Dispute Resolution: Arbitration: Brazil

L.O. Baptista Advogados plays a prominent role in international and national arbitrations and is one of the few firms in the country to feature a team of 12 lawyers entirely dedicated to this area. The team regularly represents clients before the ICC arbitral tribunals, particularly in disputes relating to large-scale infrastructure projects. It was recently appointed to represent Brazil's national development bank, the BNDES, in a major dispute with the Ecuadorian state in relation to the San Francisco hydroelectric plant. Clients highlight the lawyers' high level of expertise, impressive academic background and all-round excellent service, saying: "This is a first-class team!" Clients also value the fact that the team "frequently exchanges opinions and experience with our in-house legal team." Luiz Olavo Baptista is nowadays best known as a world-class international arbitrator. However, the team still continues to benefit from his exceptional advocacy skills and extensive experience in arbitration. Following in Baptista's footsteps, Adriana Braghetta is also becoming more and more active as an arbitrator and still has a strong practice advocating in domestic and international arbitrations. Sources describe her as "a remarkably intelligent and creative problem solver." In November 2011, L.O. Baptista joined forces with Schmidt, Valois, Miranda, Ferreira e Agel, further increasing the firm's strength and versatility.

This firm is at the forefront of the market and has an extensive track record in international and national arbitrations. The team comprises ten lawyers and represents leading corporations from a broad range of industries, including energy, pharmaceuticals, construction and meat produce and exports. Sources value the lawyers' "preparedness, precision, perfect understanding of arbitration proceedings, and the respectful way in which they deal with all the parties involved in a dispute without ever compromising clients' interests." Gilberto Giusti has an increasingly important practice as an arbitrator but is still best known as "a brilliant and personable attorney, who has impressive technical skills." Peers hasten to add that it is a pleasure to work with him. Ana Carolina Beneti and Renato Stephan Grion are making a name for themselves in the market. Both lawyers are highly qualified and clients praise their "focus, expertise and aptitude for advocating at both national and international levels."

This firm features one of the most prestigious dispute resolution groups in Brazil. The arbitration team is made up of ten lawyers, and another 20 who get involved in arbitral proceedings depending on the specific demand for their field of expertise. Currently, the team is engaged in approximately 30 arbitrations, a third of which are international. Clients say: "These lawyers are so on top of matters that they come up with various solutions to our problems. They also have an amazing ability to translate economic issues into legal theses, producing perfectly logical and well-structured arguments. They work cohesively, are creative and are extremely good lawyers." Sergio Bermudes commands great respect from the market and is the figurehead of this distinctive practice group. Sources single him out as a talented strategist and he is frequently invited to act as arbitrator. Fabiano Robalinho Cavalcanti and Marcio Vieira Souto Costa Ferreira are highly regarded and valued for their in-depth knowledge, level of preparedness and problem-solving skills. Together with Bermudes, they play a key role in many of the firm's most relevant cases. In a recent example, they represented a foreign energy group in an international ICC arbitration involving a contractual dispute. Marcelo Lamego Carpenter is another notable and recommended member of this first-rate team.

This Brazilian traditional firm has a long-standing presence in the international arbitration scene. Wald e Associados was one of the first firms in the country to establish an arbitration practice and it plays an important role in many of Brazil's most complex arbitration cases. The specialist and multilingual team has latterly been busy representing Brazilian and foreign clients in multimillion-dollar international arbitral disputes. It is currently defending the interests of a prominent Brazilian multinational against a former business partner in a dispute over a joint venture agreement involving the distribution and commercialisation of products manufactured in Brazil around the world. Arnoldo Wald is one of the most-respected and admired litigators in the country. He has a distinguished practice as counsel, legal expert and arbitrator in national and international arbitrations. Rising star Rodrigo Garcia da Fonseca works closely with Wald on domestic and cross-border disputes, and was involved in the group's largest cases over the past year.

Since publication, Rodrigo Garcia da Fonseca has joined Osorio e Maya Ferreira Advogados

This Rio de Janeiro-based boutique hosts an arbitration team of approximately 15 lawyers. The majority of the team speak at least one foreign language fluently and have specialist qualifications from abroad. Sources say: "This firm represents us on an arbitration of major strategic importance to our business. Its standard of advocacy is very high and lawyers always carry out in-depth analysis of the matter at hand. They are meticulous, deeply committed, focused on our interests and very efficient." The group typically focuses its practice on highly complex and sophisticated cases, often involving high-end companies in the oil and gas, construction or insurance sectors. In a recent highlight, the firm represented CEG Rio in an arbitration dispute concerning tariff fixing by regulatory agencies related to a gas turbine thermal electric power plant installed by UTE Norte Fluminense. José Antonio Fichtner is best known as an outstanding litigator and has also developed a strong reputation in arbitration in recent years.

