Mauricio Gomm Santos
1111, Brickell Ave, Suite 2715
33.131 Miami, FL
USA
Mauricio Gomm Santos, FCIArb, brings 30 years of experience as a senior level Brazilian/U.S. international attorney admitted to practice in Brazil, New York, and Florida; in the latter as Foreign Legal Consultant. Mr. Gomm serves as counsel, arbitrator, and mediator in proceedings in a variety of fields under the rules of world's major arbitral institutions, as well as AD-HOC and cases under the UNCITRAL Arbitration Rules. Mr. Gomm participates as expert witness before national courts and arbitrations, seated in the United States and elsewhere. As arbitration expert, he served in the High-Level Meeting with Justices of Supreme Court on international commercial arbitration hosted by the Organization of American States in several venues in the region. Mr. Gomm was responsible for drafting the project of an academic institute focused on the study of international arbitration within the University of Miami, School of Law.
Global Arbitration Review included GST LLP in the world's top 100's law firms in the field of international arbitration in 2015, 2016, 2017, 2018, 2019, and 2020. Mr. Gomm was named among the top 5 in Latin America and is a prominent figure in Brazil in international arbitration, recognized by the Global Arbitration Review, 2006.
— CIARb - Fellow of the Chartered Institute of Arbitrators, since October 2018;
— CCBC – Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada: Vice President, 2015-2019;
— NYSBA – Member of the Dispute Resolution Committee, since 2019;
— ICDR/AAA - Chairman of the Brazilian Advisory Committee, since 2009;
— AAA – Council Member since 2019;
— AAA - Member of the Board of Directors 2014-16;
— ICC - International Chamber of Commerce: Member of Latin American Arbitration Group since 2006;
— ICCA – International Council for Commercial Arbitration, Member, 2014;
— IADC - International Association of Defense Counsel, between 2016 and 2020;
— IERG - International Executive Resources Group, Florida Chapter, since 2018;
— CAM-FIEP – Center for Arbitration and Mediation of the Chamber of Paraná: Member of the Board since 2017;
— CBAr – Brazilian Arbitration Committee, Founding Member;
— CBAr – Member of Directors’ Committee since 2011;
— CBAr – Member of Fiscal Council since 2018;
— Club Español del Arbitraje, since 2011;
— BACCF – Brazilian American Chamber of Commerce of Florida – Member of the Board of Directors, since 2012;
— MIAS – Miami International Arbitration Society, founding member, 2008;
— LCIA – London Court of International Arbitration, 2008;
— OAB-PR – Brazilian Bar Association, Paraná Division, President of the Arbitration and Mediation Committee - 2004-05;
— ARBITAC – Arbitration and Mediation Center of the Paraná Chamber of Commerce: President in 2004;
— IDB - Inter-American Development Bank - Committee of Coordination and Oversight of the Project for the development of arbitration and mediation in Brazil, President, April 2000-01;
— CONIMA –National Council of Mediation and Arbitration Institutions: President, 1999-2001.
The International Chamber of Commerce ("ICC"); International Centre for Dispute Resolution ("ICDR/AAA"); London Court of International Arbitration ("LCIA"); Inter-American Commercial Arbitration Commission ("IACAC"); The International Institute for Conflict Prevention and Resolution ("CPR"); Centro de Mediação e Arbitragem da Câmara de Comércio Brasil-Canada ("CAM-CCBC"); Centro de Arbitragem e Mediação da Bolsa de Valores de São Paulo ("CAM BM&F BOVESPA"); Centro de Mediação e Arbitragem do Centro das Industrias do Estado de São Paulo ("CAM-CIESP/FIESP"); Conselho Arbitral de São Paulo ("CAESP"); Câmara de Arbitragem Empresarial - Brasil ("CAMARB"); Câmara de Mediação e Arbitragem da Associação Comercial do Paraná ("ARBITAC"); Federation of Oil, Seeds and Fats Association ("FOSFA"); Câmara FGV de Mediação e Arbitragem ("FGV") and Centro Brasileiro de Mediação e Arbitragem (“CBMA”).
Mr. Gomm's recent experience is listed below.
