Guilherme Recena Costa is a member of the International Dispute Resolution Group, where his practice focuses on international commercial and investment arbitration.
Mr. Recena Costa has a particular focus on disputes arising in the mining, energy and financial sectors, as well as broad experience of matters involving Latin America in general and, in particular, Brazil. He has represented clients in matters under the ICC, ICSID, LCIA, NIA and UNCITRAL Rules, under various substantive laws, and has also advised on ancillary court proceedings in a number of jurisdictions. The Legal 500 Latin America (2021) notes in particular his experience in Brazil-related matters.
Mr. Recena Costa has recently represented clients in disputes concerning the expropriation of mining rights, breaches of mining investment agreements and various M&A, commercial and tax-related agreements. Select representations include Tethyan Copper Company Pty Limited in its $6 billion ICSID arbitration win against the Islamic Republic of Pakistan; a leading telecommunications company in an LCIA arbitration that led to an award of over €139 million with respect to tax indemnities; and subsidiaries of Acacia Mining plc in a multibillion dollar mining arbitration against the Government of the United Republic of Tanzania. In the course of these and other representations, Mr. Recena Costa has worked closely with mining industry experts to deal with complex technical issues, with valuation experts to assess damages and with tax experts to address tax claims and structures.
Mr. Recena Costa’s recent speaking engagements include moderating an ICC YAF panel on the ICC Expedited Procedures (New York, 2018) and presenting at the II Congress on Arbitration hosted by the American Chamber of Commerce in Brazil (SãoPaulo, 2018). He has been a member of the Institute of Transnational Arbitration’s Advisory Board since 2017, and his recent publications include Valuation Date in Investment Arbitration: A Fundamental Examination of Chorzów’s Principles, 3 J. DAMAGES IN INV. ARB. 33 (2016). Mr. Recena Costa has also delivered various presentations and training sessions on the law of damages in international arbitration as a guest lecturer.
Mr. Recena Costa received an LL.M. from Yale Law School where he was a research assistant to Prof. W. Michael Reisman and the coach of Yale’s Vis Moot team in 2014. In connection with those studies, he was a recipient of fellowships from Fundação Estudar, Instituto Ling and the Brazilian-American Chamber of Commerce’s Person of the Year Award. He holds an LL.B. from the Federal University of Rio Grande do Sul, Brazil, with honors (2008) as well as a master’s (2011) and Ph.D. in law (2015) from the University of Sao Paulo, Brazil.
Prior to joining Debevoise in 2014, Mr. Recena Costa practiced from 2009 to 2013 with a litigation boutique in Sao Paulo, Brazil.
Mr. Recena Costa is admitted to practice in New York and Brazil. He is fluent in both English and Portuguese and has reading proficiency in Italian and Spanish.