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Thought Leaders

Thought Leaders

Thought Leader

WWL Ranking: Global Elite Thought Leader

WWL says

Júlio César Bueno is one of the world’s foremost construction specialists. Peers laud him as “a great lawyer” with “deep knowledge of construction law” who is “particularly good in transactional work”.

Questions & Answers

Júlio César Bueno has been a partner at Pinheiro Neto Advogados since 2001. He has national and international experience focusing on the practice of construction law and engineering contracts, project finance and public procurement, as well as on arbitration and mediation proceedings, and dispute boards. He is the president of the Brazilian Society of Construction Law, and of Region 2 of the Dispute Resolution Board Foundation. He holds a master’s degree from the University of Cambridge (LLM, 1995) and a doctorate from the University of São Paulo Law School (PhD, 2001). He is a founder fellow of the International Academy of Construction Lawyers and officer of the Latin American & Caribbean Users’ Council for the London Court of International Arbitration.

What attracted you to a career in construction law?

The practice of construction law requires a multidisciplinary approach to the case and a special client-care focus. I enjoy being close to the client and acting as a trusted adviser, designing the strategy for a complicated case. The same applies to disputes related to large infrastructure, which are quite often complex and require my devoted attention as counsel or arbitrator.

What technological developments do you see most impacting the construction profession at present? 

I believe building information modelling (BIM) is the most important technology development to have an impact the construction industry. BIM is an intelligent 3D model-based process that gives architecture, engineering and construction professionals the insight and tools to more efficiently plan, design, construct, and manage buildings and infrastructure.

How has the regulatory landscape covering construction changed since you started practising?

The regulatory framework has become more efficient and focused on the development of construction, and is no longer necessarily related to administrative law.

How do you see the PPP market developing in Brazil over the next few years?

The international experience was reviewed and taken into account when the PPP legal framework was developed in Brazil. Nevertheless, public support is a requirement for the success of any PPP project, and a clear means of communication is therefore essential. It is essential that the entities implementing a PPP project in Brazil establish a clear communication strategy, with special attention to politically sensitive areas.

What are the main challenges of conducting cross-border construction deals?

An important cross-border construction deal requires the practitioner to understand and deal with the challenges of distinct legal cultures. They carry additional risks and challenges, as the parties may have very different business cultures and practices.

How does Pinheiro Neto distinguish itself from competitors in the market?

Pinheiro Neto’s “tradition to innovate” approach has led us to create a combined construction and project finance team that can put forward the required legal knowledge in the areas of financing, construction and engineering contracts, socio-environmental challenges, guarantees and dispute resolution.

What has been your greatest achievement to date? 

Having been able to organise the international congress of the Society of Construction Law in São Paulo, in 2016, with more than 450 attendees from 35 countries. It was the most important event to date for the development of construction law in Latin America.

What is the best piece of career advice you have received?

I learned as a trainee at Pinheiro Neto Advogados that to succeed in the legal services market, client care is of utmost importance. In this context, we must be prepared to deal with the constant challenges of Brazil’s economy and politics. There are also five golden rules for any lawyer. One, always strive to learn. Two, never miss an opportunity to anticipate your client’s needs and expectations. Three, continuously improve your work and make each case better than the last one. Four, learn several languages – the more, the better. And five, always be ethical and respectful towards everyone. Avoid arrogance at all costs.

WWL Ranking: Thought Leader
Thought Leaders - Construction 2020

Q&A

WWL Ranking: Thought Leader

WWL says

Júlio César Bueno is “one of the best” and “very knowledgeable” according to impressed sources.

