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Monteiro, André

André L. Monteiro

Of Counsel*

andremonteiro@quinnemanuel.com

*Foreign Qualified, Admitted in Brazil

Direct Tel: +44 20 7653-2094, Direct Fax: +44 20 7653 2100
London
Tel: +44 20 7653 2000 Fax: +44 20 7653 2100

Andre Luis Monteiro is Of Counsel in Quinn Emanuel’s London office. Andre is a Brazilian and Spanish national with deep connections to Latin America, in particular to the business and legal community in Brazil. He has 19 years’ experience in arbitration and litigation. His practice focuses on international arbitration and international litigation, often encompassing shareholders’ disputes and disputes involving commercial contracts, and his experience spans many sectors, in particular energy, oil and gas and mining. Since he has joined Quinn Emanuel in 2020, he has advised and represented clients in arbitration and litigation in the UK, the US, France, China and Africa. His client base is predominantly comprised of large Brazilian companies with business abroad as well as large foreign companies involved in disputes against Brazilian counterparties.

He has consistently been ranked in arbitration and litigation by Chambers & Partners, Who’s Who Legal and Legal 500. He has been ranked as “Thought Leader”, among non-partners and under 45 years old, by WWL Thought Leaders: Global Elite. Global Chambers (2024), in its editorial, says Andre “is admired for his prowess representing important clients in Section 1782 proceedings and ICC and LCIA arbitrations”. According to Global Chambers, his clients and peers say he is “able to bridge the gap between the Brazilian and the local American/English legislation seamlessly” as well as “he is our go-to person in London for cross-border disputes”. Who’s Who Legal says “Andre Luis Monteiro is ‘an outstanding and driven professional’ with ‘first-class thought leadership” (2019).

He previously acted as a consultant for the OECD (The Organisation for Economic Co-operation and Development) on a project investigating class arbitration in shareholders’ disputes in Brazil. He acted as a Co-National Rapporteur in the IBA Toolkit on Insolvency and Arbitration (2020 – which won the GAR Award for Best Innovation 2021). He is a member of the list of arbitrators of relevant Brazilian arbitral institutions (CBMA, CAMARB, ARBITAC and CAMES).

Andre has published three books, co-edited two books, and translated into English a book on arbitration written by Prof. Neil Andrews, from University of Cambridge. He has written more than forty essays on arbitration and corporate law in Brazil. His texts have been cited by the Superior Court of Justice (the highest court in Brazil for non-constitutional matters) in several high-profile cases, including CEB v. SE (CC. 111.230), Clayton v. BRB (Resp. 1.108.058), Fischer v. Pro Brasil (Resp. 1.543.564), Termopernambuco v. Copergás (Resp. 1.519.041), American International Group v Petrobras (CC. n. 151.130), Petro Rio v. Tuscany (Resp. 1.903.359), and JCDAR v. YGMD (Resp. 2.032.426). He was part of the group who drafted three amendments to the Civil Procedure Bill, which are now incorporated in Brazilian Law (ss. 189(4), 237(4) and 1.015(3) of the New Code of Civil Procedure). In other legislative work, he conducted research for the Committee of Jurists in charge of drafting the First Amendment of the Brazilian Arbitration Act, which became Law nº 13.129/2019.

Andre is also the Legal Counsel of the EDUCA Foundation (a UK charity that funds educational projects in Brazil). He regularly delivers speeches on arbitration in Brazil, the UK and continental Europe. Andre is one of the organisers of the Oxford Arbitration Day, the University of Oxford’s annual event on arbitration. Prior to joining Quinn Emanuel in 2019, Andre spent 14 years practicing at an arbitration-litigation boutique in Sao Paulo and Rio de Janeiro.

He is fluent in both English and Portuguese and has professional proficiency in Spanish. He has a Masters’ Degree and a PhD from Brazil and did his post-graduate studies at the University of Oxford (Harris Manchester College) and Queen Mary – University of London.

