Our professionals

Our professionals

Partner

Pablo Sorj

Pablo Sorj
55 21 3231 8203 psorj@mattosfilho.com.br Rio de Janeiro
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Experience

Pablo represents companies, sponsors, investment funds and financial institutions in a wide variety of transactions in the infrastructure and energy sectors. He advises on asset sales and purchases, structured finance, acquisition finance and project finance. Pablo previously worked as a foreign lawyer at Gibson, Dunn & Crutcher LLP in New York, and is currently co-chair of the Stanford Law School Alumni Association in Brazil and Sector Vice President of the Brazilian Center for Mediation and Arbitration (CBMA).

 

He is consistently recognized as a leading Projects lawyer by Chambers (Band 1), IFLR (Market Leader), The Legal 500 (Leading Lawyer), among others. Pablo holds a law degree from PUC-RJ, an executive MBA from IBMEC-RJ and an LLM from Stanford Law School.

Education

Bachelor of Laws – Pontifícia Universidade Católica do Rio de Janeiro

Master of Laws (LL.M.) – Stanford Law School

Executive MBA – Instituto Brasileiro de Mercado de Capitais

Recognitions

Análise Advocacia 500 – Financial Transactions (2021), Energy (2021), Transport and Logistics (2021), Rio de Janeiro (2021);

Chambers Global – Projects (2011 – 2022);

Chambers Brazil – Projects (2012 – 2021); Corporate/ Commercial: Rio de Janeiro (2022);

IFLR 1000 Financial and Corporate – Market leader: Banking, Project Development, Project finance (2017 – 2022);

LACCA Approved – Banking & Finance (2015 – 2022)

LACCA Thought Leaders – Banking & Finance (2020;2022)

Latin Lawyer 250 – Banking & Finance; Project Finance and Infrastructure; Energy; Management (2020 – 2021)

The Legal 500 – Leading individuals: Projects & Infrastructure (2013 – 2022)

Who’s Who Legal Global – Project Finance (2019 – 2022); Energy (2019 – 2020); Energy – Oil & Gas (2021, 2022); Energy-Power/Electricity (2021, 2022)

Who’s Who Legal Brazil – Project Finance (2014 – 2021); Energy (2018 – 2021)

Who’s Who Legal Thought Leaders – Global Elite Project Finance (2019); Brazil – Project Finance (2020 – 2021)

Único. The Mattos Filho news portal

Authored publications

Mattos Filho in the media

With Pablo Sorj
BNAmericas

FPSOs move into Brazil banks’ financing focus

​As demand for FPSOs rises in the wake of the development of Brazil’s large oil and gas reserves, banks are eyeing financing opportunities.

“The pre-salt fields are advancing in their respective production phases and this directly impacts the demand for FPSOs. We are talking about up to 40 new FPSOs in Brazil by 2026, there is no other country with this level of demand,” Nilton Mattos, a lawyer specialized in the offshore area at law firm Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, told BNamericas.

Click here and learn more. 

Areas of expertise

Published the decree that rules the arbitration involving Brazilian Public Administration in the port and transportation sectors

​On September 23, 2019, Decree No. 10,025/2019 was published on Federal Gazette, which rules the arbitration to settle disputes involving Federal Government or its entities, public-utility companies, sub-public-utility companies, permittee, lessee, authorizing company or port operators, under port, road, rail, waterway, and airport transportation sectors. The abovementioned Decree revokes the Decree No. 8,465/2015 that used to regulate the arbitration proceeding under the port sector.

The rule deals with various topics, such as arbitration subject, standards of arbitral proceedings and arbitration agreement, fixing guidelines applicable to the arbitration clause and arbitral submission in the partnership agreements. The Decree also sets out deadlines and costs of the proceeding, as well as rules the accreditation and choosing of arbitration chamber and arbitrators, among others matters.
Among the main provisions of the Decree, the following stand out: 
Extension of the definition of “waivable property right”, including: (i) issues related to the economic and financial rebalancing of contracts; (ii) the calculation of indemnities arising from the termination or from the transfer of the partnership agreement; and (iii) the breach of contractual obligations by any party;

