Who's Who Legal
Who's Who Legal
New to Who's Who Legal?
New to Who's Who Legal?
Menu
User Menu
New to Who's Who Legal?
Thought Leaders

Thought Leaders

Fernando Marcondes

Fernando Marcondes

LO Baptista AdvogadosAvenida Paulista, 1294São PauloBrazil01310-100

Thought Leader

Thought Leaders - Construction 2019

Q&A

WWL Ranking: Thought Leader

WWL says

Fernando Marcondes is one of Brazil’s elite construction practitioners. He is described as a “strategic and holistic” lawyer who brings “strong leadership and focus on the heart of the matter”.

Questions & Answers

Fernando has been involved in law for 40 years, and his first contact with construction matters took place 29 years ago. He has written several books and papers on construction, infrastructure, arbitration and dispute boards. He also teaches these topics on postgraduate courses, and at workshops and conferences around the world. Fernando acts as a lawyer and sits as an arbitrator and dispute board member in infrastructure projects.

Describe your career to date.

I started my career as a court clerk in 1980. After almost nine years, when I finished law school, I began work as a lawyer in 1988.

In 1996, arbitration became a reality in Brazil. Identification with the construction market was immediate, so disputes in construction projects had quickly migrated to an arbitration environment. Since then, I have been acting as a lawyer and sitting as an arbitrator in several cases – more than 100 so far. I also sit as a dispute board member.

What are the most challenging aspects of being a construction lawyer in Brazil?

Being a construction lawyer means being ready to face hostile environments such as construction sites, where lawyers are not normally welcome. It also means being prepared to go deep into very complex matters and to investigate a huge number of documents, searching for clues that can lead us to the heart of the matter.

Your firm recently expanded into China. What changes and benefits do you expect this move to bring?

We believe that Asia, and China in the main, is the future. The Belt and Road Initiative will change the face of the world and Chinese companies are going to be involved in most of the mega infrastructure projects worldwide. Our clients are aware of the need to have China on their radar so we decided to provide legal services to Brazilian companies in China, as well as assist Chinese companies in Brazil. To realise this goal we allocated one of our partners in Beijing.

You combine your advisory and contractual work with dispute resolution, notably arbitration. How do the skills required for both activities complement one another?

Thinking as an arbitrator helps the lawyer in their strategy and teaches them how to behave properly in arbitration proceedings. You learn how to distinguish what really matters and what doesn’t. It’s a great advantage. Besides, thinking as a lawyer when you are sitting as an arbitrator helps you to be more tolerant of a lawyer’s behaviour and to be sensitive to their needs.

You have been deeply involved with dispute boards as a way to settle disputes in the infrastructure area. To what extent is this a growing trend in Brazil?

After more than 15 years “preaching” dispute boards in Brazil and Latin America, I can finally see the increasing interest of owners and contractors in this fantastic tool. I have been part of a dispute board in the São Paulo Metro expansion works since 2017 and the experience has been highly worthwhile.

What are the main challenges in terms of infrastructure for the new government in Brazil?

The new government must improve legal certainty and provide clear rules to future concession and PPP projects. There is a very competent technical team dedicated to doing so and I believe that Brazil is about to see a significant increase in its infrastructure and economy.

What advice would you give to someone looking to start a career in the field of construction law?

First, make yourself available to go wherever your client needs you to be. Be prepared to learn and understand lots of non-legal concepts, and to recognise totally different terms and language from what you learned in law school. Forget wearing a tie; don’t forget a hard hat and boots. And keep in mind that engineers want to build – try to respect their space and decisions. You must help them, not drive them crazy with formalities.

What’s the secret of your success?

Wake up early. Be empathetic with your client and even-handed with other parties. Seek solutions, not problems. Go deep into your client’s business and try to understand all the aspects of it. And give opportunity to everyone. Success is something to reach as a group, never alone. There is no happiness in loneliness.

Global Leader

Construction 2019

Professional Biography

WWL Ranking: Thought Leader

WWL says

Fernando Marcondes is one of Brazil's elite construction practitioners. He is described as a "strategic and holistic" lawyer who brings "strong leadership and focus on the heart of the matter". 

Biography

Fernando Marcondes practises in the areas of construction, infrastructure, real estate and arbitration.

He represents national and international clients in major operations involving infrastructure, industries and real estate buildings, legal management of construction contracts, negotiation, and dispute resolution; and he acts as an arbitrator in construction and real estate-related matters. He has acted as an arbitrator in a number of procedures on infrastructure projects (hydropower, thermoelectric, wind power, highways) and mining.