  • US, commercial contract dispute, my client: Acted for a major Brazilian infrastructure concession company in relation to a USD$ 1.1 billion cargo infrastructure project at one of the most important U.S. international airports. AAA international commercial arbitration seated in Delaware, under the laws of the State of Delaware. The parties settled the dispute in very favourable terms for our client. The client described our representation as a “Bazooka” against the counterparty.
  • UK, commercial contract dispute, my client: Acted for a Brazilian bank in court proceedings before the London courts against a worldwide fintech company claiming damages of approximately USD$ 20 million for misrepresentations and breaches of the Brazilian banking regulation. Courts in London, English law.  The parties settled the case before the trial.
  • US, energy dispute, brought the case with David Orta: Acted for a large Brazilian energy company against a Chinese solar panel manufacturer in a dispute related to the largest solar farm project in Latin America. ICC arbitration, seated in New York, under the laws of the State of New York. We won the arbitration and the counter-party was ordered to pay our client approximately USD$ 80 million.
  • UK, LNG dispute, my client: Advising a Brazilian client in a potential ICC arbitration, seated in London, under English law, regarding the interpretation and performance of two LNG SPAs, involving approximately USD$ 160 million.
  • UK, shareholders’ dispute: Acting for a Brazilian client in 4 (four) LCIA arbitrations, seated in London, involving approximately USD$ 5 billion in assets located in several jurisdictions (Brazil, The Bahamas, Gibraltar, Switzerland, and the United States).
  • Brazil, joint-venture dispute: Advised a global steel manufacturer in a dispute arising from a share option agreement which price was hugely impacted by Covid-19. The put option was worth approximately USD$ 800 million. CAM-CCBC arbitration, seated in Sao Paulo, under Brazilian law.  
  • US, insolvency proceedings: Acting for a Brazilian client, which is the largest meat producer in the world, in insolvency proceedings before the courts in Florida, Unites States, regarding the validity of share-transfer agreements signed between the parties, involving approximately USD$ 1 billion.
  • UK, commercial contract dispute, my client: Advised a major Brazilian energy conglomerate in relation to rights and obligations under certain contracts for the sale and purchase of coal. LCIA Arbitration, seated in London, under English law, involving approximately USD$ 30 million.  The parties settled the case in favourable terms for our client.
  • UK, commercial contract dispute, my client: Advised a clients regarding a potential LCIA arbitration, under English law, for breach of contract against a major Brazilian oil company, involving approximately USD$ 500 million.
  • Brazil, shareholders’ dispute, my client: Advising a group of shareholders in potential claims for unfair prejudice against a major Brazilian reinsurance company. CAM-B3 (Camara de Arbitragem do Mercado da B3 – Bolsa de Valores do Estado de Sao Paulo) arbitration, seated in Sao Paulo, under Brazilian law, involving approximately USD$ 70 million.
  • ICSID, mining concession: Advising an English client in a potential treaty claim against an African country for the violation of full protection and security standards. The amounts involved exceed USD$ 300 million.
  • Brazil, joint-venture dispute, my client: Acting for a Brazilian agribusiness company against a Chinese publicly-listed company in a disputes regarding a breach of an investment agreement signed between the parties, in which our client claims approximately USD$ 75 million. CAM-CCBC arbitration, seated in Sao Paulo, under Brazilian law. We have developed an alternative strategy in China (mainland) to support the ongoing arbitration in Brazil.
  • US, 1782 proceedings: Acting for a Brazilian client, which is the largest meat producer in the world, opposing a 1782 application to obtain evidence in the US to be used in ongoing arbitrations in Brazil. Courts in New York, laws of the State of New York.
