Flávia Bittar

Flávia Bittar Advocacia

Nova Lima/MG www.flaviabittar.com.br

flavia@flaviabittar.com.br Tel: +55 31 3656 0050

Biography

With over 20 years of experience in legal consulting and dispute resolution, with a focus on arbitration, she acts as a lawyer and arbitrator in domestic and international arbitrations, mostly involving conflicts related to corporate law, infrastructure, construction, energy and mining industries. Current president of CAMARB - Business Mediation and Arbitration Chamber – Brazil and former president of the Brazilian Arbitration Committee (CBAr), as well as former vice-president of the Mediation and Arbitration Commission of ICC Brazil.

This career has attracted me because it gives me the opportunity to make a difference in people’s lives and in corporate society.

What do you enjoy most about your role as arbitrator?

I really appreciate the investigative nature of the arbitrator’s mission, balancing the parties’ positions and having the opportunity to find the best way to make justice, within the limits given by the parties. Studying different cases, analysing in detail the evidence presented with an open mind and without prejudging the case is challenging but very entertaining.

What do clients look for in an effective arbitrator?

Expertise in the subject matter of the case and in conducting arbitration, organisational skills, proper availability to dedicate to the case, broad knowledge of the applicable law and ethics.

Arbitrator independence and impartiality is a hot topic. What do you think of the moves towards reform in this area?

I believe that independence and impartiality must be assessed within objective and clear limits and standards, based on ethics and good faith from parties and arbitrators. Transparency is mandatory for the success, legitimacy and the soundness of the proceedings, so that arbitrators shall reveal all situations that, in the eyes of a the third reasonable person distant from the conflict, could give rise to doubts related to conflict of interests capable to affect their independence and impartiality. On the other hand, parties should trust that arbitrators have made their best efforts in assessing possible conflicts and should not use this as a tool to disregard proceedings when they do not agree with the outcome of the decision.

In what ways have you noticed tribunals becoming more sophisticated and entertaining a greater variety of techniques in proceedings?

The complexity of the disputes and the sophistication of the parties drives the arbitral tribunal to find most effective tools to administer the proceedings with creative techniques to provide solutions that meet the needs of the parties to have an efficient arbitration as regards time and costs. The use of technology is also a key factor to provide an efficient administration of the case, as highlighted by the solutions found during the covid-19 pandemic to allow the continuance of the proceedings when the world was standing still. However, although new tools can be very useful to provide effectiveness, not every step of arbitration can be replaced from traditional manners. In-person hearings and meetings still have their value.

In your opinion, what is the most significant challenge arbitration will face in 2022-2023?

Given the criticism arbitration is facing time and costs wise, I believe we have a great challenge to find solutions to provide balance between effectiveness and due process. Transparency also needs to be addressed, looking for solutions to ensure the parties’ autonomy to make decisions as to confidentiality on one hand, and transparency on the other hand. Furthermore, arbitrators must be up to date with modern contractual tools, such as blockchains, when facing decisions regarding these emerging technologies.

What makes Flávia Bittar Advocacia stand out from its competitors in the market?

Dedication and focus on the quality of the work we aim to deliver, giving attention to every detail of the case. Our firm has a highly qualified and diverse team, with personalised case management skills. We are prepared to deal with different cases, be flexible and up-to-date with the most recent hot topics.

What advice would you give to someone looking to start their own firm?

The first thing is to find a specific niche market and highlight unique competitive advantages to differentiate the firm in the market. It is crucial to put energy, dedication, and love into the new project. Believe that you can make a difference. Networking is also very important. Moreover, keep up-to-date with what is happening in the market. Be organised and ethical. Finally, be surrounded by good help, invest in a great team and trust your people.

WWL says: Flávia Bittar is a key name in Brazil’s arbitration market, with commentators describing her as “one of the best, most in demand arbitrators in Brazil”.