Rafael Wallbach Schwind

Practice Areas

Government contracts, PPPs, government concessions, infrastructure projects, construction, corporate law, international and domestic commercial contracts, defence contracts, and related arbitration or litigation. Active lawyer in several infrastructure industries such as ports, highways, railways, water and sewerage, shipping, related funding and corporate matters. Client portfolio as counsel comprises domestic and international clients from the private and public sectors.

Career

Senior partner at Justen, Pereira, Oliveira & Talamini (Curitiba). Co-head of the firm’s Infrastructure practice.

Professional Memberships

Fellow of the Chartered Institute of Arbitrators (FCIArb). In Brazil: IASP (São Paulo Lawyers Institute), IBDA (Brazilian Administrative Law Institute), IDASAN (Brazilian Institute of Law Administrative Sanctions), IPDA (Paraná Administrative Law Institute), Legal Counsel of Brazil Export. Member of the Committees of Infrastructure Law and Maritime, Port and Customs Law from Paraná Bar Association (OAB/PR).

Publications

SCHWIND, R. W. Licitações Internacionais. 3ª ed. Fórum. 2022.

JUSTEN FILHO, M; SCHWIND, R. W (Coord). Parcerias público privadas: reflexões sobre a Lei 11.079/2004. 2ª ed. Thomson Reuters: Revista dos Tribunais. 2022.

CUNHA FILHO, A. J. C.; ARRUDA, C. S. L.; ISSA, R. H.; SCHWIND, R. W (Coord.). Direito em tempos de crise: COVID-19. Quartier Latin. 2020.

PEREIRA, C. A. G.; SCHWIND, R. W. (Org). Direito Portuário Brasileiro. 3ª ed. Fórum. 2019.

CUNHA FILHO, A. J. C.; ISSA, R. H.; SCHWIND, R. W (Coord.). Lei de Introdução às Normas do Direito Brasileiro – Anotada. Quartier Latin. 2018

SCHWIND, R. W. O Estado Acionista. São Paulo: Almedina. 2017.

CUNHA FILHO, A. J. C.; OLIVEIRA, A. T. M; ISSA, R. H.; SCHWIND, R. W (Coord.). Direito, Instituições e Políticas Públicas: o papel do jusidealista na formação do Estado. Quartier Latin. 2017.

SCHWIND, R. W. Remuneração do Concessionário: concessões comuns e parcerias público-privadas. Fórum. 2010.

Personal

PhD and LLM in Public Law at University of São Paulo, São Paulo (2014, 2010). Visiting Scholar at the University of Nottingham (International Public Procurement, 2016). Fellow of the Chartered Institute of Arbitrators Brazil Branch (CIArb Brazil). Listed in the roster of arbitrators of several Brazilian arbitral institutions, such as CAMFIEP, CAMESC and CAESP.

Clients

• Corporations acting in several industries, especially infrastructure sectors.

• State-owned enterprises acting in several industries.

• Concessionaires acting in several industries.

Work Highlights

Special projects in anticorruption legislation.

Counsel in several matters within infrastructure sectors, including:

• Representation of port terminals in judicial and administrative disputes involving collection by the segregation and delivery service of containers.

• Representation of port terminals before the Administrative Council for Economic Defense (CADE) in discussions of a competitive nature.

• Defense of port terminal interests in the states of São Paulo, Paraná, Bahia, Espírito Santo and Pará, in Brazil, involving projects of expansion and contract extension.

• Legal consultancy for investors in bids involving container port terminal, vehicles, pulp, grain, and ores.

• Legal consultancy for investors in project of construction authorization and exploitation of railway.

• Legal consultancy in a strategic project designed for the change of port terminal area.

• Legal consultancy for port concessionaire in regulatory matters.

• M&A advisory for port terminals.

• Legal consultancy involving competitive issues related to port terminals and shipping companies.

• Legal consultancy for association of port terminals in public hearings of regulatory nature and discussion of regulatory drafts.

• Legal consultancy for investors in bidding for highway concessions throughout Brazil.

• Legal consultancy related to the sale of capital from a state company in the port sector to a strategic foreign investor.

• Legal consultancy in M&A projects of highway concessionaires.

• Defense of the interests of highway concessionaires in matters involving anti-corruption law.

• Representation of investors in bids for highways’s concessions.

• Representation of highway concessionaires in regulatory disputes.

• Representation of highway concessionaires’ association in collective disputes.

• Representation of highway concessionaires’ association in public hearings.

• Legal consultancy for companies in the conclusion of civil non-prosecution agreements related to administrative impropriety proceedings.

• Defense of companies in international bidding proceedings, notably with funding from international institutions.

• Defense of sanitation concessionaires in proceedings of economic and financial rebalancing.

• Defense of sanitation concessionaires in sanctioning proceedings.

• Defense of sanitation concessionaire in arbitration and judicial disputes of regulatory and contractual nature.

• Legal consultancy for sanitation concessionaires in public hearings and regulatory proceedings.

• Representation of construction companies in bids.

• Representation of construction companies in disputes related to major infrastructure projects.

• Legal consultancy for railway concessionaires and authorizers in strategic disputes and new infrastructure projects.

Expert in these Jurisdictions

Brazil, with extensive experience in international law and international contracts.

Industry Sector Expertise

Projects and Infrastructure, mainly focused on ports, airports, railroads, railways, sanitation and energy.

Languages Spoken

Portuguese, English, Spanish.

Experience

Counsel at Justen, Pereira, Oliveira & Talamini since 2003. Senior partner (since 2016), lawyer (2003-2015) and intern (2000-2002).

Education