  • Queen Mary – University of London
    (Visiting Scholar, Kompetenz-Kompetenz in International Commercial Arbitration, 2018-2019)
  • University of Oxford – Commercial Law Centre – Harris Manchester College
    (Junior Academic Visitor, Kompetenz-Kompetenz in English Arbitration, 2017-2018)
  • Pontifical Catholic University of São Paulo
    (PhD, Kompetenz-Kompetenz in Brazilian Arbitration, 2012-2017)
  • Brazil (chapters of São Paulo and Rio de Janeiro)
    • Admitted in Brazil only (practicing under the direct supervision of a member of the bar of England and Wales)
  • Portuguese
  • Spanish
  • Mannheimer, Perez e Lyra Advogados (São Paulo, Brazil):
    • Senior Associate, 2019
  • Andrade & Fichtner Advogados (São Paulo and Rio de Janeiro, Brazil):
      • Senior Associate, 2015-2019
      • Associate, 2009-2015
      • Junior Associate, 2005-2009
      • Intern, 2003-2005
  • Ranked as “Thought Leader”, among non-partners and under 45 years old, by WWL Thought Leaders: Global Elite 2024
  • Ranked as “Up and Coming” by Global Chambers (Transactional Brazil – International Arbitration) 2024
  • Ranked as “Up and Coming” by Chambers & Partners (Transactional Brazil – International Arbitration)  2023
  • Ranked as “Future Leader” in International Arbitration in the UK by Who’s Who Legal: Arbitration 2020, 2021, 2022, 2023 and 2024
  • Ranked as “Rising Star” in International Arbitration in the UK by The Legal 500 UK (2022) and also described as a “Key Lawyer” at Quinn Emanuel in International Arbitration by The Legal 500 (2021 and 2022)
  • When he was working in Brazil, ranked as “Associate to Watch” in Litigation and Arbitration by Chambers Global (Chambers & Partners) (2014, 2015 and 2016)
  • When he was working in Brazil, ranked as “Associate to Watch” in Litigation and Arbitration by Chambers Latin America (Chambers & Partners) (2014, 2015 and 2016)
  • Personally acknowledged in the Brazilian Congress’ Review of the New Brazilian Code of Civil Procedure (PLS n. 8.046/2010) for his work in support to Congressmen Hugo Leal
  • CARLINSKY, Michael B. MONTEIRO, André Luis. Scherk v. Alberto-Culver Co. (1974) in the book U.S. Supreme Court Precedents on Arbitration: Shaping the American Arbitration Law and Practice, edited by Yasmine Lahlou, Carlos Alberto Carmona, Kabir Duggal, and Gustavo Vaughn, to be published in 2024.
  • MONTEIRO, André Luis. INTERNATIONAL ARBITRATION: Law and Practice in Brazil (edited by Peter Sester). OUP, 2020.
  • MONTEIRO, André Luís. FICHTNER, José Antonio. MANNHEIMER, Sergio. Teoria Geral da Arbitragem (General Theory of Arbitration). Rio de Janeiro: Forense, 2018, 761p
  • MONTEIRO, André Luís. FICHTNER, José Antonio. MANNHEIMER, Sergio. Novos Temas de Arbitragem (New Themes of Arbitration). Rio de Janeiro: FGV, 2014, 622p
  • MONTEIRO, André Luís. FICHTNER, José Antonio. Temas de Arbitragem (Themes of Arbitration). Rio de Janeiro: Renovar, 2010, 482p
  • MONTEIRO, André Luís. SETOGUTI, GUILHERME. BENEDUZI, Renato (editors). Arbitragem Coletiva Societária (Class Arbitration in Corporate Matters). São Paulo: RT/Thomson Reuters, 2021, 685p.
  • MONTEIRO, André Luís. VERÇOSA, Fabiane. FONSECA, Geraldo (editors). Arbitragem, Medição, Falência e Recuperação (Arbitration, Mediation, Insolvency and Judicial Reorganization). São Paulo: RT/Thomson Reuters, 2022, 714p.
  • MONTEIRO, André Luís. ARRUDA ALVIM, Teresa. GUERRERO, Luís Fernando. Translation from English to Portuguese of ANDREWS, Neil. Arbitragem e outros métodos de solução de conflitos Brasil e Reino Unido. Curitiba: Direito Contemporâneo, 2021, 511p.
  • Legal papers cited by the Superior Court of Justice (the highest court in Brazil for non-constitutional matters) in its decisions in the following cases: CEB v. SE (CC. 111.230), Clayton v. BRB (Resp. 1.108.058), Fischer v. Pro Brasil (Resp. 1.543.564), Termopernambuco v. Copergás (Resp. 1.519.041), American International Group v Petrobras (CC. n. 151.130), Petro Rio v. Tuscany (Resp. 1.903.359), and JCDAR v. YGMD (Resp. 2.032.426).