A series of highly complex judicial and arbitral cases gained prominence during 2023, many of which involved Mattos Filho. The firm‘s Litigation & Arbitration practice represented both Brazilian and international clients, applying a multidisciplinary approach in conjunction with other practice areas.
In 2023, litigation and arbitration matters accounted for 48.6% of Mattos Filho’s gross revenue. Emblematic cases included one related to the rupture of the Fundão tailings dam in the city of Mariana (State of Minas Gerais), the first–ever arbitration proceedings against Brazil‘s Telecommunications Agency (Anatel) regarding landline telephone concession contracts within the scope of privatization, the first lawsuits concerning password sharing on streaming services, as well as the country‘s largest corporate dispute – in which Mattos Filho represented a foreign client seeking to acquire a pulp and paper company.
See our partners’ analysis of some of these cases below.
“The Telefônica case is the first arbitration ever filed against Anatel and one of Brazil’s largest-ever cases against the government. It addresses many issues under Brazilian law for the first time”
“The case regarding Netflix‘s restriction on sharing accounts represented a significant development for the streaming market, one that has become highly competitive and faces challenges to increase and retain its user base“
“We represent BHP Brasil in a significant case sparked by the rupture of the Fundão tailings dam in Mariana, a city in the state of Minas Gerais. The case’s unprecedented nature may end up determining the suitability, scope, and applicability of legal theses concerning environmental compensation, socioeconomic programs, collective moral damages, intervening damages, and homogeneous individual damages”
“Telefônica Brasil S.A. – also known as Vivo – is involved in a BRL 18 billion dispute with Anatel involving the concession executed upon back in 1998, when landline telecommunications services were privatized in Brazil. This was the first arbitration case ever filed against Anatel and one of Brazil’s largest-ever cases against the government. It addresses many issues under Brazilian law for the first time. In more than two decades of contractual relationship, Brazil’s telecommunications sector has faced a series of significant and unforeseen changes that have imposed new obligations on Telefônica. As a result, landline telephone concessions became unsustainable, and the contractual obligations unbalanced. Anatel refused to grant Telefônica’s administrative claims, which sought to rebalance economic-financial aspects of concession and other legal rights related to applicable legislation (especially Brazil’s General Telecommunications Law) and the concession agreement. Therefore, Telefônica brought the dispute to arbitration”
Flávio Spaccaquerche – Partner
“The restriction on sharing Netflix accounts beyond the main subscriber and the people they live with is provided for within the service’s terms of use, which users accept upon signing up. Despite the company clearly stating this restriction, various administrative proceedings and lawsuits have been brought in different Brazilian states in defense of the idea that consumers should have the right to share the account with third parties for free. This case became important due to extensive media coverage and its impacts on Brazilian consumer habits, as well as the highly complex array of legal issues involved – including consumer rights, technology rights, copyright, data protection, and class action. Moreover, the case represented a significant development for the streaming market, one that has become highly competitive and faces challenges to increase and retain its user base. In this regard, court decisions such as this one provide legal certainty, respect established contractual clauses, and allow for a healthy equilibrium in relations between companies and consumers”
Nicole Moreira – Partner
“We represent BHP Brasil in a significant case sparked by the rupture of the Fundão tailings dam in Mariana, a city in the state of Minas Gerais. Samarco, a joint venture between BHP Brazil and Vale S.A., operates the dam. The dispute is extremely complex, encompassing numerous claims, jurisdictions, parties with different interests, and countless possible outcomes across more than 60 class actions and hundreds of individual lawsuits, not to mention negotiations with public authorities. The case’s unprecedented nature may end up determining the suitability, scope, and applicability of legal theses concerning environmental compensation, socioeconomic programs, collective moral damages, intervening damages, and homogeneous individual damages”
Ricardo Junqueira – Partner
We monitor the political and economic scenario, developments in the market and all the latest legal news with an impact on business. Read our partners’ analysis of some of the core issues that shaped 2023.
Integrated report 2023
Integrated report 2023