ALTERNATIVE DISPUTE RESOLUTIONS IN THE SECURITIES MARKET OECD Russia Corporate Governance Roundtable...

ALTERNATIVE DISPUTE ALTERNATIVE DISPUTE RESOLUTIONS RESOLUTIONS

IN THE SECURITIES MARKETIN THE SECURITIES MARKET

OECD Russia Corporate Governance RoundtableMoscow, 25–26 November 2012

Co-sponsored by

Informational partner

Disclaimer: The views expressed in this presentation are those of the author and do not necessarily represent the opinion of the OECD Russia Corporate Governance Roundtable, the OECD or its Member countries, or of the Moscow Exchange.


Co-sponsored by


Brazilian Equity Market Development

3

market ARBITRATION Chamber

4


Adhesion to the Market Arbitration Chamber

5


Optional

Adhesion to CAM byLISTING SEGMENTS

Adhesion to CAM

6

Arbitration in Brazil

LearningPeriod

2007

Development of Arbitration

Institution ofMarket Arbitration Chamber

Seminars, events, meetings New Rules

1824

Brazilian FirstConstitution

1996

ArbitrationAct

2001

Decision STFConstitutionality

2002

New YorkConvention

2011 20122010

Consolidation


New Rules

7

New Arbitration Rules entered into force on October 26, 2011.

Main innovations in the field of corporate arbitration:

1. Modernity, simplicity and flexibility to the Rules;

2. Granting of urgent interim or conservatory measures by an emergency arbitrator before the constitution of the Arbitral Tribunal;

3. Joinder of parties; and

4. Consolidation of proceedings.


8

market ARBITRATION Chamber FINAL REMARKS

• Arbitration is not an alternative dispute resolution method. It is an adequate dispute resolution method especially in securities market;

• Arbitration being broadly spread and accepted in Brazil is thanks:

(i) legal security;(ii) proper legal environment; e(iii) the strong support from the Courts to institute of arbitration.

• We are sure to be offering a modern, efficient instrument of corporate governance to the companies that can surely add value to their shares and security to the shareholders;

• BM&FBOVESPA is very enthusiastic about arbitration in the Market Arbitration Chamber.

The limited number of proceedings can only be interpreted in light of the development of arbitration in Brazil;

• Arbitration has an economical value in the generation of investments.

ANDRESSA BONDIOLIANDRESSA BONDIOLI

MARKET ARBITRATION MARKET ARBITRATION CHAMBERCHAMBER

WWW.CAMARADOMERCADO.COM.BRWWW.CAMARADOMERCADO.COM.BRSECRETARIACAM@[email protected]


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