Questions & Answers

He has national and international experience focusing on the practice of construction law and engineering contracts, project finance and public procurement, as well as on arbitration and mediation proceedings, and dispute boards. He is the president of the Brazilian Society of Construction Law, and past president of Region 2 of the Dispute Resolution Board Foundation. He holds a master’s degree from the University of Cambridge (LLM, 1995) and a doctorate from the University of São Paulo Law School (PhD, 2001). He is a founder fellow of the International Academy of Construction Lawyers and officer of the Latin American & Caribbean Users’ Council for the London Court of International Arbitration.
Who have been major influences in your construction law and arbitration career, and why?
Choosing names that have influenced me positively in my career is difficult. Luckily, I was very fortunate in this regard and, since the beginning of my professional activity, there have been many mentors, teachers and colleagues who not only supported me, but, above all, inspired me to always study and work in an ethical and dedicated way. However, specifically in the areas of construction law and arbitration I could name at least four essential names: Professor Doug Jones (Australia and UK); Sir Vivian Ramsey (UK); Robert Peckar (US); and Celso Cintra Mori (Brazil).
How has the construction industry addressed conflicts that have arisen due to covid-19?
Although construction activity was considered an “essential activity” and not subject to temporary restrictions due to the covid-19 pandemic, the construction sector was severely affected, among other factors, by the additional regulations imposed by public authorities; the problems with transporting workers; the challenges faced in the supply of equipment and materials; and, mainly, due to the decrease in the granting of financing and the need to terminate termination or review contracts. In view of this scenario, there were many requests for advance protection filed in court and the acceleration towards arbitration proceedings. However, at the same time, it is important to highlight the innovative efforts in the search for adequate minimum conditions for the maintenance of contracts, through mediation and crisis dispute boards.
In what ways has the privatisation of public projects and the Brazilian government’s approval of arbitration as a dispute resolution mechanism impacted the arbitration market?
The broad and express legal recognition of arbitration involving the Public Administration is a recent phenomenon, whose consolidation refers to the normative change that occurred with the advent of Federal Law 13.129/2015, which reformed Federal Law 9.307/1996 (the Arbitration Law). Since then, there is an express legal provision that arbitration is an appropriate method of resolving conflicts over available property rights involving the Public Administration. Paragraph 1 of art. 1 of the Arbitration Law brings the legal authorisation (included by Federal Law 13.129/2015): “The direct and indirect public administration may use arbitration to settle conflicts related to available property rights”. Therefore, the states and the Federal Government began to perceive in the arbitration (when inserting arbitration clauses in administrative contracts) the credibility and attraction of private investors, mainly in infrastructure investment. The speed and procedural objectivity of the arbitration, as well as the technical capacity of the judges (arbitrators) make, in large strides, their method appropriate in complex Public Administration contracts, applied, for example, in public-private partnerships and common concessions, for example.
What role does mediation have to play in construction and corporate disputes going forward?
Law No. 13,140/2015 (Mediation Law) regulates the mediation procedure between private individuals, the practice of judicial mediation and extrajudicial mediation, and confirmed the legal adequacy of this consensual method of conflict resolution by the Public Administration. Mediation is an effective conflict resolution tool that has been increasingly used in Brazil in the area of infrastructure, let alone after the advent of the pandemic. Several national and international dispute resolution institutions and chambers have dedicated themselves to promoting the use of mediation in Brazil, guaranteeing its efficiency even through the training of local mediators.
What has been your experience of the digitisation of arbitration during the pandemic?
The covid-19 pandemic forced parties and arbitral chambers to carry out all their procedures virtually. The process – already underway in the main chambers of the country – was streamlined in view of the need for social distancing. The experience has been very good, even in complex infrastructure cases.
You are a founder fellow of the International Academy of Construction Lawyers. What construction issues are at the forefront of the academy’s work, and why?
The possibility of meeting with my esteemed fellows at the International Academy of Construction Lawyers is a unique and very special opportunity and I feel very blessed to be part of IACL. With the main international think tanks in the areas of construction law and arbitration, it always drives us to think about the future of the construction industry, its main trends in the application of technology, its best contractual models and the most appropriate means for resolving its disputes.
What changes to arbitration practice that were adopted to counteract the effects of the pandemic will remain, and why?
The possibility of using digital means avoided the interruption of arbitration procedures and generated its necessary and expected speed. Another unequivocal positive impact is on the important issue of sustainability, since, thus, we can “go green”, avoiding the displacement and printing of large quantities of petitions and documents, in addition to travel and accommodation costs. I believe that, with goodwill and careful regulation in the Term of Arbitration, this reality may appear increasingly concrete and effective, especially for cases of international multiparty arbitrations.
You have enjoyed an outstanding career to date. What would you like to achieve next?
There is always a lot to do. That’s life! But, I understand that the most important part of my career today is directed to the continue growth of the areas of litigation, construction law and arbitration in Pinheiro Neto Advogados, where I started as an trainee 30 years ago, and the training of its new leaders. Furthermore, I should also focus on dedicating myself to and collaborating with the sector’s institutions, learning from colleagues and working heavily on the dissemination of best practices in contracting and resolving disputes in construction contracts and infrastructure projects.

