André Marini

Lawyers

Counsel

amarini@gbsdisputes.com
+33 6 3513 7504

André Marini is a Counsel at Gaillard Banifatemi Shelbaya Disputes.

Trained in both civil and common law and admitted in New York, Paris and Brazil, André represents and advises companies, States and State-owned entities in international arbitrations under all major institutional rules and under various substantive laws as well as in negotiations and strategy preceding or after the initiation of arbitral proceedings. He also frequently acts before national courts in disputes relating to annulment or enforcement of arbitration awards and other ancillary court proceedings.

His practice focuses on the resolution of complex international disputes arising out of business combination transactions (mergers & acquisitions, joint ventures and shareholder disputes), construction projects, energy arbitrations and commercial disputes. He has broad experience of matters involving Latin America, in particular, Brazil. His industry experience includes matters in the energy (oil & gas, renewable and nuclear), retail, defense, telecoms and media sectors.

He is a speaker and lecturer on international arbitration matters and sits as secretary to arbitral tribunals.

Business combination disputes

Latin American investment companies and two individuals, Claimants in an ICC arbitration in Paris against a major European telecommunications company. The dispute related to the breach of a settlement agreement that was previously entered into by the parties in relation to multiple claims brought in several litigation proceedings. Brazilian law applied. Over USD 15 billion was at stake. We also represented the Claimants in proceedings to revise the award rendered in the ICC arbitration before an arbitral tribunal, based on the Claimants’ allegations that the Respondents committed procedural fraud in the course of the arbitration, as well as in proceedings brought by our clients before the Paris Court of Appeal to seek the setting aside of that award. On 2 May 2024, the Partis Court of Appeal issued a decision setting aside the award rendered in the first arbitration on the ground that the President of the arbitral tribunal lacked the required independence. A decision on the annulment of the award issued in the revision proceedings is still pending.
A North American subsidiary of EDF in an ICC arbitration in New York initiated by North American energy company Exelon Generation Company LLC. The dispute related to the valuation of nuclear power plants in the U.S. currently owned jointly by EDF and Exelon and arose from the implementation of a put-option agreement between the parties. New York law applied. Following a favorable award on the interpretation of the put-option agreement, our client achieved a successful settlement of the dispute.
A consortium of European and North American companies in an ICC arbitration in London against a European renewable energy company. The post-acquisition dispute arose from representations & warranties in relation to compliance with wind farm regulations contained in a share purchase agreement. French law applied.
A major European retail group, Claimant in two ICC arbitrations in São Paulo against its Brazilian joint venture partner. The dispute concerned breaches of a shareholders’ agreement concluded between the parties relating to the control of Brazil’s largest retailer. Brazilian law applied.
The Latin American subsidiary of a European retailer, Respondent in an ICC arbitration in Paris initiated by a Latin American company. The dispute related to an acquisition of equity interests in a company incorporated in Latin America. Brazilian law applied.

Construction disputes

An international joint venture, project owner, Respondent in an ICC arbitration in Paris initiated by an oil field services provider. The dispute arises from an EPC contract for the construction of upstream facilities in Africa. Issues include liability for delay, additional works and disruption. Over USD 850 million is at stake.
An African company, Respondent in an ICC arbitration in Paris initiated by two contractors. The dispute arises from an EPC contract for the construction of chemical plants. The law of the Respondent’s State applies.
An international joint venture and an African energy company, Respondents in an ICC arbitration in Geneva brought by North Asian contractors. The dispute relates to a settlement agreement entered into following a dispute arising from an EPC contract for the construction of a USD 3 billion fertilizer plant in an African State. The law of the African State applies. One of our clients successfully objected to the Tribunal’s jurisdiction and no longer is a party to the proceedings.
Claim management on behalf of various consortia including a major European company in the renewable energy sector with respect to four projects for the design, engineering, procurement, construction and installation of off-shore wind farms.
Sonatrach, Respondent in an ICC arbitration in Paris initiated by Saipem SpA (Italie) and Saipem Contracting Algérie SpA. The dispute arose from an agreement for the construction of an oil & gas production facility in North Africa. Algerian law applied. Over USD 1 billion was at stake.

