Mauricio Gomm Santos
Mauricio Gomm Santos has 25 years experience as senior-level, Brazilian, international attorney. He has been admitted to practice in Brazil, and trained in both the U.S.A. and the U.K. He has extensive experience with international contracts and resolution of commercial disputes. Mr. Gomm Santos is not admitted to practice law in Florida. He is admitted in the State of New York and is a Foreign Legal Consultant according to the Rules Regulating the Florida Bar.
He serves as counsel and arbitrator for arbitration proceedings and coordinates litigation in the U.S., Brazil, and Latin America. He has worked in conjunction with U.S. counsel on complex litigation and served as counsel and arbitrator before major international arbitration providers, such as ICC, ICDR/AAA and IACAC in the field of commercial contracts, insurance, agency, distribution, franchising agreements, corporate and project finance.
From 2007-2009, Mr. Gomm Santos worked as Foreign Legal Consultant with the law firm of Buchanan, Ingersoll and Rooney PC, Miami offices, offering consultation on issues regarding Brazilian law and working as arbitrator and counsel on international cases.
Mr. Gomm Santos is an adjunct professor of law at the University of Miami, School of Law, where he teaches “Arbitration in Latin America.” He is a Latin American instructor at the international arbitrators training session for the International Centre for Dispute Resolution of the American Arbitration Association. He is a member of Editorial Board of the Brazilian Arbitration and Mediation Journal.
Mr. Gomm Santos has had an active role in Brazilian organizations devoted to Alternative Dispute Resolution. He has served as President of the Brazilian Council for Arbitration and Mediation Institution; President of Arbitration and Mediation Committee of the Brazilian Bar Association, Paraná State Division; and President of the Arbitration and Mediation Center of the Paraná Chamber of Commerce. He lectures throughout the world, and writes extensively on topics related to international transactions and arbitration for Brazilian, American and English journals.
Mr. Gomm Santos is a Florida Foreign Legal Consultant and affiliated to the following institutions: Florida Bar, International Law Section, London Court of International Arbitration (“LCIA”), Latin America Advisory Group – International Centre for Dispute Resolution (“ICDR”), Brazil-Canada Chamber of Commerce – International Committee, Brazilian Arbitration Commission – Brazilian Section of International Chamber of Commerce (“ICC), Latin America Arbitration Group – International Chamber of Commerce (“ICC), Argentine Committee of National and International Arbitration (“CARAT”), Brazilian Bar Association, and Miami International Arbitration Society (“MIAS”).
Mr. Gomm Santos is fluent in English, French and Spanish and a native Portuguese speaker. For a downloaded copy of his CV, please click here.
WORK HISTORY
• Foreign Legal Consultant, Buchanan, Ingersoll & Rooney PC, 2007 to present.
• Partner, Seleme, Lara, Coelho & Gomm Santos, Curitiba, Paraná, Brazil, 2007 to April 2009.
• Partner, Gomm Santos – Advogados Associados, Curitiba, Paraná, Brazil, 1986-2006.
• More than twenty years experience as a civil trial and transactional lawyer in Brazil.
• Acts as counsel, arbitrator and mediator in the field of commercial contracts.
LANGUAGES
• Portuguese, English, French and Spanish.
EDUCATION
• University of Miami, School of Law (LL.M-2006);
• University of London, Queen Mary and Westfield College (LL.M-1993);
• Paraná Federal University, Law School (Specialization-1987);
• Paraná Federal University, Law School (J.D.-1984)
CITIZENSHIP
• Brazil, USA
PROFESSIONAL LICENSES
• Admitted to the Brazilian Bar, Parana Division – OAB/Pr (1985);
• Florida Bar, as Foreign Legal Consultant (2008), not admitted to practice law in Florida;
• New York Bar (2012)
REPRESENTATIVE CASES
• Sole emergency arbitrator in a case between a Chinese and a U.S. entity related to distribution agreement under the auspices of International Centre for Dispute Resolution of the American Arbitration (ICDR/AAA);
• Chairman of arbitral tribunal in a case between a Brazilian and a U.S. entity related to transfer of technology, under the auspices of Arbitration Centre of Parana Chamber of Commerce (ARBITAC/Brazil);
• Counsel for a leading engineering construction corporation in a corporate-case arbitration under the auspices of Arbitration Centre of Sao Paulo Federation of Industries (FIESP/CIESP);
• Chair of ad-hoc tribunal in a corporate-related case;
• Co-arbitrator in a case between a U.S. company and a Ecuadorian company related to breach of distributorship agreement under the auspices of ICDR/AAA;
• Counsel for Brazilian investor in securities lawsuit in Southern District of New York;
• Counsel for Brazilian party in an arbitration case against a U.S. company related to distribution agreement under the auspices of International Chamber of Commerce (ICC);
• Counsel for Argentinean entity in a securities arbitration under the auspices of the Financial Industry Regulatory Authority (FINRA);
• Counsel for a Brazilian party in an arbitration case against a U.S. company related to breach of sales agreement, under the auspices of Center for Prevention Resolution (CPR International Rules)
• Counsel for U.S. corporation in an arbitration case against Brazilian corporation related to international leasing agreement under the auspices of IACAC;
• Counsel for a Brazilian grain exporter against a German entity, in an arbitration under the auspices of FOFSA (Federation of Oil, Seeds and Fats Association)
• Expert witness on Brazilian law in Federal courts in Florida;
• Represented successfully a Brazilian Development Bank in a U.S.$ 50 million litigation settlement with a major ethanol producer;
• Represented successfully national and international breeders in several intellectual property right lawsuits related to genetically engineered plant varieties;
• Represented the largest Brazilian private-owned insurance carrier in litigation against insured in Paraná, Brazil; and
• Counsel for Brazilian first private-owned seaport in contractual matters involving international loans.
