A arbitragem como meio de redução dos custos de transação nos contratos empresariais da região metropolitana do Cariri (RMC)

Abstract

Arbitration in business contracts has a series of economic incentives, such as celerity, specialty, secrecy, economy and flexibility of the procedure, which can reduce transaction costs and improve the business environment. This dissertation has the general objective of diagnosing whether or not there is the adoption of the arbitration institute by companies in the Metropolitan Region of Cariri (MRC) and verifying the conditions that would justify their inclusion in the signed contracts. To this end, the literature review was carried out initially. Then, a field research was implemented with the application of a questionnaire to the legal representatives of 16 (sixteen) small, medium size and large companies in the region. The research is exploratory and descriptive with a qualitative methodological approach and basic nature. In this context, the dissertation proposes itself through the specific objectives to analyze Arbitration in Brazilian Law, the Transaction Costs Theory in the scenario of Economic Analysis of Law (EAL) and the economy of arbitration in contracts; investigate the reasons for the insertion or not of the arbitration clause in the signed contracts in the MRC; to verify if there is a solid knowledge of the companies on the advantages of arbitration as reducing transaction costs based on EAL; examine whether the use of arbitration is a viable alternative for reducing transaction costs in business contracts in MRC; and to encourage the use of the arbitration institute in contracts arising from corporate legal transactions, through the elaboration of a specific information booklet. As a result, it was concluded that companies don’t use arbitration and most of them don’t have a thorough knowledge of its advantages, but as long as there is a dissemination of the institute, it can become a viable alternative to reduce transaction costs in business contracts in MRC.