Arbitragem nos contratos empresariais sob a perspectiva da avaliação do dano

Abstract

This article examines arbitration in business contracts, with an emphasis on the assessment of damages as a central element of contractual liability. It is noteworthy that arbitration, provided for by Law n. 9,307/1996, constitutes an effective, swift, and confidential means of resolving financial disputes, especially in complex commercial relationships. The author differentiates the types of damages (financial and non-financial) and emphasizes the importance of predictability, causal connection, and objective good faith in determining liability. It also addresses the limitations and challenges of arbitration, such as the quantification of lost profits, the enforcement of arbitration awards, and the interpretation of liability limitation clauses. Finally, it analyzes trends such as the specialization of arbitrators, the use of hybrid methods (mediation-arbitration), and the integration of law and economics, reaffirming arbitration as an essential instrument of legal certainty and business efficiency. Keywords: Arbitration. Business contracts. Civil liability