Pinecrest, Florida

GST LLP – Shareholder

Attorney

Shareholder, GST, 2016 – Present; Shareholder, Gomm & Smith, 2012 – 2016; Partner, Gomm Advogados Associados (Curitiba, Brazil), 2009 – 2016; Foreign Legal Consultant, Buchanan Ingersoll & Rooney P.C. (Miami), 2007 – 2009; Partner, Seleme Lara Coelho & Gomm Santos (Curitiba, Brazil), 2006 – 2007; Partner, Gomm Santos – Advogados Associados (Curitiba, Brazil), 1985 – 2006. <br/>Visiting Professor at PUC/Sao Paulo – International Arbitration – Post graduation (2015 – Present); Adjunct Professor of Arbitration in Latin America at the University of Miami, School of Law (2007 – 2010).

Brings 30 years of experience as a senior level Brazilian international attorney admitted to practice in Brazil, New York, Portugal, and Florida; in the latter as Foreign Legal Consultant. Has trained in both the United States of America and the United Kingdom. Serves as counsel, arbitrator, and mediator in proceedings in the U.S.A, Europa, and Latin America in a variety of fields under the rules of the ICC, ICDR/AAA, LCIA, UNCITRAL, IACAC, CPR, FOSFA, FINRA, CAM-CCBC, CAM BM&BOVESPA, CIESP/FIESP, CAESP, ARBITAC as well as AD-HOC cases. Has also participated as an expert witness before New York and Florida courts.<br/><br/>Primary areas of practice involve the following: large and complex cases; international sales and trade; construction; energy, including alternative, electric, oil and gas, and plant construction; insurance and reinsurance; corporate (partnerships, LLCs and corporations); project finance; banking; international commerce; leasing; agency; franchising; mining; engineering; trademark; license agreement; aviation; maritime; and distribution contracts. Also has experience in disputes and transactions related to government contracts; intellectual property; shareholder disputes; securities; loan agreements; and telecommunications. In addition to disputes practice, drafts and gives legal assistance in the structuring and negotiation of domestic and international commercial contracts.

Experience as a Mediator in ad-hoc cases:<br/>Franchising case between U.S. and Brazilian Parties (Eng/Port.)<br/>Distributorship and agency case between Brazilian and U.S. Parties (Port.)<br/>Multi-party case among Brazilian, U.S., and Dutch corporations (Eng/Port.) <br/>Multi-party case among U.S. and Brazilian Corporations (Eng.)<br/>Corporate agreements between U.S. and Brazilian Corporations (Eng.)

I approach each mediation as if it were my first mediation and attempt to learn all I can about the dispute, and the background of the parties, prior to the mediation. I request mediation summaries on a confidential basis, and I may interact jointly with the parties’ counsel in order to cooperatively discuss and set up basic procedural, behavioral, technical, and logistical matters prior to the mediation. I respect party autonomy in mediation and only share my views of the respective parties’ positions as a mediator when requested or when it appears that it will assist with resolution. In a deadlock scenario, I tend to invite parties to realistically assess the risks of litigation and arbitration.

University of Miami (LL.M.-2006); University of London, Queen Mary and Westfield College (LL.M., cum laude-1993); Paraná Federal University, School of Law (JD-1984).

Admitted to the Bar: New York (2012); Brazilian Bar, Paraná Division (1985); Portuguese Bar, Lisbon Division. Florida Bar (Foreign Legal Consultant).

AAA – American Arbitration Association: Member of the Board of Directors, 2014; ICCA Member, 2014; IACAC – Training Program for Directors of Mediation and Arbitration Centers. June 03, 2014, at the American Arbitration Association, Miami, FL, USA; OAS – Organization of American States: Brazilian Representative in the High Level Meeting on International Commercial Arbitration in Miami (USA), Santiago (Chile), Montevideo (Uruguay) and St. Lucia, 2013 – 2014; CAMARB – Commercial Arbitration Center: Member of the Roster of Arbitrators since July 2013; BCAM – Brazilian Center of Arbitration and Mediation: Member of the Roster of Arbitrators since November 2013; CPR – Conflict Prevention & Resolution: Member of the Roster of Arbitrators since 2013; CAESP – Arbitral Center of São Paulo - Member of the Roster of Arbitrators since 2013; CCBC – Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada: Member of the International Committee since 2007 and the Roster of Arbitrators since 2012; CBAR – Brazilian Arbitration Committee, Founding Member; Club Español del Arbitraje, 2011; BACCF – Brazilian American Chamber of Commerce of Florida: Chairman, Committee on Commerce, 2010; ICDR – International Centre for Dispute Resolution: Member of the Brazilian Advisory Committee (Chairman since 2009) and of the International Roster of Arbitrators; MIAS – Miami International Arbitration Society, founding member, 2008; LCIA – London Court of International Arbitration: Member of the roster of arbitrators, 2014;ICC – International Chamber of Commerce: Member of the Latin American Arbitration Group since 2006; CARAT – Argentine Center of Domestic and International Arbitration, Founding Member, 2006; OAB-PR – Arbitration and Mediation Committee of the Brazilian Bar Association, Paraná Division, Chair, 2004 – 2005; ARBITAC – Arbitration and Mediation Center of the Paraná Chamber of Commerce: President in 2004 and Member of the Board of Arbitrators since 1999; IDB - Committee of Coordination and Oversight of the Inter-American Development Bank Project for the development of arbitration and mediation in Brazil, President, April 2000 – 2001; and CONIMA – National Council of Mediation and Arbitration Institutions: President, 1999 – 2001.

