Abradin-Petrobrás case: the future of arbitration called into question?

Abstract

The purpose of this article is to evaluate an issue involving arbitrator Anderson Schereiber in an arbitration case between minority shareholders and Petrobrás. To this end, carrying out a detailed study based on the reports from websites and magazines which highlighted the case is mandatory. In addition, a closer notion of the technical intricacies surrounding the statutory arbitration clause and the appointment of an arbitrator arising from it becomes necessary. As a result of the matter implying this topic, the study of the impediments and suspicions inherent in the judges registered with the arbitration chambers and, especially, what can be interpreted as a conflict of interest and its extent in the arbitrator's objection upcomes as a basic premise. Thus, the research problem to be answered through the text is: "Do cases such as the one occurred in the arbitration involving minority shareholders and Petrobras have the power to discredit the institute as a swift and effective measure in dealing with conflicts before the Public Administration?". In order to carry out this research, the deductive method was applied, as well as the bibliographical and documentary research was chosen among the existing technical procedures.