Global Leader

Construction 2020

Professional Biography

WWL Ranking: Global Elite Thought Leader

WWL says

Júlio César Bueno is "one of the best" and "very knowledgeable" according to impressed sources.

Biography

Júlio César Bueno has been a partner at Pinheiro Neto Advogados since 2001. He is based in São Paulo and has considerable national and international experience focusing on the practice of construction law and engineering contracts (including the use of FIDIC and NEC standard forms), project finance and public procurement, as well as on arbitrations, mediations and dispute boards.

He represents some of the world’s largest organisations (owners, multilateral agencies, financial institutions, contractors and developers) in their global infrastructure and construction projects located throughout Brazil and the rest of Latin America, as well as in Africa. He assists clients across the entire project spectrum; some recent examples include gas facilities, power plants (nuclear, coal-fired, gas-fired, combined cycle, hydro), wind farms, steel manufacturing facilities, copper-mining facilities, coal mining facilities and ports.

He is the president of the Brazilian chapter of the Latin America Society of Construction Law. He is also a member of the Dispute Resolution Board Foundation, and acts as officer of the International Bar Association’s Latin American regional forum and is a former officer of the International Bar Association’s international construction law committee.

He is also a fellow of the Chartered Institute of Arbitrators (FRICS), a fellow of the International Academy of Construction Lawyers (FIACL), a member of Royal Institution of Chartered Surveyors (MRICS), and a member of the São Paulo Engineering Institute Arbitration and Mediation Chamber.

He holds a law degree from the University of São Paulo Law School (LLB 1991); a master’s degree from the University of Cambridge (LLM 1995); and a doctorate from the University of São Paulo Law School (PhD 2001).

Júlio César Bueno was a member of the committee responsible for the translation of the FIDIC Red Book and FIDIC Silver Book editions to Portuguese. He has published several articles on matters relating to civil procedure law, energy, engineering contracts, infrastructure and construction law.

He has been listed among the “Most Highly Regarded Individuals in Construction Law”, by Who’s Who Legal. He is recommended in Who’s Who Legal (for construction, project finance and public procurement); Chambers Latin America (for construction and projects, and dispute resolution); Practical Law Company (for construction and projects); IFLR1000, the International Financial Law Review (for project finance) and Brazilian directory Análise da Advocacia (for construction and projects, dispute resolution and contracts).

WWL Ranking: Recommended
Project Finance 2020

Professional Biography

WWL Ranking: Recommended

WWL says

The "very well-known" Júlio César Bueno is acclaimed as "incredibly cooperative" on major projects and a "specialist in EPC contracts".

Biography

Júlio César Bueno has been a partner at Pinheiro Neto Advogados since 2001. He is based in São Paulo and has considerable national and international experience focusing on the practice of construction law and engineering contracts (including the use of FIDIC and NEC standard forms), project finance and public procurement, as well as on arbitrations, mediations and dispute boards.

He represents some of the world’s largest organisations (owners, multilateral agencies, financial institutions, contractors and developers) in their global infrastructure and construction projects located throughout Brazil and the rest of Latin America, as well as in Africa. He assists clients across the entire project spectrum; some recent examples include gas facilities, power plants (nuclear, coal-fired, gas-fired, combined cycle, hydro), wind farms, steel manufacturing facilities, copper-mining facilities, coal mining facilities and ports.

He is the president of the Brazilian chapter of the Latin America Society of Construction Law. He is also a member of the Dispute Resolution Board Foundation, and acts as officer of the International Bar Association’s Latin American regional forum and is a former officer of the International Bar Association’s international construction law committee.

