A dispute in Brazil needs to be assessed against the business objective as well as the procedural position. A European group may need to preserve a commercial relationship, respond to a claim, recover an amount or protect its ability to operate. We advise on the legal options and coordinate the steps required in Brazil with the people responsible for decisions abroad. The work begins with the documents, the chronology and any live deadlines. Reporting separates the legal assessment, procedural developments and decisions requiring instructions from management.
What we do
- Initial assessment of commercial and corporate disputes and available options.
- Representation in Brazilian litigation within the agreed mandate.
- Advice and representation in arbitration involving Brazilian business matters.
- Assessment of settlement proposals and negotiation strategies.
- Coordination of evidence, document review and local procedural work.
- Contractual risk review intended to reduce future dispute exposure.
Experience in this practice
An overview of our work, described without identifying clients or individual transactions.
- Representation in commercial and corporate disputes related to the activities of international companies and their Brazilian operations.
- Advice on arbitration, settlement negotiations and contractual disagreements arising in the course of business in Brazil.
- Assessment of disputes and coordination of the legal strategy with management, considering the commercial relationship and the company’s operational needs.
Why it matters for European companies
Brazilian court proceedings and arbitration follow different procedural frameworks, with their own requirements for representation, evidence and deadlines. An arbitration clause needs to be assessed before a route is chosen; a foreign decision may require additional steps before it can have effects in Brazil. We identify the relevant procedures and dependencies without promising a result or a fixed duration for the dispute.
How we organise the mandate
The first discussion identifies the decision to be made, the companies involved and the timetable. We review the available documents before proposing a defined scope, deliverables and fees. The responsible partner coordinates contributions from the relevant practices, so that a recommendation can be considered against its operational consequences. Reporting distinguishes decisions required from the client, information still missing and work completed. When another jurisdiction is involved, we agree how the Brazilian work will connect with the group’s advisers abroad.
Preparing the first discussion
Useful starting material includes the group structure, the Brazilian entity’s details, existing agreements and a short explanation of the commercial objective. Please indicate any live deadline and the people authorised to give instructions. The initial contact need not contain confidential case documents or sensitive personal information. We can agree an appropriate channel for exchanging the supporting material after identifying the parties and the scope of the request.