Overview

João Marçal Martins is an associate in the Litigation and Arbitration practices of Tauil & Chequer Advogados in association with Mayer Brown in the São Paulo office. He has particular experience in disputes and negotiations related to public law and commercial issues.

João has an LL.M. from the University of Pennsylvania, an LL.M. from Fundação Getulio Vargas in Rio de Janeiro and a Business and Law Certificate from the Wharton School. He is also Vice Chair, Special Projects of the ABA Section of International Law, International Courts and Judicial Affairs Committee, member and Brazilian Ambassador of YCIArb, lecturer and has published several articles and book chapters regarding international arbitration and international trade law.

Spoken Languages

  • Portuguese
  • English

Experience

  • Coordinated a litigation team in relation to environmental crisis management involving representation of a Brazilian subsidiary of a Norwegian mining company in civil inquiries, class actions, parliamentary inquiry committees, and negotiation of settlement agreements with Brazilian Prosecutor Offices.
  • Represented telecommunications corporations in class actions filed before Brazilian Federal Courts against Public Administration, which executed contracts with Telebras without a public bid.
  • Represented a Mexican distributor of cars against a subsidiary of a Japanese company in a JAMS mediation in New York. The dispute arose from a breach of the Transition Services Agreement to facilitate the transition of the distribution services from the Mexican distributor to the Japanese group in Mexico. New York law applied and English was the language of the proceedings.
  • Issued legal opinions and consultancy services prior to arbitration proceedings to a Dutch subsidiary of a major Brazilian oil and gas company under EPC agreements. New York law applied and English was the language.
  • Represented a Brazilian subsidiary of a Dutch oil and company, as respondent in an FGV arbitration seated in Rio de Janeiro against an Oil Terminal. The dispute arose from an Oil Transshipment Services Agreement and dealt with take or pay obligations. Brazilian law applied and English was the language of the proceedings.
  • Represented a major Brazilian oil and gas company and a Brazilian subsidiary of Portuguese and former British oil and gas companies as claimants in an ICC arbitration of US$ 10 billion seated in Rio de Janeiro against the Brazilian Oil, Natural Gas and Biofuels Agency. The dispute arose from a concession agreement for the exploration and production of oil and dealt with decisions rendered by the agency to order the companies to unify offshore oil fields. Brazilian law applied and Portuguese was the language of the proceedings.
  • Represented a Brazilian subsidiary of an American company, world's leading medical technology company, respondent in a CIESP-FIESP arbitration of R$ 100 million seated in São Paulo against a distributor. The dispute arose from a distribution agreement and compensation form damages due to undue termination. Brazilian law applied and Portuguese was the language of the proceedings.
  • Represented a Brazilian subsidiary of a Japanese company and leader in transmission of electricity as claimant in an FGV arbitration of US$ 150 million seated in Rio de Janeiro against a public energy utility company. The dispute arose from an EPC Contract as to the construction of 900km of transmission lines and dealt with additional costs. Brazilian law applied and Portuguese was the language of the proceedings.
  • Represented a Brazilian subsidiary of a German corporation in the automation and mechanical engineering sector as claimant in a CAM-CCBC arbitration seated in São Paulo. The dispute arose from two EPC contracts to build two small hydroelectric power plants and dealt with additional costs and delays. Brazilian law applied and Portuguese was the language of the proceedings.
  • Represented a US client in four arbitration proceedings seated in São Paulo before CAM-CCBC involving US$ 300 million regarding the activities of two joint ventures in Brazil. Brazilian law applied and English was the language of the proceedings.
  • Represented a Brazilian subsidiary of a German pharmaceutical company in an M&A arbitration before CBMA. In parallel, acted in two interim measures before Brazilian Courts. Brazilian law applied and Portuguese was the language of the proceedings.
  • Represented a Brazilian thermoelectric company as claimant in an CBMA arbitration seated in Rio de Janeiro against a natural gas distributor. The dispute arose from the effects of a decree by the State Agency in the purchase and sale of natural gas. Brazilian law applied and Portuguese was the language of the proceedings.
  • Represented a Brazilian power distribution company as claimant in an FGV arbitration seated in Rio de Janeiro against a petrochemical corporation. The dispute arose from a breach of payment under an energy supply agreement. Brazilian law applied and Portuguese was the language of the proceedings.
  • Represented a Brazilian subsidiary of a Spanish power generation company as respondent in an FGV arbitration seated in Rio de Janeiro against a Brazilian construction corporation. The dispute arose from an EPC contract and dealt with delays and additional costs as to the construction of a power plant. Brazilian law applied and Portuguese was the language of the proceedings.
  • Represented a French airline company in several damages lawsuits filed by the families of the victims of the worst commercial plane crash in Brazilian aviation history.
  • Represented a Brazilian subsidiary of a German pharmaceutical company in several disputes before Brazilian Courts, including four class actions and eight individual damages lawsuits regarding product liability.
  • Represented a Brazilian subsidiary of an American company and also the world’s leading manufacturer of home appliances, in several disputes before Brazilian Courts, including: dealership and distribution lawsuits, class actions, environmental and consumer issues, civil inquiries and labor lawsuits involving claims resulting from epidemiology studies.
  • Represented a Brazilian company in the energy sector in an M&A dispute regarding hidden liabilities, as well as several enforcement actions of contracts of sale of energy.
  • Represented a Brazilian subsidiary of a German company in the energy sector in disputes involving public bids, dealerships and distributors.
  • Represented an investment company in interim measures filed before arbitral proceedings, which took into account the transfer of hidden liabilities and the exchange of shares arising from an M&A.

Education

Fundação Getúlio Vargas (FGV/RJ), LLM, in Public Law

Pontifícia Universidade Católica do Rio de Janeiro (PUC-Rio), Bachelor of Law (JD equivalent)

University of Pennsylvania, LLM

at Penn Law and Business and Law specialist at Wharton School

Admissions

  • Brazil

Memberships

  • Member and Young Members’ Group Ambassador of the Chartered Institute of Arbitrators (CIArb) (2018 - present).
  • Vice Chair, Special Projects, ABA Section of International Law, International Courts and Judicial Affairs Committee (2018 - present).
  • International Associate Editor, Journal of International Law, Vol. 38, University of Pennsylvania (2016 - 2017).
  • Founding member and former director of Penn Law International Arbitration Association (2016 - 2017).
  • Member of the Brazilian Institute of Private Law (IDP). (2016 - present).
  • Lecturer of Arbitration and Negotiation at the Superior School of Law of the Brazilian Bar Association (Rio de Janeiro Section) (2014 - present).
  • Member of the Young Practitioners of the Brazilian Bar Association (Rio de Janeiro Section)(2015 - present).
  • Founding member of the Brazil Infrastructure Institute (2013 - present).
  • Founder and Director of the Brazilian Association of Students of Arbitration (ABEArb) (2011 - 2012).
  • Member of the Arbitration Commission of the Brazilian Bar - Rio de Janeiro Section. (2011 - present).
  • Member of the ICDR Young & International and ICC-YAF (2011 - present).
  • Member of LCIA – YIAG (Young International Arbitration Group) (2010 - present).
  • Coordinator and Assistant Coach of the Group of Studies in Arbitration and International Trade Law of the Pontifical Catholic University of Rio de Janeiro (2009 - 2012).
  • IV Curitiba Pre Moot (2012).
  • II Brazilian National Arbitration Moot (Competição Brasileira de Arbitragem) promoted by CAMARB (Câmara de Arbitragem Empresarial – Brasil) (2011).
  • XVIII Willem C. Vis International Commercial Arbitration Moot Finalist (2011).
  • I Veirano Moot Training (2010).