CHAIRMAN OF ARBITRAL TRIBUNALS
— Special Committee, created under the rules of CAM-CCBC to review and rule on a challenge of an arbitrator proceeding; (English, 2019);
— Sale and Purchase Agreement of electricity out of Federal Bidding Process involving Brazilian corporations under the rules of CAM-FGV; (Portuguese, 2019). Sector: Commercial, Energy, Public Administration;
— Sale and Purchase Agreement involving Brazilian and Uruguayan corporation under the Rules of CAMARB; (Portuguese, 2018). Sector: Corporate, Water and Sewage;
— Investment Agreement and Share Purchase Agreement between Brazilian Individuals and Brazilian Subsidiary of a Norwegian Corporation, under the Rules of CAM-CCBC; (Portuguese, 2018). Sector: Corporate, International.
CO-ARBITRATOR IN ARBITRAL TRIBUNALS
— Sales and Services Agreement between American Corporations in the electrical and energy fields, under CPR Non Administered Arbitration Rules; (English, 2020). Sector: Energy;
— Franchising Agreement related to rental car involving Brazilian Corporations under the Rules of CAM-CCBC; (Portuguese, 2020). Sector: Franchising;
— Sale and Purchase Agreement, Assignment of Rights involving Investment Fund and Brazilian Individuals regarding credits against the State, under the Rules of CAM-CCBC; (Portuguese 2020). Sector: Commercial, Administrative, Expropriation.
SOLE ARBITRATOR
— Infrastructure matter related to renewable energy involving Brazilian corporation, Brazilian subsidiaries of U.S. and French corporations, under the rules of CAM-CCBC; (Portuguese, 2019). Sector: International trade, Renewable Energy;
— Share Purchase Agreement involving U.S. Equity Fund, Cayman Island and Chinese Parties under the Rules of ICDR/AAA; (English, 2018). Sector: International, Corporate, Transportation, Technology;
— Hydroelectric construction related matter involving Brazilian subsidiary of Austrian and Brazilian corporations, under the Rules of CAM-CCBC; (Portuguese, 2016). Sector: Infrastructure, Power Plant, Energy, Construction, Environmental.
RECENT EXPERIENCE AS COUNSEL/ARBITRAL CONSULTANT
— Leading counsel in international franchising dispute, under the Rules of ICDR/AAA;
— Leading counsel in corporate and securities dispute under the Rules of CAM BM&F BOVESPA;
— Leading counsel in corporate disputes involving two related arbitration with flour milling companies before the CAM-CCBC and the ARBITAC;
— Leading counsel in a corporate dispute involving Brazilian and U.S. companies in the business of distribution and manufacture of automobile products under the Rules of ICC.
RECENT EXPERIENCE AS MEDIATOR
— Ad-hoc franchising case involving U.S and Brazilian parties (English and Portuguese, 2018);
— Ad-hoc international distributorship, agency and securities case among Brazilian and U.S. companies (Portuguese, 2017);
— Ad-hoc international case among Brazilian, U.S.A, and Holland corporations regarding corporate matters (English and Portuguese, 2015).
RECENT EXPERIENCE AS EXPERT WITNESS
— On Brazilian law in Federal courts in Florida and New York (English);
— On Brazilian law in arbitrations seated in Miami and California (English);
— On Brazilian law before Cayman Islands Courts (English).
EMERGENCY ARBITRATOR
— International distributorship Agreement involving U.S. and Canadian corporations for health products, under the Rules of ICDR/AAA; (English 2014). Sector International Distributorship;
— International distributorship Agreement and asset acquisition matter between U.S. and Germany entities, under the Rules of ICDR/AAA; (English, 2012). Sector: International Distributorship;
— International distributorship Agreement involving U.S. and Chinese corporations for musical instruments, under the Rules of ICDR/AAA; (English, 2009). Sector: International Distributorship.
