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Partner

Domingos Fernando Refinetti

About

Partner responsible for leading the arbitration and mediation practice, as well as the strategic civil litigation practice, in addition to providing civil, commercial, corporate, and contractual advisory services. He also serves as an arbitrator in both domestic and international arbitrations and as a mediator in mediation proceedings. He is also recognized for his work in insolvency matters, including bankruptcy, judicial, and extrajudicial reorganization of companies.

Education

  • Law Degree, University of São Paulo (USP), 1976
  • Specialization in Business Administration, Fundação Getúlio Vargas (CEAG-FGV), 1991

Languages

  • English
  • Italian
  • French
  • Spanish

Certifications and Affiliations

  • Fellow of the Chartered Institute of Arbitrators (FCIArb)
  • Certified mediator by IMAB and registered in the List of Conciliators and Mediators of the São Paulo State Court of Justice, having served as mediator before the Specialized Bankruptcy and Judicial Reorganization Courts of São Paulo’s Capital
  • Registered mediator with the São Paulo State Court of Justice – Permanent Center for Consensual Dispute Resolution Methods (NUPEMEC)
  • Member of the CAM/CCBC Arbitrators List
  • Member of the CAMCA Arbitrators List
  • Member of the ARBITAC Arbitrators List
  • Member of the Permanent Committee for Bankruptcy and Restructuring Law Studies of the São Paulo Lawyers Institute (IASP)
  • Member of the Turnaround Management Association of Brazil (TMA)
  • Member of the International Bar Association (IBA)
  • Member of the Brazilian Institute for Business Recovery Studies (IBR)
  • Member of the International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International)
  • Member of IBRADEMP – Brazilian Institute of Business Law
  • Member of the São Paulo Lawyers' Association – AASP – having served as Councilor and Director

LECTURES AND PRESENTATIONS

  • "Arbitration and ADR in Brazil and Nigeria." Canal Arbitragem. Lecture: "Appointment of Arbitral Institutions and Arbitrators by Public Administration. Duty of Disclosure. Challenge of Arbitrators." (2022)
  • "Interim Continuation of Business Activities in Bankruptcy”. Mackenzie. (2024)
  • "Solution in Focus". TMA Brazil. "Creditors' Plan for Bankruptcy Closure". (2025)
  • "5 Years After the Insolvency Law Reform: past, present and future of mediation in insolvency". IASP. "Possibility of Using Mediation for Companies in Crisis". (2025)
  • "Preservation of the Company and Subjection of Credits to Judicial Reorganization". Mackenzie. (2025)
  • “Arbitration & ADR in Brazil and Nigeria: Similarities, Differences, and Opportunities”. Canal Arbitragem and Ciarb. (2026)

PUBLICATIONS

  • "Money Laundering and Asset Recovery: Brazil, Nigeria, United Kingdom and Switzerland": Coordinated by REFINETTI, Domingos Fernando; MACHADO, Maíra Rocha. Quartier Latin. 2006.
  • "Judicial Reorganization and Bankruptcy: Dispute Resolution Methods." In Collective Work of the IASP Insolvency Law Committee, Almedina Publishers.
  • "The Filing of Claims Against Farmers in Judicial Reorganization Proceedings in Light of Law No. 11,101/05 and Amendments Introduced by Law No. 14,112/20," in the collective work "Reform of the Insolvency and Bankruptcy Act (Law No. 14,112/20)," published by the São Paulo Lawyers' Institute – IASP. Almedina Publishers (2023)
  • "Assignment and Subrogation of Insolvency Claims during Judicial Reorganization: Reflections on Classification and Submission to Creditor Proceedings," in the collective work "Reform of the Insolvency and Bankruptcy Act (Law No. 14,112/20). Volume 02," published by the São Paulo Lawyers' Institute – IASP. Almedina Publishers (2025)
  • "Extension of the Subjective Scope of the Arbitration Clause to Bind a Third Party (Accomplice) in Breach of a Non-Compete Clause: Issues and Proposed Solutions." In: Vera Cecília Monteiro de Barros; Giovanni Ettore Nanni (Org.). Arbitration and Mediation in Private and Public Law. 1st ed. São Paulo: Quartier Latin, 2025, v. 2.
  • "The Compatibility between Iura Novit Curia and the Prohibition Against Surprise Decisions." AASP Journal, São Paulo, No. 169, Mar. 2026, p. 51–58.