Marcel Engholm Cardoso

Marcel practiced in Brazil for five years at Souto Correa Advogados before joining Chaffetz Lindsey in New York in 2019.

He has pursued legal studies in some of the largest established and emerging arbitration hubs. He has a law degree from Pontifical Catholical University of Sao Paulo with part of his graduate studies having been conducted at SciencesPo Paris, he has obtained a Masters in Civil Procedure from the University of Sao Paulo and an LL.M. in International Business Regulation, Litigation and Arbitration from New York University. He has also completed international arbitration courses at the University of Miami and the London School of Economics.

He is actively involved in the international arbitration community, publishing and speaking frequently on various arbitration-related topics. He currently sits as Secretary for the New York International Arbitration Center (NYIAC) Program Committee.

He speaks English, French, Portuguese, and Spanish.

• Represented a Brazilian owner in a Stockholm seated SCC arbitration related to the construction of a coal-fired power plant.
• Represented a government-owned Asian corporation in an Istanbul seated ad hoc arbitration under the UNCITRAL rules related to the installation of a turbine in a hydropower plant
• Represented a Brazilian oil & gas corporation in a New York seated ICC arbitration related to the construction of modules for an oil rig.
• Represented a Brazilian oil & gas corporation in a Sao Paulo seated CCBC arbitration related to its acquisition by a Canadian group.
• Represented a U.S. insurance carrier in a New York seated arbitration related to captive reinsurance.
• Represented a U.S. insurance carrier in a New York seated arbitration against its reinsurers for equipment breakdown coverage.
• Represented a consortium in a Sao Paulo seated ICC arbitration related to the construction of a power plant in Brazil.
• Represented a Machinery Industry association in a Sao Paulo seated CCBC arbitration related to unfair competition.
• Represented a U.S. mining company in the District of New Mexico in a dispute surrounding efforts to explore a mine.
• Represented a U.S. aviation company in the Southern District of New York in a breach of contract claim related to the sale of aircraft.
• Represented a U.S. insurance carrier in the Southern District of New York in a dispute involving its acquisition of another insurance company.
• Represented an African State in the District Court for the District of Columbia in proceedings to enforce an investment arbitration award.
• Represented a Brazilian company in 28 U.S.C. § 1782 discovery proceedings in the Southern District of Texas.
• Represented an Asian technology manufacturer in a class action in Sao Paulo State Courts related to warranty coverage for products purchased abroad.
• Represented a Brazilian commercial airline in a class action in the Brasilia Court of Appeals related to the lawfulness of using a no-show policy.
• Represented a French cable manufacturer in negotiations for the supply of a Brazilian shipyard.

• The Central Importance of the Seat in Online Dispute Resolution, in BCDR International Arbitration Review (2023) (Co-Author).
• Terms of Reference, procedural rules, and pleadings, in CPR Corporate Counsel Practical Guide for Arbitration in Brazil (2022) (Co-Author).
• NYIAC Grand Central Forum: Double-Hatting and the ICSID-UNCITRAL Draft Code of Conduct for Adjudicators in International Investment Dispute, Kluwer Arbitration Blog (2022) (Co-Author).
• ICCA Survey on a Right to a Physical Hearing in International Arbitration: Reports are out from the U.S. Australia, Italy and Vietnam, 14-1 New York Dispute Resolution Lawyer 63 (Spring 2021) (Co-Author).
• United States of America Report, in ICCA Survey Right to a Physical Hearing in International Arbitration (2020) (Co-Author).
• New York Arbitration Week Revisited: Perspectives from the Annual Fordham International Arbitration and Mediation Conference, Kluwer Arbitration Blog (2020) (Co-Author).
• Practical Considerations for Holding a Remote Arbitration Hearing, 13-2 New York Dispute Resolution Lawyer 14 (Summer 2020) (Co-Author).
• Impecunious Parties in International Commercial Arbitration, 36 Arbitration International 123 (March 2020).
• Arbitration and Third-Party Funding, [“Arbitragem e Financiamento por Terceiros” – Portuguese] (Book) (2020).
• “New Technologies and the Legal Profession“, NYU Journal of Law & Business (April 2019).
• “Third Party Arbitration Funding of Corporate Disputes” [“Financiamento de Arbitragens em Litígios Societários” – Portuguese], Centro de Estudos das Sociedades dos Advogados (2017).
• “Effects of, and third parties’ standing to challenge, arbitral awards” [“Limites Subjetivos da sentenca arbitral e legitimidade do terceiro para ajuizar ação anulatória” – Portuguese], A Reforma da Arbitragem (2016).

• “Considerations about the seat of arbitration”, III Georgetown Brazilian Arbitration Day; Speaker (January 2024).
• “Justice at a Crossroads: between commodification and algorithmization,” Universite Cote d’Azur, Speaker (November 2023).
• “Efforts and Perspectives on Third Party Funding Regulation [“Tentatives et Perspectives de Régulation – Approche Comparée”], Université Côte d’Azur; Speaker (November 2023).
• “UNIDROIT Principles and International Arbitration », CBAr International Arbitration Conference ; Speaker (September 2023).
• “Rapid Fire” [Fireman’s Fund v. OneBeacon, 49 F.4^th 105 (2d Cir. 2022)], ARIAS Fall Conference ; Speaker (November 2022).
• “Young Arbitration Practitioners’ Careers”, Comitê de Jovens Arbitralistas do Centro Brasileiro de Mediação e Arbitragem; Speaker (December 2021).
• “Identifying the Law Applicable to the Arbitration Agreement”, ICDR Young & International Webinar; Moderator (November 2021).
• “Does a Right to a Physical Hearing Exist in International Arbitration? Comparative analysis of Brazil and U.S. findings”, CAM-CCBC / NYU-BLS Webinar; Speaker (May 2021).
• “Third Party Funding in International Arbitration”, Advanced Skills in International Arbitration, Speaker, Pontifical Catholic University of Sao Paulo (November 24, 2017).
• “Third Party Funding in France: a model for Brazil“, Le droit comparé comme perspective, Speaker Société de législation compare (November 7, 2017).
• “Third Party Arbitration Funding in Brazil”, INOVARB Novas Perspectivas sobre a Prática de Arbitragem, Speaker, American Chamber of Commerce for Brazil (May 17, 2017).