This highly regarded dispute resolution boutique plays a strong role in the national arbitration scene. All of the four founding partners take part in arbitrations, acting either as well-respected arbitrators or, more frequently, as advocates defending Brazilian companies in arbitral disputes. The team is currently representing a major real estate company in a complex case relating to a large-scale commercial venture in the city of São Paulo. It is also acting on behalf of the owner of five power plants in Mato Grosso in a dispute with a foreign general contractor. The firm's clients in this field include household names such as CSN, Pão de Açucar, Odebrecht and Embratel. Sources say: "We choose to be represented by this firm because we only work with the best and this team's excellent quality of service produces excellent results." Marcelo Roberto Ferro is a celebrated figure in this field. "He is a sensational attorney with exceptional strategic abilities. It is thanks to him that our cases settled in arbitration courts reach such successful results," enthuse clients. Sources single out Eduardo Pecoraro as a rising star. He is praised as an extremely well-prepared advocate, who has an impressive understanding of arbitration proceedings and how to best make them work in clients' favour. 

MMK occupies an undisputed position as one of the top firms in arbitration in Brazil. The practice group at this prestigious dispute resolution boutique is well established and typically handles many of the country's most important cases. It stands out particularly for its successful defence of high-profile companies in the infrastructure and commodities sectors. Marcelo Antonio Muriel leads the practice and has vast experience in both national and international arbitration proceedings. Sources praise him as "an excellent attorney, who is extremely intelligent and knows arbitration like the back of his hand." Fernando Medici Junior and Antonio Henrique Monteiro also stand out in arbitration as well-prepared, creative and proactive lawyers, according to sources. 

This leading full-service firm has an important and well-regarded arbitration practice. The arbitration team forms a subdivision of the firm's overall dispute resolution department and is gaining considerable ground in this area. The team has latterly been busy advocating in high-profile arbitrations, including a number of international proceedings, relating to the ethanol, construction, investment funds and real estate sectors. Fernando Eduardo Serec heads the disputes resolution group and has a wealth of experience in the market. "He is known for making excellent arguments in arbitration courts," according to sources. Giovanni Ettore Nanni is the other best-known name for arbitration at the firm and is carving himself a strong profile in this area.

This is "undoubtedly one of the best firms in Brazil," enthuse sources. BMA's lawyers have all the necessary structure and know-how to represent large national and multinational companies, both in domestic and international arbitrations. Five partners from the disputes resolution department, spread across the firm's offices in São Paulo, Rio de Janeiro and Brasília, focus on highly complex cases. In a recent example, the team handled an intricate multiparty ICC arbitration relating to the sugar/alcohol production industry. Francisco Antunes Maciel Müssnich leads the dispute resolution department and is increasingly active in arbitration. Sources point to his "tenacious approach and commitment to clients."

This full-service firm uniquely houses a team entirely dedicated to arbitration and has a strong track record in this area. The team's lawyers act as arbitrators and advocates in arbitration courts, regularly defending the interests of national and international companies in the energy, construction and corporate sectors. In a recent highlight, the team represented a Brazilian energy trader in a dispute with a state-owned company over a power purchase agreement. Clients say: "A very well-prepared team with vast knowledge of the area. The lawyers demonstrate great skills in handling arbitration; the service is of a high standard and enabled us to implement timely solutions." Since Valeria Galíndez's departure in May 2011, partner Paulo Brancher is the primary contact for clients.

Arbitration at this firm is led by the dispute resolution team. It regularly features in domestic and international arbitration tribunals and was recently retained to represent clients in arbitration proceedings relating to the food export, paper pulp and construction industries. Domingos Fernando Refinetti is the standout name in this area and acts as both an arbitrator and an advocate.

Arbitration is rapidly becoming one of the most prominent branches of this firm's dispute resolution practice. The team is increasingly involved in high-profile domestic and international arbitrations and is gaining considerable visibility and recognition in this field. It represents top players from the meat export, mining, airline, health insurance and bio-energy industries. Sources point to the welcome addition of Eduardo Damião Gonçalves as an excellent boost to further develop the group's capabilities in this area. Gonçalves joined the firm in late 2010, having gained a very strong reputation in arbitration, and is highly praised as both an arbitrator and an arbitration lawyer. Together with Gonçalves, Flávio Pereira Lima co-heads the arbitration practice and recently successfully advocated for telecoms and aviation clients in complex international arbitrations.

This team is made up of experts exclusively dedicated to arbitration and focuses on transactional, tax and regulatory-related disputes. It represents a large number of multinational clients, who are effusive in their praise for the firm: "This firm offers a great quality of service - the lawyers are prompt to respond and work in total synergy with clients. They are also clearly very experienced in arbitration and show real commitment to clients' needs." Over the past year, the team was been particularly active in arbitrations involving the oil and gas sector. Joaquim de Paiva Muniz heads the team and clients recommend his know-how and strong track record in the field.

This well-respected arbitration practice group handles numerous cases for clients across a range of sectors, including telecoms, financial services, aviation, construction, manufacturing, pharmaceuticals, oil and gas, or real estate. The team stands out for its proven track record of representing multinationals in cross-border disputes and regularly participates in international arbitrations in English at the International Centre for Dispute Resolution and the ICC. Pedro Soares Maciel leads the practice group and is a well-known name in the market. His extensive experience in this area makes him a strong asset to the team and sources highlight his insightful approach to the needs and requirements of foreign clients.