Fábio Peixinho Gomes Correa

Litigation & Arbitration

"With over twenty years of experience in both litigation and arbitration proceedings, São Paulo-based partner Fabio Peixinho Gomes Correa is skilled at handling cases before domestic and international arbitral bodies."

Legal 500

Overview

With more than 20 years of experience with complex disputes in Brazil and abroad, Fabio Peixinho is a trusted legal advisor, litigator and strategist for conflict resolution in the energy, construction, mergers and acquisitions, oil and gas, infrastructure, transportation, telecommunications, real estate, banking, securities, and agriculture sectors, among others. His extensive trial and appellate courts skills build upon his solid academic background in providing an accurate and strategic approach to obtain expedited and definitive judicial and arbitral awards. Clients look to him for national/international arbitrations, litigation before federal/state courts, and consensual dispute resolution methods – such as mediation and dispute boards.

In addition, clients turn to Fabio for complex disputes in the area of restructuring, bankruptcy and special situations, including restructuring of debts and impaired assets. His capabilities encompass out of court restructuring to maximize the recovery rate, as well as court proceedings to create alternative solutions. Fabio takes advantage of the firm’s global platform to offer transnational legal support in reorganization procedures.

Clients served by Fábio include Siemens Energy, Bunge, and CELSE/Eneva.

Experience

Counsel:

To a North American company in the acquisition of commercial points of a department store chain in bankruptcy.
To foreign banking institutions in the judicial reorganization process of a multinational food company.
To a company specialized in the travel industry in bankruptcy filings filed against a cell phone operator.
To a food company in a judicial recovery process, which involved the sale of impaired assets.
In an Arbitration Court set up to settle disputes related to a banking contract signed between a development bank and a foreign state-owned company.

To an energy company in its judicial recovery process, with approval and full compliance with the recovery plan.
To a cell phone operator in a lawsuit related to the fulfillment of a bank swap contract.
To a Brazilian investment fund manager in arbitrations related to corporate disputes in its investees.
To a company specialized in the graphic area in the renegotiation of complex banking contracts.
In a representation of the acquirer of an asset linked to a swap bank contract subject to judicial enforcement
In a AAA arbitration representing a Brazilian toy manufacturer in a dispute arising out of a distributor agreement entered into with a Danish supplier.
In a State Court litigation representing a Brazilian heavy farm machinery distributor in a dispute arising out of a distributor agreement entered into with an Italian/American manufacturer.
In Federal Court litigation representing a Brazilian energy group in a dispute arising out of environmental licenses challenged by Federal Prosecutors.
In administrative proceedings in the National Telecom Agency representing a Brazilian telecom group with regards to public concession agreements.
In a State Court litigation representing a Brazilian chemical distributor in a dispute arising out of a distributor agreement entered into with an American supplier.
In a CAM/CCBC arbitration representing Brazilian shareholders in a dispute arising out of an M&A agreement entered into with a Brazilian Communications group.
In an ICC arbitration representing a French hotels group in a dispute arising out of a joint venture agreement entered into with a Brazilian construction group.
In an ICC arbitration and State Court litigation representing Brazilian power transmission industries in a dispute arising out of a serious of agreements entered into with a German supplier.
In State Court litigation representing a Brazilian supermarket group in disputes arising out of lease agreements entered into with real estate investors.
In Federal Court litigation representing a Brazilian Pharmaceutical group in a dispute arising out of a public bid for technology transfer to manufacture medicine for complex diseases.
In CAM-CCBC arbitrations representing a Portuguese energy group in disputes arising out of EPC contracts entered into with a Brazilian oil & gas entity.
In Federal Court litigation representing a Brazilian energy group in a dispute arising out of an M&A agreement fined by the Brazilian Antitrust authority.
In a CIESP-FIESP arbitration representing a Brazilian Construction group in a dispute arising out of a partnership agreement entered into with a Brazilian real estate developer.
In State Court litigation representing a Brazilian software company in a dispute arising out of the breach of Intellectual Property rights by a German software company.
In Federal Court litigation representing a Brazilian paper manufacturer in a real estate dispute with the Brazilian Federal Union concerning reforestation projects.
In a CIESP-FIESP arbitration representing a Brazilian Investment group in a shareholder dispute within a Brazilian Port exploration company.
In a CAM/CCBC arbitration representing Brazilian shareholders in a dispute arising out of an M&A agreement relate to a Brazilian car tracking company.
In a CAM/CCBC arbitration representing Brazilian construction group in a shareholder dispute within a Brazilian power generation company.
In a Superior Court of Justice dispute representing a Brazilian maritime constructor in a dispute arising out of the enforcement of foreign awards required by a Brazilian oil & gas entity.
In a CIESP-FIESP arbitration representing a Brazilian Cement group in a dispute arising out of a port exploration agreement entered in to with a Brazilian port management corporation.
In ICC arbitration representing a Portuguese Construction group in a dispute arising out of an EPC Contract entered into with a Brazilian mining group.
In a FGV/RJ arbitration representing a Brazilian energy commercialization company in a dispute arising out of an energy purchase agreement entered into with a Brazilian energy group.
Other engagements include:
Secretary for an ICC Arbitral Tribunal appointed to decide a dispute arising out a finance agreement entered into between a Brazilian Public Bank and an Ecuadorian public entity.

