Arbitragem de ofertas finais no Brasil

Abstract

ABSTRACT: Final offer Arbitration is an arbitration model slightly different from conventional arbitration. As it was firstly used to resolve conflicts in the American Baseball League, it became known as Baseball Arbitration. Despite its widespread use in other countries, in Brazil it is quite discrete as there are neither arbitration rules, nor case law regarding this model. This text aims, at first, to describe that the model has its interest: the economic incentives to reduce litigation and promote mutual agreement between the parties. And how do these incentives work? The arbitrator is limited to choose between two offers so parties tend to offer the solution closest to the reality. Therefore, the second question that arises in the text is the model’s compliance with the Brazilian legal system. As the text explains, this interesting model might be compatible, but few adjustments are necessary.