The growth in the use of digital platforms, especially after the pandemic, has boosted the use of mediation and arbitration in conflict resolution, the ADR (Alternative Dispute Resolution), pointed out, this Thursday, 12, the participants of the webinar “Mediation and Arbitration in disputes involving computer programs or Franchises”. The event, promoted by ABPI’s CSD-ABPI (Dispute Resolution Center), with support from WIPO (World Intellectual Property Organization, translated into Portuguese), was attended by Manoel J. Pereira dos Santos and Rodrigo Azevedo, the CSD-ABPI; Ignacio de Castro and Chiara Accornero, from WIPO; Tereza Gorito, from CGG; Carlos Sacco, from ABES (Brazilian Software Association), and Sidnei Amendoeira Júnior, from ABF (Brazilian Franchising Association).
In his presentation, Manoel J. Pereira dos Santos, president of the CSD, addressed the concept of arbitration and mediation and the advantages of this type of extrajudicial alternative in conflict resolution, with emphasis on the areas of software and franchising. He also addressed the most common topics dealt with, as well as the role of the lawyer and the action strategy to be adopted in these types of disputes.
The legal director for Latin America of the French CGG, Tereza Gorito, presented a real case of mediation, keeping confidentiality, of a process in which she participated. The controversy, which had dragged on for two decades, was resolved in six months. In her presentation, she emphasized the importance of seeking a chamber specialized in conflict resolution in order to obtain quick, less costly and efficient results.
Ignacio de Castro, director of WIPO’s IP Disputes and External Relations Division, reported that over the past two years, mediation cases resolved within WIPO have increased from 70% to 75%. He also pointed to an increase in extra-contractual ADR cases, of the order of 57% against 43% of those governed by contract.
Rodrigo Azevedo, in turn, observed that at least a quarter of the mediation cases that reach the Mediation Chamber of the CSD-ABPI, of which he is deputy director, involve the area of franchises. In his presentation, he dealt with franchising legislation, the relationship between franchisor and franchisee and listed the most common conflicts between them. Finally, it addressed the advantages of mediation in resolving these disputes.
Chiara Accornero, legal officer, of the WIPO Mediation and Arbitration Center, showed the procedures of ADR services for the WIPO franchise sector, such as a request for mediation and the most common types of disputes, between licensing, development of software and contractual terminations.
In his presentation, when dealing with arbitration, ABF’s legal advisor, Sidnei Amendoeira Júnior, addressed aspects of the Franchise Law (Law 13,966). And highlighted art. 7, §1: “The Franchise Law was absolutely expressed in the sense that the parties may choose arbitration as a form of conflict resolution”. According to him, everything in line with the provisions of art. 3 of the CPC (Civil Procedure Code), which encourages consensus and the use of ADRs.