ALTERNATIVE DISPUTE RESOLUTION ACTIVITIES
• Experience with a variety of arbitration procedures, including those of the International Chamber of Commerce (“ICC”), American Arbitration Association’s International Centre for Dispute Resolution (“ICDR”), Federation of Oil, Seeds and Fats Associations (“FOSFA”), Inter-American Commercial Arbitration Commission (“IACAC”), and the following Brazilian entities: Arbitration and Mediation Center of Paraná Chamber of Commerce (“ARBITAC), Brazilian Institute of Mediation and Arbitration (“INAMA”), Arbitration and Mediation Center of São Paulo Federation of Industries (“FIESP/CIESP”) and some ad hoc cases.
• Responsible for coordinating the translation into Portuguese of ICDR International Mediation and Arbitration Rules;
• Responsible for writing a report to the Investment Multilateral Fund of Inter-American Development Bank during the debate before the Supreme Court over the constitutionality of the Brazilian Arbitration Law;
• Serves as commentator for Global Arbitration Review, Latin Lawyer, Mealey’s International Arbitration, Brazilian top arbitration journals and specialized media on issues of arbitration;
• Member of the Editorial Board for the Brazilian Arbitration and Mediation Journal (2008)
TRAINING AND ACADEMIC INITIATIVES
• Editor of What’s New in Latin America ADR, American Arbitration Association, Dispute Resolution Journal (quarterly publication)
• Teaches Arbitration in Latin America at the University of Miami, School of Law, 2007 to present;
• Served as a Latin American instructor for training ICDR international arbitrators at the International Symposia in Advanced Case Management Issues, (2007);
• Co-chaired the first University of Miami School of Law, International Commercial Arbitration Competition event, (2008)
• Responsible for drafting the proposal of the creation of an institute devoted to the study, research and training of international arbitration, with a special emphasis on Latin America, (2006);
• Adjunct professor of commercial law at the Pontifical Catholic University of Paraná (1988-1992)
PROFESSIONAL ASSOCIATIONS
• Miami International Arbitration Society (“MIAS”), 2008
• Latin America User’s Council – London Court of International Arbitration (“LCIA”), 2008
• Latin America Advisory Group – International Centre for Dispute Resolution (“ICDR”) , 2007
• Energy Arbitrator Panel – ICDR, 2007
• Brazil-Canada Chamber of Commerce – International Committee, 2007
• Brazilian Arbitration Commission – Brazilian Section of International Chamber of Commerce (“ICC), 2007
• Latin America Arbitration Group – International Chamber of Commerce (“ICC), 2006
• Argentine Committee of National and International Arbitration (“CARAT”), Founding Member, 2006
• Brazilian Bar Association, President of the Arbitration and Mediation Committee of the Paraná State Division, on leave July 2005
• Mediation and Arbitration Center of the Paraná State Chamber of Commerce, President, July 2004 to June 2005
• Brazilian National Council for the Arbitration Institutions, (“CONIMA”), President, 1999-2001
• Brazilian Arbitration Committee, (“CBAr”), Founding Member, Director and member of the Admission Committee
• Committee of Coordination and Control of the Project signed by the IDB Inter-American Development Bank, and CACB – Confederation of Brazilian Chambers of Commerce, President, April 2000 to April 2001
SPEAKING ENGAGEMENTS
• Arbitration in the Insurance and Reinsurance Industry, Rio de Janeiro, Brazil, August 13, 2008 and Sao Paulo, Brazil, August 14, 2008. Sponsor Organization: Brazilian Insurance Regulatory Agency (‘SUSEP”)
• Chair of the International ADR Reporting Program Series. Focus on North America and Latin America, Sao Paulo, Brazil, August 11, 2008. Sponsor Organization: International Centre for Dispute Resolutions.
