Sergio Bermudes Advogados

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Sergio Bermudes Advogados was founded in 1969. The firm currently has 85 lawyers, including 17 senior partners, in its offices in Rio de Janeiro, São Paulo and Brasília. It has correspondent offices in all major cities in Brazil. The firm is nationally and internationally recognised as the Brazilian leader in litigation, arbitration, energy and insolvency law. Over the past 40 years, it has represented companies operating in a broad range of commercial activities including telecommunications and media, energy, oil and gas, banking and finance, insurance, construction and infrastructure, intellectual property, airline services, rail, road and maritime transport systems, ports, real estate and public service concessionaires.

Commercial arbitration: Our arbitration team has in-depth knowledge of the most important legal systems in the world, as well as fluency in Spanish, English, French and other languages. Some partners of the firm are frequently appointed to sit as arbitrators in domestic and international arbitral tribunals.

The firm has strong practice in transnational litigation and has assisted many Brazilian and foreign clients in disputes involving concurring proceedings in different countries.

The majority of the firm’s members have been awarded postgraduate degrees from leading law schools either in Brazil or abroad and some have undergone training in both common law and civil law systems.

Significant matters on commercial arbitration: Representing a party in an international ICC arbitration involving a contractual dispute in the construction sector of approximately US$150 million; representing a party in a domestic arbitration involving a power purchase agreement (amount in issue of over US$250 million); representing a party in a domestic ICC arbitration involving a real estate dispute of approximately US$100 million; representing a party in a challenge to the enforcement of a foreign arbitral award in Brazil (amount in issue R$100 million); representing a Brazilian party in an ICC arbitration arising out of a dispute pertaining to an industrial construction project (amount in issue R$30 million); representing an energy company in an ICC arbitration (amount in issue R$2 billion); CBMA (Brazilian Mediation and Arbitration Center) arbitration with an amount in issue of R$700 million; senior partner sitting as chairman on an international arbitration panel involving a contractual dispute between a UK company and an African republic (amount in issue €400 million).

Insolvency law: Our insolvency law team has over 25 years’ experience in representing companies in major judicial recovery and bankruptcy proceedings before and after the enactment of the Brazilian Judicial Recovery and Bankruptcy Law in 2005. Team members have been active in promoting the effective application of the law, contributing to its interpretation and development through the publication of articles and giving lectures at conferences and seminars.

Significant matters on bankruptcy cases: Representing a national airline in the first and landmark bankruptcy case under the Brazilian Bankruptcy and Judicial Recovery Law; representing several foreign and domestic creditors in judicial recovery proceedings related to agribusiness; representing creditors in foreclosing their guarantees before the filing of the judicial recovery, especially in ACC contracts (advance on exchange contract).

Litigation: Our litigation team has, for several years, been placed at the top of the rankings by peers and by specialist law reviews and journals. Throughout our 40 years of litigation expertise, members of our team have dealt with a broad range of complex disputes in various fields of law. The firm has handled several transnational and international cases before courts and tribunals around the globe.

Significant matters on domestic and transnational litigation: Coordinating the representation of a Brazilian bank in court proceedings in Brazil and New York, in which the plaintiff was seeking an award of over US$1 billion; representing a stock exchange market in court proceedings in Brazil, in which one investor was seeking damages of approximately US$5 billion; representing an auditing company in court proceedings in Brazil, in which the controlling shareholders of the audited company sought damages of US$150 million, based on alleged malpractice. Representation of a corporate client in an administrative antitrust suit filed by the Brazilian Antitrust Authority (CADE). Ongoing advice and assistance to institutional insurance and reinsurance organisations in the negotiation, settlement or litigation of a broad range of insurance issues including mass litigation and public interest civil suits.

In addition to representing clients before national and international courts and tribunals, Sergio Bermudes Advogados has extensive experience of proactive legal work, providing advice and assistance on a broad range of non-contentious issues including strategic planning aimed at avoiding future litigation and cost-effective negotiated settlement of potential and existing disputes. Some of our lawyers lecture part-time at local universities at both graduate and postgraduate levels, as well as contributing to in-house education and speaking at national and international conferences.

www.sbadv.com.br