Gustavo Fernandes is regarded "a well-qualified and knowledgeable lawyer" with "experience in assisting leading corporations in domestic and cross-border arbitration issues."
Chambers Latin America

Aperçu

Gustavo Fernandes de Andrade is a partner in the Litigation & Arbitration practices of Tauil & Chequer Advogados in association with Mayer Brown in the Rio de Janeiro office. He has over 20 years of experience representing clients before Brazilian federal and state courts and serving as lead counsel in both domestic and international arbitration proceedings held under the auspices of the rules of the principal arbitration institutions in several venues around the globe, including ICC, LCIA, CAM-CCBC, CIESP/FIESP, FGV, CAMARB, CBMA, as well as in ad hoc proceedings and under the UNCITRAL Arbitration Rules.

Trained in both civil and common law, Gustavo's experience encompasses the representation of clients in commercial and corporate disputes related to a variety of industry sectors, including intellectual property; telecommunications, oil & gas; energy; and, mainly, engineering and construction projects, for which he is nationally acclaimed for the depth of his knowledge and exceptional capabilities on this subject matter. Gustavo also advises and represents clients in ancillary arbitration-related lawsuits, including recognition and enforcement of foreign arbitral awards applications with the Superior Court of Justice of Brazil.

He holds an LLM degree in International Arbitration from the University of Cambridge and an LLM degree on International Comparative Law from the University of Pennsylvania (UPenn).

He regularly serves as tribunal chairman, sole arbitrator and party-appointed arbitrator, in the list of arbitrators of the Brazilian major arbitration chambers, namely the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC); the Chamber of Conciliation, Mediation and Arbitration CIESP-FIESP; the Business Arbitration Chamber of Brazil (CAMARB), where he also serves as member of the Board of Directors. He is also member to the ICC Commission on Arbitration and ADR.

Gustavo co-coordinates the Study Group on Arbitration, Mediation and State Entities of the Brazilian Arbitration Committee (CBar) and regularly speaks in conferences and seminars on arbitration, with particular emphasis on Arbitration Involving State or State Entities and on Foreign Investment Protection, topics on which he has published several journal articles and book chapters.

Recent examples of his work in the energy and natural resource areas include representing Barra Energia do Brasil Petróleo e Gás Ltda. in the leading arbitration-matter dealing with the validity and enforcement of a forfeiture provision contained in JOA (AIPN Model Contract) governed by Brazilian law. Consistent with the approach followed by the arbitral tribunal, 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 (i.e., USD 654 million value asset according to the defaulting party’s estimate). This is leading and important case for the sector given the industry’s concerned risk that the default provisions might prove unenforceable, and has been widely covered by national and international O&G specialized press accordingly.

Langues

  • Portugais
  • Anglais
  • Italien

Expérience

Representative Energy and Natural Resource Matters

Mr. Fernandes current and recent relevant cases include the representation of:

  • Three special-purpose vehicles controlled by a power development and investment company headquartered in the Qatar, respondents in respondent in a ICC arbitration seated in São Paulo commenced by a Brazilian subsidiary of the largest state-owned Chinese company engaged in the construction of renewable energy projects. The dispute arises from an EPC agreement for the construction of a solar power plant located in the northeast region of Brazil. Brazilian law applies and Portuguese is the language of the proceedings.
  • Four Brazilian and Swiss subsidiaries of the world's largest steel producer, claimants in a ICC arbitration seated in Geneva against a Swiss company, and its Brazilian subsidiary, world’s largest producers of graphite electrodes. The dispute arises from several take-or-pay contracts for the purchase of graphite electrodes. Brazilian and Swiss law apply and English is the language of the proceedings.
  • Brazilian renewable energy subsidiary of an 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.
  • Barra Energia do Brasil Petróleo e Gás Ltda., respondent in a ICC arbitration seated in Rio de Janeiro commenced by Dommo Energia S.A. (formerly known as OGX). The dispute arises from the concession agreement for the exploration, development, and operation of the Atlanta e Oliva Fields (BS-4 Block), located in the Santos Basin. Brazilian law applies and English is the language of the proceedings.
  • Brazilian subsidiary of a major Spanish group engaged in the construction and energy sector, respondent in a ICC arbitration seated in São Paulo commenced by a Dutch vehicle and a Chinese vehicle controlled by leading Chinese manufacturer of automotive equipment. The dispute arises from an supply agreement for photovoltaic solar modules. Brazilian law applies and English is the language of the proceedings.
  • Brazilian subsidiary of an Italian-Argentine steel-making conglomerate, claimant in a ICC arbitration seated in Rio de Janeiro against the Brazilian subsidiary of a Swiss company engaged in the production and distribution of electro technical equipment. The dispute arises from an EPC agreement for the construction of the power facilities for an integrated steel mill plant owned by the claimant and deals with various works defects claims related to switchgears supplied by the respondent. Brazilian law applies and English is the language of the proceedings.
  • Barra Energia do Brasil Petróleo e Gás Ltda., respondent in a UNCITRAL arbitration administered by the LCIA, seated in Paris, initiated by Dommo Energia S.A. The dispute arises from the performance of a joint operating agreement for the exploration, development, and operation of an oilfield located in the Santos Basin. Brazilian law applies, English is the language of the proceedings, and the case is administered by the LCIA.
  • Renewable energy subsidiary of one of the largest Chinese players for power generation, distribution, and retail in a CAM-CCBC (Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada) arbitration seated in São Paulo against a sugar cane mill owner. The dispute arises from the performance of a consortium agreement for the generation and sale of the energy produced by a biomass plant owned by the claimant. Brazilian law applies and Portuguese is the language of the proceedings.
  • Brazilian subsidiary of a Paris-based group engaged in the development of systems for railway transportation in a CAM-CCBC (Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada) arbitration seated in Rio de Janeiro against a state-owned public transportation company. The dispute arises from a rolling stock supply agreement related to the construction of the system of light rail vehicles in the City of Rio de Janeiro. Brazilian law applies and Portuguese is the language of the proceedings.
  • Brazilian steel producer in a LMAA (London Maritime Arbitrators Association) arbitration seated in London against a Canadian-based company engaged in mining crushed and broken limestone. The dispute arose from a supply agreement for the sale and purchase of high calcium limestone. English law applied and English was the language of the proceedings.
  • Chinese oil and gas major player as respondent in a LCIA arbitration seated in London initiated by a Brazilian company engaged in the construction of construction of onshore and offshore pipelines. The dispute arises from an EPC agreement for the construction of a gas-pipeline in the state of Bahia, Brazil. Brazilian law applies and English is the language of the proceedings.

