André Marini is a senior associate in the International Arbitration practice.

He has represented private and State-owned companies in commercial arbitrations under the Rules of the ICC and the Arbitration Centre of the Portuguese Chamber of Commerce and Industry. His experience includes disputes in the oil & gas, renewable energy, retail, defense and telecoms sector.

He has also represented companies in proceedings brought before French courts to seek the annulment of arbitration awards.

Recent or pending arbitrations and litigations on which André Marini has worked include the representation of:

• A North American subsidiary of a European energy company, Respondent in an ICC arbitration in New York initiated by a North American energy company. The dispute arises from the implementation of a put agreement between the parties. New York law applies.
• 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 $2.2 billion was at stake.
• 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.
• 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.
• 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 $1 billion was at stake.
• A major European retail group, Claimant in an ICC arbitration 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.
• 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 $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, and we represent the Claimants in annulment proceedings before the Paris Court of Appeal.
• 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.
• 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 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 applies.

Professional Affiliations

• Member of the ICC’s Brazil arbitration and mediation committee
• Member, Comitê Brasileiro de Arbitragem (CBAr)
• Member, LCIA Young International Arbitration Group (YIAG)
• Member, Young International Council for Commercial Arbitration (ICCA)

Publications

• “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
• “Commentary on article 2, paragraph 7, of the Charter of the United Nations,” in Comentário à Carta das Nações Unidas (CEDIN, 2008)
• “The limits of precedential value in investment arbitration,” in Anuário Brasileiro de Direito Internacional, Vol.1, No. 6 (CEDIN, 2011)