Gustavo Scheffer da Silveira

Gustavo represents clients in national and international arbitrations, focusing on disputes in the civil construction, energy and technology sectors. His experience includes representing:

• A Spanish EPC contractor and its Ivorian subsidiary, claimants in an ICC arbitration seated in Paris against the Ivorian subsidiary of a French company. The dispute relates to the construction of a combined-cycle power plant and the impacts of force majeure events on the performance of the works. French law is applicable to the merits of the dispute and French is the language of the proceedings.
• A major Brazilian infrastructure company and its subsidiary, claimants in a CAM-CCBC arbitration seated in São Paulo, against a French company and its Peruvian subsidiary. The dispute arises out of a share purchase agreement under which claimants transferred to respondents the control of a company holding concession rights in Peru. Brazilian law is applicable to the merits and English is the language of the arbitration.
• A Malaysian major oil and gas company, co-claimant in an ICC arbitration seated in Rio de Janeiro commenced by a major Brazilian state-controlled oil & gas company against the National Agency of Petroleum, Natural Gas and Biofuels (ANP) and four state entities. The dispute arises from a concession agreement for the exploration, development, and operation of a shallow-water oilfield located on the northeast of the Brazilian coast, and is related to the unification of oil fields by ANP.
• A Brazilian energy company in an ICC arbitration against two companies of an international group specializing in subsea services. The dispute is related to an EPC contract for the construction of the offshore and onshore installations of a thermal power plant at a port in northeastern Brazil. The arbitration is seated in São Paulo and the language of the arbitration is English.
• Three special-purpose vehicles controlled by a Canadian company and a power development-investment company headquartered in Qatar, in an ICC arbitration against the Brazilian subsidiary of the largest state-owned Chinese company operating in the renewable energy industry. The arbitration is seated in São Paulo and is related to an EPC contract for the construction of a solar power plant in Brazil.
•  A Peruvian subsidiary of a French company against the local water authority in an arbitration seated in Lima, Peru. The dispute is based on an EPC contract (FIDIC Silver Book) for the construction of a water treatment system for the city of Lima. Peruvian law is applicable to the merits of the dispute and the proceedings are conducted in Spanish.
• Two Brazilian and two Swiss subsidiaries of the world's largest steel producer, in an ICC arbitration seated in Geneva against a Swiss company, and its Brazilian subsidiary, which is one of the world’s largest producer of graphite electrodes. The dispute arises out of several take-or-pay contracts for the purchase of graphite electrodes. The merits of the disputes are governed by Swiss and Brazilian law respectively.
• A Brazilian oil and gas company, controlled by a US-based investment fund, in an ICC arbitration seated in Rio de Janeiro, Brazil. The dispute arises out of the concession agreement for the exploration, development, and operation of oil fields, located in the Santos Basin, in the Northeast of Brazil.
• A Brazilian renewable energy subsidiary of a US multinational conglomerate, respondent in a ICC arbitration seated in São Paulo commenced by the largest Brazilian wind turbine blade manufacturer. The dispute arises from a supply agreement. Brazilian law applies and Portuguese is the language of the proceedings.
• A Dutch subsidiary of the world’s leading marketing and communication conglomerate, in a CAM-CCBC (Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce) arbitration against three Brazilian executives engaged in the marketing and advertising sector. The dispute arises in relation to the acquisition of two digital and social media marketing agencies and the performance of earn-out provisions included in a quota purchase agreement.
• A Brazilian subsidiary of a major Spanish company in an ICC arbitration seated in São Paulo, Brazil, against the Dutch and Chinese vehicles of a Chinese solar panel manufacturer. The dispute is related to a supply agreement of photovoltaic solar modules for the construction of a solar power plant in Brazil. Brazilian law (including the CISG) applies and English is the language of the proceedings.
• A Brazilian affiliates of two multinational conglomerates operating in the renewable energy sector, in a CIESP/FIESP arbitration related to the construction of metal structures.

Gustavo’s experience as arbitrator:

• Co-arbitrator in an ICC arbitration involving the Latin American subsidiary of an European contractor against the local national road authority. The dispute is related to the construction of a road in a Latin American country and is based on the FIDIC Pink Book. The language of the arbitration is Spanish and the seat of the arbitration is Paris, France.
• Sole arbitrator in an ICC arbitration related to a contract for the manufacturing and construction of metal structures for a rig consolidation project. The seat of the arbitration was the city of São Paulo, Brazil, and Portuguese was the language of the arbitration.
• President of the arbitral tribunal in an arbitration under the ARBITAC Rules (Câmara de Mediação e Arbitragem da Associação Comercial do Paraná) related to the alleged breach of a non-compete clause by a former executive. The seat of the arbitration was the city of Curitiba, Brazil, and Portuguese was the language of the arbitration.

University of Paris II Panthéon-Assas, PhD, Private International Law and International Commercial Law

University of Paris II Panthéon-Assas, Master I, Private International Law and International Commercial Law

University of Paris II Panthéon-Assas, Private International Law

UniCuritiba, Bachelor of Law (JD equivalent)

• Brazil

• Member of the ICC ADR Centre Standing Committee
• Member of the List of Adjudicators of the Centro Nacional e Internacional de Arbitraje de la Cámara De Comercio de Lima
• Director of the Brazilian Institute for Construction Law - IBDiC, BrazilCoordinator of the ICC Brasil’s infrastructure committee
• Member of the Editorial Board of the Brazilian Arbitration Review (Revista Brasileira de Arbitragem)
• Member of the study group on “International Arbitration and Construction” of the French Arbitration Committee - CFA, France
• Member of the ICC’s Latin-American Arbitration Group
• Member of the Brazilian Arbitration Committee - CBAr, Brazil
• 2018-2021 Director of the Brazilian Institute for Construction Law - IBDiC, Brazil