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Adriana Braghetta
Office:
Avenida Paulista, 1294
01310-100
City:
São Paulo
Country:
Brazil
Tel:
+55 11 3147 0800
Fax:
+55 11 3147 0811

Questions and Answers:

Who's Who Legal Thought Leaders - Arbitration

Adriana Braghetta has a JD (1993), an LLM (2000) and a JSD (2008) from the University of São Paulo, and specialised in economics and business law at Fundação Getulio Vargas (2001). She is co-head of the arbitration practice at LO Baptista Advogados; governing board member (2012–) and former vice president (2014–2017) of ICCA; and member of the Legal Commission, formed in 2013 by the Brazilian Federal Senate, to review the Brazilian Arbitration Act.

What inspired you to enter the legal profession?

The Congress discussions about the revision of constitution that took place in Brazil when I was young. It was finally promulgated in 1988.

What aspects of contentious work and disputes most appeal to you?

The challenge to try to convince a third party and the adjudicator, and the need to adjust the strategy depending on your opponent. In the international arbitration realm, the demands are even greater as we have to deal with different backgrounds and cultures. All this is highly stimulating.

How healthy is the arbitration landscape in Brazil and South America?

Brazil continues to do outstanding work. In 2014 Brazilian parties made the third most frequent appearances in ICC arbitrations. From May 2017 onwards, ICC will administer cases from São Paulo. Other countries in Latin America are also in a very healthy position, such as Mexico, Chile, Colombia and Peru.

What is arbitration’s position in the regional market compared to other forms of dispute resolution such as litigation and mediation?

In commercial disputes, even domestic ones, it is becoming natural to choose arbitration instead of court litigation – especially in Brazil, as a court case may take many years to be finally decided.

You currently both act as a lawyer and sit as an arbitrator. Do you intend to become a full-time arbitrator at some point, and if so how would you look to achieve that?

I still do a lot of counsel work although I’m sitting frequently as arbitrator. I believe that within 10 years’ time, the vast majority of my time will be dedicated to acting as arbitrator (approximately 80 per cent) but I will keep on doing counsel work. As Brazil does not participate in investment arbitration, I don’t have the double-hatting issue. In commercial cases, I think that it is extremely useful and interesting to keep on doing both.

What do you most admire about LO Baptista Advogados?

Although we are a full-service firm with teams specialised in each area, we consider our dispute resolution practice a boutique as we are 22 lawyers dedicated solely to arbitration (apart from the group that works in court cases). We have six partners in the arbitration group who share the same philosophy: excellence of work; partners personally involved in cases; and continued improvement (including from an academic perspective). Another highlight I must mention – because it’s something I truly value – is the gender diversity we have in all practice areas as a result of a very solid firm culture that has been with us since the beginning.

Biography:

Who's Who Legal Arbitration: Lawyers

Adriana Braghetta co-coordinates the arbitration team of LO Baptista-SVMFA. She has 20 years of experience in judicial disputes and national and international arbitration, acting both as lawyer and arbitrator. Her practice comprises civil, commercial and corporate matters, in a wide range of sectors (for instance, energy, construction, real state, software, franchising, pharmaceutical and banking).

For several years, she has been named as one of Brazil’s leading arbitration lawyers by Who’s Who Legal, Chambers Global and Latin Lawyer, among others.

Adriana is a professor of arbitration at various institutions. She coordinates the arbitration course at IICS, and often lectures and publishes articles on arbitration. She is the author of A Importância da Sede da Arbitragem: Visão a partir do Brasil.

Adriana has been the vice president of ICCA since 2014. She chaired the Brazilian Arbitration Committee (CBAr) from 2009 to 2012, She participates as a committee member in various academic and arbitral institutions, including ILA, ICC, ICDR, the Brazil-Canada Chamber of Commerce, the Centre of the Industries of the State of São Paulo, and AMCHAM.

In 1993 Adriana graduated from the University of São Paulo, where she also obtained her PhD in 2008. She specialised at Fundação Getúlio Vargas (FGV) and obtained her master’s degree in 2000.

Adriana speaks Portuguese, English, French and Spanish.

WWL says: Adriana Braghetta is regarded as "undoubtedly one of the best in Brazil" for arbitration matters.

This biography is an extract from Who's Who Legal: Arbitration which can be purchased from our Shop.

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