Overview

Rodrigo Nikobin is an associate in the Litigation & Dispute Resolution practices of Tauil & Chequer Advogados in association with Mayer Brown in the São Paulo office. He advises and represents clients in complex litigation and arbitration matters.

Rodrigo acts on behalf of clients before the leading international arbitral institutions, including the ICC, LCIA, CAM/CCBC, CMA/FIESP, CAM/BM&F-BOVESPA, CAMARB and FGV. His experience encompasses the representation of national and foreign clients in commercial and corporate disputes related to a variety of industry sectors including energy, oil & gas, telecommunications, mining, intellectual property, and healthcare. He also serves as administrative secretary to arbitral tribunals in international and domestic arbitration proceedings. He regularly appears before the Brazilian Courts in ancillary arbitration-related proceedings (e.g., provisional measures, enforcement of domestic arbitral awards, challenge of arbitral awards).

Before joining Tauil & Chequer Advogados in association with Mayer Brown in 2018, Rodrigo worked as an associate with the litigation and arbitration practice of a leading full-service Brazilian firm focusing on corporate, finance, and capital-market related disputes. Prior to this, he worked as an associate with the international arbitration practice group of a Spanish-based international law firm representing clients in disputes in Latin-America and advising on strategy and claim preparation for construction-related potential arbitrations for several of the largest Spanish infrastructure, mainly in the energy sector.

He holds a bachelor’s degree in law and social sciences from the Pontifical Catholic University of Campinas, and conducted studies at the University of Buenos Aires as part of an exchange program in Latin-American studies and literature. Rodrigo holds a diploma in international commercial arbitration from Cornell University. He is fluent in English, Portuguese and Spanish and also speaks conversational Farsi.

As part of a Mayer Brown’s diversity and inclusion initiatives, Rodrigo serves as co-lead for the Racial and Ethnic Diversity committee for Brazil.

Spoken Languages

  • English
  • Portuguese
  • Spanish

Experience

Rodrigo current and recent relevant cases include the representation of:

