Rafael Gagliardi

Summary

Rafael has over 25 years of experience in complex disputes, acting as attorney and arbitrator.

He was co-head of the litigation department of one of the most prestigious full-service Brazilian law firms for successive terms.

Rafael holds Ph.D., Master’s, and Bachelor’s Degrees from Pontifical Catholic University of São Paulo (PUC-SP) and was a visiting researcher at the London School of Economics and Political Science (LSE).

Background

Rafael focuses his practice on disputes involving major domestic and international companies, mainly in the areas of private law, energy, infrastructure, and construction.

In addition to teaching at the graduate programs of PUC-SP, the Brazilian Institute of Energy Law (IBDE), and other institutions, he is a Fellow of the Chartered Institute of Arbitrators (CIARB).

He is on the roster of arbitrators at institutions such as the Brazil-Canada Chamber of Commerce Arbitration and Mediation Center (CAM-CCBC), Brazilian Center of Mediation and Arbitration (CBMA), Business Arbitration and Mediation Chamber – Brazil (CAMARB).

He authored, co-authored, and organized several books and articles in addition to being a lecturer in Brazil and abroad.

Relevant Experience

Represented an electromechanics consortium in a USD 2.5 billion international ICC arbitration case involving construction and energy.

Represented the concession holder of the largest fully Brazilian hydroelectric plant before the National Electricity Agency (ANEEL) and the Brazilian courts in proceedings regarding delays in the construction of the power plant and their regulatory consequences. The amount involved is estimated at US$ 1.2 billion.

Represented a foreign state-owned oil & gas company in an international ICC arbitration before an arbitral tribunal composed of English arbitrators to discuss liability for termination of a farmout agreement. The amount involved exceeds USD 1.5 billion.

Represented one of the largest energy producers in Brazil in an international ICC arbitration seated in New York over liability for termination of an agreement to supply solar panels to Latin America’s largest photovoltaic power plant. The amount involved is USD 210 million.

Represented the company responsible for developing the online/real-time betting system of the Brazilian Federal Lottery in a public-interest civil action brought by Federal Prosecutors alleging administrative corruption and seeking indemnification of more than USD 2 billion, in addition to other non-monetary punishments.

Represented one of the world’s largest car manufacturers in arbitration and related judicial disputes against a foreign group of suppliers responsible for several stoppages in the production lines and for losses that exceeded USD 200 million in Brazil alone. The case had repercussions in several other countries and required coordination with firms from other jurisdictions.

Represented one of the world’s largest car manufacturers in litigation seeking to restore a contract’s economic and financial balance for use of a port terminal. The claim is worth approximately USD 100 million.

“Gagliardi has an excellent approach to complex litigation, with a great balance of steady leadership and strategy proposals. Additionally, he has strong commitment to the client and their team.”

“Rafael impressed the entire team with his extraordinary expertise. In addition, he is a fierce litigator with a lot of charisma and the ability to present complex issues in a crystal-clear manner.”

Chambers Latin America 2023