A escolha da arbitragem como solução de disputas nas operações de M&A

• Autor(a) principal: Silva Júnior, Oswaldo Lício da
• Data de Publicação: 2024
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/42273
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; M&a; Arbitragem; Disputas; M&a; Arbitration; Dispute

Mergers and Acquisitions (M&A) operations consist of corporate negotiations that occur whentwo companies come together to form a new organization (merger), and/or when a companybuys a certain shareholding in another enterprise (acquisition). This business model representsan economic structure widely adopted by companies seeking to expand their businesses, as wellas consolidate their presence in the national market. Transactions are complex in nature and,therefore, can trigger controversies, disputes and litigation arising from contractual differences,issues relating to the assessment of liabilities/assets and other problems inherent to the M&Aprocess. It should be noted that the effective resolution of these disputes is a fundamentalelement for the success and sustainability of these operations.In this scenario, the frequent choice of arbitration emerged as an alternative of significantimportance and strategy regarding resolving conflicts present in M&A operations. This is as aresult considering the fact that arbitration offers a series of advantages when compared toconventional judicial courts, such as procedural speed, confidentiality, flexibility and expertiseof the appointed arbitrators, this last one probably the principal reason to choose arbitration.The choice of arbitration as a dispute resolution mechanism can substantially impact both thedevelopment of M&A negotiations, from the beginning of the negotiation stage, and the finaloutcome of the transactions.The decision to resort to arbitration as a mechanism for resolving disputes in M&A contractsconstitutes an understanding of the complexities inherent to this process, and assumes a centralrole for companies that aim to mitigate risks and maximize the value of their operations byensuring effective resolution. of disputes