• What is the Impact of Inepar case in Brazilian Arbitration? Houston, May 20, 2008. Sponsor Organization: Houston International Arbitration Club (HIAC)
• Country Focus: Brazil – New York City, NY – March 13, 2008. Sponsor Organization: Practising Law Institute
• ICDR’s International Commercial Arbitration Report – Focus Area: Latin America. International Commercial Arbitration and Mediation – New York City, NY – October 12, 2007. Sponsor organizations: International Commercial Dispute Committee of the Association of the Bar of the City of New York and International Centre for Dispute Resolution.
• London or New York? Arbitration or Litigation? Which is the Best Option for Solving Maritime and International Trade Disputes? Pros, Cons, and Costs – Rio de Janeiro, Brazil – September 21, 2007. Sponsor organization: Ibero-American Institute of Maritime Law – Rio de Janeiro
• Arbitrating Under the ICDR Rules – Commencing the Arbitration: Initial Pleadings – Mediation Prior to Arbitration. July 27, 2007. Sao Paulo, Brazil. The Brazilian Arbitration Committee and International Centre for Dispute Resolution
• International Arbitration 2007. International Arbitration in Latin America. March 26-27, 2007. New York City, NY. Practicing Law Institute
• 5th Annual Miami International Arbitration Conference. Arbitration in Las Americas: A 360 View. Hot Legal Issues for Arbitrators: Challenges, Conflicts, and Liability. February 21-23, 2007, Miami, Fla. International Centre for Dispute Resolution, in cooperation with Association of American Chambers of Commerce in Latin America, Florida Bar International Law Section, Inter-American Bar Association, Inter-American Commercial Arbitration Commission.
• The Americas – Overview and Update Regarding the Latest Development and Recent Trends Regarding International ADR in the Americas: The Report from Brazil, Argentina and Chile. December 06, 2006, Philadelphia – PA. International Centre for Dispute Resolution of the American Arbitration Association
• The International ADR Reporting Program Series – New Developments and Trends in Brazil. November 15, 2006. Washington DC. International Centre for Dispute Resolution of the American Arbitration Association
• The Conditions for Negotiating Recourse to Arbitration when Sovereign States are Involved – Second ICC Arbitration Day. October 30, 2006, Salvador Brazil. Organized by ICC and Brazilian Arbitration Committee. Sponsor Organizations: Petrobras and Companhia Vale do Rio Doce. Salvador – Brazil
• Understanding Different Cultures and Legal Systems – International Congress in Commercial Arbitration. June 04-06, 2006. Sponsor Organizations: Parana State Chamber of Commerce (Brazil), Brazilian Bar Association – Parana State Division;
• Workshop on Evidentiary Problems in International Litigation and Arbitration: The Brazilian Approach. May 11-12, 2006. 4th Annual International Litigation and Arbitration. International Litigation and Arbitration Committee of the Florida Bar International Law Section.
