Additional Specialized Areas of Focus

Brazil Disputes

Where Advocacy Meets Business

Brazil-related disputes have been the centerpiece of our practice and a core part of our firm since its founding over 15 years ago.

Our expertise in, and commitment to, Brazil are well-recognized in the Brazilian market and beyond.  We are the only U.S.-based boutique with the depth of experience to handle cases significantly conducted in Portuguese.  Our strong ties to the top Brazilian international arbitration and litigation practices reenforces our own standing with clients. In addition to Portuguese-speaking and Brazil-qualified attorneys, our team includes civil law-trained lawyers, thereby enhancing our understanding of the Brazilian legal system.

Our team members have 25 years of experience working on some of the leading Brazil-related disputes, including the first ICC case to test the then new Brazilian Arbitration Act and New York Convention.  Our expertise in Brazil spans several industries, including oil & gas, power generation/distribution, renewables, mining, and construction and infrastructure; as well as disputes arising out of M&A transactions, shareholder/JV agreements, distribution contracts and issues unique to SOEs.

We also represent and advise Brazilian clients in foreign award and foreign judgment recognition and enforcement proceedings, while our restructuring team has been active dealing with Brazilian creditors/debtors with a US nexus.

Chaffetz Lindsey’s deep familiarity with this region and its players, our nimble structure and team focus, and our uniquely international profile have allowed us to adapt to the various shifts of the Brazilian disputes market over the past decade, including most recently with tailored co-counseling representation.

REPRESENTATIVE MATTERS

Arbitration

  • Representing a Brazilian construction company in an ICC arbitration against the owner with combined claims of over US$150 million arising out of the design and construction of a floating production vessel, addressing complex issues of illegality/corruption, construction law scheduling and damages, and status of completion of the vessel.
  • Representing a Brazilian private equity firm in an ICC arbitration involving a US$100 million dispute with one of the world’s largest hedge funds.
  • Representing one of the largest Brazilian oil & gas companies, in an English-language ad hoc arbitration seated in Paris arising out of its role as operator under a JOA to explore off-shore hydrocarbon resources – a case recognized by Latin Lawyer as the 2021 Deal of the Year in the Disputes Category. The JOA was governed by Brazilian law.
  • Representing a Norwegian equipment supplier to secure a $100 million award for breach of a series of contracts executed between MHWirth and Jurong for the supply of complete drilling equipment packages for seven drill ships to be built by Jurong affiliates for Sete Brasil, a Petrobras affiliate.
  • Representing a Brazilian mining company in a US$300m dispute with a global investment bank arising out of the sale of mining assets in Colombia.
  • Representing a Brazilian construction company in an ICC arbitration seated in New York for the wrongful termination of a construction contract governed by New York law, securing an award of over US$100 million for the client.
  • Representing a Brazilian owner of a coal-fired power plant in a US$600m SCC arbitration under Brazilian law and with seat in Stockholm against a Chinese construction company.
  • Representing a Brazilian contractor in two ICC arbitrations against suppliers for disputes arising out of the collapse of a large drilling rig project in Brazil following the Car Wash scandal.
  • Representing a US energy company, as seller, in an ICC arbitration arising out of the US$3 billion sale of a basket of energy-related assets in Latin America including Brazil, defending claims from buyers alleging breaches of warranty related to financial disclosures/GAAP compliance, tax issues, and the impact of regulatory investigations.
  • Representing a Brazilian energy company, as buyer, in a dispute with an Argentine seller of oil and gas assets in
    several Latin American countries—a US$3 billion Latin Lawyer Deal of the Year – successfully settling hundreds of claims for breaches of warranty, indemnification, and fraud.

Contract and Claims Management

  • Assisting a Brazilian contractor in management of claims under two EPC contracts to build FPSOs from signature through delivery, to avoid arbitration and mitigate losses.
  • Advising a Brazilian contractor in resolving disputes with dozens of suppliers following the collapse of a large drilling rig project in Brazil.
  • Advising a Brazilian power plant developer on construction and engineering claims management, including managing dispute review boards.
  • Advising a Brazilian contractor in successfully negotiating US$80 million in change order requests in relation to the construction of an FPSO.
  • Advising an energy company to settle tax and regulatory indemnification claims following its sale of its equity in a Brazilian electricity distributor.
  • Advising, as part of a corporate restructuring, a US energy company on managing/settling over 40 litigations/arbitrations being conducted in various Brazilian fora.
  • Delivering in-house training to construction contractors on contract and claims management.
  • Advising a Brazilian SOE on possible international law liabilities arising out of accessing overseas capital markets.

Litigation / Judicial Restructuring

  • Representing a Brazilian energy-focused private equity firm in a Section 1782 action to collect evidence in Texas in support of action to pierce the corporate veil and enforce an arbitration award in Brazil.
  • Representing a Brazilian private equity firm in a Section 1782 action to collect evidence from US banks to establish fraud in the inducement in an ICC arbitration pending in Brazil.
  • Representing a Brazilian client in an action in New York state court for the recognition and enforcement of a Brazilian judgment, including an application in New York federal court under Section 1782 to obtain discovery relating to assets.
  • Advising creditors of several Brazilian entities subject to judicial restructuring on options in Chapter 15 actions.
  • Advising one of the largest Brazilian soybean processors in preparation of Section 1782 proceedings to depose individuals and collect documents from a leading US commodities supplier in support of client’s lawsuit in Brazil.
  • Advising Brazilian bank in efforts to intervene and collect evidence in ongoing Chapter 15 proceedings of large Brazilian retailer.

RECOGNITION

 

 

Chambers Brazil

 

 

Latinvex

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