Arbitration as an alternative dispute resolution for small business

• Grant number: 12/22828-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2013
• End date: June 30, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Gustavo Saad Diniz
• Grantee: Caio Henrique Carvalho de Siqueira Lima
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The Alternative Dispute Resolution (ADR) methods, each time more used in Brazil, represent means for a better access to justice. They are the Institutes of Conciliation, Mediation and Arbitrations, as well as the eased up on access to the Small Claim Courts. This is also a tendency in the business environment, typically dynamic, where companies look into alternatives for the Judiciary because they cannot be under the aegis of it. The Small Business, however, are not included in this procedure benefits when it comes to arbitration, owing to, many times, the unfamiliarity and the costs of this ADR, which remains high. The objective of this research is to study the access to justice in the small business environment, particularly as the Institute of arbitration contributes for it, and investigate which are the barriers that suppress its use by the MSBs, in order to be possible the search for solutions. (AU)