Cross-border business requires solid contracts and risks assessed before you negotiate.

An international trade lawyer advises companies on operations involving more than one country: drafting and reviewing international contracts, structuring import and export, supporting company formation and investment in Brazil and abroad, conducting due diligence and compliance, and handling international arbitration and commercial disputes. The goal is to assess risks before negotiating, not after a problem arises.

Because in an international contract the parties are subject to different laws, currencies, languages and courts. An import, export or international distribution agreement should define the governing law, the forum or arbitration clause, Incoterms, payment terms, guarantees, liability for delays and defects, and termination events. Without these definitions, resolving a conflict with a foreign partner can become costly, slow and uncertain.

As a rule, the parties may choose the governing law and the forum or arbitration to resolve disputes, within the limits of each country's legislation. When there is no express choice, the answer depends on private international law rules and, for the sale of goods, the Vienna Convention (CISG), to which Brazil is a party, may apply. That is why this choice should be made strategically during negotiation.

Yes. Foreign individuals and companies may be partners in Brazilian companies, subject to requirements such as registration with the CPF or CNPJ, appointment of an attorney-in-fact or manager resident in Brazil and, in many cases, registration of the foreign investment with the Central Bank of Brazil. Some sectors have specific restrictions. Dr. Adriano advises on the appropriate corporate structure and required registrations, including when the investment is linked to a residence application.

Each country has its own rules on incorporation, taxation, accounting and representation. Before opening a company abroad, it is important to assess the business purpose, the most suitable jurisdiction, the corporate structure, reporting obligations for assets and capital abroad before Brazilian authorities, and coordination with local professionals. This analysis avoids unnecessary costs and tax and regulatory risks.

Due diligence is the prior investigation of a partner, supplier, distributor or target company to identify legal, financial, regulatory and reputational risks. In international business it is recommended before significant contracts, joint ventures, acquisitions and investments, because checking the other party's situation in another country is much harder once the deal is closed.

Companies trading with other countries may be subject to anti-corruption, anti-money laundering, trade sanctions and data protection rules from more than one jurisdiction, such as Brazil's Clean Company Act and foreign legislation. An international compliance program helps prevent liability, protect the company's reputation and meet the requirements of foreign partners and investors.

The path depends on the contract, the governing law and the countries involved. In many cases it is possible to start with negotiation or mediation; if there is an arbitration clause, the conflict goes to an international arbitral tribunal; without one, litigation in Brazil or abroad may be necessary. Dr. Adriano reviews the contract and evidence, defines the strategy and, when needed, coordinates with partner lawyers in other countries.

To have effect in Brazil, a foreign court judgment and, as a rule, a foreign arbitral award must be recognized by Brazil's Superior Court of Justice (STJ). Brazil is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which facilitates this procedure. After recognition, the decision can be enforced against assets and companies in Brazil.

Yes. You speak directly with Dr. Adriano Sobreira, in person or by video call and WhatsApp — for Brazilian companies doing business abroad and for foreign entrepreneurs and investors with interests in Brazil. He brings over 26 years of practice in International Law, with experience in more than 20 countries and jurisdictions.