The determination that the arbitration will be held in Brazil, in Portuguese and awarded according to the Brazilian law;
It will be exclusively admitted the arbitration at law. Arbitration in equity is forbidden.
The determination that the arbitration will be, preferably, institutional, being admitted the arbitration ad hoc if justified;

The extension of arbitration rules for the road, rail, waterway and airport sectors (in addition to the port sector previously regulated by Decree No. 8,465/2015);

The possibility to maintain the necessary information confidential for the preservation of trade secret, as well those considered confidential by Brazilian law;
The unappealableness of the administrative decision challenged in the arbitration proceeding. The arbitration award is considered final and definitive;
The determination that the arbitral chamber chosen to settle disputes should be previously credentialed by the Office of the General Counsel for the Federal Government;
The possibility of agreement by the parties on other alternative dispute resolution mechanisms, including mediation and direct negotiation with the public administration to be foreseen in the partnership agreements;

The determination that the arbitration clause, when stipulated, will be set out prominently in the contract, such as the information if the arbitration will be institutional or ad hoc;
The provision that, in case of absence of arbitration clause, the Brazilian Public Administration will analyze previously the advantages and disadvantages of arbitration in the case before celebrating the arbitration agreement;
The preference of using arbitration in cases with eminently technical issues in dispute and where the delay in settling the dispute may (i) harm the proper provision of the service or the operation of the infrastructure, and (ii) inhibit investments considered as priorities;
The provision that the arbitral award shall be issued within 48 months;
The provision that the costs and expenses related to the arbitration proceeding will be paid in advance by the contracted party; and
That the payment of arbitral award by the Federal Government or its entities will be made by registered warrants or a small amount request.

The provisions of the Decree shall not apply to arbitrations which have been subject to an arbitration agreement signed before its effective date unless otherwise agreed by the parties.

The new rule, by extending the use of arbitration to the entire transportation sector, before limited to the port sector, ratifies the arbitration as a method of resolving disputes against the public administration, assuring procedural promptness and neutrality, which will create a more attractive environment to the investor.

For more information, please contact the Litigation and Arbitration and Infrastructure Practice partners.

ANTAQ proposes amendment to the regulation for the charter of vessels operating Brazilian inland waters

​On September 13, 2019, the National Agency for Waterway Transportation (“ANTAQ”) published the Public Hearing Notice No. 10/2019-ANTAQ for contributions and suggestions on the proposal of amendment to the regulation that establishes proceedings and criteria for the charter of vessels operating in Brazilian inland waters (Resolution No. 1.864/2010-ANTAQ).

Among the main amendments proposed to Resolution No. 1,864/2010-ANTAQ, the following stand out:

  • Implementation of the Inland Navigation Chartering Management System (in Portuguese “SANI”), for purposes of streamlining the communication between Brazilian shipping companies (EBNs) and ANTAQ for the charter of vessels, as well as improving its management; 

  • Simplification of the procedure for registration of vessels chartered for operation in inland waters through the filing of the charter party, so that it is no longer necessary to register the charter party in two separate ANTAQ departments;

  • Updating the amount of fines, aiming to prevent violations of the same kind deliberately and repeatedly, improve the dosimetry method of pecuniary sanctions and also the provision of services to users; and

  • Standardization of procedures and technical
    terms
    , such as “firm blocking”,
    charter authorization certificate with future effectiveness, prescribed cargo release
    certificate (CLCP), similar type vessel, inland navigation and delivery
    certificate. Similar to other types of navigation, the circumstances allowing
    for subchartering and the release of prescribed cargo are also addressed.
     

Finally, the proposed regulation also provides for the obligation to send a quarterly report for the monitoring of shipbuilding schedule, and extinguishes the restriction of circularizations in the same basin so as to foster circularizations to companies of all river basins thus promoting isonomy and new business opportunities.

Contributions shall be made from September 20, 2019 to November 4, 2019 exclusively through the electronic form available at ANTAQ portal.

The public hearing will be held in the auditorium of ANTAQ Headquarters
Building (SEPN 514, cj. “E”, Asa Norte, Brasília/DF) on October 22, 2019.

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