Mauricio Gomm Santos
Mauricio Gomm Santos, FCIArb, brings 30 years of experience as a senior level Brazilian/U.S. international attorney admitted to practice in Brazil, New York, and Florida; in the latter as Foreign Legal Consultant. Mr. Gomm serves as counsel, arbitrator, and mediator in proceedings in a variety of fields and languages under the rules of the world’s major arbitral institutions as well as Ad-Hoc and cases under the UNCITRAL Arbitration Rules. Mr. Gomm participates as expert witness before national courts and arbitrations, seated in the United States, Brazil and other venues. He also provided academic expertise in the High-Level Meeting with USA Supreme Court Justices on international commercial arbitration hosted by the Organization of American States in several jurisdictions in the region. Mr. Gomm Santos was responsible for drafting the project of an academic institute focused on the study of international arbitration within the University of Miami School of Law.
Recent Arbitrator, Mediator & Expert Experience
Co-arbitrator · CBMA · Infrastructure case involving the Federal Regulatory Agency, a Brazilian State-owned electric power entity, and renewable energy corporations. Energy · Portuguese · 2020
Co-arbitrator · ICC · Consortium Operating Agreement involving U.S. and Brazilian gas and electrical companies. Energy and O&G · English · 2020
Co-arbitrator · ICC · Sales and Purchase Agreement (SPA) involving a German tech company and a Brazilian mining company. Mining · English · 2020
Mediator · · in ad-hoc international cases related to franchising, corporate, distributorship, and other commercial agreements. 287 · 2020
Expert Witness · · Before arbitral tribunals and judicial courts.
Co-arbitrator · CAM-CCBC · Construction case involving a Brazilian corporation and a consortium constituted of Brazilian and Portuguese corporations. Infrastructure · Portuguese · 2019
Sole Arbitrator · CAM-CCBC · Infrastructure matter related to renewable energy involving Brazilian corporation as well as Brazilian subsidiaries of U.S. and French corporations. Energy and Infrastructure · Portuguese · 2019
Co-arbitrator · CPR · International distributorship involving U.S. and Brazilian corporations. International Distribution · English · 2019
Co-arbitrator · ICC · Construction and operation of a hotel chain in Brazil involving U.S. corporations and a Brazilian corporation. Construction · Portuguese · 2018
Chairman of the Arbitral Tribunal · CAM-CCBC · Logistics railway/commercial related case involving Brazilian groups. Transportation Infrastructure · Portuguese · 2017
Co-arbitrator · LCIA · Sale and purchase of oil involving Swiss/Italian and Brazilian corporations. Oil & Gas · English · 2017
Chairman of the Arbitral Tribunal · FGV · Sales and Purchase Agreement (SPA) of electricity through a federal bidding process involving Brazilian corporations. Energy · Portuguese · 2016
Chairman of the Arbitral Tribunal · ICC · International distributorship case of pharmaceutical products among Indian and Puerto Rican companies. International Distribution · English · 2016
Co-arbitrator · LCIA · Sale and Purchase Agreement (SPA) of offshore oil fields involving Brazilian and Dutch corporations. Oil & Gas · English · 2016
Emergency Arbitrator · AAA-ICDR · International distributorship agreement case involving U.S. and Canadian corporations for health products. International Distribution · English · 2014
Confidential, Represented a Brazilian wind power company in a dispute with a Dutch company regarding transfer of technology and related proceedings where we successfully halted the execution on a letter of credit in Switzerland.
Confidential, Represented a Brazilian purchaser of debt in a Portuguese-language arbitration brought by a large Brazilian bank regarding claims under the purchase and sale agreement, administered by the ICC, amounts confidential.
Triangulo Pisos e Paineis, Ltda. v. BR-111 Imports & Exports, Inc., Representation of a hardwood flooring manufacturer in a dispute with its distributor regarding unpaid invoices, warranty claims, and ownership of a trademark. We prevailed in the arbitration then successfully confirmed the award in a decision that recognized the absence of a motion to vacate under the Panama Convention. Later, we successfully pierced the corporate veil and held one successor entity liable, as well as one of the two shareholders.
Eco Tech Engenharia Ltda. v. Pothole Killers, LLC, Represented Brazilian lessee of heavy equipment in a dispute regarding a leasing contract. In related court proceedings, we successfully argued that interim awards are subject to the New York and Panama Conventions, one of the first such decisions.
Contributor, “Arbitration – Studies in Honor of Professor Guido Fernando da Silva Soares, in Memoriam;" Coordinators: Selma Maria Ferreira Lemes, Carlos Alberto Carmona, Pedro A Batista Martins, and Guido Fernando Silva Soares; Atlas Publisher, p. 175; 2007
Contributor, Memory Book of the Development of Arbitration in Brazil; Chapter "Interview by Joaquim de Paiva Muniz." Collective work organized by Joaquim de Paiva Muniz, Flávia Bittar Neves, Francisco Maia Neto and Ricardo Ranzolin, p. 215, 2018
Co-Author, Discovery Across the Globe – Obtaining Evidence Abroad to Support U.S. Proceedings, Chapter 3 Brazil, coordinators Harrison, Brett, Gavin Foggo, Jorge Mestre, Paula C. Arias, and American Bar Association. Section of Litigation. Sponsoring Body. Chicago, Illinois: American Bar Association, Litigation Section, 2020.
Contributor, Agribusiness Arbitration: Particularity and Importance of Specialized Entities, Book Arbitragem no Agronegócio, Editora Verbatim, Coordenador Marcos Reis, 2018.
Co-Author, Guerrilla warfare tactics in international arbitration, Book in Honor to Prof. Petronio R. Muniz, 20 Years of the Brazilian Arbitration Law, Coordinators: Carmona, Carlos Alberto Carmona, Pedro Batista Martins, Selma Ferreira-Lemes, p. 311, 2017
Co-Author, Mediation and Arbitration in Public Administration - Brazil and Portugal, Chapter: Arbitration and Mediation in Public Administration in Brazil and USA: a lookout in the actual reality of both institutes. Co-authored with Karin Hlavnicka. Coordinators: António Júdice Moreira, Asdrubal Franco Nascimbeni, Christiana Beyrodt, Mauricio Morais Tonin, 2020
Co-Author, “Brazil in the Context of International Arbitration” in Infrastructure Law of Brazil, Justen Filho, Marcal & Pereira, Cesar A.G., Eleven International Publishing, Boom Uitgevers Den Haag, (eds. 2010 & 2016).
Author, "Contrato Internacional. La intervención del poder judicial durante el proceso arbitral. El caso Jirau." Arbitraje Comercial Internacional, Reconocimiento y Ejecución de Sentencias y Laudos Arbitrales Extranjeros, Organization of American States (OAS). Documentos Oficiales; OEA, Ser. D, XIX, p. 219, 2015
University of Miami School of Law, International Comparative Law (Arbitration), LL.M.
Queen Mary and Westfield College, University of London, International Private Law (Arbitration), LL.M., cum laude
Paraná Federal University, School of Law, Specialization Private Law
Paraná Federal University, School of Law, Curitiba, Brazil, J.D.