International Arbitration in Latin America: The ICC Perspective

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  • Location: Miami
  • Date: 02/11/2014 - 04/11/2014
  • Event Type: Conference
  • Language: English, Portuguese and Spanish
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. An advanced level training will take place on Sunday 2 November, the day before “ICC’s 12th annual Miami conference”. Please note the advanced level training is sold out.


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.

The advanced level training "Conduct of the proceedings and case management - the arbitrator's perspective" will take place on Sunday 2 November 2014. Advanced level Training SOLD OUT


SUNDAY 2 November 2014

MORNING (09.30 - 13.15)

Welcoming Address and Introduction

Active Case Management Techniques

From the very outset of the arbitration, the tribunal has to actively assist the parties in organizing and streamlining the conduct of the proceedings. During this session, participants will learn and discuss both from a theoretical and a practical standpoint effective case management techniques. These will include issues related to drafting the terms of reference, preparing and conducting case management conferences, and adopting procedural timetables.

Effective Management of Arbitration: an ICC perspective

During this session participants will be provided with ICC insights and best practices on various active management techniques.

Case scenarios on active case management techniques and debate

Coffee Break (11.15-11.45)

Arbitrators’ Authority: Scope and Limits

The notion of ‘authority of the arbitral tribunal’ is a complex and multifaceted one which plays a key-role in the creation of a suitable framework for the arbitration. It involves both the relationship between the arbitrators as well the tribunal’s relationship with counsel and raises challenging questions. Among others: how far a dissenting opinion can go and still be effective and appropriate; what is the scope of the tribunal’s authority to sanction counsel’s wrongful conduct; what types of sanctions are available?

Case scenarios on arbitrators’ authority: scope and limits and debate

Lunch (13.15-14.15)


AFTERNOON (14.15 - 17.00)

Allowing Additional Claims and Parties

One of the aspects of the growing complexity of international commercial arbitration cases is the increasing number of arbitrations involving multiplicity of parties, including non-signatory parties, claims and cross-claims, and multi contract disputes. This session will address the main pitfalls as well as the challenging jurisdictional matters that arbitrators face when confronted with complex arbitrations.

Case scenarios on allowing additional claims and parties and debate

Coffee break (15.25-15.40)

Managing the exchange of information

Obtaining and presenting information is of paramount importance when preparing an international commercial arbitration case. The mission of the arbitral tribunal lies in managing such exchange of information, taking into consideration the different cultural legal approaches of the parties and their counsel. Participants will learn more on how arbitrators should deal with issues such as: the management of electronically stored information; the preservation of the confidentiality of information and related issues of applicable law; protection of trade, technological and commercial secrets; privacy of the arbitral proceedings; and ethical conduct of the arbitrators.

Case scenarios on managing the exchange of information and debate

Closing remarks

Cocktail reception (18.00-20.00)


MONDAY 3 November 2014

MORNING (09.00-13.00)

Introductory remarks

Opening keynote speech

Opening roundtable on the theory of arbitration in light of most recent case law

Topics to be discussed include:
  • The existence of an independent arbitral order: closer or further away?
  • Differences between admissibility, separability and jurisdiction
  • “Le contrat d’arbitre”: has it been amended over time?
  • The role of good faith and its “variants” in international arbitration

Coffee break (11.00-11.30)

Art and technique of decision making

  • Defining, applying and reversing the standard and burden of proof: how and when?
  • Contract and treaty interpretation: differences and similarities
  • Damages: striking the balance between contract, law and… equity?
  • Awards: what do 'users' want to see in them?

Lunch (13.00-14.30)

AFTERNOON (14.30-18.00)

Concurrent technical sessions (participants may choose to attend the construction or the M&A session)


  • Mastering the multi-tier regime (expert/dispute board/arbitral tribunal)
  • Providing for or avoiding multi-contract arbitration in the context of a construction project
  • The role of applicable law


  • Relevance and importance of pre-signing documents
  • Providing for effective two-tier expert determination/arbitration agreements
  • Urgent and interim relief

Coffee break (16.00-16.30)

Concurrent technical sessions


  • Remeasurement vs. Lump Sum
  • Dealing with notice and time bar provisions in the context of claims, counterclaims and set-off claims
  • Liquidated damages and penalty clauses


  • The issue of pre-contractual liability
  • Interaction between representations and warranties and applicable law
  • Dealing with price adjustment disputes

Dinner (19.00)

TUESDAY 4 November 2014

MORNING (09.30-13.00)

Related and interested players: between theory and practice

  • Juggling with bankruptcy: the arbitrator, the liquidator and the judge
  • The role of financial institutions in large projects (the case of MIGA)
  • The third-party funders: revolution or business as usual?
  • The State and public entities: their interaction in commercial arbitration cases

Coffee break (11.00-11.30)

Technique and ethics of advocacy

  • “Guerrilla tactics” or duty to defend the clients’ interests: where do we do draw the line?
  • Scope and meaning of candor and personal integrity in international arbitration
  • Choosing and instructing party-appointed experts: everything goes?

