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Arbitration | Strategic Consultation on Dispute Prevention and Resolution | Construction and Infrastructure

Marina represents clients in domestic and international arbitrations mainly regarding commercial and contractual issues, Construction, and Infrastructure Law. Also acts in the analysis of complex construction and engineering contracts, as well as in the drafting of contractual claims.

She participated in an academic exchange program at the University of Navarra School of Law (UNAV), Spain, in 2018, with emphasis on International and North American Law by taking part in the programs International Business Law-Program (IBLP) and Anglo-American Law Program (AALP).

Scientific Initiation with a scholarship from the Institutional Scientific Initiation Scholarship Program (PIBIC) regarding the academic work entitled “The Application of the Concept of Criminal Liability of Corporations on Criminal Compliance” (2017-2018).

She received an Honorable Mention for the university conclusion thesis entitled: “Possibilities of Intervention of the Judiciary System before the Commencement of Arbitration: the Arbitration Clause”.

Education

Languages

Bachelor of Laws from Pontifícia Universidade Católica de São Paulo (PUC/SP).

University Extension Course on Arbitration from Pontifícia Universidade Católica de São Paulo (PUC/SP).

Academic Exchange Program focused on International Law at Universidad de Navarra (UNAV), Spain.

Portuguese

English

German

Spanish

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.
  • 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. 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 consulting.Language: 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

  • Member of the Brazilian Arbitration Committee (CBAr).

Education

Bachelor degree from Pontifícia Universidade Católica de São Paulo (PUC)

Languages

Portuguese

English

German

Spanish

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