Other Representative Matters

  • Dutch-subsidiary of the world’s leading marketing and communication conglomerate, respondent in a CAM-CCBC (Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce) arbitration initiated by three Brazilian top-ranked executives engaged in the marketing and advertising sector. The dispute arises from the acquisition of two digital and social media marketing agencies and relates to the performance of earn-out provisions included in a quota purchase agreement entered between the claimants and the respondent.
  • Bermuda-incorporated subsidiary of a Norwegian-based  global maritime group involved in shipping, floating gas infrastructure and deepwater oil and gas production, claimant in a ICC arbitration seated in New York against a Dutch-subsidiary of the major Brazilian state owned oil and gas company. The dispute arises of an EPC Contract for the Floating Production Storage and Offloading (FPSO). The main claim relates to compensation additional costs incurred in connection with the construction works of the FPSO.
  • Brazilian investor engaged in the paper and cellulose industry, respondent in a CAMCCBC (Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada) arbitration seated in São Paulo, against the largest pulp and paper company in Latin America. The dispute arises from the share purchase agreement. Brazilian law applies and Portuguese is the language of the proceedings.

Formation

Cambridge University, LLM

University of Pennsylvania, LLM

Universidade Federal Fluminense (UFF), BA in Law

Inscriptions au Barreau

Barreau

  • Brazil
  • Gustavo Fernandes de Andrade is "very business-oriented and has an exceptional knowledge of the law," says a source. The same interviewee adds: "He assisted us with a dispute arising from a service agreement. The case has been properly conducted from the technical perspective and the strategy has been successful." – Chamber Global 2020
  • "[Arbitration] Practice head Gustavo Fernandes, who earns plaudits from clients for his quick and innovative thinking. Tauil & Chequer’s team in this field has been growing its profile in recent years owing to its work in high-stakes mandates before the main arbitration institutions in Brazil and abroad. The group is particularly visible handling mining, oil and gas, energy, and construction disputes.”  - Latin Lawyer 250 2020 – Arbitration
  • Recognised at Leaders League 2020: Arbitration - Law Firms Brazil - as Highly Recommended
  • "He assisted us with a dispute arising from a service agreement. The case has been properly conducted from the technical perspective and the strategy has been successful." Chambers Latin America 2020
  • Recognised at LACCA: Thought Leaders 2019 and 2020 in Litigation area.
  • Recognised at Leaders League Brazil Best Counsel 2018 as Valuable Practice in Arbitration and Civil & Commercial Litigation areas.
  • Recognised at LACCA Approved 2020, 2019 and 2018 - Litigation.
  • "He is very technically proficient." Chambers Latin America and Chambers Global, 2019
  • Legal 500 Latin America – 2019 – Dispute Resolution: Brasil
  • Gustavo Fernandes earns plaudits from one satisfied client for his “new ideas, know-how” and ability “to answer to requests very quickly” Latin Lawyer 250, 2019
  • Análise Advocacia 2019 – Arbitration (Tier 1)
  • "a well-qualified and knowledgeable lawyer" Chambers Latin America, 2018
  • "is well regarded for his experience assisting leading corporations in domestic and cross-border arbitration issues." Chambers Latin America 2017 - Arbitration
  • "He has shown great knowledge of international arbitration matters and helped us to develop valuable strategies for a complex case." Chambers Latin America 2017 - Arbitration
  • "Experienced litigator and arbitrator: Gustavo Fernandes" Latin Lawyer 250 2016 – Litigation
  • "Experienced litigators and arbitrators Gustavo Fernandes and Roberto Figueiredo." Latin Lawyer 250 2018 - Litigation
  • "is well regarded for his experience assisting leading corporations in domestic and cross-border arbitration issues." Chambers Latin America 2017 - Arbitration
  • "He has shown great knowledge of international arbitration matters and helped us to develop valuable strategies for a complex case." Chambers Latin America 2017 - Arbitration