Team

Marcelo Levitinas

Contact

+55 21 3993 2890
mlevitinas@gcouto.com.br

Areas of Expertise

Arbitration | Litigation

Academic background

B.A. in Law, Pontifical Catholic University of Rio de Janeiro – PUC-Rio, 2001

Languages

Portuguese and English

Experience

Marcelo Levitinas has been practicing Dispute Resolution since 1998, having spent 17 years as an associate and later as a partner at one of the most traditional law firms in the country.

He has extensive experience in arbitration and litigation, working on disputes in the financial market, large-scale construction projects, environmental, real estate, mining and general commercial disputes, serving, among others, asset management companies, banks, shipping companies, shipyards, investment funds, pension funds, real estate developers, the pharmaceutical industry, the oil and gas industry, mining companies, steel mills, and the information technology industry.

The following cases stand out from Marcelo Levitinas’ experience in arbitration:

  • Multinational IT company against Public Administration, seeking the economic and financial rebalancing of contracts for the provision of software development and support services.
  • Dispute over a turnkey contract for the supply of innovative air pollution prevention equipment for a mining plant and port.
  • Dispute between a foreign investment fund in forestry assets and a seller of planting areas.
  • Multinational mining company in dispute with a contractor regarding the construction of an aluminum plant.
  • Representation of minority shareholders of an IT company in a post-M&A dispute to discuss earn-out, compensation for illegal copying of source code and database, and exercise of withdrawal rights.
  • Dispute over asset pricing in M&A of companies in the wind energy sector.
  • Arbitration involving the environmental recovery of a huge area impacted by a mining dam rupture.
  • Multinational mining company in dispute regarding the acquisition of a mining area, tailings disposal, and environmental impact.
  • Multinational company in the children’s safety and sports equipment sector, due to violation of a non-compete clause.
  • Dispute between a railway and an international rail supplier regarding steel quality.
  • Multinational mining company in dispute with a contractor regarding the construction of a nickel plant.
  • Disputes between mining companies involving options to purchase mining rights.
  • Company in dispute with former subsidiary due to declarations and guarantees from its IPO.
  • Multinational fertilizer company in conflict with drilling companies contracted for services in mining activity.
  • Publicly traded company in conflict with coal suppliers for blast furnaces, due to violation of compliance standards on slave and child labor.
  • Mediation between multinational mining company and contractor due to the construction of an industrial complex (mine, port, railway, highway and airport).
  • Corporate disputes between minority and controlling shareholders, due to violation of shareholder agreement rules.
  • Mediation between railway logistics companies and companies operating water treatment plants (WTPs) and wastewater treatment plants (WWTPs).
  • Dispute involving a power generator and an urban infrastructure company regarding the economic impact of the COVID-19 pandemic on a large-scale energy supply contract.
  • Dispute between a real estate developer and a construction company, due to delays in the construction of a residential and commercial development.
  • Disputes between steel mills and a port operator regarding the price of port services in the import of inputs.
  • Multinational mining company in a post-M&A dispute over breach of representation and warranties relating to mining assets.

Recognition

  • Análise 500:
    • amongst The Most Admired in Arbitration (2018 to 2026)
    • amongst The Most Admired in Private Law (2020 to 2026)
    • amongst The Most Admired in Rio de Janeiro (2018 to 2026)
    • amongst The Most Admired in the Steel and Mining Industries (2020 to 2026)
    • amongst The Most Admired in the Transportation and Logiscitc Industries (2020)
  • Best Lawyers: Litigation (2021 to 2026)
  • Leaders League: Arbitration (Notable Practice – 2022 to 2023) | Civil and Commercial Litigation (Recommended – 2020 to 2023)
  • Legal 500: Dispute Resolution (2026)

Publications

O compromisso arbitral e o momento de nomeação dos árbitros: por uma interpretação razoável do art. 10 da Lei de Arbitragem

Data: 19/08/2020 -

Profissional(is) relacionado(s):

Marcelo Levitinas

Contratos Bancários. Prova das condições pactuadas. Juros moratórios decorrentes da Lei. Juros remuneratórios decorrentes da Lei. Multa moratória. Presunção legal. Interpretação conforme usos e costumes. Exibição de documentos. Presunção de veracidade. Código de Defesa do Consumidor

Data: 01/09/2016 -

Profissional(is) relacionado(s):

Marcelo Levitinas

A aplicabilidade de multa processual na execução de sentença arbitral

Data: 17/12/2015 -

Profissional(is) relacionado(s):

Marcelo Levitinas

A arbitragem de emergência como alternativa para solução de medidas urgentes na jurisdição privada

Data: 09/10/2015 -

Profissional(is) relacionado(s):

Marcelo Levitinas

O cômputo dos encargos contratuais incidentes sobre títulos de crédito cobrados em juízo

Data: 01/07/2015 -

Profissional(is) relacionado(s):

Marcelo Levitinas

Procedimento arbitral vs. Intervenção necessária do credor fiduciário

Data: 18/05/2015 -

Profissional(is) relacionado(s):

Marcelo Levitinas

Pedro Corrêa e Castro