A morosidade do judiciário e a necessidade do uso de arbitragem pelas empresas mercantis.

Abstract

Arbitration is an alternative way of dispute resolution in which a third party (freely chosen by the litigants), replacing the state entity, said the solution to a dispute. This decision is fully enforceable and, being a procedure endowed with peculiar characteristics, such as celerity specialty of the judges, secrecy and lack of solemn forms. Thus, this monograph seeks to establish the relationship between the slow action of the Judiciary and the advantages stemming from the choice of arbitration to resolve issues of concern to commercial companies. To achieve the research, we will use the deductive as the method of approach, and as the method of procedure, the historical and the comparative. We will also use the bibliographical research for the study and analysis of Brazilian legislation of the Federal Constitution, the doctrine and data on parental Judiciary provided by the National Council of Justice (CNJ). Results indicate that the characteristics of the arbitration procedure allows the reduction of transaction costs in business relationships and therefore maximizing profits, more chances for economic and financial stability of market entities and their continuation in the market, generating jobs , incomes , taxes and social welfare. Thus, compared to the state inefficiency, the concept of arbitration proves to be more advantageous for companies to resolve their disputes.