Fernando has a master’s degree, and a postgraduate degree, in civil law from the Pontifical Catholic University of São Paulo. He is the author of Arbitragem Comercial, Guia Prático para o Cidadão; co-author of Construção Civil e DireitoArbitragem e Perícia and Arbitragem: Temas Contemporâneos; and coordinator and co-author of Operações Imobiliárias – Estruturação e Tributação, Direito da Construção – estudos sobre as várias áreas do Direito aplicadas ao mercado da construção and Temas de Direito da Construção. He is also the author of various articles on arbitration and construction law in magazines and newspapers.

Fernando is a former college professor, and a coordinator and professor of the construction law course at IICS.

Fernando is considered one of the leading lawyers for arbitration in Brazil by Latin Lawyer 250LACCA Approved; and Expert Guides, which also names him in its list of the “Best of the Best” in Latin America. He is also “highly recommended” for his infrastructure practice by Latin Lawyer 250. In addition, he is recognised as a leading construction lawyer by The Legal 500, which praises his “excellent knowledge”, and by Who’s Who Legal; and as a “highly recommended” individual in the infrastructure/regulatory and construction/engineering sections of Anuário Análise Advocacia 500.

Fernando’s professional highlights include: assisting on the hiring expansion works at the airport of a Central American country; advising on a client’s internal cultural adaptation and negotiation of an alliance agreement for running public transport works; advising on arbitration relating to the work of a large hydroelectric plant; advising a highway concessionaire in various works contracts on federal highways; project structuring for the construction of private port for disposal of grain harvest; and assisting companies involved in infrastructure projects concessions related to the 2016 Olympic Games.

Fernando speaks Portuguese, English and Spanish.

Fernando is the founder, ex-president and permanent council member of the Brazilian Institute of Construction Law (IBDiC); an appointed country representative in Brazil for the Dispute Resolution Board Foundation; vice president of the Infrastructure Law Commission of the Brazilian Bar Association (Rio de Janeiro section); vice president of the Spanish Arbitration Club’s Brazilian chapter; and adviser at the Mediation and Arbitration Chamber at the Engineering Institute of São Paulo. He is also a member of the SindusCon/SP legal committee; the FIESP construction industry superior council; the Society of Construction Law (London); the Dispute Resolution Board Foundation (USA); and the Brazilian Arbitration Committee (CBAr). In addition, is a member of the list of arbitrators at the Brazil-Canada Chamber of Commerce (CAM-CCBC), Chamber of Mediation and Arbitration at CIESP/FIESP; the FGV Chamber; the Brazilian Center for Mediation and Arbitration (CBMA), the Chamber of Mediation and Arbitration of the Commercial Association of Paraná (ARBITAC), the Business Arbitration Chamber (CAMARB) and the Arbitration Centre of the Bolivian Chamber of Hydrocarbons and Energy.

National Leader

Brazil - Arbitration

Professional Biography

WWL Ranking: Recommended

WWL says

Fernando Marcondes receives widespread praise from peers in the Brazilian market who distinguish him as “excellent for construction arbitration” matters.

Biography

Fernando Marcondes practises in the areas of construction, infrastructure, real estate and arbitration.

He represents national and international clients in major operations involving infrastructure; industries and real estate buildings; legal management of construction contracts; negotiation; and dispute resolution. He sits as arbitrator in construction and real estate-related matters, and has acted as an arbitrator in relation to several infrastructure projects (hydropower, thermoelectric, wind power, highways) and mining cases.

Fernando has a postgraduate degree in civil law from the Pontifical Catholic University of São Paulo. He is the author of Arbitragem Comercial: Guia Prático para o Cidadão, and co-author of Construção Civil e DireitoArbitragem e Perícia and Arbitragem: Temas Contemporâneos. He i salso the co-editor of Operações Imobiliárias – Estruturação e Tributação; Direito da Construção; Temas de Direito da Construção; and Direito da Construção no Ambiente Internacional. He is also the author of several papers on arbitration and construction law in magazines and newspapers.

Fernando is a former college professor of civil and construction law.

Fernando is considered one of the leading lawyers for arbitration in Brazil by Latin Lawyer 250LACCA Approved; and Expert Guides, which also names him in its list of the “Best of the Best” in Latin America. He is also “highly recommended” for his infrastructure practice by Latin Lawyer 250. In addition, he is recognised as a leading construction lawyer by The Legal 500, which praises his “excellent knowledge”; as a Thought Leader in construction by Who’s Who Legal; and as a “highly recommended” individual in the infrastructure/regulatory and construction/engineering sections of Anuário Análise Advocacia 500.

Fernando’s professional highlights include: assisting on the hiring expansion works at the airport of a Central American country; advising on a client’s internal cultural adaptation, and the negotiation of an alliance agreement for running public transport works; advising on arbitration relating to the work of a large hydroelectric plant; advising a highway concessionaire in various contracts on federal highways; project structuring for the construction of private port for disposal of grain harvest; assisting on a construction contract for airport expansion and retrofit; assisting a construction company in an arbitration proceeding related to oil refinery; and advising companies involved in infrastructure projects concessions related to the 2016 Olympic Games.

