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Rafael Villar Gagliardi

Partner

Experience Summary

  • Invited Professor for the Post-Graduate Course of Arbitration at Pontifícia Universidade Católica de São Paulo (PUC/SP).
  • Invited Professor for the Specialization Course at Instituto Brasileiro de Direito de Energia (IBDE).
  • Member of the panel of arbitrators of the Mediation, Conciliation and Arbitration Chamber (CIESP/FIESP).
  • Member of the panel of arbitrators of the FIEP Mediation, Conciliation and Arbitration Chamber.
  • Member of the panel of arbitrators of the Brazilian Arbitration Chamber in Public Administration (CAMBRAAP).
  • Member of the panel of arbitrators of the Mediation and Arbitration Chamber of the Brazilian Rural Society.
  • Co-President of the Arbitration and Energy Committee of the Business Arbitration Chamber (CAMARB).
  • Fellow of the Chartered Institute of Arbitrators (CIArb).
  • Member of the International Council for Commercial Arbitration (ICCA).
  • Member of the Private Law Institute (IDP).
  • Member of the Latin American Arbitration Association (ALArb).
  • 2002 - 2004: Assistant Professor of Administrative Law at the Pontifícia Universidade Católica de São Paulo (PUC/SP) School of Law.

Highlights

 

  • 2017: Represents Brazil's largest hydropower generator in an administrative proceeding before the Federal Energy Agency regarding the delays in the construction of the power plant and its regulatory consequences. The estimated amount involved is USD1.2 billion.
  • 2017: Represents a large power transmission concessionaire before the Federal Energy Agency in several regulatory matters, including one administrative proceeding brought in order to cancel one of the company's concessions.
  • 2017: Represents one of Brazil's large renewable energy generators in several regulatory matters both before the Federal Power Agency and Brazilian Courts. The discussions range from alleged delays in starting commercial operations in windfarms through challenges to illegal orders to cease construction works due to alleged beach of environmental regulations.
  • 2017: Represents one of Brazil's biggest energy conglomerates in several class action lawsuits (ação civil pública) through which Federal Prosecutors sought to prevent the construction of a hydroelectric power plant located between the states of Mato Grosso and Pará, which is worth over USD 1,8 billion.
  • 2017: Advises one of Brazil's largest telecom companies in the creation of power-generation solutions (Geração Distribuída).
  • 2017: Represents Câmara de Comercialização de Energia Elétrica - CCEE, the Brazilian entity responsible for liquidating the energy market transactions in several cases regarding the allocation of risk for hydropower generators (GSF), that are worth an estimated total of USD 1 billion.
  • 2017: Represented the biggest Brazilian sporting goods retail seller in two arbitration proceedings and corresponding pre-arbitration injunctive relief applications related to the termination of insurance sales agreement. The claims were estimated in over USD 90 million.
  • 2017: Represents one of the biggest energy generators in Brazil in an arbitration involving infrastructure, regulatory and environmental claims worth over USD 20 million.
  • 2016: Advised a foreign investor in the Brazilian Naval Industry in a corporate dispute against Brazilian Shareholders. The claims are worth over USD1 billion.
  • 2015: Advised one of the largest energy generators in Brazil in a dispute with the Federal Energy Agency, in a dispute worth over USD67 Million per year.
  • 2015: Advised an energy generator in the creation of a consortium through an innovative mechanism to participate in energy auctions. The consortium won the bid and was contracts in the amount of USD1 billion.
  • 2015: Represented a Brazilian construction company in arbitration proceedings related to the non-performance of an EPC Contract for installing a transmission line in the Amazon. The claims were worth USD 10 million.
  • 2014-2015: Advised one of the world's largest State-Owned Oil Companies in pre-arbitral and insolvency related proceedings in connection with a farm-out agreement in Brazil. USD 850 million.


Recognition

Clients endorse his "distinguished knowledge of civil and procedural law," with one pointing out: "Rafael was very fast and efficient in creating a strategic defense which was very impressive considering the complexity of the matter." (Chambers Latin America 2018)

"Rafael has a strong strategic positioning and professional technique. He maintains a solid reputation in the dispute resolution sphere." (Chambers Latin America 2016)

"He is an assertive, committed and accessible lawyer." (Chambers Latin America 2015)

"He is a very dedicated lawyer, who inspires confidence and provides full support during the entire decision-making process." (Chambers Global 2013, Chambers Latin America 2013)

"His ability to fulfill our business needs within a legal context is outstanding." (Chambers Latin America 2014)

Nominated by Benchmark Litigation 2018 as one of the leading individuals in Brazil.

 

Education

  • 2016: Doctorate in Civil Law at the Pontifícia Universidade Católica de São Paulo (PUC/SP). Doctoral Dissertation on Mitigação de Danos pelo Credor (Mitigation of Losses).
  • 2012: Visiting researcher at the London School of Economics and Political Science (LSE).
  • 2006: LL.M. degree, with highest honor, in Civil Law from Pontifícia Universidade Católica de São Paulo (PUC/SP). Masters Dissertation on Exceção de Contrato Não Cumprido (Suspension of Performance in Contract Law).
  • 2001: LL.B. from the Pontifícia Universidade Católica de São Paulo (PUC/SP) Law School.

Rafael Gagliardi

Languages

Portuguese; English; Spanish; Italian

Contacts

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