Mauricio Gomm Santos
FCIArb, CEDR Accredited Mediator, Arbitrator
GST LLP Founding Partner Mauricio Gomm Santos, brings more than 30 years of experience to bear as arbitrator and mediator in all international matters facing entities conducting global business today, including finance, international distributorships, infrastructure, utilities, technology and more. His areas of practice include agency and distribution, franchising, corporate, infrastructure, joint-ventures, logistics and transportation and oil and gas. Gomm Santos is licensed to practice in New York and in Brazil, and he is certified in Florida as a Foreign Legal Consultant. Leaders League ranked him among Brazil’s Best Arbitrators for 2019.
Gomm Santos is a Fellow of the Chartered Institute of Arbitrators (FCIArb), and mediator accredited by the Centre for Effective Resolution (CeDR). He acts as counsel and arbitrator pursuant to the rules of the world’s major arbitral institutions, such as the LCIA, ICC, ICDR/AAA, CPR, Inter-American Commercial Arbitration Commission (IACAC), Centro de Mediação e Arbitragem da Câmara de Comércio Brasil-Canada (CAM-CCBC). He is also in the roster of arbitrators of SIAC and HKIAC, among others. He has performed a number of unique roles, including offering expert testimony in common and civil law jurisdictions, serving as an emergency arbitrator, ad-hoc arbitrator, and mediator in international cases.
In addition to academic posts at University of Miami and at post-graduate courses on advanced mediation in the USA, England, and Brazil, Gomm Santos drafted the curriculum for an academic institute on international arbitration at University of Miami School of Law. He has authored numerous articles on topics related to international dispute resolution in major journals such as TDM (Transnational Dispute Management). He has spoken at hundreds of events and chaired conferences in the Americas, Europe, and Asia. At the request of the Organization of American States, he served as an expert on arbitration topics in high level discussions with justices from the Americas and the Caribbean.
His professional affiliations are many and varied. Gomm Santos is currently a member of the AAA-ICDR Council, and of the Latin American Group of ICC. He serves as Chairman of the Brazilian Advisory Committee of the ICDR/AAA, member of the Consultive Council of the Brazilian-American Chamber of Commerce of Florida and as Fellow of the Chartered Institute of Arbitrators, among others. His additional memberships include Clube dos Arbitralistas Lusófonos (CAL), International Council for Commercial Arbitration, Miami International Arbitration Society, NY State Bar Association Dispute Resolution Committee, Swiss Chinese Law Association, Singapore International Arbitration Centre, Hong Kong International Arbitration Centre and Centre for Effective Dispute Resolution.
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.
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 an American equipment dealer in an arbitration with a large Brazilian contractor regarding importation and tax issues. The case resulted in a confidential settlement.
Confidential, Represented a Brazilian agricultural cooperative in a dispute regarding access to certain agricultural products.
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, Advised Brazilian group in an arbitration regarding a share purchase agreement.
Confidential, Counsel to executives named in a high value arbitration of corporate law issues for a major Brazilian construction company.
Confidential, Represented a Brazilian distributor of heavy equipment in an arbitration with a US manufacturer pursuant to the ICDR Rules.
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.
Confidential, Represented a Brazilian construction company in an arbitration regarding damages claimed under a consulting contract.
Confidential, Represented Brazilian operator of a gas power plant against a US-based contractor regarding the installation of a turbine under a EPC contract.
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.
Confidential, Represented a Brazilian shareholder of a closely held corporation in regarding the distribution of perfumes and related products.
Confidential, Represented a Brazilian manufacturer in an arbitration with a large US buyer of white line appliances.
Confidential, Represented Brazilian distributor of automotive products in an ICC arbitration related to a joint venture agreement, amount claimed confidential.
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, International Commercial Arbitration Practice: 21st Century Perspectives, Publication 1530, LexisNexis, Chapter 8, September 2018
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, A CISG e o Brasil, Chapter: Article 7 - The interpretative tool of the CISG. Ingeborg Schwenzer, Cesar A. Guimaraes Pereira e Leandro Tripoli, p. 56, 2015
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).
Co-Author, "Corruption in International Arbitration: Evidentiary Challenges," 2019; online publication, CAMESP – Camara de Arbitragem e Mediação de Santa Catarina, Agosto 2020.
Contributor, The Role of Domestic Courts at the Beginning or During the Arbitral Process, in Organization of American States (OAS). Official Records; OEA/Ser.D/XIX, p. 45, 2015
Co-Author, State-Owned Entities and Enforcement of Arbitral Awards in the United States, Revista de Arbitragem e Mediação, nº 45, 2015.
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
Co-Author, ”The New Arbitration Rules of the International Centre for Dispute Resolution," Revista Brasileira de Arbitragem, vol. 44, ed. Sintese, p. 31, Oct-Dec 2014
AAA-ICDR, Chairman of the Brazilian Advisory Committee since 2009; Council Member since 2019; and Member of the Board of Directors, 2014-16
BACCF, Advisory Council Member with the Brazilian-American Chamber of Commerce of Florida since 2021
Clube dos Arbitralistas Lusófonos (CAL), Council Member. Organization to be launched June 30, 2021, during Paris Arbitration Week.
CBAr, Founding Member; Member of the Directors’ Committee since 2011; and Member of Fiscal Council since 2018
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.