The article “The Role of Arbitration in the National Economy: History and Prognosis”, authored by Caio de Pádua from Sion Advogados, was published in the last edition of the Commercial Arbitration and Mediation Magazine, publsihed by GEArb with CAMARB’s support.
The article can be seen here in PDF. (Portuguese only)
ABSTRACT: The unique moment experienced by Brazil makes it one of the most promising stages for carrying out investments in different sectors, either by national private capital or attraction of direct foreign investments. However, although it is an attractive destination due to the possibilities, the investors are often fearful to embrace the opportunities due to several difficulties in the attempt to overcome the risks. Therefore, this essay intends to demonstrate under Law & Economics that the jurisdictional activities play a relevant role in distribution of risks and ensuring efficiency of the transactions, since the quick resolution of possible disputes is mandatory to mitigate operational barriers and, as a result, in promoting economic attractiveness. Thus, this article analyses the crisis of the Brazilian Judiciary through statistical data and critical analysis that demonstrate deficit and, on the other hand, the rising of arbitration, which plays a relevant role in the economic scenario insofar as provides a safe and welcoming environment to those willing to invest, acting as a trigger for receipt of capital that sustains the national economic development.