Recent Publications:<br/>• O Novo Regulamento de Arbitragem do International Centre for Dispute Resolution, co-author with Rodrigo de Oliveira Franco, Revista Brasileira de Arbitragem, vol. 38, Oct-Dec 2014, ed. Síntese, p. 31.<br/>• Execução de Laudos Arbitrais Internacionais na Florida, co-author with Katherine Sanoja, Revista Catarinense de Solução de Conflitos, Ano II, n. 2, Sept. 2014, p. 30;<br/>• Challenge of an Arbitration Award in the US & The Doctrine of "Manifest Disregard of the Law", co-author with Isidora Enriquez Typaldos, Revista de Arbitragem e Mediação, Ano 11, 43, Oct-Dec 2014;<br/>• Arbitration: Don't Let the Better be the Enemy of the Good. Comments on the Bill to Amend the Brazilian Arbitration Act, Migalhas International n. 1559, October 24, 2014; <br/>• The Jirau Case: Comments on Anti-Suit Measures granted by Brazilian and English Judiciaries, Co-authored with Fernanda Giorgio Beirão, Revista de Arbitragem e Mediação, Ano 11, 40, Jan-Abril 2014, ed. Thompson Reuters Revista dos Tribunais, p. 233 (in Portuguese);<br/>• Shakespearean Impasse: Growing Number of Arbitrations Imposes New Dilemmas, online edition, August 14, 2013;<br/>• Anticipatory Breach: A Closer Look at CISG Article 72, Revista de Arbitragem e Mediação, 2013;<br/>• Florida Bar – International Law Quarterly, Special Brazil Issue, Dispute Resolutions in Brazil: Important Trends, Fall 2011;<br/>• Co-author of the Miami Arbitration Reports;<br/>• Editor of the Column What’s new in Latin American ADR, Dispute Resolution Journal; <br/><br/>Recent Speaking Engagements: <br/>• The ICDR Miami International Arbitration Conference, A Corporate Counsel Series: International Dispute Resolution in the Americas, Session VII, The Americas Legislative Update, Miami, FL, US, January 30, 2015;<br/>• Co-Chairman of the 2014 ICDR-CCBC-AMCHAM Annual International Congress on Mediation and Arbitration held in São Paulo, November 18, 2014; <br/>• Roundtable - International Arbitration and Mediation in Brazil: Hot Topics, V Brazil Infrastructure Investments Forum, New York, NY, The Harvard Club, November 5, 2014;<br/>• Case Management as a Tool for Time Optimization: Organization of the Procedure, Production of Evidence, Partial Awards. Brazilian Arbitration Committee International Congress, Porto de Galinhas, PE, Brazil, September 21-23, 2014: <br/>• Chairman of the Annual International Congress on Mediation and Arbitration for the International Centre for Dispute Resolution (ICDR), São Paulo, SP, the AMCHAM, November 13, 2013;<br/>• The Use of International Arbitration as an instrument for Infrastructure Development, IV Brazil Infrastructure Investments Forum, New York, NY, The Harvard Club, October 1, 2013; <br/>• The Interrelationships Between Courts and International Arbitration in Leading Arbitral Jurisdictions: United States, Brazil, Switzerland, and England, Joint Symposium - International Chamber of Commerce, Transnational Dispute Management and George Washington University Law School, September 26, 2013, Washington, DC; <br/>• The 11th Annual ICDR Miami International Arbitration Conference, Tertulia Moderator: Arbitrator Disclosures, Deliberations & Dissents, The Biltmore Hotel, Coral Gables, September 11-13, 2013; <br/>• Americanization of Arbitration? Harmonization of Common Law and Civil Law Rules. VII Latin-American Arbitration Congress, Lima, Peru, April 24, 2013;<br/>• Recognition and Enforcement of Foreign Arbitral Awards. The Interaction between Brazilian Arbitration Act, the New York Convention and other International Treaties Applicable to Brazil. Controversial Issues, Sponsored by Brazilian Superior Court of Justice, Brasilia, DF, Brazil, December 3, 2012;<br/>• Recognition and Enforcement of Foreign Awards in Brazil, Columbia University School of Law, New York, November 2010; and<br/>• What Brazilian lawyers fear about an arbitral procedure against American lawyers and/or American parties? Brazilian Arbitration Day, Debevoise & Plimpton LLC, New York, US, November, 2010.

$4,400 Per Day

English, French, Portuguese, Spanish

Brazil, United States of America

Pinecrest, FL

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