Frequented Asked Questions

Câmara do Mercado (“Chamber” or “Market Chamber”) offers a specialized forum for the solution of issues related to business or corporate law, mainly related to the capital markets and the aforementioned fields. The Chamber acts in the administration of arbitration proceedings originating from conflicts arising in the scope of companies committed to the adoption of differentiated practices of corporate governance and transparency, whose stocks are listed at B3, as well as in other disputes between individuals and legal entities, as long as they relate to business law.

The Chamber offers an independent, confidential and efficient environment for the settlement of disputes, based on the Brazilian Arbitration Act (Law n. 9.307/96) and according to its Arbitration Rules.

Yes. Conflict resolution though arbitration allows the shareholder to submit the conflict to arbitrators that are specialized in the subject matter, that can help to settle the conflict in a technical and satisfactory way, which is not always possible to have in the Judiciary. Besides, the arbitral proceedings are generally faster than its a judicial counterpart. The statistics shows that the average duration time of the arbitral proceedings is about two years.

The adherence is mandatory to the companies that are part of Novo Mercado or Nível 2 of the Differentiated Corporate Governance Practices, Bovespa Mais and Bovespa Mais Nível 2. Furthermore, managers, controlling shareholders and members of the fiscal council that adhered to Novo Mercado or Nível 2 of the Differentiated Corporate Governance Practices, Bovespa Mais and Bovespa Mais Nível 2 must also adhere to the Arbitration Rules. It is noteworthy that with the insertion of the arbitration agreement in the company’s bylaws, all the shareholders are bond to settle their disputes though arbitration.

If the company is listed at Novo Mercado, Nível 2, Bovespa Mais or Bovespa Mais Nível 2, the shareholder that buys this company’s shares, automatically, are going to adhere to the Câmara do Mercado’s Arbitration Rules.

No. The arbitral award is definitive, and appeals are not valid against it, according to the Brazilian Arbitration Act, article 18.

Besides listed companies, its’ managers, shareholders and members of the fiscal council, all other individuals or legal entities can agree to settles their disputes through arbitration utilizing Câmara do Mercado’s Arbitration Rules, as long as it is related to corporate law.

Yes, companies that are not listed at the mandatory adhesion segments, can elect the Chamber as long as their conflict is related to the corporate law.

Currently, among the members of the List of Arbitrators there are economists, accountants and company’s managers, with unblemished reputation and notorious knowledge of the capital market and related subjects.

Clique here to access the List of Arbitrators.

No, it is not necessary. However, in order to have proper technical representation, it is recommended for the parties to be represented by their attorneys.

According to the item 2.2 of the Chamber’s Bylaws, the professionals that are part of the List of Arbitrators are chosen by the B3’s Board of Directors.

Clique here to access the Table of Expenses.

Yes. During the arbitral proceeding it is possible for the parties to reach a settlement and, if they so choose, to submit that settlement to the arbitral tribunal so that they may issue an award by consent.