A arbitragem no ecossistema inovador brasileiro: uma análise sobre o instituto e sua utilização por STARTUPS

Abstract

Arbitration has been a method of dispute resolution used for years in Brazil, especially by large corporations. For some time now, however, the development of an innovative ecosystem in the country, stimulated by movements that emerged in Silicon Valley – USA, encouraged the creation of innovative companies with their own characteristics, which became known in the market as startups. In this sense, the present study aimed to, based on a theoretical and statistical analysis, evaluate whether arbitration would be a method of dispute resolution capable of being used by such companies in the current Brazilian innovative ecosystem, as well as whether there would be benefits in this process, and under what conditions. Thus, the present study initially sought to understand what arbitration is and what startups are, and, in the end, the compatibility of both institutes was verified, as well as several qualities of arbitration that can be very useful for startups. However, it was also recognized that there are some challenges in the process, such as the cost of using this dispute resolution method, which often exceeds the common judiciary, and the low number of qualified professionals to use this method on the market, issues that make the use of in this way more complex. Thus, arbitration proves to be an ally with great potential to assist in resolving disputes for these innovative companies, especially due to its qualities, but it must be strategically analyzed in each case. Finally, it was also noticed that there is an opportunity in the market to develop solutions and initiatives that make arbitration more accessible for startups, taking into account the possible advantages in resolving conflicts using this mechanism.