International Arbitration in Latin America: The ICC Perspective

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  • Location: The Mandarin Oriental Hotel, Miami, Florida
  • Date: 03/11/2013 - 05/11/2013
  • Event Type: Conference
  • Language: English, Portuguese and Spanish with simultaneous interpretation

This conference provides an indispensable update on developments in the region. Not only does it offer a line-up of top-class speakers topical discussions and relevant news; but also an excellent opportunity to network. Please note that an advanced level training will take place on Sunday 3 November, the day before “ICC’s 11th annual Miami conference” 4-5 November.

Objective

ICC’s annual Miami conference is the key forum for understanding international commercial arbitration in Latin America. This conference provides an indispensable update on developments in the region and is the most important gathering for the Latin American arbitration community. Not only does it offer a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network. The conference attracts approximately 400 participants representing about 30 nationalities.

Advanced Level Training

The advanced level training on “drafting enforceable awards” will take place on Sunday 3 November. Focusing on what can be referred to as the most prominent duty of an arbitrator, participants will learn the best practices pertaining to drafting awards and the ways of maximizing their enforceability. Accordingly, the training will focus on the procedural as well as formal requirements, and cover the issue of the necessary substantive accuracy of the award.

Testimonials

“For anyone in Latin American arbitration this conference is a MUST. All the leading lights in Latin America arbitration attend.”

Luis O'Naghten, Akerman Senterfitt, United States
International Arbitration in Latin America: The ICC Perspective 2012

"Una excelente conferencia, que logra todos sus cometidos, aprenda, discutir, network, buena comida y diversion."

Pablo Mori Bullard Falla Ezcurra, Peru
International Arbitration in Latin America: The ICC Perspective 2012

Previous year's event photos

ADVANCED LEVEL TRAINING: DRAFTING ENFORCEABLE AWARDS SUNDAY 3 November 2013

MORNING (10.00-13.15)

Welcoming address and introduction

Drafting an arbitral award - Which drafting style? Participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles. How legal systems and traditions can influence drafting techniques, the different approaches in civil and common law; How to improve the quality of the award, by getting away from the "copy and paste" drafting style, to properly reflect the reasons behind the arbitral decision, identifying how much "reasoning" is necessary to render a fully convincing award and secure its enforceability.

Drafting an arbitral award - Spotlight on specific issues This session will focus on particular sections of the award which often present difficulties and challenges in particular: Jurisdiction and applicable law; Damages; and Auxiliary remedies: interest and costs

Lunch (13.15 - 14.15)


AFTERNOON (14.15-18.00)

Introduction to scrutiny of the award by the ICC International Court of Arbitration (ICC Court)Participants will gain a deeper insight into a distinctive feature of ICC arbitration, the ICC Court's scrutiny of all draft awards. ICC representatives will share their expertise on the ICC Court scrutiny process, the different levels of review, the assistance and tools provided by the Secretariat of the Court, such as the "ICC Award Checklist", to help arbitral tribunals, although respecting their liberty of decision, draft more legally effective awards.

Coffee break (15.15 - 15.30)

Working groups - Draft awards review before scrutiny by the ICC Court Participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed before scrutiny by the ICC Court. Each working group will be responsible for reviewing the draft award and will make its comments as if it were a Counsel of the Secretariat of the ICC Court.

Mock Court session - Scrutiny of awards by the ICC Court and debate This is an opportunity for participants to witness the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.

