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Arbitration | Mediation | Negotiation | Contracts | Consulting specialized in Litigation

Thabata represents clients in domestic and international arbitration, mediation, and negotiation proceedings on complex disputes regarding M&A transactions, contractual issues, construction contracts, Public Administration, among others.

She combines this practice with dispute prevention, negotiation and drafting of complex contracts.

Education

Languages

MBA in Behavioral Economics from Fundação Getúlio Vargas (FGV/SP).

Short term specialization courses in Negotiation for Lawyers, Contract Design and Corporate Law from Fundação Getúlio Vargas (FGV/SP).

Portuguese

English

French

Participated in a Corporate Law course as a “Special Student” at the University of São Paulo (USP/SP).

Academic exchange program at the Institut d’Étude Politique de Paris (Sciences Po).

Bachelor of Law from São Paulo University (USP/SP).

Relevant Cases

  • ICC International Arbitration. Language: English. Dispute related to distribution agreement and exclusivity and non-compete clauses. Amount in dispute: BRL 46 million.
  • ICC Domestic Arbitration. Language: Portuguese. Dispute regarding stock purchase agreements and take-or-pay agreements, involving discussions about contract termination and damages. Amount in dispute: BRL 73 million.
  • CIESP-FIESP Domestic Arbitration. Language: Portuguese. Dispute regarding a public-private partnership agreement in the basic sanitation sector related to sewage treatment, involving discussion on breach of the agreement by the government. Amount in dispute: BRL 250 million.
  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute involving contracts related to the sale of stocks regarding possible nullity of part of these agreements and ineffectiveness of the exercise of the put option. Amount in dispute: BRL 100 million.
  • ICC Domestic Arbitration. Language: Portuguese. Dispute related to a contract of assignment and lease of infrastructure items in the telecommunication industry. Amount in dispute: BRL 80 million.
  • CAM-CCBC Domestic Arbitration. Language: Portuguese. Dispute involving multiple contracts related to share purchase agreement regarding defaults of the parties, share pricing, earn-out and investment return guarantees. Amount in dispute: BRL 250 million.
  • CAMARB Domestic Arbitration. Language: Portuguese. Dispute involving the assignment agreement and to the real estate receivables certificates, including discussions about the exercise of the right to repurchase the real estate receivables certificates and right of first refusal. Amount in dispute: BRL 10 million.
  • Ad hoc Mediation. Language: Portuguese. Dispute related to several controversies concerning contracts executed by companies of the telecommunications industry. Amount in dispute: BRL 2 million.
  • Pre-Litigation consulting. Language: Portuguese. Negotiation for the collection of amounts due because of a breach of contract for services rendered in engineering. Amount in dispute: BRL 120 million.
  • Pre-Litigation consulting. Language: English. Dispute regarding strategy definition and analysis of risks and chances of success in a dispute related to international construction and infrastructure contracts in which contractual defaults were discussed. Amount in dispute: USD 305 million.
  • Pre-litigation consulting. Language: Portuguese. Dispute related to renegotiation of a gas supply contract. Amount in dispute: BRL 300 million.
  • Pre-litigation consulting. Language: Portuguese. Dispute involving multiple contracts related to operation of purchase and sale of shares in which contractual breaches and the exercise of put option were discussed. Amount in dispute: BRL 450 million.
  • Pre-litigation Consulting. Language: Portuguese and English. Dispute involving risk analysis for economic group due to environmental accidents.
  • Consulting. Language: Portuguese and English. Disputes regarding the execution and implementation of contracts in the telecommunications industry.
  • Consulting. Language: Portuguese and English. Disputes regarding the execution, implementation, review, and negotiation of supply contract in the beverage industry.
  • Consulting. Language: Portuguese and English. Consulting related to the revision of side letter on indemnity payment and MoU related to credit rights investment fund non-standardized. Amount in dispute: BRL 32 million.

Recognitions

  • Honorable Mention for the Best Team Orals of the Willem C. Vis International Commercial Arbitration Moot in 2015.

Associations

  • Member of the Brazilian Arbitration Committee (CBAr).
  • General Secretary of the Franciscan Association of Friends of the Moot (MUTUSP).

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