In 2023, among the 448 procedures, 62 arbitrations were registered that required expert assessment, 29 of which were accounting
By Silvia Pimentel
Forensic accounting plays a fundamental role in arbitration, especially in disputes involving more complex financial issues. By providing a detailed, clear and accurate analysis of the accounting information of the parties in dispute, the tool helps to speed up the resolution of the conflict, increase the credibility of the arbitration procedure and make more technical and accurate decisions.
In 2023, among the 448 procedures underway at the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce (CAM-CCBC), a pioneer in the administration of appropriate methods of conflict resolution, 62 arbitrations were registered that required expert assessment, 29 of which were accounting. The reports can be prepared by professionals appointed by the Arbitration Tribunal or at the request of the parties.
The data were presented by the vice-president of CAM-CCBC Silvia Pachikoski, during a lecture held in São Paulo, in partnership with FipeCafi (Accounting, Actuarial and Financial Research Institute Foundation). The event is part of the institution’s strategy to disseminate the importance, development and maturity of alternative dispute resolution methods to diverse audiences in the arbitration community.
“Accounting is the apple of the eye of major disputes and the growth of the arbitration and mediation markets opens up opportunities and should boost the demand for good professionals”, assessed Pachikoski.
Disputes involving topics such as corporate participation and conflicts in the energy sector – which is expanding in Brazil and whose contracts are complex and, therefore, more vulnerable to disagreements between the parties – are among those that most demand expert reports from the institution. On average, these disputes are resolved at CAM-CCBC through arbitration in 20 months.
Fernando Dal Ri Murcia, director and professor at FipeCafi, who also participated in the lecture, emphasized that one of the main advantages of taking certain disputes to arbitration chambers instead of the Judiciary is the more technical decisions and, consequently, legal certainty for businesses, in addition to the speed in resolving disputes.
“Accounting expert reports assist arbitrators in resolving disputes and affect the quality of the judgment. I see room for growth in the work of accounting experts, especially in matters involving Corporate Law, in disputes involving the withdrawal of a partner, which require precision and quality in measuring values regarding their participation in the company,” he predicted.
