Arbitration and Litigation

Commercial disputes are rarely decided on the merits. They are decided earlier: in the choice of forum, in whether urgent interim relief is obtained, in the production of expert evidence, in whether assets remain available at the end. A poorly drafted arbitration clause can cost two years of argument over jurisdiction before any substantive issue is examined.

Nor is the choice between arbitration and the courts automatic. Arbitration offers specialist adjudicators, confidentiality and predictable timing, at a high upfront cost and with no appeal on the merits. The courts offer lower cost and a broad appellate system, with unpredictable timing. The decision turns on the amount at stake, the urgency, the technical complexity and, above all, on who is likely to be the claimant.

Who we act for

• Companies in contractual disputes of significant value or complexity
• Parties to shareholder disputes, in dissolution, expulsion and liability actions
• Creditors in the collection and enforcement of secured claims
• Parties bound by arbitration clauses, whether commencing or defending arbitral proceedings
• Government contractors, in arbitrations arising from public contracts
• Parties seeking to challenge an arbitral award or resist its enforcement

How we work

We define strategy around a question rarely asked at the outset of a case: where will the assets be on the day of enforcement. The answer reorders everything else — the advisability of urgent interim relief, the usefulness of an asset freeze, the value of an early settlement and the very choice between litigating and negotiating.

In arbitration, we act from the drafting of the arbitration clause — the moment when the institution, seat, number of arbitrators, language and decision-making standard are defined — through to enforcement of the award. That clause, usually drafted in haste at the close of a negotiation, is what determines the cost and duration of any future dispute.

Mid-sized and large disputes are rarely resolved in a single judicial district. Our network of partner lawyers in Paraná, São Paulo, Santa Catarina and the Federal District allows us to run simultaneous fronts without fragmenting the strategy, which remains under unified coordination.

Arbitration involving public authorities, expressly permitted under Art. 1, § 1 of Law No. 9,307/1996 (Brazilian Arbitration Act) following the reform introduced by Law No. 13,129/2015, is a dedicated front of the firm’s practice, handled together with our Administrative Law team.

Scope of work

• Drafting and reviewing arbitration clauses and submission agreements
• Commencing and defending arbitral proceedings before institutional chambers
• Arbitration under government contracts and with state-controlled companies
• Pre-arbitral interim measures and urgent relief (Art. 22-A of Law No. 9,307/1996)
• Enforcement of arbitral awards and set-aside actions (Arts. 32 and 33 of Law No. 9,307/1996)
• Civil and commercial litigation at trial and appellate levels
• Appeals to the superior courts
• Urgent and evidence-based provisional remedies (Arts. 294–311 of the Brazilian Code of Civil Procedure (CPC))
• Enforcement of extrajudicial instruments and of court judgments
• Piercing-the-corporate-veil proceedings (Arts. 133–137 of the CPC)
• Shareholder litigation: partial dissolution, expulsion of shareholders and annulment of corporate resolutions
• Mediation and structured negotiation of commercial disputes

Related practice areas

Corporate Law and Commercial Contracts · Mergers & Acquisitions · Judicial Reorganization and Bankruptcy · Port and Waterway Law

To discuss a specific matter, please get in touch and schedule a consultation.