Fernando Marcondes

Partner
Arbitration | Mediation | Contracts | Consulting specialized in Litigation | Construction and Infrastructure

Acting in the legal area for more than 40 years – the last 30 as a Construction and Infrastructure lawyer – Fernando started to work with Arbitration since the first hour it has implemented in Brazil, in 1996. First as counselor and soon as an arbitrator too (from 2002 on). Fernando is one of the Brazilian pioneers in Dispute Board study and utilization, writing relevant papers about the theme and becoming a reference to several academic thesis and dissertations.

As Brazilian Representative at DRBF (Dispute Resolution Board Foundation), he has given several trainings and workshops that prepared and certified potential DB members in Brazil and abroad. Besides his acting as DB member in complex infrastructure contracts, he is frequently called to train DB members and parties in starting contracts, contributing to the constitution, and starting of the main DBs already established in Brazil.

He published and coordinated many books about his areas of specialization, been recognized by rankings as Chambers, Latin Lawyer, Who’s Who Legal, Leaders League and Lexology. Fernando is also awarded by many organizations by his acting in ADR and strategic assistance in Construction and Infrastructure.

Education

  • Civil Law Specialization.
  • Bachelor of Law.

Languages

  • Portuguese
  • English
  • Spanish

Relevant Cases

  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute regarding a concession contract for the exploration of a highway system involving disputes related to the economic-financial rebalancing resulting from the materialization of financial, geological, and engineering risks, among others. Amount in dispute: BRL 3 billion.
  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute related to a construction contract involving the termination of the contract, and the payment of the remuneration and indemnities due for the execution of the work. Amount in dispute: BRL 1.250 billion.
  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute related to a hydroelectric power plant construction contract. Amount in dispute: BRL 600 million.
  • ICC International Arbitration. Language: Spanish. Dispute related to a construction work in a Central American country. Amount in dispute: BRL 100 million.
  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute related to a construction contract involving possible damages caused to the structure of the hydroelectric plant due to the flooding of the river in 2014. Amount in dispute: BRL 30 million.
  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute related to an assembly and commissioning contract involving the services of storage, assembly and commissioning of electromechanical equipment and systems. Amount in dispute: BRL 260 million.
  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute related to contractual obligations arising from an Administration Contract with PMG (Maximum Guaranteed Price). Amount in dispute: BRL 100 million.
  • CIESP/FIESP Domestic Arbitration. Language: Portuguese. Dispute related to the determination of liability for defaults, delays, and termination under a unit price contract for the execution and implementation of highway construction works. Amount in dispute: BRL 175 million.
  • FGV Domestic Arbitration. Language: Portuguese. Dispute related to a construction contract under a PMG (Maximum Guaranteed Price) administration regime, through which the civil construction works for the implementation of a real estate enterprise in Rio de Janeiro were contracted. Amount in dispute: BRL 112 million.
  • CIESP/FIESP Domestic Arbitration. Language: Portuguese. Dispute related to obligations arising from a contract for the construction of a sewage system in the Metropolitan Region of the city of São Paulo. Amount in dispute: BRL 45.6 million.
  • CAM-CCBC Arbitration. Language: Portuguese. Arbitration to establish the liability for geological liabilities and topographical errors in the construction of a hydroelectric power plant. Amount in dispute: BRL 150 million.
  • CIESP/FIESP Arbitration. Language: Portuguese. Dispute concerning a construction contract of a railway line. Amount in dispute: BRL 100 million.
  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute related to the construction contract of a hotel and real estate enterprise. Amount in dispute: BRL 200 million.
  • ICC Domestic Arbitration. Language: Portuguese. Dispute related to a highway construction and implementation contract, involving Brazilian and Italian companies. Amount in dispute: BRL 100 million.
  • Judicial dispute. Language: Portuguese. Dispute related to a highway implementation and construction contract. Amount in dispute: BRL 200 million.
  • Pre-litigation Consulting. Language: Portuguese. Legal assistance for determining contractual breaches and impacts occurred during the execution of a work contract in the unit price modality for the execution of a highway. Amount under discussion: BRL 50 million.
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Recognitions

Fernando published and coordinated many books about his areas of specialization, been recognized by rankings as Chambers, Latin Lawyer, Who’s Who Legal, Leaders League and Lexology. He is also awarded by many organizations by his acting in ADR and strategic assistance in Construction and Infrastructure.

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Associations

  • Member of the Brazilian Arbitration Committee (CBAr).
  • Member of the Dispute Resolution Board Foundation.
  • Member of the Club Español del Arbitraje (presidente do capítulo brasileiro).
  • Member of the Society of Construction Law.
  • Member of the Chartered Institute of Arbitrators.
  • Member of the Asociación Latinoamericana de Derecho de la Construcción.
  • Member of the Instituto Brasileiro de Direito da Construção.