Arbitramento, arbitragem e dispute boards: o papel do terceiro na determinação do preço em opção de venda de ações

Abstract

In a recent decision, the Superior Court of Justice qualified as an arbitration agreement a provision determining that a third party should evaluate, in a “final” and “definitive” fashion, the price to be paid in exchange for shares which were the object of a put option agreement. The decision is a starting point to discuss the role of third parties in the determination of the content of an agreement, as well as to question the limits of the arbitration agreement itself. This article also deals with the distinction between arbitration and “arbitramento” (the determination of the content of an agreement by a third party), key concepts in the critical appraisal of the decision.