A análise econômico-jurídica da arbitragem expedita

Abstract

Expedited arbitration is an appropriate and private method of conflict resolution, with international origin. This method is progressively adopted in Brazil by virtue of legislative and regulatory permission, to resolve disputes of low complexity and low values involved. This study aims to analyze expedited arbitration from the perspective of the Law & Economics, as a tool to verify transaction and opportunity costs in choosing the procedure to adopt. In the research was adopted the method of theoretical and deductive approach, using the method of documentary research procedure. For this purpose, bibliographic research, data collection and legislative and regulatory analysis were used. The research contributes to the identification of the procedure as a way of giving companies access to arbitration through an important cost-benefit relationship, depending on the quantity and quality of the information that the parties are willing to present to each other and to the arbitrator in a short time. As a result, it can be concluded that the economic-legal analysis of expedited arbitration can demonstrate that the expedited procedure presents itself as a transaction and opportunity cost reducer, bringing advantages to parties who need a speedy specialized judgment in cases of low complexity. Expedited arbitration; transaction costs; opportunity costs.