On Thursday, March 12th, 2020, DRRT along with Brazilian co-counsel, Finkelstein Advogados, requested mandatory arbitration under the auspices of the Market Arbitration Chamber (“MAC”) of the B3, against JBS S.A. and other defendants (“JBS”) on behalf of ninety-five institutional shareholders seeking over BRL 1.4 billion ($280 mio) in compensation for damages caused by JBS’s illegal activities over the past decade. Pursuant to Article 49 of JBS’ bylaws the “Company [and] its shareholders…undertake to resolve through arbitration any dispute or controversy which may arise between them…before the Market Arbitration Chamber, under the terms of its Arbitrations Regulations”, leaving confidential arbitration as the only way to recover damages.
Redress - Generally
In modern legal proceedings, different countries and jurisdictions have all had to confront a need to administer a large volume of cases that can arise out of a common set of facts. Often these cases involve relatively few defendants with many thousands of plaintiffs. In the context of investor recovery proceedings, a common circumstance is that a business entity and its directors are accused of wrongdoing (the defendants). Often the defendants’ conduct is alleged to have caused recoverable harm against many injured investors (the plaintiffs). The many investor-plaintiffs largely all share the same injury caused by the related conduct of the same relatively few defendants. In resolving this and similar situations, countries have developed a number of approaches.