Characteristics
Every commercial dispute originates from an economic relationship formalised by a contract.
Resolving such disputes requires an understanding of the applicable law, but equally important, if not more so, is the comprehension of the business context of the dispute, the intended purpose of each party in the legal transaction, and the circumstances that led to the dispute.
Personal experience in complex legal transactions at all stages—from advising executives, through negotiation and contract management, to claims and dispute resolution—allows for a better understanding of the circumstances of the dispute and a more accurate legal qualification of the facts.
This personal experience, combined with specialised education and training, and continuous practice as an arbitrator and mediator since 2010—with market-recognised excellence—is what sets our services apart.
One of the two Brazilian law firms recognized for both arbitration and mediation.
Arbitration
Mediation
The firm's partner personally handles the conduct of arbitrations, supported solely by academic interns for research and document organisation. This approach ensures that the entire procedure is comprehended by a single professional, guaranteeing a thorough analysis of the issues and the law involved in each dispute. The firm limits itself to no more than ten (10) simultaneous procedures, allowing for a personalised approach. Technical quality is continuously enhanced through affiliation with institutions such as CIArb and CPR.
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.