Muriel Medici Franco Arbitration team has wide experience in domestic and international arbitration, under the rules of arbitral institutions such as ICC, ICDR-AAA, LCIA, CAM-CCBC, AMCHAM Brasil and FGV. The team also has experience in ad hoc arbitration proceedings under the UNCITRAL – United Nations Commission in International Trade Law rules.
The subject-matter of the cases include, among other topics:
- Corporate disputes (M&A transactions, shareholders agreeements, joint ventures, etc)
- Construction and civil engineering, including EPC of large infrastructure projects
- Energy, telecommunications, software, venture capital, infrastructure and business disputes
- Preparatory and incidental court measures to the arbitration proceedings
- Confirmation and enforcement of foreign arbitration awards
- Review and advice on drafting of dispute resolution clauses in complex contracts
- Negotiation of arbitration agreement (“Compromisso arbitral”) for ongoing disputes solution
According to international publications and specialized rankings the Arbitration practice team is the differential for Muriel Medici Franco in the marketplace.
Some professionals also sit as arbitrators in domestic and international arbitrations before arbitral institutions of international reputation.
- Public civil class actions and litigation advocacy in general, with special emphasis on disputes stemming from agency/distribution contracts, large-scale construction contracts, financial contracts and capital markets litigation, Trademark Law, corporate disputes and credit recovery (including judicial restructuring)
- Individual representation in complex individual and class actions involving product liability and consumer relations, with national and international repercussions
- Representation in proceedings dealing with risky and hazardous products, allegations of misleading/abusive advertising, transportation of hazardous products and substances, exclusive sale arrangements and similar marketing strategies, etc.
- Assistance in civil investigations and administrative proceedings before consumer protection agencies (Public Prosecutor Office; DPDC/SENACON – Consumers' Protection and Defense Department/Consumers’ National Secretary of the Ministry of Justice; PROCON – Consumer Protection Agency; CONAR – Brazilian Self-regulating Advertising Council
- Representation in court proceedings against regulatory agencies and government entities
- Supply agreements, take-or-pay agreements, transportation, logistics and warehousing
- Disputes related to rural properties (advice and litigation) before the courts and/or administrative agencies such as INCRA, MAPA – Ministry of Agriculture, and environmental entities of the federal, state and municipal levels
- Direct representation or amicus curiae representation before the superior courts (Suuperior Tribunal of Justice and Federal Supreme Court) com complex litigation
- Sitting as “expert witness” and rendering of legal opinions and affidavits in foreign court and arbitration proceedings
- Confirmation and enforcement of foreign court decisions and letters rogatory for precautionary measures in different jurisdictions
- Multi-jurisdiction bankruptcy and insolvency proceedings
- Cross-border litigation
From advising, negotiating and drafting contractual issues up to litigation proceedings that are inherent to the chain of production of the agribusiness sector the Muriel Medici Franco Agribusiness team has also handled several themes related to the sector, such as:
- Rural Product Certificate (CPR) and agribusiness credit instruments
- Commercial, financial, partnership and joint venture agreements and transactions
- Review and analysis of guarantees for agricultural commodity transactions (mortgage, agricultural pledge, and chattel mortgage)
- Protective measures for creditors and recovery of credit from rural producers undergoing judicial restructuring
- Contracts of agricultural and livestock raising nature (rural partnership, rural rental, purchase and sale of agricultural input, raw materials, and commodities etc.)
- Logistics, transportation and warehousing agreements
- Advisory on rural property and title issues (consulting and litigation - legal or administrative, also involving the INCRA, MAPA – Ministry of Agriculture, Livestock Raising and Food Supply, federal, state and municipal environmental entities and Real Estate Registry)
- Acquisition of rural land by foreign nationals