Fernando speaks Portuguese, English and Spanish.

Fernando is the founder, ex-president and permanent council member of the Brazilian Institute of Construction Law (IBDiC); an appointed country representative in Brazil for the Dispute Resolution Board Foundation; former vice president of the infrastructure law commission of the Brazilian Bar Association (Rio de Janeiro section); and president of the Spanish Arbitration Club’s Brazilian chapter. He is also a member of the SindusCon/SP legal committee; the Society of Construction Law (London); and the Brazilian Arbitration Committee (CBAr). In addition, he is a member of the list of arbitrators at the Brazil-Canada Chamber of Commerce (CAM-CCBC); the Chamber of Mediation and Arbitration at CIESP/FIESP; the FGV Chamber; the Brazilian Centre for Mediation and Arbitration (CBMA); the Chamber of Mediation and Arbitration of the Commercial Association of Paraná (ARBITAC); the Business Arbitration Chamber (CAMARB); and the Arbitration Centre of the Bolivian Chamber of Hydrocarbons and Energy.

Brazil - Construction

Professional Biography

WWL Ranking: Recommended

WWL says

Fernando Marcondes is internationally recognised as leading construction lawyer. He is "highly experienced" and praised by market sources for the "high-quality" work he produces.

Biography

Fernando Marcondes practises in the areas of construction, infrastructure, real estate and arbitration.

He represents national and international clients in major operations involving infrastructure; industries and real estate buildings; legal management of construction contracts; negotiation; and dispute resolution. He sits as arbitrator in construction and real estate-related matters, and has acted as an arbitrator in relation to several infrastructure projects (hydropower, thermoelectric, wind power, highways) and mining cases.

Fernando has a postgraduate degree in civil law from the Pontifical Catholic University of São Paulo. He is the author of Arbitragem Comercial: Guia Prático para o Cidadão, and co-author of Construção Civil e DireitoArbitragem e Perícia and Arbitragem: Temas Contemporâneos. He i salso the co-editor of Operações Imobiliárias – Estruturação e Tributação; Direito da Construção; Temas de Direito da Construção; and Direito da Construção no Ambiente Internacional. He is also the author of several papers on arbitration and construction law in magazines and newspapers.

Fernando is a former college professor of civil and construction law.

Fernando is considered one of the leading lawyers for arbitration in Brazil by Latin Lawyer 250LACCA Approved; and Expert Guides, which also names him in its list of the “Best of the Best” in Latin America. He is also “highly recommended” for his infrastructure practice by Latin Lawyer 250. In addition, he is recognised as a leading construction lawyer by The Legal 500, which praises his “excellent knowledge”; as a Thought Leader in construction by Who’s Who Legal; and as a “highly recommended” individual in the infrastructure/regulatory and construction/engineering sections of Anuário Análise Advocacia 500.

Fernando’s professional highlights include: assisting on the hiring expansion works at the airport of a Central American country; advising on a client’s internal cultural adaptation, and the negotiation of an alliance agreement for running public transport works; advising on arbitration relating to the work of a large hydroelectric plant; advising a highway concessionaire in various contracts on federal highways; project structuring for the construction of private port for disposal of grain harvest; assisting on a construction contract for airport expansion and retrofit; assisting a construction company in an arbitration proceeding related to oil refinery; and advising companies involved in infrastructure projects concessions related to the 2016 Olympic Games.

Fernando speaks Portuguese, English and Spanish.

Fernando is the founder, ex-president and permanent council member of the Brazilian Institute of Construction Law (IBDiC); an appointed country representative in Brazil for the Dispute Resolution Board Foundation; former vice president of the infrastructure law commission of the Brazilian Bar Association (Rio de Janeiro section); and president of the Spanish Arbitration Club’s Brazilian chapter. He is also a member of the SindusCon/SP legal committee; the Society of Construction Law (London); and the Brazilian Arbitration Committee (CBAr). In addition, he is a member of the list of arbitrators at the Brazil-Canada Chamber of Commerce (CAM-CCBC); the Chamber of Mediation and Arbitration at CIESP/FIESP; the FGV Chamber; the Brazilian Centre for Mediation and Arbitration (CBMA); the Chamber of Mediation and Arbitration of the Commercial Association of Paraná (ARBITAC); the Business Arbitration Chamber (CAMARB); and the Arbitration Centre of the Bolivian Chamber of Hydrocarbons and Energy.

Law Business Research
Law Business Research Ltd
Meridian House, 34-35 Farringdon Street
London EC4A 4HL, UK
© Law Business Research Ltd 1998-2019. All rights reserved.
Company No.: 03281866