ICC Brazilian Arbitration Day

ICC Brazilian Arbitration Day button
  • Location: Sao Paulo, Brazil
  • Date: 14/05/2014
  • Event Type:
  • Language: English and Portuguese with simultaneous translation
The Brazilian Launch of the 2014 ICC Mediation Rules will take place during the ICC Brazilian Arbitration day. This conference will be held in English and Portuguese with simultaneous interpretation.


Leading practitioners will gather in Sao Paulo on 14 May to discuss key issues in international dispute resolution, with a special focus on Brazilian practice and experiences under the ICC Arbitration Rules.
This conference will be held English and Portuguese with simultaneous interpretation.

Topics will include:

  • ICC Arbitration: The Current State of Affairs
  • Corporate Arbitration: current problems and possible solutions
  • The 2014 New ICC Mediation Rules
  • Emergency Arbitrator and Provisional Measures: Recent Experience
  • Issues pertaining to the use of experts in international arbitration

Who should attend

Practicing lawyers, corporate counsel, arbitrators, academics and professionals interested in and/or involved in international arbitration in Latin America.

Wednesday 14 May 2014

09.00 - 09.30 Opening remarks

09.30 - 10.00 ICC arbitration: the current state of affairs

10.00 - 11.00 Corporate arbitration in Brazil: current problems and possible solutions

  • Validity of an arbitration agreement inserted in a company’s bylaws. Validity of such agreement for shareholders who joined the company after the agreement was entered?
  • Third-party intervention by the corporation in a shareholders’ dispute: is there a difference in this intervention if the arbitration agreement is contained in a shareholders’ agreement or in the company’s bylaws? Should the company be obliged to intervene?
  • The right for minority shareholders to be ‘bought out’
  • Kompentenz- Kompetenz in Brazil: where do we stand after Samarco Mineraçao S/A v Jerson Valadares da Cruz?
  • Effectiveness of arbitration clauses in adhesion (consumer) contracts

11.00 - 11.30 Q & A

11.30 - 12.00 Coffee break

12.00 - 13.00 The 2014 New ICC Mediation Rules

  • Why mediate? Why mediate under institutional rules? The relevance of mediations and administered mediation to business today
  • Overview of the new ICC Mediation Rules, covering:
    • ADR becomes Mediation: The drafting of the new ICC Mediation Rules
    • Getting started: How to initiate proceedings under the ICC Mediation Rules (Articles 2 and 3)
    • The mediator: Finding the right person for your dispute (Article 5)
    • Conduct of the proceedings: Avoiding and overcoming hurdles, dealing with confidentiality (Articles 4, 7 and 9)
    • Money matters: Costs and payments (Article 6 and Appendix)
  • The new ICC model clauses for mediation and multi-tiered clauses

13.00 - 13.30 Q & A

13.30 - 15.00 Lunch

15.00 - 16.00 Emergency arbitrator and provisional measure: recent experience

  • Analysis of recent emergency arbitrator proceedings in cases seated in Brazil and elsewhere
  • Should the emergency arbitrator’s decision be based on the law of the place of the arbitration, the applicable law to the contract or “international standards”?
  • Links between the emergency arbitrator and state courts
  • Issues related to the costs in emergency arbitrator proceedings
  • Provisional measures under Brazilian arbitration law

16.00 - 16.30 Q & A

16.30 - 17.00 Coffee break

17.00 - 18.00 Issues pertaining to the use of experts in international arbitration

  • Weighting the importance of the legal expert’s reports
  • Witness conferencing and expert reports: are they a good mix? Is it an appropriate tool for the arbitral tribunal to assess conflicting party-appointed expert opinions?
  • A matter of discretion: how should the tribunal handle an expert’s lack of qualification, unsatisfactory methodology and deficient reports by a party-appointed expert?
  • Conflict of interests between the arbitral tribunal and party-appointed experts: how should they be handled?
  • Expert reports: the arbitrator’s checklist

