"a well-qualified and knowledgeable lawyer"
Chambers Latin America

Overview

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 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 LL.M degree in International Arbitration from the University of Cambridge and an LL.M 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, appointed by the Brazilian National Comitee.

Gustavo co-coordinates the Study Group on Arbitration, Mediation and State Entities of the Brazilian Arbitration Comitee (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.

Areas of Focus

Spoken Languages

  • Portuguese
  • English
  • Italian

Experience

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

  • Barra Energia do Brasil Petróleo e Gás Ltda. in a LCIA/UNCITRAL arbitration 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 and English is the language of the proceedings.
  • Brazilian subsidiary of an Italian-Argentine steel-making conglomerate in a ICC arbitration seated in São Paulo against a company engaged in the production and distribution of electro technical products. The dispute arises from an EPC agreement for the construction of power facilities for an integrated steel mill plant owned by the Claimant. Brazilian law applies and English is the language of the proceedings.
  • Renewable energy subsidiary of one of the largest Brazilian 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 LMAA (London Maritime Arbitrators Association) arbitration seated in London against a Canadian 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 (London Court of International Arbitration) 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.

Education

Cambridge University, LLM

University of Pennsylvania, LLM

Universidade Federal Fluminense (UFF), BA in Law

Admissions

Bar

  • Brazil
  • "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
  • "Experienced litigators and arbitrators Gustavo Fernandes and Roberto Figueiredo joined from Sergio Bermudes Advogados." Latin Lawyer 250 2016 - Litigation