4
Experience
− Representing Brazilian mining and trading companies against a group of banks in USD 230+ million CCBC arbitration seated in São Paulo. One of the largest banking and finance arbitrations in Brazilian history. Successfully defeated over 95% of the claims brought by the banks. − Advising South American companies in settlement discussions in China, USA, England, Angola, the Netherlands, and Trinidad Tobago − Advised clients on international arbitration dispute arising from a mining project in Latin America − Acting in a USD 60 million claim between a Colombian entity and a Peruvian entity in relation with an oil sale under BOSFA arbitration − Acting on an ongoing engineering claim involving defective water chambers in a water utility system in Uruguay − Acting on a claim concerning storm damage to long distance electricity supply cables between Uruguay and Argentina
− Representing international reinsures in parallel litigation proceedings in Brazil and England, with three subsequent LCIA arbitrations in London, governed by Brazilian substantive law. The USD 1+ billion dispute related to the construction of a hydroelectric power plant in the Amazon. This case became the precedent in England in relation to the law applicable to the arbitration agreement. − Representing a South American mining company in four consolidated LCIA arbitrations seated in London. The disputes related to mining operations in Zambia. Parallel court proceedings in Brazil, Zambia, and England – the latter resulting in the legal precedent in relation to the jurisdiction of national courts to grant injunctions prior to the constitution of an arbitral tribunal. Successfully defended set aside proceedings in the English High Court, and obtained a world-wide freezing injunction in the English courts against the opposing party. Represented the client (together with local counsel) in proceedings to enforce the awards in Zambia, creating the precedent in that jurisdiction in relation to the interpretation of international public policy under the New York Convention.
− Advising a Brazilian contractor on the validity and enforceability of an arbitration agreement against an Angolan state-owned entity, in a USD 90 million claim. Also advising on third party funding prior to commencing ICC arbitration. − Representing a US manufacturer in a 90 days’ ICC arbitration seated in New York and governed by Brazilian substantive law. Disputes related to the stoppage in the production of one of the largest aluminium refineries in the world. Successfully bound a non-signatory to the arbitration, and prevailed both on jurisdiction and on the merits. Further, represented the client in enforcement proceedings in Brazil under the New York Convention. This case resulted in the Superior Court of Justice’s precedent on binding non-signatories to an arbitration agreement. − Representing one of the largest South American construction companies in a USD 180 million LCIA arbitration seated in London, against a Central American state-owned entity. The disputes related to a FIDIC contract for the construction of a highway system. Successfully bound the non-signatory State to the arbitration, and defeated parallel litigation proceedings in the home courts of that State.
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