Partner of Demarest’s Litigation and Arbitration area, Rafael Villar Gagliardi holds a PhD and a Master’s degree in Civil Law from PUC-SP. He was a visiting researcher at the London School of Economics and Political Science (UK) and is a fellow of the Chartered Institute of Arbitrators – CIArb. Rafael concentrates his practice in litigation for large domestic and international companies, mainly in the Energy and Infrastructure segments. He is frequently listed in some of the most important local and international legal publications, such as LACCA Approved, Chambers & Partners, The Legal 500, Latin Lawyer 250, among others.
Rafael Villar Gagliardi
— Represented the largest hydroelectric generator in Brazil in an administrative proceeding before the National Electric Energy Agency regarding delays in the construction of the plant and its regulatory consequences. The amount involved is estimated at USD 1.2 billion.
— Represented three energy distributors in three arbitration proceedings against various thermoelectric generators seeking to challenge the termination of regulated energy purchase and sale agreements and the collection of fines provided for in such agreements.
— Representing a foreign contractor in two arbitration proceedings discussing the validity of the termination of the EPC Contracts and the respective consequences. The dispute is valued at USD 100 million.
— Representing a former lottery system concessionaire in a lawsuit filed by the Federal Public Prosecutor’s Office, which is valued at approximately USD 800 million.
— Represented one of the largest electric power conglomerates in Brazil in several public civil actions in which the Federal Public Prosecutor’s Office seeks to prevent the construction of a hydroelectric plant located between the states of Mato Grosso and Pará, with a value that exceeds USD 1.8 billion.
— PhD in Civil Law from the Pontifical Catholic University of São Paulo (PUC-SP), São Paulo, (2016)
— Visiting researcher at the London School of Economics and Political Science (LSE), London, England (2012)
— Master (LLM) in Civil Law, with high distinction, from the Pontifical Catholic University of São Paulo (PUC-SP), São Paulo, Brazil (2006)
— Bachelor of Laws from the Pontifical Catholic University of São Paulo (PUC-SP), São Paulo, Brazil (2001)
— Invited Professor at the Postgraduate Arbitration Course at the Pontifical Catholic University of São Paulo (COGEAE – PUC / SP)
— Invited Professor at the Specialization Course of the Brazilian Institute of Energy Law (IBDE)
— Member of the Permanent Arbitration Forum of the Rio de Janeiro School of Magistrates (EMERJ)
— Co-Chair of the Arbitration and Energy Committee of the Corporate Arbitration Chamber (CAMARB)
— Chartered Institute of Arbitrators Fellow (CIArb)
— Member of the International Council for Commercial Arbitration (ICCA)
— Member of the Institute of Private Law (IDP)
— Member of the Latin American Arbitration Association (ALArb)
— Co-author of the book “The CAM-CCBC Arbitration Rules: a Commentary”, Eleven, 2012.
— Co-author of the chapter “The reverse of form: contribution of material rights to the discipline of third parties in arbitration (an analysis based on emblematic cases of Brazilian jurisprudence)”, from the book “The Reform of Arbitration”, Forense, 2016.
— Co-editor of the book “The Vienna Convention on Contracts for the International Sale of Goods: Challenges and Prospects” and author of the article “Losses and Damages at CISG”, Atlas, 2015.
— Co-author of the chapter “Arbitration and Energy Law”, from the book “Investment Protection in Brazil”, Kluwer Law International, 2013.
— Co-author of the chapter “Suspension of Compliance in Civil and Common Law”, from the book “Applied Business Law, v. 1”, Almedina, 2016.
— Co-author of the chapter “Laws Applicable to Arbitral Procedures”, from the book “Commercial Arbitration: principles, institutions and procedures”, Marcial Pons, 2013.
— Author of the article “Confidentiality in International Commercial Arbitration”, Arbitration and Mediation Magazine – Rarb, 2013.
— Co-editor of the book “10 years of the Civil Code: Challenges and Perspectives” and author of the chapter “Brief Notes on Limiting Clauses in Brazilian Law and English Law”, Atlas, 2012.
— Author of the chapter “Preliminary Contracts”, from the book “General Contract Theory”, Atlas, 2011.
— Author of the book “Exception of Contract Not fulfilled”, Saraiva, 2013.
Portuguese, English, Spanish and Italian