Vamilson José Costa

Partner

Member of the Brazilian Bar Association – Sao Paulo and Rio de Janeiro.

COSTA, Vamilson José. Evolução e desafios da arbitragem como instrumento de acesso à justiça. In: ARAÚJO, Luiz Nelson Porto; CORRÊA, Arsênio Eduardo (orgs.). Ensaio sobre a Constituição de 1988. São Paulo: Editora LiberArts, p. 535-552, 2019.

PAES JÚNIOR, Antonio Tavares; COSTA, Vamilson José. Brazil. In: ICLG. The International Comparative Legal Guide to: International Arbitration 2019. 16. th. London: GLG, 2019. ch. 47.

PAES JÚNIOR, Antonio Tavares; COSTA, Vamilson José. Brazil. In: TAYLOR, Damian (ed.). The Dispute Resolution Review. 10. th. London: The Law Reviews, 2018. cap. 4.

ARMELIN, Donaldo; COSTA, Vamilson José. Mandado de segurança contra ato do Presidente da Junta Comercial do Estado de São Paulo – JUCESP (parte das razões). Revista de Arbitragem e Mediação. São Paulo: Editora Revista dos Tribunais, v. 20, p. 339-348, 2009.

ARMELIN, Donaldo; COSTA, Vamilson José. Da ilegalidade de decisão assemblear em desrespeito ao princípio majoritário e ao poder de controle estável. Revista de Direito Bancário e do Mercado de Capitais. São Paulo: Editora Revista dos Tribunais, v. 17, p. 291-, 2002.

COSTA, Vamilson José; COOKSON II, Charles W. Tratamento legal e regulamentar dos preços de transferência na importação de bens e serviços. Revista Tributária e de Finanças Públicas. São Paulo: Editora Revista dos Tribunais, v. 46, p. 21-39, 2002.

COSTA, Vamilson José; FUSINATO, Marina Santos; DALBOSCO, Gustavo. Conflito de competência: como judiciário e arbitragem podem coexistir na prática. Capital Aberto. 4 maio 2018. Disponível em: <https://capitalaberto.com.br/canais/ctp-arbitragem/conflito-de-competencia/>.

Practice
Education
  • Specialisation in consumer law at the Pontifical Catholic University of São Paulo (PUC/SP – COGEAE) (1991).
  • Bachelor of Laws (LLB) from the Alta Paulista School of Law – São Paulo (1984).
Awards and achievements
  • Recognized by Análise Advocacia 500 Magazine as one of the best Brazilian Full Service lawyers.
  • Recognized by Chambers Global and Chambers Latin America as a leading lawyer in Dispute Resolution: Litigation.

Publications

ICLG – International Arbitration: a practical cross-border insight into internatio…

1. Arbitration Agreements 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? The Brazilian Arbitration Law (Federal Law No. 9.307/1996 – “BAL”) distinguishes two different types of arbitration agreement depending on whether the dispute has already arisen or not: the submission agreement and the arbitration clause. […]

Dispute resolution framework

I INTRODUCTION TO DISPUTE RESOLUTION FRAMEWORK In Brazil, the inspiration from Europe and the prestige of the 19th century’s constitutionalist theories have developed into the codification of law, providing for general principles and rules. The Brazilian legal system follows the tradition of civil law, and has also been impacted by a common law influence, with […]

Arbitration in civil construction

Data released from the biggest arbitration chambers show that civil construction and infrastructure are among the main themes discussed in arbitration procedures. In the Business Arbitration Chamber – Brazil (Camarb), for instance, at least 40% of the demands it manages are related to civil construction and energy.

Family law: arbitration can have an important role in succession and family matters

Brazilian laws – specifically article 852 of the Civil Code – do not accept the arbitration clause as means to solve conflicts when personal matters of family law which are not exclusively related to wealth are involved. However, this limitation itself can no longer completely exclude arbitration, which continues to expand in all areas of […]

Judicialization of arbitration

Even with the arbitration clause, the parties may seek the Judiciary in specific circumstances. The choice of the arbitration institute as means to solve controversies has increased over the last few years and it is currently used in various areas – from civil construction to services related to technology of information – and by various […]

Choices that make the difference

The success in arbitration and the better enjoyment of the advantages arbitration may offer are directly related to the strategies and procedural choices made by the parties of an agreement and/or litigation. The first step essential to succeed in an arbitration procedure is certainly the negotiation of the arbitration clause (for further details, please refer […]

Arbitration involving the Public Administration

Peculiarities that deserve attention During a long time, obstacles to the use arbitration by the Public Administration have been created, under the argument that there would be conflicts between public interest and the private solution of controversies. However, the search for a fast solution of high quality to the litigations involving the Public Administration inevitably […]

Corporate conflicts

Arbitration is able to solve the various situations relating to the particularities involved in the corporate conflicts in a quicker, more discrete and efficient manner than the Judiciary – considering the probable expertise of the arbitrations in the matters discussed. This is why the amount of corporate incorporation documents and derived agreements that provide arbitration […]

The reach of confidentiality

Confidentiality, one of the most esteemed advantages of arbitration, is undeniably a legitimate expectation of the ones who use said mechanism to solve conflicts. Moreover, it is a key element in the execution of the arbitration clause. It is important to stress that as a rule, confidentiality comprises the entire procedure, the very own existence […]

Guarantee of confidentiality

When choosing alternative means to settle conflicts and thus avoiding the Judiciary, the companies may still discuss corporate secrets with the necessary confidentiality and, at the same time, preserve their image from unfavorable effects usually seen in litigation. However, it is important to emphasize that even though confidentiality is considered a natural consequence of arbitration, […]
São Paulo
Avenida Paulista
Rio de Janeiro
Avenida Ataulfo de Paiva
Brasília
Edifício Barão do Rio Branco