He is also a fellow of the Chartered Institute of Arbitrators (FRICS), a fellow of the International Academy of Construction Lawyers (FIACL), a member of Royal Institution of Chartered Surveyors (MRICS), and a member of the São Paulo Engineering Institute Arbitration and Mediation Chamber.

He holds a law degree from the University of São Paulo Law School (LLB 1991); a master’s degree from the University of Cambridge (LLM 1995); and a doctorate from the University of São Paulo Law School (PhD 2001).

Júlio César Bueno was a member of the committee responsible for the translation of the FIDIC Red Book and FIDIC Silver Book editions to Portuguese. He has published several articles on matters relating to civil procedure law, energy, engineering contracts, infrastructure and construction law.

He has been listed among the “Most Highly Regarded Individuals in Construction Law”, by Who’s Who Legal. He is recommended in Who’s Who Legal (for construction, project finance and public procurement); Chambers Latin America (for construction and projects, and dispute resolution); Practical Law Company (for construction and projects); IFLR1000, the International Financial Law Review (for project finance) and Brazilian directory Análise da Advocacia (for construction and projects, dispute resolution and contracts).

National Leader

WWL Ranking: Recommended

WWL says

Júlio César Bueno is highly esteemed by market commentators who consider him a go-to name in Brazil for sophisticated construction and procurement disputes. 

Biography

Júlio César Bueno has been a partner at Pinheiro Neto Advogados since 2001. He is based in São Paulo and has considerable national and international experience focusing on the practice of construction law and engineering contracts (including the use of FIDIC and NEC standard forms), project finance and public procurement, as well as on arbitrations, mediations and dispute boards.

He represents some of the world’s largest organisations (owners, multilateral agencies, financial institutions, contractors and developers) in their global infrastructure and construction projects located throughout Brazil and the rest of Latin America, as well as in Africa. He assists clients across the entire project spectrum; some recent examples include gas facilities, power plants (nuclear, coal-fired, gas-fired, combined cycle, hydro), wind farms, steel manufacturing facilities, copper-mining facilities, coal mining facilities and ports.

He is the president of the Brazilian chapter of the Latin America Society of Construction Law. He is also a member of the Dispute Resolution Board Foundation, and acts as officer of the International Bar Association’s Latin American regional forum and is a former officer of the International Bar Association’s international construction law committee.

He is also a fellow of the Chartered Institute of Arbitrators (FRICS), a fellow of the International Academy of Construction Lawyers (FIACL), a member of Royal Institution of Chartered Surveyors (MRICS), and a member of the São Paulo Engineering Institute Arbitration and Mediation Chamber.

He holds a law degree from the University of São Paulo Law School (LLB 1991); a master’s degree from the University of Cambridge (LLM 1995); and a doctorate from the University of São Paulo Law School (PhD 2001).

Júlio César Bueno was a member of the committee responsible for the translation of the FIDIC Red Book and FIDIC Silver Book editions to Portuguese. He has published several articles on matters relating to civil procedure law, energy, engineering contracts, infrastructure and construction law.

He has been listed among the “Most Highly Regarded Individuals in Construction Law”, by Who’s Who Legal. He is recommended in Who’s Who Legal (for construction, project finance and public procurement); Chambers Latin America (for construction and projects, and dispute resolution); Practical Law Company (for construction and projects); IFLR1000, the International Financial Law Review (for project finance) and Brazilian directory Análise da Advocacia (for construction and projects, dispute resolution and contracts).

Brazil - Construction

Professional Biography

WWL Ranking: Recommended

WWL says

Júlio César Bueno is an "excellent lawyer" in the Brazilian construction space. He works with clients on a broad spectrum of projects, including those relating to power plants, mining facilities and wind farms.

Biography

Júlio César Bueno has been a partner at Pinheiro Neto Advogados since 2001. He is based in São Paulo and has considerable national and international experience focusing on the practice of construction law and engineering contracts (including the use of FIDIC and NEC standard forms), project finance and public procurement, as well as on arbitrations, mediations and dispute boards.

