Arbitration

Barbieri Advogados acts in arbitration as a specialised practice, representing parties in institutional and ad hoc proceedings, both domestic and international. The practice combines a solid academic background in procedural law and arbitration with regular institutional involvement in the principal Brazilian arbitration centres — among them, the Centre for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce (CAM-CCBC), the Brazilian Business Mediation and Arbitration Chamber (CAMARB), the Arbitration Chamber of the Federation of Industries of Rio Grande do Sul (CAMERS/FIERGS), and the Arbitration Centre of OAB-RS — and in arbitrations conducted under the rules of foreign institutions, with particular emphasis on the rules of the International Chamber of Commerce (ICC).

The practice is structured around three main pillars. In party representation in arbitral proceedings, the firm conducts cases in institutional and ad hoc arbitrations, in disputes involving commercial contracts, corporate transactions, construction and infrastructure contracts, energy and utilities contracts, distribution and franchise contracts, and international contracts. In court measures in support of arbitration, the firm acts on urgent pre-arbitral measures and interim measures during arbitration, cartas arbitrais (judicial cooperation orders in support of arbitration), actions for the enforcement of arbitral awards, and ações anulatórias (annulment actions against arbitral awards), before the competent Brazilian courts. In structuring and prevention, the firm drafts arbitration clauses, tiered dispute resolution mechanisms (med-arb, dispute boards) and related instruments in commercial contracts. The firm also conducts mediation and structured negotiation procedures in matters where consensual resolution proves appropriate.

In matters of recognition of foreign arbitral awards, the firm acts before the Superior Tribunal de Justiça (STJ — Brazilian Superior Court of Justice). The practice works in close coordination with International Contracts, German Office and China Desk on disputes involving foreign parties, and with Corporate and Restructuring and Insolvency on disputes involving significant commercial transactions.