International Law and Arbitration Print
International Law – Consultancy and Litigation
International Private Law: issues involving people, families, assets, inventories, partitions and contracts that produce effects in Brazil and abroad.
Cases that involve international procedural law, particularly questions of international jurisdiction, lis alibi pendens and exemption from jurisdiction, in all instances, in addition to ratification and enforcement of foreign judgments in the Superior Court of Justice.
International Litigation and Commercial Defense in Brazil, WTO and Mercosul
The commercial defense of companies at (i) national level – DECOM – Department of Commercial Defense, (ii) regional level – Mercosul and (iii) international level – World Trade Organisation is a little explored field of law in Brazil and one in which we also have expertise. We act in the defense of national companies on three levels: in cases of international trade rule violations in the hypothesis of “dumping”; subsidies and compensatory measures; as well as advising foreign companies in lawsuits alleging improper trade practices in the administrative and judicial spheres in Brazil.
Consultancy on a range of issues that affect foreign trade, such as trade defense, product entry barriers, scheme of origin. We act in the administrative sphere, dealing with the Foreign Trade Secretariat (SECEX), the Department of Commercial Defense (DECOM) and other relevant bodies, as well as in the judicial sphere.
With the support of our branch offices we are also able to assist our clients in cases involving restrictions on Brazilian exports or challenges to national legislation, filed with foreign judiciaries or administrative bodies, or in the WTO dispute resolution system. Furthermore, we offer services related to the accompaniment of international trade agreement negotiations to associations and government bodies.
Negotiation and Conclusion of International Contracts
The drafting and negotiation of international contracts is another important activity for our firm. Internal rights (domestic) do not cover the large diffusion of clauses, expressions and acronyms typical of international trade. This explains the international conventions that establish a set of alternative rules to regulate international trade relations more effectively.
Contracts by fax, electronic mail and video-conference substantially change the traditional modes of contract formulation, creating new and revolutionary formulas for international contracting: purchase and sale of goods, agency, representation, distribution, services, transfer of technology, “know-how”, “licensing”, “leasing”, “franchising”, “joint venture”, etc.
We are pioneers in the study of these new contractual modalities in Brazil, as well as in dealing with the legal effects of preliminary negotiations in Brazilian law.
Intellectual Property and Biodiversity
We are particularly active in the area of intellectual property, especially in the preparation of legal opinions. In this field, our firm can boast vast experience in advising our clients and securing greater protection of their rights, based on the legal framework established by the World Trade Organisation – TRIPS and new Brazilian laws on Industrial Property, Royalties and Related Rights, Software Protection, etc.
We also advise clients on the drafting and negotiation of domestic and international contracts for the transfer of technology, trademark and patent licensing, copyright, software, biotechnology, as well as acting in administrative and judicial litigation in intellectual property suits.
Internet and Information Technology
Our firm understands that the legal approach to the areas of I.T. and the Internet must take into account the convergence of telecommunications services in diverse technologies. As such, we seek to address telecommunications and intellectual property laws in an integrated manner, offering joint solutions regarding aspects of infrastructure and content in these areas.
We are experienced in the drafting and negotiation of contracts involving computer goods and services, such as consultancy agreements, distribution of computer products and programs, software licensing and contracts covering the outsourcing of I.T. operations.
We also provide specialized legal services in Internet issues, for example, legal auditing of websites, agreements and opinions relating to e-commerce, privacy policies, conflict resolution involving copyright, trademarks and domain names on the Internet, as well as legal consultancy for institutes of learning that wish to develop remote education (“e-learning”).
National, Regional and International Arbitration
Maristela Basso has wide experience in arbitration proceedings at national, regional (Mercosul) and international levels – from public and private viewpoints.
She was Vice-President of Brazil’s most important arbitration institution from 2013-2015 – the CAM/CCBC – Arbitration Centre of the Brazil-Canada Chamber of Commerce, and is now a member of its higher council. She is on the List of Brazilian Arbitrators from the MERCOSUL Dispute Settlement System – she was the first woman to be included on the list of arbiters and the first to judge – she was the Brazilian arbitrator in the dispute between Uruguay and Brazil over retreaded tires. She is on the list of specialist Panelists/Arbitrators from the Dispute Settlement System of the World Trade Organization – WTO. She is affiliated with various arbitration chambers and institutions in Brazil and abroad.