Recent Publications:
- Arbitration and Mediation in Public Administration in Brazil and USA: A lookout in the actual reality of both institutes, co-authored with Karin Hlavnicka. Book: Mediation and Arbitration in Public Administration - Brazil and Portugal, Coordinators: António Júdice Moreira, Asdrubal Franco Nascimbeni, Christiana Beyrodt, Mauricio; Morais Tonin. Ed. Almedina Matriz, 2020
- Discovery Across the Globe – Obtaining Evidence Abroad to Support U.S. Proceedings, Chapter 3 Brazil, coordinators Harrison, Brett, Gavin Foggo, Jorge Mestre, Paula C. Arias, and American Bar Association. Section of Litigation. Sponsoring Body. Discovery across the Globe: Obtaining Evidence Abroad to Support U.S. Proceedings. Chicago, Illinois: American Bar Association, Litigation Section, 2020
- The Singapore Convention on Mediation: Facilitating the Cross-Border Enforcement of Mediated Settlement Agreements in International Commercial Disputes, IADC International Arbitration Committee Letter, 2019
- Corruption in International Arbitration: Evidentiary Challenges, 2019; online publication, CAMESP – Camara de Arbitragem e Mediação de Santa Catarina, Agosto 2020 (http://www.camesc.com.br/arquivos/11879) (em inglês)
- International Commercial Arbitration Practice: 21st Century Perspectives, Publication 1530, LexisNexis, Chapter 8, September 2018
- Agribusiness Arbitration: Particularity and Importance of Specialized Entities, Book Arbitragem no Agronegócio, Editora Verbatim, Coordenador Marcos Reis, 2018
- Brazil in the Context of International Arbitration, Infrastructure Law of Brazil, co-author with Quinn Smith, edited by Marçal Justen Filho, Cesar Pereira and Maria Augusta Rost, Eleven International Publishing, Boom Uitgevers Den Haag, 2016, p. 427-443
Recent Speaking Engagements:
— Webinar “Conflict Management in the Agribusiness Sector”, hosted by the Center for Applied Social Studies of the Master Program of the State University of Londrina; Londrina, PR, August 4, 2020, (in Portuguese);
— Author of a proposal for Enunciado regarding Arbitration within Public Administration at the First Administrative Law Meeting (Jornada), hosted by Council for Federal Justice, Brasilia, DF, August 03-07, 2020, (in Portuguese);
— Webinar “Effective Persuasion in Virtual Hearings: Challenges and Tools: Perspective from the Arbitrator”, hosted by Arbitraje Alumni, July 10, 2020, At 10:00, Peruvian Time (in Spanish);
— Webinar “Thoughts About the Future of Conflict Management And Resolution”, hosted by Camara De Arbitragem, Mediação & Conciliação do Centro Das Indústrias do Rio Grande Do Sul (CAMERS), June 25, 2020, at 17:00, Brasilia Time, (in Portuguese);
— Webinar “Arbitration in Brazil 2020: Insights from International and Local Practitioners”, hosted by CIArb Brazil Branch in conjunction with NYIAC and baker Mckenzie, June 18, 2020, at 10:00, New York time, (in English);
— Webinar “CIArb And ICC Recommendations Regarding Arbitration And Mediation Remote Proceedings: A Comparative Approach”, hosted by CIArb Brazil Branch, April 29, 2020, at 18:00, Brasilia time, (in Portuguese);
— e-Interview “A Dialogue Between Mediation and Arbitration: When And How Domestic And International Experiences Can Help In A Pos Covid-19 Scenario”, hosted by Institute for Certification and Formation of Portuguese Speaking Mediators (ICFML), June 18, at 17:00, US.ET, (in Portuguese);
— Webinar “Current Challenges of International Arbitration”, hosted by Canal Arbitragem, June 03, 2020, at 16:00, Sao Paulo time; (in Portuguese)
— Webinar: Global perspectives for a Challenging ADR landscape: 2020 and Beyond. “The latin America perspective: Argentina, Brazil, Colombia, Mexico and Peru”, hosted by the New York State Bar Association and New York International Arbitration Center, May 19, 2020, (in English);
— Webinar “Fast-track Arbitration: Brazilian and international experiences”, hosted by CAMARB, May 07, 2020 at 10:00, Sao Paulo time, (in Portuguese);
— The Lawyer in the maritime arbitration. “Evidence in the arbitral process: Differences between Common law and civil law, hosted by CIArb, Brazilian Branch, March 06, 2020, Rio de Janeiro, RJ, (in Portuguese)
— “International arbitration track: Regional reports on the global current state of affairs in international arbitration”, Ilaw 2020, hosted by the Florida Bar, International Law Section and the American Arbitration
Association, February 28, 2020. Miami, FL (in English).