Concluding remarks

Cocktail reception (18.00 - 20.00)

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11th ANNUAL MIAMI CONFERENCE

MONDAY 4 November 2013


MORNING (09.00-12.45)

Introductory Remarks

Opening keynote speech: Reflections on the ICC Court's 90th Anniversary

A judicial perspective: opening roundtable on current judicial trends on selected topics

Issues to be discussed include:

  • Recent positions on non-signatories
  • Liability of arbitrators
  • Kompetenz-Kompetenz and gateway issues
  • Enforcement of awards set aside at the place of arbitration

Coffee break (10.15 - 11.15)

An academic perspective

  • "Contractualization" of national laws: challenges and consequences
  • Contradictory decisions in international arbitration
  • The effects of the annulment of partial awards on the Arbitral Tribunal

Lunch (12.45 - 14.30)


AFTERNOON (14.30 - 18.00)

A business perspective: roundtable on the current status of investing and doing business in Latin America

Issues to be discussed include:

  • Treaty Shopping: When is it right?: Nationality Planning in Investment Arbitration case law. Desirable nationalities to invest in Latin America: what to look for in BITs when structuring foreign investments
  • Stability clauses: scope and interpretation
  • Assessment of risks: What to expect when doing business with Latin American parties
  • Domestic v. International: Legal regimes differentiating between domestic and international arbitration. Choosing between domestic and international arbitration centers

Coffee break (16.00 - 16.30)

The "public" perspective

  • The public policy exception in arbitrations involving States
  • Transparency: where do we stand?
  • Negotiating arbitration agreements for Latin American States and State entities today: what have we learned? What's important?

Dinner (19.00)

TUESDAY 5 November 2013

MORNING (09.30-13.00)

An "alternative" perspective

  • When and in what circumstances is an international arbitration ripe for settlement?
  • Getting the parties to the table: Perceived and real hurdles to starting a negotiation when a state party is involved
  • What are the specificities of the IBA Rules for Investor-State mediations?

Coffee break (11.00-11.30)

An ethical perspective

  • Auxiliary staff: ethics and conflicts in the appointment of experts and administrative secretaries
  • Ethics management in arbitral institutions
  • Splitting the baby: realities, myths and ethics

Lunch (13.00-14.30)


AFTERNOON (14.30-16.45)

The procedural perspective: closing roundtable on tackling complex procedural issues

Issues to be discussed include:

  • Addressing unsolicited and last minute submissions
  • Suspension of proceedings pending parallel proceedings, challenges and other incidents
  • Unexpected emergencies prior to or during hearing: last minute absences (arbitrator, counsel, witnesses), new submissions and documents, improper behavior from counsel and arbitrators
  • Reacting to anti-arbitration injunctions and other decisions from State courts
  • Potential corruption allegations
  • Dealing with issues related to party representation

Closing remarks


Sunday's Advanced Level Training Speakers

  • Christian Albanesi, Managing Counsel, ICC International Court of Arbitration, Paris
  • John Beechey, President, ICC International Court of Arbitration, Paris
  • Andrea Carlevaris, Secretary General and Director of Dispute Resolution Services, ICC International Court of Arbitration, Paris
  • Cristián Conejero Roos, Partner, Philippi, Yrarrazaval, Pulido & Brunner, Chile
  • José Ricardo Feris. Deputy Secretary General, ICC International Court of Arbitration, Paris
  • Juan Fernández-Armesto, Partner, Armesto & Asociados, Spain
  • Selma Maria Ferreira Lemes, Partner, Selma Lemes Advogados, Brazil; Professor of Arbitration, São Paulo Law School of Fundação Getúlio Vargas; Member for Brazil, ICC International Court of Arbitration
  • Anne Marie Whitesell, Of Counsel, Dechert LLP, Washington DC, United States; Former Secretary General, ICC International Court of Arbitration

