Skip to content

Arbitration | Construction and Infrastructure | Real Estate | Contracts

Maria Juliana focuses her practice on the construction and infrastructure sector, representing clients in arbitrations. She also acts in the analysis of complex construction and engineering contracts, in the legal management of projects and in the drafting of contractual claims.

She has experience as a legal manager of an infrastructure company, including the elaboration of contracting strategies and multidisciplinary studies aimed at the governance and management of public and private contracts.

She is a professor at Mackenzie University, where she teaches “Mediation and Arbitration” in the distance learning lato sensu post-graduate course in Civil Procedural; and at the School of Architecture and Urbanism, where she teaches “Legislation Applied to Civil Construction” in the lato sensu post-graduate course in Management of Civil Construction Projects.

Education

Languages

Master of Law in Civil Law from the University of São Paulo (USP/SP).

LL.M. in Business Law from the Universidade do Vale do Rio dos Sinos (UNISINOS).

Bachelor of Law from Pontifícia Universidade Católica do Rio Grande do Sul (PUC/RS).

Portuguese

English

French

Relevant Cases

Domestic Arbitration CAM-CCBC. Language: Portuguese. Dispute regarding contractual liabilities arising from a Construction Management Contract with a GMP (Guaranteed Maximum Price). Amount in dispute: BRL 100 million.

Domestic Arbitration CIESP/FIESP. Language: Portuguese. Dispute regarding liabilities for defaults, delays, and termination of a contract work under the piecework regime for the execution and construction works of a highway. Amount in dispute: BRL 175 million.

Domestic Arbitration FGV. Language: Portuguese. Dispute regarding a Construction Management Contract with a GMP (Guaranteed Maximum Price), through which the Parties agreed to carry out civil construction works for the implementation of a real estate project in a property in Rio de Janeiro. Amount in dispute: BRL 112 million.

Domestic Arbitration CIESP/FIESP. Language: Portuguese. Dispute regarding a sewage network construction contract in the Metropolitan Region of the city of São Paulo. Amount in dispute: BRL 45.6 million.

Judicial Litigation. Language: Portuguese. Dispute regarding anticipated production of evidence to verify possible construction and installation irregularities in the lighting system of a religious temple. Amount in dispute: N/A.

Pre-litigation consulting. Language: Portuguese. Legal consulting regarding irregularities in the extrajudicial liquidation of a public company: (i) drafting of memorandum on the finding of irregularities; (ii) analysis of measures to remediation, (iii) drafting of extrajudicial notifications and (iv) legal action taken in the scope of organs of official control (Court of Accounts). Amount in dispute: BRL 135 million.

Pre-litigation consulting. Language: Portuguese. Legal consulting regarding contractual breaches and impacts occurred during the execution of a works contract under the piecework regime for the construction of a highway. Amount in dispute: BRL 50 million.

Pre-litigation consulting. Language: Portuguese. Legal consulting regarding contractual administration and strategic positioning under an EPC Contract, including the analysis and drafting of correspondences related to contractual penalties. Contract Price: BRL 210 million.

Pre-litigation consulting. Language: Portuguese. Risk assessment on possible breaches of an Operational Agreement regarding the development of non-standard credit rights investment fund. Amount in dispute: BRL 150 million.

Pre-litigation consulting. Language: Portuguese. Review of a side letter on payment of compensation and of MoU related to non-standard credit rights investment fund. Amount in dispute: BRL 32 million.

Pre-litigation consulting. Language: Portuguese. Legal consulting regarding contractual administration and strategic positioning, including drafts of (i) a claim for extension of the contractual term and economic-financial rebalancing of the contract and (ii) reply to formal notices on alleged breaches, concerning a service agreement for related to a railway project. Contract Price: BRL 65 million.

Pre-litigation consultingLanguage: Portuguese/Spanish/English.  Risk Assessment concerning an international arbitration in which the parties discuss impacts related to the enforcement of an EPC contract for the execution of a pipeline. Amount in dispute: USD 311 million.

Associations

Brazilian Arbitration Committee (CBAr).

Institute of Private Law (IDiP).

Institute of Culturalism Studies (IEC).

Dispute Resolution Board Foundation (DRBF).

Education

Ph.D. in Civil Procedural Law, University of São Paulo Law School, 2012.

Master of Law in Civil Procedural Law, University of São Paulo Law School, 2008.

LL.B., University of São Paulo Law School, 2004.

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