to 902 cases. Another characteristic concerns the multipart character, that is, arbitrations were registered in which there were several plaintiffs and defendants.

Finally, please note that these arbitrations lasted, on average, 18 months, mainly involving conflicts related to corporate issues (conflicts between partners, various investment contracts, etc.), business contracts, sports law and civil construction sectors. and energy, in which the sum added up in 2018 to R $ 81.44 billion, and in 2019 to R $ 60.91 billion.

Wilson Sales Belchior