Arbitration | Mediation | Dispute Board | Negotiation in Construction and Infrastructure Contracts
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.
Assistance to a leading aviation company in various legal issues and disputes with clients and suppliers of over USD 100 million arising from two major air crashes, with repercussion in Brazil and abroad;
Assistance to a leading company in its field of activity in an arbitration involving a dispute over USD 100 million filed before the International Court of Arbitration of the International Chamber of Commerce (ICC), debating over the non-payment of the total price of the sale of the share control of a company;
Assistance to a leading cosmetic company in an arbitration filed before the Brazil-Canada Chamber of Commerce (CCBC) for the breach of a buil-to-suit agreement and defects in the construction of a distribution center;
Assistance to shareholders of a company in the financial sector in an arbitration filed before the Brazil-Canada Chamber of Commerce (CCBC) by a former shareholder debating over the right to overprice for the sale of stakes of the controlling block, plus damages;
Assistance to a foreign investor in an arbitration filed before the Brazil-Canada Chamber of Commerce (CCBC) involving the termination of a share purchase agreement in the amount of USD 350 million related to a company in the mining sector;
Assistance to a leading company in the mining sector in an arbitration filed before the Mediation and Arbitration Chamber of the Federation of the Industries of the State of São Paulo (CIESP/FIESP) by one of its service providers, debating over the non-payment of the total price agreed in an agreement, plus damages;
Assistance to a leading company in the licensing of manufactured products in an arbitration filed before the Court of Arbitration for Sports (CAS), debating over the breach of licensing agreements related to the Rio 2016 Olympic and Paralympic Games;
Assistance to a leading telecommunications company in an arbitration filed before the Mediation and Arbitration Chamber of the Federation of the Industries of the State of São Paulo (CIESP/FIESP), debating over the potential (and expected) breach of an agreement by one of the contracting parties.
Publications and Lectures
Author of “Indicação geográfica e proteção das criações de moda”, in Jornal JOTA, May 27, 2016.
Author of “Limites subjetivos da coisa julgada na sucessão, substituição processual e solidariedade”, in Processo Civil – Homenagem a José Ignácio Botelho de Mesquita, São Paulo, Quartier Latin, 2013, pp. 145-171;
Co-author of “Fourteen years with Brazil’s Arbitration Law”, in Latin Arbitration Law, 2011;
Co-author of “Balanço de uma polêmica: a Súmula-STF 343”, in Direito Processual Civil, São Paulo, Quartier Latin, v. 2, 2011, pp. 343-368;
Co-author of “Esperando a efetiva audiência do novo CPC”, in Migalhas, 2010.
Co-author of “Sociedade tem direito de ver íntegra de anteprojeto”, in Consultor Jurídico, 2010;
Co-author of “Nascimento, morte e ressurreição da exceção de pré-executividade”, in As Grandes Transformações do Processo Civil Brasileiro – Homenagem ao Professor Kazuo Watanabe, São Paulo, Quartier Latin, v. 1, 2009, pp. 315-340;
Co-author of “Questões de ordem pública: revisíveis ad infinitum?”, in Direito Civil e Processo, São Paulo, Revista dos Tribunais, 2008, pp. 1522-1532;
Co-author of “Antecipação da tutela versus improcedência da ação”, in Direito Processual Civil, São Paulo, Quartier Latin, 2007, pp. 585-600;
Co-author of “O colapso das condições da ação? Um breve ensaio sobre os efeitos da carência de ação”, in Revista de Processo, v. 152, 2007, pp. 11-35, e Revista do Advogado, v. 88, 2006, pp. 109-127;
Co-author of “Breves considerações sobre a exigibilidade e a execução das astreintes”, in Revista Forense, v. 384, 2006, pp. 479-490, e Revista Jurídica, v. 338, 2005, pp. 23-38.