ABSTRACT: For claims aiming at the annulment or the declaration of nullity of shareholders' resolutions to be lawfully decided by arbitrators, it is not sufficient to meet the arbitrability criteria set forth by statutory law or by courts' case law. It also necessary to organize the arbitral proceedings in such a way that the awards rendered by arbitrators on such claims can be effective vis-à-vis all the shareholders and the company. This requires the fulfillment of certain conditions which, if they are not determined by the applicable law or regulation, must be provided for by the arbitration agreement (in most cases, inserted in the company's articles of association). Only in this manner will arbitration be able to assure, in a way similar to that offered by state courts, the protection of shareholders' rights and the company's interest in keeping its resolutions stable and unmodifiable.
Revista Brasileira de Arbitragem