He represents some of the world’s largest organisations (owners, multilateral agencies, financial institutions, contractors and developers) in their global infrastructure and construction projects located throughout Brazil and the rest of Latin America, as well as in Africa. He assists clients across the entire project spectrum; some recent examples include gas facilities, power plants (nuclear, coal-fired, gas-fired, combined cycle, hydro), wind farms, steel manufacturing facilities, copper-mining facilities, coal mining facilities and ports.

He is the president of the Brazilian chapter of the Latin America Society of Construction Law. He is also a member of the Dispute Resolution Board Foundation, and acts as officer of the International Bar Association’s Latin American regional forum and is a former officer of the International Bar Association’s international construction law committee.

He is also a fellow of the Chartered Institute of Arbitrators (FRICS), a fellow of the International Academy of Construction Lawyers (FIACL), a member of Royal Institution of Chartered Surveyors (MRICS), and a member of the São Paulo Engineering Institute Arbitration and Mediation Chamber.

He holds a law degree from the University of São Paulo Law School (LLB 1991); a master’s degree from the University of Cambridge (LLM 1995); and a doctorate from the University of São Paulo Law School (PhD 2001).

Júlio César Bueno was a member of the committee responsible for the translation of the FIDIC Red Book and FIDIC Silver Book editions to Portuguese. He has published several articles on matters relating to civil procedure law, energy, engineering contracts, infrastructure and construction law.

He has been listed among the “Most Highly Regarded Individuals in Construction Law”, by Who’s Who Legal. He is recommended in Who’s Who Legal (for construction, project finance and public procurement); Chambers Latin America (for construction and projects, and dispute resolution); Practical Law Company (for construction and projects); IFLR1000, the International Financial Law Review (for project finance) and Brazilian directory Análise da Advocacia (for construction and projects, dispute resolution and contracts).

Brazil - Project Finance

Professional Biography

WWL Ranking: Recommended

WWL says

Júlio César Bueno is a distinguished figure in the project finance arena, where he possesses extensive experience advising clients across the construction and engineering sectors. 

Biography

Júlio César Bueno has been a partner at Pinheiro Neto Advogados since 2001. He is based in São Paulo and has considerable national and international experience focusing on the practice of construction law and engineering contracts (including the use of FIDIC and NEC standard forms), project finance and public procurement, as well as on arbitrations, mediations and dispute boards.

He represents some of the world’s largest organisations (owners, multilateral agencies, financial institutions, contractors and developers) in their global infrastructure and construction projects located throughout Brazil and the rest of Latin America, as well as in Africa. He assists clients across the entire project spectrum; some recent examples include gas facilities, power plants (nuclear, coal-fired, gas-fired, combined cycle, hydro), wind farms, steel manufacturing facilities, copper-mining facilities, coal mining facilities and ports.

He is the president of the Brazilian chapter of the Latin America Society of Construction Law. He is also a member of the Dispute Resolution Board Foundation, and acts as officer of the International Bar Association’s Latin American regional forum and is a former officer of the International Bar Association’s international construction law committee.

He is also a fellow of the Chartered Institute of Arbitrators (FRICS), a fellow of the International Academy of Construction Lawyers (FIACL), a member of Royal Institution of Chartered Surveyors (MRICS), and a member of the São Paulo Engineering Institute Arbitration and Mediation Chamber.

He holds a law degree from the University of São Paulo Law School (LLB 1991); a master’s degree from the University of Cambridge (LLM 1995); and a doctorate from the University of São Paulo Law School (PhD 2001).

Júlio César Bueno was a member of the committee responsible for the translation of the FIDIC Red Book and FIDIC Silver Book editions to Portuguese. He has published several articles on matters relating to civil procedure law, energy, engineering contracts, infrastructure and construction law.

He has been listed among the “Most Highly Regarded Individuals in Construction Law”, by Who’s Who Legal. He is recommended in Who’s Who Legal (for construction, project finance and public procurement); Chambers Latin America (for construction and projects, and dispute resolution); Practical Law Company (for construction and projects); IFLR1000, the International Financial Law Review (for project finance) and Brazilian directory Análise da Advocacia (for construction and projects, dispute resolution and contracts).

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