  • Three special-purpose vehicles controlled by a power development and investment company headquartered in the Qatar, respondents in respondent in a ICC arbitration seated in São Paulo commenced by a Brazilian subsidiary of the largest state-owned Chinese company engaged in the construction of renewable energy projects. The dispute arises from an EPC agreement for the construction of a solar power plant located in the northeast region of Brazil. Brazilian law applies and Portuguese is the language of the proceedings.
  • Four Brazilian and Swiss subsidiaries of the world's largest steel producer, claimants in a ICC arbitration seated in Geneva against a Swiss company, and its Brazilian subsidiary, world’s largest producers of graphite electrodes. The dispute arises from several take-or-pay contracts for the purchase of graphite electrodes. Brazilian and Swiss law apply and English is the language of the proceedings.
  • Brazilian renewable energy subsidiary of an US multinational conglomerate, respondent in a ICC arbitration seated in São Paulo commenced by the largest Brazilian wind turbine blade manufacturer. The dispute arises from a supply agreement. Brazilian law applies and Portuguese is the language of the proceedings.
  • Barra Energia do Brasil Petróleo e Gás Ltda., respondent in a ICC arbitration seated in Rio de Janeiro commenced by Dommo Energia S.A. (formerly known as OGX). The dispute arises from the concession agreement for the exploration, development, and operation of the Atlanta e Oliva Fields (BS-4 Block), located in the Santos Basin. Brazilian law applies and English is the language of the proceedings.
  • Brazilian subsidiary of a major Spanish group engaged in the construction and energy sector, respondent in a ICC arbitration seated in São Paulo commenced by a Dutch vehicle and a Chinese vehicle controlled by leading Chinese manufacturer of automotive equipment. The dispute arises from an supply agreement for photovoltaic solar modules. Brazilian law applies and English is the language of the proceedings.
  • Brazilian subsidiary of an Italian-Argentine steel-making conglomerate, claimant in a ICC arbitration seated in Rio de Janeiro against the Brazilian subsidiary of a Swiss company engaged in the production and distribution of electro technical equipment. The dispute arises from an EPC agreement for the construction of the power facilities for an integrated steel mill plant owned by the claimant and deals with various works defects claims related to switchgears supplied by the respondent. Brazilian law applies and English is the language of the proceedings.
  • Dutch-subsidiary of the world’s leading marketing and communication conglomerate, respondent in a CAM-CCBC (Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce) arbitration initiated by three Brazilian top-ranked executives engaged in the marketing and advertising sector. The dispute arises from the acquisition of two digital and social media marketing agencies and relates to the performance of earn-out provisions included in a quota purchase agreement entered between the claimants and the respondent.
  • Bermuda-incorporated subsidiary of a Norwegian-based global maritime group involved in shipping, floating gas infrastructure and deepwater oil and gas production, claimant in a ICC arbitration seated in New York against a Dutch-subsidiary of the major Brazilian state owned oil and gas company. The dispute arises from an EPC Contract for the Floating Production Storage and Offloading (FPSO). Brazilian law applies and English is the language of the proceedings.
  • Barra Energia do Brasil Petróleo e Gás Ltda., respondent in a UNCITRAL arbitration administered by the LCIA, 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.
  • Renewable energy subsidiary of one of the largest Chinese 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 a LMAA (London Maritime Arbitrators Association) arbitration seated in London against a Canadian-based 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 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.
  • Brazilian subsidiary of a German-based company engaged in the manufacture of hydraulic equipment for hydropower plants, as claimant, in a FGV arbitration seated in São Paulo. The dispute arose out of an EPC Contract for the construction of a 140 MW hydroelectric power plant (“HHP”) in the state of Minas Gerais, Brazil, and dealt with a reimbursement claim for the costs incurred with the repair of two bulb hydro turbines affected by lightning strikes that hit the HHP’s premises. The employer, respondent in the arbitration, submitted a counterclaim seeking compensation for the costs arising out of regulatory impacts caused by the power output deficiency (e.g., impact on the FID/spot market exposure). Brazilian law applied and Portuguese was the language of the proceedings.*
  • Brazilian company engaged in the construction of hydropower projects located, as claimant, in a CMA-FIESP/CIESP arbitration seated in São Paulo against special-purpose entities controlled by a joint-venture between a French-subsidiary and other Brazilian small energy players. The dispute arose from an EPC agreement for the construction of 3 small hydropower projects in the State of Rio Grande do Sul, Brazil. The matter dealt essentially with the following construction claims: schedule delays; change orders in the executive project — mainly to spillway and power house’s works; and misapplication of the escalation formula. Brazilian law applied and Portuguese was the language of the proceedings.*
  • Two European-based companies engaged in the distribution of medical supplies as Respondents in a ICC arbitration seated in São Paulo brought by a Brazilian company. The dispute arises from the share purchase agreement. Brazilian law applied and the proceedings were conducted in English language.*
  • Represented a Brazilian subsidiary of a Dutch oil company in a LCIA arbitration seated in Rio de Janeiro. The dispute arose from a farm-out agreement related to the sale of participating interest in concession agreements for the exploration of oil fields located in the Campos Basin, offshore Brazil. Brazilian law applied to merits of the dispute and the proceedings were conducted in English language.*
  • Brazilian group of company engaged in the logistics sector in a CAM/CCBC (Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada) arbitration seated in Rio de Janeiro. A multi-party arbitration arising out of several share purchase agreements and shareholders agreements entered in the context of a M&A transaction. The dispute involved over 15 parties in 4 parallel arbitration proceedings conducted by different arbitral tribunals. Brazilian law applied and the proceedings were conducted in Portuguese language.*
  • Two European-based subsidiaries of  an Italian major telecommunication player in a CAM/BM&F-BOVESPA arbitration seated in Rio de Janeiro brought by Brazilian companies. Brazilian law applied and the proceedings were conducted in Portuguese language.*
  • Spanish subsidiary of a US company engaged in the manufacture and supply of automotive and industrial equipment in a ICC arbitration seated in Madrid. The dispute arose from an agency agreement involving airport equipment for a tender offer launched by a North African country. Spanish law applied and the proceedings were conducted in English language.*
  • Represented a European-based producer and distributor of branded spirits in Central and Eastern Europe in an ad hoc arbitration seated in Geneva launched against a Brazilian company. The dispute arose from a trademark license agreement and the arbitration was conducted simultaneously to 3 parallel court proceedings, in Brazil and Switzerland. Swiss law applied and the proceedings were conducted in English language.*
  • Rodrigo’s significant experience as administrative secretary includes:
  • ICC arbitration seated in Rio de Janeiro commenced by a Brazilian-subsidiary of a Korean engaged in construction and engineering services (subcontractor) against a Brazilian-subsidiary of a Korean engaged in construction and engineering services (Contractor). The dispute arose from an EPC Contract for the construction of a USD 4,3 billion steel mill plant located in the north-eastern region of Brazil. Brazilian law applied and English was the language of the proceedings.*
  • CMA/FIESP-CIESP arbitration seated in São Paulo commenced by a Brazilian company engaged in construction projects against the Brazilian-subsidiary of a Canadian-based group engaged in the exploration and development of gold in the state of Minas Gerais, Brazil. The dispute arose from a supply and assembly contract for electromechanical equipment for a gold mining plant. Claimant sought compensation for extra costs incurred as a result of schedule delays arising out of the employer’s mismanagement works. The parties essentially disputed rules laid down in the Project Management Body Of Knowledge - Construction Projects Extension and related standard-matters. Brazilian law applied and Portuguese was the language of the proceedings.*
  • ICC arbitration seated in Santiago commenced by a Chilean-subsidiary of a US-incorporated company engaged in the construction and operation of solar power plants against a US company engaged in the manufacture of PV solar energy solutions. The dispute arose from an EPC Contract for the construction of a 140 solar photovoltaic power plant in the Atacama Desert region – the PV solar power plant in Latin America. Chilean law applied and English was the language of the proceedings.*
  • ICC arbitration seated in São Paulo commenced by a Brazilian-controlled company owner of certain wind power plants located in the seashore of the northeast region of Brazil against an Argentine-based wind power turbine manufacturer and project developer. The dispute arose from an EPC Contract for the construction of a 100 MW wind power farm and dealt with various works defects and non-conformity claims. Brazilian law applied and English was the language of the proceedings.*

*Matter handled prior to joining Tauil Chequer Advogados in association with Mayer Brown.

Education

University of São Paulo, LLM, International Trade Law (Candidate)

Cornell University, LLM, Specialization in International Commercial Arbitration

Pontifical Catholic University of Campinas, Bachelor in Law and Social Sciences

Instituto Cervantes, Diploma, de Español como Lengua Extranjera – Maestria

University of Buenos Aires, Exchange Program in Latin-American Studies and Literature

University of Cambridge, Certificate of Proficiency in English

Admissions

Bar

  • Brazil

Memberships

  • Member of the Comitê Brasileiro de Arbitragem (CBAr)
  • Member of the ICC Young Arbitrators’ Forum (ICC YAF) 
  • Member of the Young and International Arbitration Group (YIAG) 
  • Member of the ICDR Young & International