Litigation and Arbitration

Mosimann-Horn Advogados represents individuals and companies in a wide variety of sectors in strategic court and arbitration proceedings in all fields of law.

Given the extensive know-how and experience in this field held by founding partners Hélio Mosimann, Oswaldo Horn and Rafael Horn, dispute resolution is Mosimann-Horn’s most prominent area of practice.

Since 2013, we have been ranked by the Chambers and Partners Latin America guide as one of the best firms in dispute resolution in Southern Brazil.

The firm also uses its accumulated experience in litigation to engage in arbitration.  Its staff of lawyers includes professionals with effective experience in high-profile commercial arbitration.

Some of our most relevant cases include:

• Defending the interests of one of the country’s principal water and sanitation companies, in a court proceeding that guaranteed its participation and  contracting under a public bid for a 30-year water supply and sewage treatment project in an important municipality in Santa Catarina with financial repercussions of approximately three hundred million dollars.
• Representation of a group responsible for one of the world’s most modern and efficient solid bulk terminals, which is located in Santa Catarina. It was an arbitration dispute before the International Chamber of Commerce (ICC-Brazil) with one of its principal international investors, over discussions involving take-or-pay investment contracts, with financial repercussions exceeding twenty million dollars.
• Legal representation of business interests in one of the most emblematic cases in Brazil involving environmental and planned urban development issues, in which the Ministério Público Federal [Federal Public Ministry] sought reparations for alleged environmental damages and to demolish beach clubs on one of the main beaches in Florianópolis, with immeasurable social and financial impact.
• Defending the interests of an important national federation in the real estate industry, obtaining a strategic victory for the sector at the Superior Tribunal de Justiça  [Superior Court of Justice], which allowed an indefinite extension of a surety deposit on lease contracts, with an unmeasurable financial impact.
• Handling, in first and second level courts, a suit that led to summary judgement Súmula 580/STJ relating to inflation adjustment of indemnities for mandatory insurance (DPVAT), with an incalculable positive financial impact for insurance companies in the consortium.
• Defense of the interests of a major Brazilian retail firm, obtaining decisions that invalidated ICMS [sales and service tax] charges on the “extended guarantee”, with an inestimable financial impact on a national level.
• Work in a case involving seizures by the Labor Court that did not respect the bankruptcy process of a major Brazilian airline.  A decision was obtained that defined the bankruptcy court as the competent jurisdiction over all issues relating to judicial recuperation, nullifying the previous blockages by the Labor Court.
• Legal representation of one of the heirs of the largest manufacturing groups in Santa Catarina, obtaining the invalidation of the inheritance distribution due to illegalities committed during the apportionment of shares, with a financial impact of more than one hundred million dollars.
• Representation of the company responsible for the concession and administration of the main highway corridor in Southern Brazil, in a case that sought to suspend a construction project to connect two strategic cities in Santa Catarina, enabling its continuation and completion. This result had profound importance on the economic development of Santa Catarina state.