Alexandre Birman, president of Azzas 2154, filed a lawsuit against Roberto Jatahy, co-founder of Soma and member of the board of directors of Azzas. The procedure was formalized last Friday. The action alleges violation of the shareholders’ agreement that governs the relationship between the parties and requests compensation for damages resulting from unlawful conduct.
The dispute arises from internal disagreements over contractual rights and obligations between the two partners. Jatahy has been a member of the company’s board since its incorporation, while Birman is the company’s president. The conflict led to the need for intervention by an arbitration body to resolve the dispute.
Detalhes of the arbitration request
The request filed with CAM specifies contractual violations by Jatahy in relation to the terms agreed between the shareholders. The documents submitted indicate conduct that contradicts the clauses of the articles of incorporation and the current shareholders’ agreement. Birman requests that the arbitration court determine the financial damages resulting from the questioned actions and establish corresponding compensation.
Câmara of Arbitragem of Mercado, linked to B3, is responsible for conflict resolution processes involving corporations and corporate disputes. Ela offers structured and confidential procedures for companies that prefer to avoid the traditional legal route. The arbitration process follows specific rules and statutes specific to the institution.
Fontes close to the case indicates that divergences between Birman and Jatahy have been accumulating for some time. Discussões on management, corporate strategy and profit distribution would have contributed to the worsening of relations. The formal entry into arbitration marks the irreversible breaking point in negotiations between shareholders.
Perfil of those involved
Roberto Jatahy is known for its work in the retail and fashion brand sector. Como co-founder of Soma, consolidated his career in business management and the board of directors. Sua participation in Azzas reinforces its investment portfolio in companies in the luxury and lifestyle segment. Jatahy is active on several boards of large Brazilian companies.
Alexandre Birman, president of Azzas, also has an established track record in the market. The company he runs operates in the premium accessories and fashion segment. Birman is recognized for his executive leadership and responsibility for the company’s strategic decisions. Sua management has marked the expansion of the brand in recent years.
Procedimento arbitration on B3
Câmara of Arbitragem of Mercado functions as a specialized body in corporate disputes. Seus processes are governed by B3’s Regulamento and Arbitragem and applicable Brazilian laws. The arbitration court will be composed of arbitrators selected in accordance with the institution’s rules.
The process schedule involves structured phases:
- Apresentação documentation and initial parts by parties
- Produção of evidence, including technical expertise if necessary
- Audiências instruction and technical debate
- Parecer of the arbitrators and delivery of the award
- Publicação of the arbitration award as res judicata
The arbitration procedure is confidential, unlike public court proceedings. The parties and their lawyers sign a confidentiality agreement regarding discussions and results. Essa feature makes arbitration preferred in corporate disputes involving publicly traded companies or companies with sensitive operations.
Impacto in the corporate structure
The dispute does not paralyze Azzas’s operations. The company continues to operate regularly under the command of Birman as president. Jatahy maintains its seat on the board of directors during the arbitration process, in accordance with the current bylaws. Ambos shareholders preserve their rights until the court’s final ruling.
Litígios between shareholders is common in companies with multiple shareholders. Acordos of shareholders establish clauses for conflict resolution and arbitration procedures. Quando these negotiated attempts fail, the arbitration route offers a formal and binding solution.
The arbitration award, once rendered, is final and non-appealable. Não has ordinary resources for Poder Judiciário. Apenas in specific cases of procedural nullity or fraud it is possible to challenge the decision in court. Essa characteristic reinforces the strategic importance of choosing referees and robust presentation of defense.
Empresas medium and large Brazilian companies increasingly use arbitration to resolve internal conflicts. The arbitrators’ specialization in corporate, financial and business law offers technical judgment superior to that of the ordinary court. Além Furthermore, confidentiality protects corporate reputation and sensitive business strategies.
Próximas steps
CAM will establish an initial timeline for the process within days. The parties will be notified and will have a deadline to appoint arbitrators in accordance with the regulations. The court will typically consist of three arbitrators, depending on the value of the case and the technical complexity indicated.
Tanto Birman and Jatahy have legal teams specialized in corporate law. Lawyers on both sides have already started preparing defense documentation. The process can last for months, involving accounting expertise and analysis of previous contracts between the parties.