Conference Speakers

  • Christian Albanesi, Managing Counsel, ICC International Court of Arbitration, Paris
  • David Arias, Partner, Arias SLP, Spain
  • José Astigarraga, Shareholder, Astigarraga Davis, Miami, United States
  • Mark Beckett, Partner, Chadbourne & Parke LLP, New York, United States
  • John Beechey, President, ICC International Court of Arbitration, Paris
  • Claudia Benavides, Partner, Dispute Resolution, Baker & McKenzie S.A.S., Colombia
  • Andrea Bjorklund, L. Yves Fortier Chair in International Arbitration, McGill University Faculty of Law, Canada
  • Andrea Carlevaris, Secretary General and Director of Dispute Resolution Services, ICC International Court of Arbitration, Paris
  • Carlos Alberto Carmona, Professor, Universidade de São Paulo; Partner, Marques Rosado Toledo Cesar & Carmona Advogados, Brazil
  • José Cerro Redondo, Head of Legal Services, Abengoa SA, Spain
  • Leidylin Contreras, Lawyer, Office of the Legal Advisor to the President, Dominican Republic
  • Agenor Correa, Manager, Section for Legal Advice on Contracts, Resources Management and Projects Control Division, Canal Expansion Program, Panama Canal Authority, Panama
  • Yves Derains, Founding Partner, Derains & Gharavi, France; Chairman, ICC Institute of World Business Law, Former Secretary General, ICC International Court of Arbitration, Paris
  • José Ricardo Feris, Deputy Secretary General, ICC International Court of Arbitration, Paris
  • Diego P. Fernández Arroyo, Law Professor, Institut de Sciences Politiques; Independent Arbitrator, France
  • Mary Fernández Rodríguez, Partner, Headrick Rizik Alvarez & Fernández, Dominican Republic
  • Eduardo Damião Gonçalves, Partner, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga, Brazil
  • Katherine González Arrocha, Director of Arbitration and ADR, Latin America, ICC International Court of Arbitration
  • Jonathan Hamilton, Partner, White & Case LLP, Washington DC, United States
  • Judith Kaye, Of Counsel, Skadden, Arps, Slate, Meagher & Flom LLP, New York, United States; Retired Chief Judge of New York
  • Barton Legum, Partner, Dentons, France
  • Fernando Mantilla-Serrano, Partner, Shearman & Sterling LLP, France
  • Noiana Marigo, Counsel, Freshfields Bruckhaus Deringer LLP, New York, United States
  • Alexis Mourre, Founding Partner, Castaldi Mourre & Partners, France; Vice-President, ICC International Court of Arbitration and ICC Institute of World Business Law
  • Carmen Núñez-Lagos, Partner, Hogan Lovells, France
  • José Emilio Nunes Pinto, Partner, José Emilio Nunes Pinto Advogados, Brazil; Vice-President, ICC International Court of Arbitration
  • Alejandro Ogarrio, Partner, Ogarrio Daguerre S.C., Mexico
  • Eduardo Palmer, Partner, Eduardo Palmer P.A., Miami, United States; Board of Directors, Miami International Arbitration Society & ICCA Miami 2014
  • Jan Paulsson, Professor of Law, University of Miami & London School of Economics; Advocate; Council Member, ICC Institute of World Business Law
  • Klaus Sachs, Partner, CMS Hasche Sigle, Germany; Vice-President, ICC International Court of Arbitration
  • Laurence Shore, Partner, Herbert Smith Freehills LLP, New York, United States
  • Josefa Sicard-Mirabal, Director of Arbitration and ADR, North America, International Court of Arbitration®
  • Tom Sikora, Counsel, International Disputes Group, ExxonMobil Corporation, Houston, United States
  • Eduardo Silva Romero, Partner, Dechert LLP, France; Member, ICC Institute of World Business Law; Former Deputy Secretary General, ICC International Court of Arbitration
  • José Gregorio Torrealba, Partner, Hoet Pelaez Castillo & Duque, Venezuela
  • Albert Jan van den Berg, Partner, Hanotiau & van den Berg, Belgium; Professor at law, Erasmus University, Rotterdam; Visiting Professor, University of Miami School of Law and Tsinghua University, Beijing
  • Eduardo Zuleta, Partner, Gómez-Pinzón Zuleta Abogados, Colombia

Logistical notes

Dates

Sunday 3 - Tuesday 5 November 2013

Venue

The Mandarin Oriental

500 Brickell Key Drive, Miami, United States

Registration Fees

*Early Bird Special rates available until 1 August 2013

Registration fees are free of V.A.T.

