CSN/IRB/Reinsurance Market Settlement of 2013 – this case regards a successful multi-party mediation and process design of a complex dispute in the reinsurance market, involving a Brazilian steel-maker company, a local insurer and reinsurer, and over 30 foreign reinsurers (mostly European), regarding a US$ 700 million claim. The case was successfully settled and is considered by many in the market as one of the most complex cases in the history of Brazilian reinsurance.
Mediation between top tier reinsurance companies and a major long steel producer in Brazil, regarding a US$ 190 million claim, successfully settled in 2016.
We have broad experience with partnership disputes mediations in different sectors, in national and international cases, regarding disputes caused by cultural differences, review of governance rules in corporations and joint-ventures, separation agreements on business partnerships, valuations, issue of debentures, disputes in family-owned companies, start-up companies and investment funds, among others.
Cases involving renowned national and international companies, on issues such as construction and management of arenas, claims for project delays, quality issues, change of scope, compensation for extra works, contractual fines and liabilities, lack of payment, construction defects, project errors, abandonment of site, disagreements in contract execution and measurement, unforeseen contingencies, dredging strategies, among others. Those include ad hoc and institutional mediations – International Chamber of Commerce (ICC), in Paris, Brazil-Canada Chamber of Commerce (CCBC), the Federation of Industries of São Paulo (FIESP/CIESP), CAMARB (Belo Horizonte) and CBMA (Rio de Janeiro).
Conducted a wide range of mediations in commercial disputes, in distribution, representation and supply contracts, real estate, environment and clean-up issues, agrobusiness, sports, banking and finance, national and international.
We have recently designed and implemented an unprecedented mediation strategy to a Judicial Recovery reorganization plan case in the publishing industry.
DISPUTES SYSTEM DESIGN
Responsible for the design and implementation of successful negotiation and mediation programs built to compensate the beneficiaries of the victims of the accidents with flights TAM 3054 (2007, Porto Alegre – São Paulo) and Air France 447 (2009, Rio de Janeiro-Paris), respectively, created in conjunction with state level consumer protection authorities (Public Prosecutors Office, Public Defenders Office), the airlines and insurance and reinsurance companies involved.
Retained by the Colombian telecom Regulator for the design of a dispute resolution system of government supported interest-based channels to resolve claims between users and operators, with the use of mediation and online mechanisms. The project comprised consensus building among stakeholders (telecom operators, government offices, association of consumer protection – vocales) followed by a pilot project and external evaluation. The project was considered to be very successful and was used to support new regulation in the sector (2013/2016).
Development of an online platform for consumer information and dispute resolution. Minimum viable product was tested in 2016, in partnership with a major e-commerce marketplace. Project is still under research and development.
Retained for the design of a dispute resolution system for victim’s compensation due to the largest environmental disaster in the history of Brazil – appointed by the foundation created to implement remedial programs, with government supervision and support. The program is designed for compensation of over 30,000 families for general damages (e.g. fishing, sand extraction, farm lands, tourism, damages to property and small business) and 300,000 beneficiaries for specific moral damages (ongoing). He is serving as the chief mediator in the project and currently supervises a staff of 55 full time mediators. Work comprises mediations between communities and representatives of associations and the Foundation, to determine compensation criteria and also individual mediations for compensation.
Mr. Faleck has been serving as settlement counsel in complex cases, regarding partnership disputes, multi-party international cases and reinsurance. He has developed and conducted structured settlement counsel programs for a company in the Oil and Gas, Automotive and Steel-Making markets. These projects target a part of a company’s litigation docket and comprises assessing strategy, reassessing company’s exposure and approximating counterparties to negotiate efficient and fair settlements. We have achieved very positive results in reducing company’s litigation dockets and exposure, saving direct and indirect costs and increasing company’s capacity to settle high number of cases efficiently, without adding costs with staff and trainings.