Overview

João Marçal Martins is a senior associate in the Litigation & Dispute Resolution practice of Tauil & Chequer Advogados in association with Mayer Brown in the São Paulo office. He has experience in disputes and negotiations related to public and commercial issues. João is also a lecturer, member of professional organizations and has published several articles and book chapters regarding international arbitration and international trade law.

Areas of Focus

Experience

  • Coordinated a litigation team in an environmental crisis management to represent a foreign client in civil inquiries, class actions, parliamentary inquiry committees, and negotiation of settlement agreements with the Prosecutor Offices.
  • Represented corporations in the telecommunications sector in class actions against the Public Administration.
  • ICC proceedings in a dispute of US$ 10 billion regarding an oil and gas concession agreement entered into with the Brazilian Oil Agency.
  • FGV proceedings in a dispute of US$ 150 million regarding the construction of a hydroelectric power plant.
  • Represented several clients, including not only contractors, but also contracted parties in arbitrations regarding infrastructure projects before the ICC and the main Brazilian arbitral chambers (CAM-CCBC, CAMARB, FGV-RJ, CIESP-FIESP and CBMA).
  • Represented an American client in four arbitration proceedings before CAM-CCBC involving US$ 300 million regarding two joint ventures in Brazil.
  • Represented a pharmaceutical company in an M&A arbitration before CBMA. In parallel, acted in two interim measures related to the arbitration.
  • Represented a thermoelectric company in arbitral proceedings before CBMA. The issue in dispute was the application of a decree by the State Agency vis-a-vis the agreement entered into between the parties.
  • Represented a power distribution company in arbitral proceedings before FGV Chamber regarding an energy supply agreement.
  • Represented a power generation company in arbitral proceedings regarding the construction of a power plant before FGV Chamber.
  • Represented an airline company in several damages lawsuits filed by the families of the victims of the worst commercial plane crash in Brazilian aviation history.
  • Represented a pharmaceutical company in several disputes, including: (i) four class actions; and (ii) eight individual damages lawsuits regarding product liability.
  • Represented the world’s leading manufacturer of home appliances in several disputes, including: dealership and distribution lawsuits, class actions, environmental and consumer issues, civil inquiries and labor lawsuits involving medical epidemiology claims.
  • Represented a big company of the energy sector in an M&A dispute regarding hidden liabilities, as well as several enforcement actions of contracts of sale of energy.
  • Represented a big company of the energy and automation sector in disputes involving public bids, dealerships and distributors.
  • Represented an investment company in interim measures filed before the arbitral proceedings, which discussed the transfer of hidden liabilities and the exchange of shares arisen from an M&A.
  • Represented a company of the energy sector to negotiate EPC contracts to construct FPSO (floating production, storage and offloading) vessels.

Admissions

Bar

  • Brazil

Memberships

  • Member and Young Members’ Group Ambassador of the Chartered Institute of Arbitrators (CIArb) (2018 - present).
  • Vice Chair, Special Projects, ABA Section of International Law, International Courts and Judicial Affairs Committee (2018 - present).
  • International Associate Editor, Journal of International Law, Vol. 38, University of Pennsylvania (2016 - 2017).
  • Founding member and former director of Penn Law International Arbitration Association (2016 - 2017).
  • Member of the Brazilian Institute of Private Law (IDP). (2016 - present).
  • Lecturer of Arbitration and Negotiation at the Superior School of Law of the Brazilian Bar Association (Rio de Janeiro Section) (2014 - present).
  • Member of the Young Practitioners of the Brazilian Bar Association (Rio de Janeiro Section)(2015 - present).
  • Founding member of the Brazil Infrastructure Institute (2013 - present).
  • Founder and Director of the Brazilian Association of Students of Arbitration (ABEArb) (2011 - 2012).
  • Member of the Arbitration Commission of the Brazilian Bar - Rio de Janeiro Section. (2011 - present).
  • Member of the ICDR Young & International and ICC-YAF (2011 - present).
  • Member of LCIA – YIAG (Young International Arbitration Group) (2010 - present).
  • Coordinator and Assistant Coach of the Group of Studies in Arbitration and International Trade Law of the Pontifical Catholic University of Rio de Janeiro (2009 - 2012).