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Arbitration | Mediation | Consulting Specialized in Litigation

Livia represents clients in international and domestic arbitrations, mediations, negotiations, and litigation in Brazilian courts. Livia has extensive experience in litigation involving M&A transactions, corporate matters, investment funds, as well as complex contractual disputes in different industries, such as construction, energy, mining, franchising, banking, among others.

Education

Languages

Specialization in arbitration and alternative dispute resolution methods at CEU – IICS.

Specialization in Mergers and Acquisitions at Fundação Getulio Vargas (FGV/SP).

Bachelor of Law from the University of São Paulo (USP).

Portuguese

English

Relevant Cases

ICC Domestic Arbitration. Language: Portuguese. Dispute regarding the sale and purchase of a Brazilian Bank and liability over existing debts. Amount in dispute: Approx. BRL 1 billion.

ICC International Arbitration. Language: Portuguese and English. Dispute concerning the sale and purchase of shares of a retail company and the calculation of the purchase price. Amount in dispute: BRL 300 million.

ICC International Arbitration. Language: English. Dispute regarding contracts for the supply, construction, installation, commissioning, operation, and maintenance of an industrial thermoelectric power generation plant involving matters of contractual liability for breaches. Amount in dispute: BRL 200 million.

FGV Domestic Arbitration. Language: Portuguese. Dispute concerning a construction agreement of a mall, regarding allegations of delays, alterations to the budget and breach of construction obligations. Amount in dispute: BRL 18 million.

CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute regarding a quota sale and purchase agreement and parties’ liability for debts prior to the closing of the transaction. Amount in dispute: BRL 7 million.

CIESP/FIESP Domestic Arbitration. Language: Portuguese. Dispute regarding a quota purchase agreement and assignment of trademark in the fashion industry. Amount in dispute: BRL 50 million.

ICC International Arbitration. Language: English. Dispute concerning the renewal of a distributorship agreement of the automobilist sector concerning a Brazilian company and a Korean company. Amount in dispute: BRL 1 billion.

CAM-CCBC Domestic Arbitration. Idioma: português. Dispute regarding the right of first refusal in a transaction regarding the sale and purchase of shares of a Brazilian company of the food and dairy sector. Amount in dispute: USD 100 million.

GAFTA International Arbitration. Language: English. Dispute regarding contracts for the purchase and sale soybean and corn crops involving matters of contractual liability for breaches. Amount in dispute: BRL 43.2 million.

CAM (B3) Domestic Arbitration. Language: Portuguese. Dispute regarding the abuse of control power and responsibility of directors of a Brazilian company. Amount in dispute: BRL 20 million.

Pre-litigation consulting. Language: Portuguese. Consulting regarding the assignment of credits of real estate ventures and transaction concerning real estate certificate of receivables (CRI).

Pre-litigation consulting. Language: Portuguese. Consulting regarding several pre-litigation disputes involving a player of the infrastructure sector for telecommunications.

Associations

Member of the Brazilian Arbitration Committee (CBar).

Member of Instituto Brasileiro de Direito Privado (IDiP).

Member of Young International Council for Commercial Arbitration (Young ICCA).

Member of Young Arbitrators Forum of the International Chamber of Commerce (ICC-YAF).

Education

Post-graduate degree in Civil Law at Escola Brasileira de Direito (EBRADI)

Specialization in arbitration and alternative dispute resolution methods at CEU – IICS

Post-graduate in Merger and Aquisitions at Fundação Getulio Vargas (FGV)

Bachelor degree from Universidade de São Paulo (USP)

Languages

Portuguese

English

Background

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.

Rankings

Leaders League 2021
Roseta 2020