The course will cover various aspects of arbitration within corporations, including claims between shareholders, of shareholders against companies and also involving corporate officers.
Domestic laws treat the arbitration of corporate disputes very differently, from virtually prohibited in the USA to largely permitted, and in certain instances almost obligatory, in Brazil, passing through mixed systems, with some some restrictions, in various European jurisdictions, such as France, Germany, Italy or Switzerland, for example. In addition to the various domestic legal regimes applicable to corporations and arbitration, certain institutional rules enacted especifically to govern arbitrations of corporate disputes will also be studied, such as those of CAM-CCBC (Brazil), DIS (Germany) and the Swiss Rules.
Drawing from concrete examples coming from different jurisdictions, the course will present some of the major challenges faced in corporate arbitration, including issues of consent, joinder of third parties, consolidation and portential conflicting decisions, class or collective arbitration and res judicata, among others.
Rodrigo GARCIA DA FONSECA,Paula EIBEN-DZIALOSZYNSKA