• Enforcement of Arbitral Award: Analysis of the Statutes, Case-law and the Application of Panama and New York Conventions – XXXII Inter-American Commercial Arbitration Commission. April 25, 2006. Sponsor Organization: Inter-American Commercial Arbitration Commission (IACAC);
• The Judge as Appointing Authority in International Commercial Arbitration – 4th Annual Miami International Arbitration Conference – Critical Role of the Judiciary in International Commercial Arbitration: Miami, March 26-28, 2006. Sponsor Organization: International Centre for Dispute Resolution
• International Arbitration in Brazil – International Commercial Arbitration in Latin America: New York City, November 17, 2005. Sponsor Organizations: International Centre for Dispute Resolution (ICDR/AAA), Inter-American Commercial Arbitration Commission (IACAC), Association of American Chambers of Commerce in Latin America (AACCLA), The International Commercial Dispute Committee of the Association of the Bar of the City of New York and the Inter-American Bar Association
• International Arbitration in Brazil – International Commercial Arbitration in Latin America: Enhancing Predictability through Knowledge and your Arbitration Clause. Washington, D.C. November 15, 2005. Sponsor Organizations: International Centre for Dispute Resolution (ICDR/AAA), Inter-American Commercial Arbitration Commission (IACAC), Association of American Chambers of Commerce in Latin America (AACCLA), The International Dispute Resolution Committee of the D.C.Bar
• International Arbitration and State Courts in Latin America – 3rd Annual Conference – International Commercial Arbitration in Latin America: The ICC Perspective – Miami, Florida – November 06-08, 2005. Sponsor Organization: International Chamber of Commerce (ICC)
• Current Problems Involving Drafting of Arbitration Clause – XXIX Conference of Inter-American Commercial Arbitration Commission (IACAC). Rio de Janeiro, Brazil. November 24 2004. Sponsor Organization: Inter-American Commercial Arbitration Commission (IACAC)
• Arbitration in Brazil – International Commercial Arbitration in Latin America – The Practitioner’s Conference on the investment climate in Latin American countries and the increasing use of international commercial arbitration in Latin America. New York City, NY – March 12, 2004 – Sponsor organizations: International Centre for Dispute Resolution (ICDR/AAA) and Inter-American Commercial Arbitration Commission (IACAC)
• The Situation in the Latin American Countries with respect to the Applicable Law to the Merits of a Dispute Submitted to International Commercial Arbitration – International Commercial Arbitration in Latin America: The ICC Perspective – Miami, Florida – October 26-28, 2003. Sponsor Organization: International Chamber of Commerce (ICC).
RECENT PUBLICATIONS
• Brazil’s Conflicting International Arbitration Case Law: The Inepar and Renault Decisions, American Arbitration Association Dispute Resolution Journal, vol. 64, n. 2, pp. 1-4 (May-July-2009)
• On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral Award, co-authored with Quinn Smith, The American Review of International Arbitration, vol.18, n. 3, pp353-70
• Arbitration and the Opening of the Brazilian Reinsurance Market, IBA Legal Practice Division, Arbitration Committee Newsletter, March 2009, pp 31-32
• Arbitration in Brazil – Swimming With the Tide, 23 # 4, Mealey’s International Arbitration Report, April 2008.
• Arbitration in Brazil – Swimming Against the Tide, 23 # 2 Mealey’s International Arbitration Report – February 2008
• New Keys to Arbitration in Latin America, co-authored with Paul E. Mason, Journal of International Arbitration (The Hague), February 2008 issue.
• Quick Considerations Regarding the Use of Mediation in the International Setting, Revista Franquia & Cia. – 49th Edition – October 2007
• Overview and Update on Recent Developments and Trends in Arbitration in Brazil, International Arbitration 2007, 367, Volume One, Chair John Fellas, Practising Law Institute.
• Brazil – Arbitration where a State-Owned Company is a Party: AES Uruguaiana Empreendimentos Ltda v. Companhia Estadual de Energia Eletrica, Mealey’s International Arbitration Report – Vol 21 # 11, November 2006
• Brazil – A Brief Overview of Arbitration in Contracts entered as part of Public and Private Sector Partnerships (PPPs), Mealey’s International Arbitration Report – Vol. 21 # 6, June 2006
• The Judge as Appointing Authority in International Commercial Arbitration. The Brazilian Experience, 9 Revista Brasileira de Arbitragem – 194, 206 (April-June 2006)
• Arbitration in Brazil – First Decision Regarding Recognition of a Foreign Award After 2004 Judiciary Reform, 20 Mealey’s International Arbitration Report – Issue 10 (October 2005)
• Comissao de Mediacao e Arbitragem da Ordem dos Advogados do Brasil, 6 Revista Brasileira de Arbitragem – 173, 174 (April-June 2005)
• Arbitration in Brazil, 21 Journal of International Arbitration N.6, 493, 508 (December 2004)
• The Situation in the Latin American Countries with respect to the Applicable Law to the Merits of a Dispute Submitted to International Commercial Arbitration, 2 Revista de Mediacao e Arbitragem, 102, 108 (May-August 2004) (in Portuguese)
AWARDS
• Identified as among top five in Latin America, and the leading figure from Brazil, for his practice in international arbitration by Global Arbitration Review, (2006);
• Recipient of the University of Miami, Dean’s Certificate of Achievement for Outstanding Academic Performance and Excellence Award in the Study of International Commercial Arbitration, (2006);
• Recipient of a full scholarship granted by The British Government to be the first Brazilian attorney to attend the International Commercial Arbitration course offered by the University of London, Queen Mary & Westfield College, LL.M cum laude, (1992-93)