Related Services & Industries

Services

Litigation & Arbitration

Industries

Publications & Presentations

Recognition

Recognized as Future Leader in Arbitration practice – Who’s Who Legal Global
Recognized in Brazil: Arbitration– Who’s Who Legal National
“Fabio Peixinho Gomes Correa is noted for his expertise in dispute resolution in the energy, construction, corporate, banking and real estate segments.” – The Legal 500
“With over twenty years of experience in both litigation and arbitration proceedings, São Paulo-based partner Fabio Peixinho Gomes Correa is skilled at handling cases before domestic and international arbitral bodies.” – The Legal 500
Recognized in Arbitration – Latin Lawyer 250

Recognized in Litigation – Latin Lawyer 250
Mentioned as Valuable Practice in Bankruptcy – Leaders League Brazil
Recognized in Dispute Resolution: Arbitration – Chambers & Partners Brazil
Recognized in Dispute Resolution: Arbitration – Chambers & Partners Global
"Fabio Peixinho is a committed lawyer and has a very good technical knowledge." – Chambers & Partners Brazil
Mentioned as Excellent in Dispute Resolution: Arbitration – Leaders League Brazil
Mentioned as Highly Recommended in Civil and Commercial Litigation – Leaders League Brazil
Recognized in Dispute Resolution: Arbitration – Chambers & Partners Global
Recognized in Restructuring/Insolvency – Latin Lawyer 250
"He is a trustworthy partner, very well prepared to execute the arbitration we are involved in” and "high level of technical knowledge and commitment." – Chambers & Partners Brazil
"Fabio demonstrated great experience handling complex matters” and market commentators highlighting that “he is a hands-on practitioner” - Chambers & Partners Latin America
“He is very experienced and highly recommended to work with” – The Legal 500
Mentioned as Excellent in Arbitration – Leaders League Brazil

Education

Regent University, LLM, American Legal Studies
University of São Paulo Law School, PhD, Civil Procedure
University of São Paulo Law School, Masters, Civil Procedure
University of São Paulo Law School, JD

Admissions

Brazil

Languages

English
Portuguese

Professional & Community Involvement

Professor of Law, Post Graduate Courses, University of São Paulo School of Law.
Professor of Law, Institutional Study Groups, Fundação Arcadas.
Member of the Brazilian Lawyers Bar, Sao Paulo Branch – OAB/SP.
Member of the Sao Paulo Lawyers Association – AASP.
Member of the Brazilian Institute for Procedural Law – IBDP.

Member of the Brazilian Arbitration Committee – CBAr.
Member of the Center for Advanced Studies in Procedure – CEAPRO.
Member of the Mediation and Arbitration Commission of the Brazilian.
Member of the Committee of the International Chamber of Commerce – ICC.
Member of the Brazilian Institute for Construction Law – IBDiC.
Member of the International Council for Commercial Arbitration – ICCA.