Band 1
Provided by Paula Costa e Silva
Paula Costa e Silva’s work as independent arbitrator and legal expert focuses on corporate law, international contracts, banking, financial services, securities law and public-private partnerships.
Since 1986, she has taught, among other subjects, Contract and Tort Law, Securities Law, Copyright Law, Commercial Law and International Arbitration.
Paula Costa e Silva, C.Arb, is a Full Professor at the Faculty of Law of the University of Lisbon. She is a fully qualified lawyer at the Portuguese and Brazilian Bar Associations, an independent arbitrator and a legal expert.
Paula Costa e Silva is a CIArb Chartered Arbitrator.
She is a member of the lists of arbitrators of the Singapore International Arbitration Centre (SIAC), the Hong Kong International Arbitration Centre (HKIAC), the Arbitration and Mediation Centre of the Brazil-Canada Chamber of Commerce (CAM-CCBC), the CAM - Câmara de Arbitragem do Mercado, the B3 – Brasil, Bolsa, Balcão, the CAMARB - Câmara de Mediação e Arbitragem Empresarial - Brasil, the Med Arb RB (Mediation and Arbitration for Recovery and Business), the Shenzhen Court of International Arbitration (Shenzhen Arbitration Commission, SCIA), the South China International Arbitration Center (Hong Kong) Reccomended Panel of Arbitrators and the Commercial Arbitration Centre of the Portuguese Chamber of Commerce and Industry (CAC), of which she is also the Vice-President. She is also a member of the Panel of Recognised International Market Experts in Finance (P.R.I.M.E.).
Paula Costa e Silva is the author of more than 210 publications. Her published works include:
- Perturbaciones en el cumplimiento de los negocios procesales. Convenios arbitrales, pactos de jurisdicción, cláusulas escalonadas y otras tantas novelas quizás ejemplares, de las que se espera que entretengan mucho, Editorial Civitas, Thomson Reuters, Pamplona, 2021;
- Responsabilidade por conduta processual. Litigância de má fé e tipos especiais, Coimbra, Almedina, 2022;
- Estudos de Arbitragem, vols. I and II, Coimbra, Almedina, 2022;
- Lei de Arbitragem de Macau Anotada. Edição Bilingue Português-Chinês. Volume I (artigos 1.º a 45.º), Associação dos Advogados de Macau/AAFDL Editora
- Acto e Processo, Regressando ao dogma da irrelevância da vontade na interpretação e nos vícios do acto postulativo, Coleção O Novo Processo Civil, Thomson Reuters, Revista dos Tribunais, São Paulo, 2019;
- A Nova Face da Justiça. Os meios extrajudiciais de resolução de controvérsias, Coimbra Editora, Coimbra, 2009.
Among her most recent papers:
- An account of events, by definition, involves an understanding of the actors: a prova na arbitragem comercial internacional, Quaestio facti. Revista internacional sobre razonamiento probatorio, Núm. 6, 2024, available at https://revistes.udg.edu/quaestio-facti/article/view/22949;
- “Accord des parties sur la procédure ou décision des arbitres? La piège de Francfort et la petrification d’un processus souhaitablement ductile”, in AA/VV, Mélanges em l’honneur de Loïc Cadiet, Lexis Nexis, 2023, pp. 353–366;
- “Prova na arbitragem. O que pode o processo civil aprender com a arbitragem? O que pode a arbitragem aprender com o processo civil?”, in AA/VV, Direito Probatório, vol. II, Thoth Editora, 2023 pp. 357-374;
- “An Arbitration Center’s Perspective: Online Dispute Resolution and the Virtual Hearings: Six Characters in Search of an Author”, in Online dispute resolution – New Challenges, Dário Moura Vicente, Elsa Dias Oliveira, João Gomes de Almeida (Eds.), Centro de Investigação de Direito Privado da Faculdade de Direito da Universidade de Lisboa, Nomos, 2022, pp. 145-159.
Paula Costa e Silva is in "band 1" of the Chambers and Partners Global and Europe rankings (“dispute resolution: most in demand arbitrators”), as well as in the "most in demand arbitrators in Portugal" category, for four years now. She also ranks among Jus Connect’s “Most Active Female Arbitrators 2023” Power List. She features in the Leaders League ranking, with an "excellent" rating in the "Portugal Best Arbitrators" category. She was recognised and honoured by the Portuguese and Brazilian arbitration communities at the IX Coimbra International Arbitration Meeting in 2019.
Paula Costa e Silva is a member of the award panel for the ICC Institute of World Business Law Award, 2023 Edition. She is also a member of the Latin American and Iberian Chapter of the ICC Institute of World Business Law at the International Chamber of Commerce. She is the rapporteur, for Portugal, for the ICC Institute LAI 2nd Study "Is Arbitration under Regulatory Attack in the Ibero-American Countries?".
In 2023, she has been entrusted by the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT) with the preparation of a translation of the full official version of the ELI - UNIDROIT Model European Rules of Civil Procedure, published jointly by UNIDROIT and ELI ("ELI-UNIDROIT Model Rules"), into Portuguese, as well as its publication and distribution.
Paula Costa e Silva is a member of the Scientific Council for the research report "Observatório da Arbitragem" (Arbitration Observatory), prepared under the aegis of the Brazilian Arbitration Committee (CBAr) and the Brazilian Association of Jurimetry (ABJ), which was finalised in November 2023. She is a member of the team of "Law Experts/Professors" in the project "Provision of services for the drafting of laws and regulations necessary for the establishment of a securities market in the Macau Special Administrative Region of the People's Republic of China", awarded by the Monetary Authority of Macau.
As an independent arbitrator, Paula Costa e Silva has participated as Sole Arbitrator, Presiding Arbitrator and Co-Arbitrator in more than one hundred national and international arbitrations, both institutionalised and ad hoc, mainly in matters relating to corporate law, public-private partnerships, construction, international contracts, banking & financing and patents, among others. She has also acted as a mediator. As arbitrator and legal expert in banking and finance, she was admitted to the Panel of Recognised International Market Experts in Finance (P.R.I.M.E.).
Among others, she acts or has acted as an arbitrator for the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Arbitration and Mediation Centre of the Brazil-Canada Chamber of Commerce (CAM-CCBC), the Market Arbitration Chamber (CAM) and the Commercial Arbitration Centre of the Portuguese Chamber of Commerce and Industry (CAC).
Paula Costa e Silva has also facilitated the mediation and negotiation of complex disputes.
Faculty of Law of the University of Lisbon
PhD
2002
Brazilian Institute of Procedural Law
José Carlos Barbosa Moreira Medal
2022
Provided by Chambers