18.00 - 18.30 Q & A

18.30 - 19.00 Closing remarks

19.00 Cocktail reception


Luiz Claudio Aboim, Partner, Freshfields Bruckhaus Deringer, England

Henri C. Alvarez Q.C, Partner, Fasken Martineau, Canada

Nancy Andrighi, Judge, Superior Court of Justice, Brazil

Julie Bédard, Partner, Skadden, Arps, Slate, Meagher & Flom, United States

Adriana Braghetta, Partner, L O Baptista Schmidt Valois Miranda Ferreira, Brazil

David J. A. Cairns, Partner, B. Cremades y Asociados, Spain

Nadia de Araujo, Partner, Nadia de Araujo Advogados, Brazil

Héléna De Backer, HDB, Lawyer and Mediator, Koan, Belgium

Yves Derains, President, ICC Institute of World Business Law; Founding partner, Derains & Gharavi, France

José Ricardo Feris, Deputy Secretary General, ICC International Court of Arbitration

Marcelo Roberto Ferro, Partner, Ferro, Castro Neves, Daltro & Gomide, Brazil

Octavio Fragata Martins de Barros, Partner, TozziniFreire Advogados, Brazil

Jason Fry, Partner, Clifford Chance, France

Eduardo Damião Gonçalves, Partner, Mattos Filho Veiga Fliho Marrey Jr e Quiroga Advogados, Brazil

Daniel E. González, Partner, Hogan Lovells, United States

Eduardo Grebler, Partner, Grebler Advogados, Brazil

Renato Stephan Grion, Partner, Pinheiro Neto, Brazil

Hermes Marcelo Huck, Partner, Lilla, Huck, Otranto, Camargo, Brazil

José-Miguel Júdice, Member for Portugal, ICC International Court of Arbitration; Partner, PLMJ Sociedade de Advogados, Portugal

Christian Leathley, Partner, Herbert Smith Freehills, England and Spain

João Bosco Lee, Member for Brazil, ICC International Court of Arbitration; Partner, Lee, Taube, Gabardo Sociedade de Advogados, Brazil

Selma Lemes, Member for Brazil, ICC International Court of Arbitration; Partner Selma Lemes Advogados Associados, Brazil

Pedro Soares Maciel, Partner, Veirano Advogados, Brazil

Fernando Mantilla-Serrano, Member for Colombia, ICC International Court of Arbitration; Partner, Shearman & Sterling LLP, France

Andrew McDougall, Partner, White & Case LLP, France

José Emilio Nunes Pinto, Vice-President, ICC International Court of Arbitration; Founding partner, José Emilio Nunes Pinto Advogados, Brazil

Ana Serra e Moura, Counsel, ICC International Court of Arbitration

Marcelo Inglez de Souza, Partner, Demarest Advogados, Brazil

Mathilde Vital Durand, Deputy Manager, ICC International Centre for ADR

Logistical Note

Date: 14 May 2014

Venue: Auditorium located Rua dos Coropés, 88, Pinheiros, São Paulo, Brazil.

Registration fees

The registration fee includes all conference documentation, cocktails, coffee breaks and lunch.

Travel and hotel expenses are not included.

ICC Members 175€

CBAr Members 189€
Non-Members 210€

Students 125€

VAT exemption – French Tax Code, Article 259A5°

How to register

Easier and faster: register online (secured payment by credit card) at www.iccevents.org

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, 33-43 Avenue du Président Wilson, 75116 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 accommodation

Participants are responsible for making their own travel arrangements and hotel reservations. ICC has negotiated preferential rates R$731 + 5% ISS + R$ 5 per night at the "George V Alto de Pinheiros" which is located next to the offices of Demarest Advogados. 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. The hotel link and group code will be sent upon receipt of the registration form and registration fees.

We are only able to dispatch visa invitation letters to support your visa application once we have received your registration form and full payment of your registration fees.

Working languages

English and Portuguese 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 reimbursement from the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.

Cancellation policy

50% of the registration fee will be refunded if notice of cancellation is received in writing before Thursday 17 April 2014. 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.


The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC Services receives written notification to the contrary.

This event offers you an unrivalled opportunity to build worldwide partnerships. Partnering will get you visibility within the international arbitration network. For further information, please read our

sponsorship opportunities or contact: Ms Luz Rodriguez.

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

Download Document(s)

Event registration fees

ICC members €175

CBAr members €189

Non-members €210

Students €125

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