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São Paulo

Contract Drafting and International Arbitration

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Panel discussion

Wednesday, 19 February 2025 09:30 to 12:00, 

CNI Auditorium Rua Surubim, 504

São Paulo

Brazil

Panel:

  • Arthur B. Penteado

  • Carlos Lima

  • Cláudio Mattos

  • Francisco Müssnich

  • Juliana K. Pela

  • Karin Yamauti

  • Marina Copola

  • Thiago Moreira

Moderators:

  • Giuditta Cordero-Moss

  • Cristiano Zanetti

Opening:

  • Débora Visconte

and concluding remarks:

  • Patrícia de Figueiredo Ferraz

The panel discussion

A panel discussion among transactional lawyers who regularly draft and negotiate international commercial contracts. Questions and comments from the audience will be welcome after the panel discussion.

 

The purpose of the discussion was to contribute material and experience on contract clauses whose construction has proven to be uncertain, clauses that are meant to be interpreted faithfully, clauses that will probably be read in the light of the governing law, etc. The panelists will discuss among others the circumstances under which these clauses are drafted, and the expectations of the drafters when they insert them into the contract.

This discussion is one in a series of workshops organized in Oslo, Rome, Paris, New York, London, Vienna, Sao Paolo and Singapore. It is part of an empirical research project which verifies whether international contracts are construed uniformly in arbitration, or whether legal traditions play a role even though the frame is international.

Panelists

Arthur B. Penteado is head of Corporate Department at Machado Meyer Advogados. He has more than 25 years of experience in M&A, private equity, capital markets, and corporate reorganizations.

Carlos Lima is a seasoned partner at Pinheiro Neto Advogados, specializing in M&A, private equity, complex corporate matters, structured finance, privatization processes, estate planning and corporate governance matters.

Cláudio Mattos is partner of the Commercial Agreements and Negotiations, Life Sciences, and Sports and Entertainment Departament at Demarest Advogados, with vast international experience.

 

Cristiano Zanetti is a professor at University of São Paulo, in Brazil. He is Vice-Chair of ICC Global Commission on Arbitration and ADR and has served either as arbitrator or legal expert in over two hundred arbitrations.

Débora Visconte is President of Comitê Brasileiro de Arbitragem - CBAr and a Court Member of the International Chamber of Commerce – ICC. She has extensive experience as arbitrator in a variety of issues.

Francisco Müssnich is a founding partner of BMA Advogados, recognized by his experience in providing strategic advice in wide range of corporate matters and in highly complex M&A transactions.

Giuditta Cordero-Moss is a professor at Oslo University, in Norway. She is former corporate lawyer and serves as arbitrator in international disputes since 2002.

 

Juliana K. Pela is a professor at University of São Paulo Law School and partner at Advocacia Krueger Pela.

Karin Yamauti is an attorney specializing in Infrastructure & Energy. She has been involved in some of the most significant transactions in the field of project development and financing, covering several sectors of the economy.

Marina Copola is Commissioner at the Securities and Exchange Commission of Brazil – CVM, LL.M. by Columbia Law School and Master by the University of São Paulo. She is a member of the São Paulo and New York Bar Associations.

 

Patrícia Figueiredo Ferraz is Regional Director for Latin America for Arbitration and ADR of the International Chamber of Commerce- ICC. She is former corporate lawyer dealing with complex M&A transactions.

Thiago Moreira is partner at Mattos Filho Advogados, focused on construction and complex contracts, as well as on project development and infrastructure-related transactions.

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