Arbitration and Mediation
Our role in this practice area focuses on the strategic management of local and international arbitration. We get involved from the pre-arbitration stage to analyze the strengths and weaknesses and formulate strategies of any particular case, and we see it all the way through to the arbitration or litigation stages, as the case may be. For each case, we make sure to conduct an in-depth analysis to get a comprehensive understanding of the case at hand, and to assess critical arguments that strengthen our client’s position.
We ensure to deliver to our clients the best legal representation possible through our highest standards of excellence and technical expertise, combined with our extensive practical arbitration experience and know-how on delivering the right message to the right audience. In addition, the business strategies of our clients are always taken into account so that the strategies executed by our team in and out of the proceedings are in line with the business goals of our clients. After all, conflicts and litigation are part of a company´s daily routine; however, they must not become an end-goal in itself.
Our team consists of outstanding well-trained professionals who are constantly sharpening their knowledge while combining technical expertise with a wide-ranging practical approach. Moreover, we constantly strive to uphold the highest ethical and moral values which serve as our compass in the practice of law. Undoubtedly, we always act with independence and enthusiasm but also with consideration, respect and care in the handling of our work on behalf of our clients.
Our experience includes arbitrations before institutions such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the Brazil-Canada Chamber of Commerce (CAM-CCBC), covering the following areas:
- Construction and engineering
- Business contracts in general
- Distribution agreements
- Complex insurance policies such as directors and officers liabilities (D&O)
- Sports-related transactions
- Mergers and acquisitions (M&A)
- Dissolution/winding up of entities and exclusion of shareholders/members
- Joint ventures and other corporate entities under conflict amongst shareholders/members
Our international experience also enables us to represent foreign clients in arbitration proceedings in Brazil (inbound arbitrations), or Brazilian clients in other jurisdictions (outbound arbitrations). This is done through consolidated partnerships with other leading law firms in countries such as Spain, England, France, United States, Trinidad & Tobago, and Chile, among others; as well as harnessing our team’s broad cultural knowledge and language fluency in English, Spanish, French, and Korean. A good number of our attorneys have earned advanced degrees and academic qualifications abroad and have been visiting attorneys with top law firms in other countries, including England, United States, France, Spain, and Korea.
- Representation of a Brazilian construction company in LCIA arbitration involving a FIDIC Yellow Book contract for highway construction in Central America
- Representation of a Brazilian construction company in ICC arbitration in Miami relating to contractual issues
- Representation of a Brazilian construction company in ICC arbitration in paris relating to the financing of an engineering project in South America
- Representation of a Brazilian company in CAM-CCBC arbitration relating to corporate and M&A issues in connection with a stadium used in the 2014 World Cup
- Representation of a multinational pharmaceutical company in ICC arbitration relating to contractual issues
- Representation of a US corporation in ICC arbitration based in São Paulo in which an international investment fund seeks the annulment of a corporate acquisition based on alleged defects relating to the business of the target
JOSÉ ANTONIO MIGUEL NETO AT BEST LAWYERS
José Antonio Miguel Neto, partner of Miguel Neto Advogados, was recognized by the international directory Best Lawyers in Brazil in its 2020 edition. We thank all of our partners and clients for this accomplishment.
Análise Advocacia 500 - 2018
MNA was considered as one of the most admired offices in Brazil by the magazine/ranking “Análise 500 – 2018” in the following categories: Specialty – Arbitration / Fair Trade / Corporate / Tax; Economic Sectors – Food and Beverages/ Transportation and Logistics; Admired in which state – São Paulo. In addition, we congratulate our partner for being selected as most admired lawyer in the following categories: Specialty – Fair Trade (J. A. Miguel Neto); Economic Sectors – Food and Beverages (J. A. Miguel Neto); Admired in which state – São Paulo (J. A. Miguel Neto).
JUDICIAL RECOVERY: “KNOWING THE RIGHT TIME TO FILE A CLAIM IS FUNDAMENTAL TO RESTRUCTURE THE BUSINESS ON TIME”
IV Congresso de Processo Civil de Florianópolis
Hoje começa o Congresso de Processo Civil de Florianopolis, evento anual que reunirá 1.200 participantes. Nosso sócio Paulo Magalhaes Nasser participará como palestrante no painel dedicado aos negócios jurídicos processuais.
Paulo Magalhães Nasser, the head partner for the litigation and arbitration department at MNA, was a member of the XVI International Arbitration Congress, which was sponsored by the Brazilian Arbitration Committee (CBAr). The event took place in Gramado, State of Rio Grande do Sul, on September 24-26, with the central theme being “Due Process in Arbitration.” Paulo Nasser was part of an international panel entitled “Due Process of Law and Judicial Control of Arbitration Awards (Recognition and Annulment).”