Advanced Training: Drafting Enforceable Awards

Early Bird Special*

US$ 610

ICC/USCIB members

US$ 675

Non-members

US$ 810

ICC's 11th Annual Miami Conference

Early Bird Special*

US$ 1,099

ICC/USCIB members

US$ 1,299

Non-members

US$ 1,550

Package: the conference and training

Early Bird Special*

US$ 1,368

ICC/USCIB members

US$ 1,610

Non-members

US$ 1,935

Accompanying person for social events

US$ 295


How to register

Easier and faster: register online(secured payment by credit card) or return the registration form indicating method of payment to:

E-mail: events@iccwbo.org

Tel: +33 1 49 53 28 67

Fax: +33 1 49 53 30 30
Post: ICC Services, Training and Conferences, 38, Cours Albert 1er, 75008 Paris, France

Registration will be confirmed upon receipt of the registration form and registration fees.

To benefit from early bird rates, please note that ICC Services must receive the payment before the deadline.

Travel and accomodation

Participants are responsible for making their own travel arrangements and hotel reservations. A hotel reservation form/unique group code for online reservations at “The Mandarin Oriental”, with which ICC has negotiated preferential rates at US$299 or US$319 (+13% tax), will be sent upon receipt of the registration form and registration fees. Please note that the number of rooms reserved with the ICC rate is limited. As they will be distributed on a “first-come, first-served” basis, we recommend that you make your reservation ASAP. All room reservations must be guaranteed by a credit card. The pre-reservation cut-off date is Friday 11 October 2013. Hotel reservations received after 11 October will be accepted on a space and/or rate available basis only. We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration form and full payment of your registration fees.

Working languages

English, Portuguese, and Spanish with simultaneous interpretation.

Credits and hours

ICC Training and Conferences is eligible for CLE credit under New York's approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is a Solicitors Regulation Authority and General Council of the Bar of England and Wales External CPD Course Provider. French Bars: This training has been sent for CNB approval. Lawyers practising in France may apply for the reimbursement of this course before the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.

Cancelation policy

50% of the registration fee will be refunded if notice of cancellation is received in writing before Saturday 5 October 2013. Cancellations after this date are not refundable. Subject to agreement from ICC Training and Conferences prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required. Please note that ICC Services reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC Services will not, however, be held responsible for any related expense incurred by the participant.

Partnership opportunities

Sponsoring the 11th edition of this annual conference will maximize your visibility to practicing lawyers, corporate counsel, business professionals, and academics coming from or doing business in the Latin American region. Contact Ms. Luz Rodriguez, Global Partnerships Manager (

lrz@iccwbo.org) to discuss your plan for this conference.

Dress code

Business for the conference and business casual for both the cocktail reception and Monday dinner.

Disclaimer

The pictures and footage taken by ICC staff or photographer at this training may be used, without further notification, at a later date within printing and online materials such as brochures, marketing tools, social media and the ICC website.

Registration implies that you accept this disclaimer unless ICC Services receives written notification from you stating the contrary.

Sponsorship Opportunities

Sponsoring the 11th edition of this annual conference will maximize your visibility to practicing lawyers, corporate counsel, business professionals, and academics coming from or doing business in the Latin American region. View the sponsorship opportunities available and contact Ms. Luz Rodriguez, Global Partnerships Manager (lrz@iccwbo.org) to discuss your plan for this Conference.

Programme and logistics: Charlotte Strandberg, Project Manager, Email Charlotte Strandberg, Tel: +33 1 49 53 29 34

Registration issues: Sylvette Abenzoar, Sales Administrator, Email Sylvette Abenzoar, Tel: + 33 1 49 53 28 67

Sponsorship: Luz Rodriguez, Global Partnerships Manager, Email Luz Rodriguez, Tel: + 33 1 49 53 28 42

Event registration fees

Conference only - Member rate$1299

Training only - Member rate$675

Package Conference and Training - Member rate$1610

Hours and credits

  • CLE21.75 credits

  • MCLE18 credits

  • CPD (awaiting approval)18 hours

  • CNB (awaiting approval)18 hours