Culture of arbitration spreads across Brazil


Statistics from CAM-CCBC reveal more than 150% growth in parties from the North and Northeast of the country in procedures, in a movement of increasing adherence to appropriate conflict resolution methods

By Alessandra Taraborelli

The use of appropriate dispute resolution methods (ADRs) has been growing across the country not only in volume but also in the profile of the parties. Statistics from the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce (CAM-CCBC), a pioneer of arbitration in Brazil and a reference in Latin America, have revealed the diversification of sectors and, mainly, the regions of origin of the parties involved in the procedures. Despite the predominance of the Southeast, the North and Northeast regions have stood out, with an increase of over 150% in the number of parties between 2022 and 2023.

According to the “Facts & Numbers” report from the Center, in 2022, parties from the North and Northeast represented 8.61% of the total. In 2023, they were already 22.74%. And, while in 2022, six states from these regions were not represented in the statistics, the number dropped to only two in the following year.

The Southeast continues to lead in the number of parties, particularly São Paulo, but the diversification of the origin of demands is evident. In 2022, the region accounted for 75.6% of the total, with São Paulo representing 57.8% of the country’s parties. In 2023, these percentages changed to 62.5% and 47%, respectively. The South and Center-West regions showed small variations: the South from 12.1% in 2022 to 11.8% in 2023, and the Center-West from 3.5% to 3.3% in the same period.

According to experts, this movement reflects a combination of factors. The economic development of these regions, which has received various investments, is one, combined with the increased awareness of effective and safe alternatives for the quick resolution of conflicts, without the need to resort to the Judiciary.

At the same time, CAM-CCBC’s continuous effort, in partnership with other sector institutions, to disseminate information about ADRs across the country has also influenced the effective perception of an increasing number of companies, which have begun to include arbitration clauses in their contracts. In 2023, CAM-CCBC organized or participated in over 70 events worldwide, several of them in Brazil, including the North and Northeast regions. In 2024, until early December, about 160 events have already been held, including national, international, and remote initiatives.

Among the national initiatives, the highlights are the lecture and course “Advocating in Arbitrations,” in partnership with the Bahia Institute of Arbitration (IArB) in Salvador (BA), the CAM-CCBC Meeting with Public Advocacy, in partnership with the Brazilian Bar Association – Pernambuco Section (OAB/PE) and the Luiz Mario Moutinho Institute in Recife (PE), the brunch “Mediation with Public Administration” in Brasília (DF), and the breakfast “Mediation with Public Administration,” in partnership with the National Bank for Economic and Social Development (BNDES) in Rio de Janeiro (RJ). All these events took place in the second half of the year.

“Investing in regional diversity allows CAM-CCBC to reach regions where arbitration and mediation are still not widely known. This helps increase its visibility and educate local businesses and professionals about the benefits of these dispute resolution methods. It is a project aimed at democratizing and expanding access to appropriate dispute resolution methods, which is one of CAM-CCBC’s missions,” says Rodrigo Garcia da Fonseca, president of CAM-CCBC.

According to Rodrigo Garcia da Fonseca, by establishing a presence in different regions, CAM-CCBC develops local partnerships with business associations and universities, strengthening the entire sector ecosystem. “Changing the culture of judicialization takes time, like any change, but it is important that the movement is made and perceived by companies and institutions,” he adds.

In 2024, until early December, CAM-CCBC has already received more than 122 new arbitrations and 19 new mediations, surpassing the accumulated number for the entire year of 2023, which recorded 117 new arbitrations and 16 mediations.