IPBA 2021

Rafael Villar Gagliardi

Partner
Demarest, Advogados
Sao Paulo

Partner at Demarest Advogados, acting as counsel and arbitrator in domestic and international disputes involving Energy, Construction Projects and Infrastructure, Corporate Law and Commercial Contracts. LLB, LLM and PhD degrees earned from Pontifical Catholic University of São Paulo. Visiting researcher at the London School of Economics and Political Science (LSE). Fellow of the Chartered Institute of Arbitrators (CIArb). Visitant lecturer at the post-grad arbitration course at PUC-SP/COGEAE, the Brazilian Institute of Energy Law (IBDE) and others. Member of the roster of arbitrators of several arbitral institutions. Co-chair of the Energy Arbitration Committee of CAMARB, in Brazil. Member of the Latin-American Arbitration Association (ALARB) and Brazilian Institute of Private Law (IDiP). Author of articles and books published in Brazil and abroad on the topics of Arbitration, Energy, Commercial Contracts and others.

ACTIVITIES AND MEMBERSHIPS

  • Fellow of the Chartered Institute of Arbitrators (CIArb)
  • Visiting researcher at the London School of Economics and Political Science – LSE (2012)
  • Visiting lecturer of the post-graduation course at the PUC-SP/COGEAE (Arbitration), of the Brazilian Institute of Energy Law (IBDE) and others
  • Chair of the Energy Arbitration Committee of CAMARB
  • Listed as arbitrator in several arbitral institutions, such as CAM-CCBC, FIESP, CAMARB, CAMFIEP
  • Member of the Publications Committee of the International Council For Commercial Arbitration (ICCA), of the Latin American Arbitration Association (ALArb)
  • Brazilian Institute of Private Law (IDP) and of the Advisory Board of the CISG-BRASIL.Net
  • Member of the Latin American Regional Forum of the International Bar Association (IBA)

PUBLISHED WORKS

2019: Author of the article “The sonnet and the amendment: a solution that may become a problem?”, published in the book “International Law and Arbitration: studies in the honor of Prof. Claudio Finkelstein” (Quartier Latin)
2019: Coauthor of the book “Commentary on the Public Registrars Act” (GEN/Forense)
2017: Author of the review of the book “Arbitration in the field of Energy: Power”, Brazilian Arbitration Review (Kluwer/CBAr).
2016: Coauthor of the book “The CAM-CCBC Arbitration Rules: a Commentary” (Eleven).
2016: Coauthor of the chapter “Interaction between CISG and INCOTERMS” of the book “CISG and Latin America: regional and global perspectives” (Eleven).
2016: Coauthor of the chapter “The opposite of form: input from substantive law to the regulation of third parties in arbitration (analysis based on Brazilian leading cases)” of the book “The Arbitration Reform” (Forense).
2015: Coeditor of the book “The Vienna Convention on International Sales Agreement: challenges and perspectives” (Atlas).
2015: Author of the article “Damages under the CISG” of the book “The Vienna Convention on International Sales Agreement: challenges and perspectives” (Atlas).
2015: Co-author of the chapter “Arbitration and Energy Law” of the book “Investment Protection in Brazil” (Kluwer Law International).
2015: Author of the chapter “Administrative and Collective Adverse Possession” of the book “Urban Law” (Estatuto da Cidade) (Thomson Reuters).
2015: Co-author of the chapter “Suspension of Performance in Civil Law and Common Law” of the book “Applied Corporate Law, v. 1” (Direito dos Negócios Aplicado, v. 1) (Almedina)
2014: Co-author of the chapter “Laws applicable to Arbitration Proceedings” of the book “Commercial Arbitration: principles, institutions and proceedings” (Marcial Pons).
2014: Author of the chapter “Suspension of Performance in the CISG” of the book “Brazil and the 1980 Vienna Convention” (Marcial Pons).
2014: Co-author of the book “Commentary to the Public Registration Act” (Lei de Registros Públicos Comentada) (GEN/Forense).
2013: Author of the article “Confidentiality in International Commercial Arbitration” (Brazilian Arbitration and Mediation Review – RArb).
2013: Author of the article “Open Legal System, General Clauses and Party Autonomy” (Brazilian Civil-Constitutional and Consumer Relations Review).
2012: Co-editor of the book “10 Years of Civil Code: Challenges and Perspectives” and author of the chapter and “Brief Notes on Limitation Clauses in Brazilian and British Law” (Atlas).
2012: Co-author of the article “Fraud and Foreclosure by Payment in Kind to the Mortgagee” (Real Estate Law Review).
2011: Author of the chapter “Preliminary Agreements” of the book “General Theory of Contracts”) (Atlas).
2010: Author of the book “Withholding performance” (Exceção de contrato não cumprido) (Saraiva).