Characteristics
Every commercial dispute originates in an economic relationship, formalised by contract.
Its appropriate resolution requires an understanding of the applicable law, but also — and to an equally relevant extent — an understanding of the business context of the dispute, the economic purpose of the underlying transaction, and the circumstances that led to the conflict.
Professional experience acquired in complex legal and commercial transactions, across their various stages — from contractual structuring to performance and the management of disputes — allows for a more accurate assessment of the relevant facts and of the dynamics underlying the dispute.
This professional background, combined with specialised education and training and with the continuous practice as an arbitrator and mediator since 2010, informs an approach primarily focused on the conduct of arbitral proceedings, with particular emphasis on the proper structuring of the procedure, the safeguarding of due process, and the robustness of the decisions rendered.
Since 2023, one of the two Brazilian law firms recognized for both arbitration and mediation.
Arbitration
Mediation
Arbitral proceedings are conducted on a direct and personal basis, ensuring full familiarity with the case and close supervision of all procedural stages.
This approach enables a thorough analysis of the factual and legal issues involved in each dispute, as well as consistent and balanced procedural management.
The practice includes acting as chair and as co‑arbitrator in complex arbitral proceedings, with particular emphasis on the organisation of the procedure, the safeguarding of the adversarial process, and compliance with due process.
The practice is deliberately selective, with a limited number of concurrent proceedings, in order to ensure appropriate dedication to each arbitration.
Technical quality is continuously enhanced through institutional affiliation and active engagement with organisations such as the CIArb and the CPR, as well as through specialised training in international arbitration at the School of International Arbitration (SIA), Queen Mary University of London.
Arbitration
Commercial mediation
Commercial mediation is a negotiation process conducted by a mediator trained in techniques that address the information asymmetry inherent in any dispute, whether regarding the facts or the chances of success in potential litigation.
We conduct the mediation process with complete confidentiality, and the parties retain absolute control over the flow of information: one party only learns information that the other party allows to be shared.
In our experience, two-thirds of mediations reach some form of agreement, and 100% of them ensure better preparation for managing the dispute.
Dispute Boards
Dispute Boards are specialised committees, typically composed of three professionals, that oversee the execution of complex contracts, often in the construction sector. By monitoring the progress of the contract, these Boards enable the swift resolution of disputes, ensuring the continuity of the project without interruption, resulting in significant savings in both time and costs.
Statistics from the DRBF show that 90% of decisions in disputes resolved through this method are accepted by the parties involved, and the majority of those that proceed to litigation are upheld by the courts. Due to this efficiency, the World Bank incorporates Dispute Boards into the contracts of projects it finances.
Our expertise in arbitration and mediation enables us to operate Dispute Boards in an objective and efficient manner, and the decisions have been well received by the parties.
Legal Advisory Services
Dispute prevention and resolution can occur at various stages of a commercial relationship. From contract negotiation, where clauses are agreed upon to enable the most effective dispute management for each type of business, through to the management of disputes during contract execution, and even after the dispute has been submitted to arbitration.
Experience in both advisory and contentious legal practice, combined with work as an arbitrator and mediator, adds significant value to the development and implementation of dispute management strategies. This consultancy involves executives and their internal or external lawyers in developing strategies to mitigate or resolve the impact of disputes on the company's operations.