Partner
Gustavo Kulesza
Gustavo Kulesza is a partner in BMA's Dispute Resolution practice area and represents Brazilian and international clients in complex arbitrations and court litigation, with a prominent practice in infrastructure, energy, and corporate and post-M&A disputes.
Languages
- Portuguese
- English
OAB
- OAB/SP nº 299.895
Practice areas
Professional experience
Gustavo acts in domestic and international commercial arbitrations before the leading arbitral institutions in Brazil and abroad, including the ICC, LCIA, CAM-CCBC, CAM-B3, CIESP/FIESP, CBMA and AMCHAM, representing Brazilian and international clients in high-stakes, high-complexity disputes.
His experience covers disputes in the infrastructure, construction, energy (with particular emphasis on wind power), oil and gas, mining, insurance, financial institutions, international franchises, and retail sectors. He represents clients in complex commercial and contractual disputes as well as in corporate and post-M&A disputes, involving shareholders' agreements, purchase price adjustments, contractual indemnification claims, and liability claims against officers, and controlling shareholders.
Gustavo also represents clients in strategic court litigation, with an emphasis on contractual, corporate, and infrastructure-related matters.
He worked as a foreign associate in the international arbitration group of Skadden, Arps, Slate, Meagher & Flom in New York. He joined BMA in June 2011.
Practice Areas
Education
Ph.D. in Civil Law – Universidade de São Paulo – USP (2023).
LL.M. in International Law – Universidade de São Paulo – USP (2014).
LL.B. – Universidade de São Paulo – USP (2009).
Associations
Gustavo is Co-Chair of Young ICCA and a board member of YSIAC (Americas Committee). He is also a member of the Corporate and M&A Disputes Committee of the Brazilian Institute of Corporate Law (IBRADEMP) and of the M&A and Corporate Restructuring Committee of the Brazilian Chamber of Business Arbitration (CAMARB).
Recognitions
Gustavo is recognized as a leading lawyer of his generation by publications such as Chambers Brazil, Chambers Global, Legal 500, Lexology Index and Análise Advocacia.
PUBLICAÇÕES DO PROFISSIONAL
Publicações
KULESZA, Gustavo Santos. Princípio da mitigação de danos: evolução no direito contratual. Curitiba: Juruá, 2015.
KULESZA, Gustavo Santos; MOREIRA, Rodrigo. Direito contratual e Convenção de Viena (CISG). São Paulo: Almedina, 2021.