ANÁLISE CRÍTICA DAS CLÁUSULAS DISPUTE BOARD: EFICIÊNCIA E CASOS PRÁTICOS CRITICAL ANALYSIS OF THE DISPUTE BOARD CLAUSES: EFFICIENCY AND CASES ANÁLISIS CRÍTICO DE LAS CLÁUSULAS DISPUTE BOARD: EFICIENCIA Y CASOS PRÁCTICOS

In recent research study led by the Escola de Direito do Rio de Janeiro [Rio de Janeiro School of Law] of the Getulio Vargas Foundation, alarming numbers of existing lawsuits had been divulged, especially in the Supreme Federal Court, that reinforce the native culture of litigation, and corroborate in the recognition of the legal system as a deficient and overworked structure. This Brazilian procedural reality, however, is not in accordance with principles of enterprise efficiency that demand effective mechanisms and immediate answers to the situations of stalemate that, sooner later, emerge in the business environment. In the current economic scenario of Brazil, which has a forecast of approximately R$2 trillion in public investments by 2016, notably in the area of infrastructure, legal professionals must be alert and prepared for the possibility of the use of Dispute Boards, whose mechanism favors multidiscipline actions and cooperation between the economic agents, but also presents some risks that deserve special attention. Based on this context, this article focuses on the practical study of the Dispute Boards in infrastructure contracts, seeking to gain a deeper insight into the way they operate.