Energy disputes

World Natural Resources in an ICC arbitration initiated against Mercuria and Energy Complex. The dispute arose in relation to the exploration and production of oil in an offshore oil block in Congo. English law applied.
Sonangol E.P, Respondent in an ICC arbitration in London initiated by U.S. oil company Cobalt International Energy. The dispute arose from a purchase and sale agreement related to concession rights in two deepwater oil blocks off the coast of Angola. The law of Angola applied and over USD 2.2 billion was at stake.
Sonangol Pesquisa e Produção, Respondent in an ICC arbitration in Geneva initiated by a local subsidiary of U.S. oil company Cobalt International Energy. The dispute arose from a joint operating agreement concerning petroleum exploration and production operations in a deepwater oil block off the coast of Angola. English law applied.

Commercial disputes

Two European companies in the technology industry, Claimants in an ICC arbitration against an Asian entity in relation to the enforcement of an arbitral award rendered in a previous dispute.
Sportfive EMEA (formerly Lagardère Sports), Claimant in an ICC arbitration in Geneva against the Confederation of African Football (CAF). The dispute arose from the termination of a USD 1 billion exclusive television and marketing rights agreement. Swiss law applied.
Investment companies, Claimants in an ICC arbitration in London against a Latin American pension fund. The dispute relates to the revision and breach of a settlement agreement that was previously entered into by the parties in relation to multiple claims brought in several litigation proceedings. Brazilian law applied.
A European subsidiary of a North American company in the defense industry in an arbitration under the aegis of the Arbitration Centre of the Portuguese Chamber of Commerce and Industry against the Republic of Portugal. The dispute concerned the termination of a series of contracts related to the supply of armored wheeled vehicles. Portuguese law applied.

Investment disputes

World Natural Resources in an ICSID arbitration against the Republic of Congo in relation to the expropriation of rights related to a concession agreement.
The Republic of Angola in an SCC emergency arbitration initiated by Carlos Manuel de São Vicente regarding allegations of wrongful imprisonment and mismanagement of funds in breach of the Angola-Portugal BIT. All claims against our client were dismissed and the Claimant was ordered to pay our client’s full legal costs.

Other matters

Representing and advising the Government of Egypt and the Egyptian Mineral Resources Authority in respect of the negotiation and drafting of two gold mining concessions with two leading international mining companies.
Brazilian subsidiaries of a major European retailer in proceedings brought before French courts to seek the annulment of an award rendered in an ICC arbitration.
Representation of Dommo Energia S.A., a Brazilian company in the energy sector, in parallel proceedings before the Paris Court of Appeals to set aside six awards rendered in an LCIA-administered arbitration against the Brazilian companies Enauta Energia S.A. and Barra Energia do Brasil Petróleo e Gás Ltda. regarding a joint operating agreement.
Nineteen investment companies in proceedings before the English courts with respect to an application by a Latin American pension fund to remove the presiding arbitrator of a multi-billion-dollar ICC arbitration in London.
Latin American private equity and asset management investment companies and two individuals in proceedings brought before French courts to seek the annulment of two awards rendered in an ICC arbitration.

Education

New York University, LL.M. (Michael A. Schwind Scholar in Global Law)
Graduate Institute of International and Development Studies, Geneva, Master’s in International Law (Full scholarship)
Universidade Federal de Minas Gerais, LL.B
Pontifícia Universidade Católica de Minas Gerais, B.A. in International Relations
Exchange student in the Master’s program of University Paris I Panthéon‐Sorbonne and in the LL.M. program of the University of Michigan Law School

Admissions & Courts

Brazil
Paris (Omis)
New York

Guest Lecturer (Mergers & Acquisitions International Arbitration), University Paris II (2020–)
Member of the ICC’s Brazil arbitration and mediation committee
Member, Comitê Brasileiro de Arbitragem (CBAr)
Member, LCIA European Users’ Council
Member, LCIA Young International Arbitration Group (YIAG)
Member, Young International Council for Commercial Arbitration (ICCA)
Member, Rising Arbitrators Initiative

“Manifest Disregard of law as a ground for vacating an arbitration award – Commentary to the decision of the Appellate Division of the New York Supreme Court of 27 September 2018”. Revista Brasileira de Arbitragem, Curitiba: Kluwer Law International and Comitê Brasileiro de Arbitragem. Issue 63, pp. 133-159. 2019
“The limits of precedential value in investment arbitration,” in Anuário Brasileiro de Direito Internacional, Vol. 1, No. 6 (CEDIN, 2011)
“Commentary on article 2, paragraph 7, of the Charter of the United Nations,” in Comentário à Carta das Nações Unidas (CEDIN, 2008)