Da arbitragem como ferramenta de gestão nas empresas do Rio Grande do Sul

Abstract

The arbitration agreement consist of a choice of private justice to settle disputes between parties, that can be agreed both in the bylaws of the company, for the purpose of solving corporate disputes and conflicts of agents, as in strategic contracts, at national or international level. This study aims to identify the advantages of using the institute for enterprise management. Upon review of the literature, theories of agency and transaction costs, it was identified that the subject allows exploratory study in order to investigate whether the legal managers realize the advantages of arbitration under strategic aspect, as a management tool in their companies. Thus, 10 interviews were conducted with managers and legal officers of 10 large companies of the State of Rio Grande do Sul, which allowed the analysis of content and identification of the main advantages observed by interviewees. The research contributes to many elements of analysis, however, for the present study, we defined some criteria, such as the advantages of arbitration as a institutional framework and incentive system, considering the characteristics of speed, speciality, confidentiality, economy and impartiality. The results of the survey provide conclusive elements that the arbitration clause departs opportunism and creates a safer and transparent environment for business, allowing, in terms of management, a faster decision making by managers regarding investments and better business strategy.