Cláusulas arbitrais em números no mercado de capitais brasileiro

Abstract

This empirical study updates and extends research published in 2014 on the use of arbitration clauses by publicly traded companies in Brazil to elucidate the current state and recent developments in the field of arbitration in Brazilian capital markets. In 2021, 234 publicly traded companies had arbitration clauses in their corporate charter, amounting to 61% of companies listed on B3. Even in the Traditional and Level 1 segments, where arbitration is not mandatory, 27% of the companies had arbitration clauses in their corporate charter, compared to only 15% in 2013. In addition, among the 41% listed companies with shareholder agreements, 77% opt for arbitration, compared to 70% in 2013. Although a significant proportion of companies have not yet adopted arbitration clauses, we observe a small increase in the adoption of arbitration by publicly traded companies between 2013 and 2021.  In the last quarter of 2021, 18% of the companies comprising the Ibovespa index had no arbitration clause in their corporate charter. When arbitration not mandatory, the Câmara de Arbitragem do Mercado was selected by 76% of companies listed on Traditional and Level 1 segments, as well as by 61% of the total number of companies that have an arbitration clause in their shareholder agreements.