05/7/2024
Arbitration is a topic that sparks interest, either due to the confidentiality surrounding most of the proceedings or perhaps because it is new ground for many. To improve public access to information and promote transparency, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”) releases an annual “Facts and Figures” report, sharing the institution’s data.
The latest statistics shows that arbitration is continuing to grow in Brazil. In 2023, the number of proceedings initiated before the CAM-CCBC was higher than in 2022. Out of the 138 new proceedings, 117 were arbitrations, 3 were emergency arbitrator proceedings, 2 were dispute boards, and 16 were mediations.
The total amount in dispute reached unprecedented levels. In 2023, the number arrived at R$13.3 billion, an increase of 150% compared to 2022. Corporate Law matters accounted for approximately 40.17% of the issues discussed in arbitration proceedings. Other significant topics included: (i) sale of goods and supply of services (20.51%); (ii) construction and energy sector (17.95%); (iii) commercial contracts (11.97%); (iv) concession contracts (2.56%); and (v) intellectual property agreements (0.85%).
The data disclosed in the report reflects the outstanding work of CAM-CCBC and its dedication to important market issues, such as gender diversity. As a result of the CAM-CCBC ‘s commitment to this cause, in 2023, 68.25% of tribunals were mixed – comprised of both men and women –; 63.49% of tribunal presidents were women; and whenever a sole arbitrator was nominated, it was a woman.
The institution has implemented a new collegiate governance structure with a tripartite presidency to ensure an equitable distribution of responsibilities and to diversify the decision-making process. As a result, CAM-CCBC was represented in more than 15 cities worldwide and actively participated in strategic events focused on alternative dispute resolution methods.
The evolution and strengthening of CAM-CCBC reinforces its role in stimulating arbitration in Brazil. This helps to solidify a more efficient and transparent environment for dispute resolution.
Silvia Rodrigues Pachikoski, a partner in L.O. Baptista’s dispute resolution area and a member of CAM-CCBC’s tripartite presidency, is contributing to the development of arbitration in Brazil. Along with her team at the office, she is implementing the best practices to ensure that her clients achieve an efficient and effective outcome in their legal conflicts.
Co-authored by: Silvia Rodrigues Pachikoski, Mariana Dias Sallowicz, Gabriel Rogenfisch Quintans, José Victor Palazzi Zakia and Julia Guimarães Rosseto
