Leader of Rio Office Litigation & Dispute Resolution
Gustavo Fernandes de Andrade
International Arbitration, Latin America & the Caribbean, Enterprise Risk & Crisis Management
Gustavo Fernandes de Andrade is a partner in the international arbitration practice based in Rio de Janeiro and São Paulo. He currently serves as the head of the litigation practice in Brazil and is the co-head of Mayer Brown’s Latin American international arbitration practice.
Gustavo serves as lead counsel in both domestic and international proceedings held under the auspices of the rules of the principal arbitration institutions in several venues around the globe, including the ICC, LCIA, the Chamber of Commerce Brazil-Canada (CAM-CCBC), the Chamber of Conciliation, Mediation, and Arbitration (CIESP/FIESP), FGV, the Business Arbitration Chamber of Brazil (CAMARB), and CBMA. He also represents clients in ad hoc proceedings and under the UNCITRAL Arbitration Rules. Additionally, Gustavo represents clients before Brazilian federal and state courts in various complex court disputes.
Energy and Natural Resource Matters
- Barra Energia do Brasil Petróleo e Gás Ltda. in an important arbitration dealing with the validity and enforcement of a forfeiture provision contained in the joint operating agreement (AIPN Model Contract) governed by Brazilian law. Consistent with the arbitral tribunal’s approach followed, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (ANP) ordered the assignment of the participating interest held by the defaulting party in the oil field (a USD 654 million value asset according to the defaulting party’s estimate). This case has been widely covered by national and international O&G press given the sector’s concern that the default provisions might prove unenforceable.
- Two Brazilian companies engaged in the construction and operation of construction of transportation infrastructure, the claimants in a CAM-CCBC arbitration seated in Rio de Janeiro commenced against the holding company and its Peruvian subsidiary of one of the world’s largest concessions and construction group. The dispute arose from a share purchase agreement entered between the parties relating to the acquisition of the share capital of a concessionaire company owner of road toll services of a major Peruvian highway.
- A Brazilian company engaged in the oil and gas industry, the respondent in an ICC arbitration seated in London commenced by the Brazilian subsidiary of a government-owned oil and gas explorer and producer. The dispute arose from the joint operating agreement (AIPN Model) for the exploration, development, and operation of a deep-water oil field in the pre-salt Campos basin. New York law was applicable to merits of the dispute, and English was the language of the proceedings.
- “Besides acting as lead counsel in several high-value arbitration proceedings, Gustavo Fernandes is also proficient in arbitration-related litigation, including the enforcement of foreign arbitral awards.” – The Legal 500, 2024
- Recognized in four categories: Arbitration, Electricity, Steel and Mining, Transport and Logistics – Análise Advocacia, 2022-2024
- Recognized as Future Leader in Arbitration – Who’s Who Legal Global, 2022-2023
- Recognized in Arbitration – Who’s Who Legal National, 2022-2023
- Recognized for Litigation – Latin Lawyer 250, 2023-2024
- Recognized for Arbitration – Latin Lawyer 250, 2023-2024
- Recommended in Litigation – LACCA Approved, 2018-2023
- Cambridge University, LLM
- University of Pennsylvania, LLM
- Universidade Federal Fluminense (UFF), BA in Law
Co-coordinator, Study Group on Arbitration, Mediation and State Entities of the Brazilian Arbitration Committee (CBar)