During the IV CBMA International Arbitration Congress, held by the Brazilian Center for Mediation and Arbitration in Rio de Janeiro, in August, lawyers from companies such as Vale and Petrobras, acknowledged that despite an increase in the processing time, which is undesirable for the market, higher costs, and some unsubstantiated decisions, public companies still prefer to discuss a dispute within an arbitral chamber rather than the courts.
According to the lawyers, there has been an increase in the last years in the processing of arbitrations in the main chambers, reaching up to three years. For experts, litigation is extending more than it should, and this is crucial, as it delays the meaningful definition of legal uncertainty. Experts also argued that it is better to lose a case in this period than to win in 20 years in the judiciary.
According to Raphael Zaroni, a partner at Zaroni Advogados, “the judiciary has repeatedly been unable to reach an appropriate and speedy decision to certain conflicts of great complexity and size. And this attitude has contributed to the growth of arbitration in the country, which has assumed a prominent role in the resolution of conflicts due to the several benefits that it notably provides. Therefore, even with the increase in the processing time of certain arbitration proceedings, these should still be considered as a relevant alternative to the judiciary”, he says.