Lunch (13.00-14.30)

AFTERNOON (14.30-16.45)

Closing roundtable on complex issues of practice

Topics to be discussed include:

  • Deciding on authenticity of documents
  • Dealing with security for costs’ applications
  • “New claims”: what are they really? When should they really be admitted?
  • Exporting “summary judgment” motions to international arbitration
  • Complexities arising out of non-participating parties

Closing remarks

Sunday's Advanced Level Training Speakers

  • Yves Derains, Founding Partner, Derains & Gharavi, France; Lawyer at the Paris Bar; Chairman, ICC Institute of World Business Law; Former Secretary General, ICC International Court of Arbitration
  • Rocío Digón, Counsel, Sicana Inc./ICC International Court of Arbitration®, New York
  • Horacio A. Grigera Naón, International Arbitrator, Bethesda, United States; Council Member, ICC Institute of World Business Law; Former Secretary General, ICC International Court of Arbitration
  • Pierre Mayer, Partner, Dechert LLP, France; Professor Emeritus, University of Paris I; Council Member, ICC Institute of World Business Law
  • Eduardo Palmer, Partner, Eduardo Palmer P.A., Miami, United States
  • Ana Serra e Moura, Counsel, ICC International Court of Arbitration, Paris

Conference Speakers

  • José María Alonso, Managing Partner, Litigation & Arbitration, Baker & McKenzie SLP, Spain
  • John Beechey, President, ICC International Court of Arbitration, Paris
  • Doak Bishop, Partner, King & Spalding, Houston, United States
  • Fernando Cantuarias, Dean, Law School, Universidad del Pacífico, Peru
  • Andrea Carlevaris, Secretary General & Director of Dispute Resolution, ICC International Court of Arbitration, Paris
  • Pedro Claros, Partner, Cuatrecasas, Gonçalves Pereira, Spain
  • Nelson Eizirik, Partner, Carvalhosa e Eizirik, Brazil
  • José Ricardo Feris, Deputy Secretary General, ICC International Court of Arbitration, Paris
  • Gonzalo Fernández, Partner, Head of the Litigation and Arbitration Group, Carey, Chile
  • Marcelo Ferro, Partner, Ferro, Castro, Neves, Daltro & Gomide Advogados, Brazil
  • Frederick Fucci, Partner, Troutman Sanders LLP, New York, United States
  • Diego García Carrión, Attorney General, Ecuador
  • Daniel E. González, Partner, Hogan Lovells LLP, Miami, United States
  • Katherine González Arrocha, Director of Arbitration and ADR, Latin America, ICC International Court of Arbitration, Panama City
  • Horacio A. Grigera Naón, International Arbitrator, Bethesda, United States; Council Member, ICC Institute of World Business Law; Former Secretary General, ICC International Court of Arbitration
  • Renato Stephan Grion, Partner, Pinheiro Neto Advogados, Brazil
  • Ivan Illescas, Senior Counsel, Multilateral Investment Guarantee Agency - World Bank Group, Washington DC
  • Louis Benno Kimmelman, Partner, Sidley Austin LLP, New York, United States
  • Christian Leathley, Partner, Herbert, Smith, Freehills LLP, United Kingdom
  • Miguel López Forastier, Partner, Covington & Burling LLP, Washington DC, United States
  • Pierre Mayer, Partner, Dechert LLP, France; Professor Emeritus, University of Paris I; Council Member, ICC Institute of World Business Law
  • Cecilia Misu, Head of Project Task Force, Siemens AG, Germany; Member, ICC Institute of World Business Law
  • Aisha Nadar, Senior Consultant, Procurement Management and Dispute Resolution, Advokatfirman Runeland, Sweden
  • Luis O’Naghten, Partner, Baker & McKenzie, Miami, United States
  • Jan Paulsson, Professor of Law, University of Miami, United States
  • Daniel Posse Velásquez, Head Partner, Dispute Resolution Practice, Posse Herrera Ruiz S.A., Colombia
  • Vikki Rogers, Director, Institute of International Commercial Law, Pace Law School, New York, United States
  • Claudia T. Salomon, Co-Chair, International Arbitration Practice, Latham & Watkins LLP, New York, United States
  • Liliana del Carmen Sánchez Ortega, Director, Panama Conciliation and Arbitration Centre, Panama Chamber of Commerce, Panama
  • Christopher R. Seppälä, Partner, White & Case LLP, France; Vice-President Emeritus, ICC International Court of Arbitration; Member, ICC Institute of World Business Law; Legal Advisor, FIDIC Contracts Committee, FIDIC
  • Ana Serra E Moura, Counsel, ICC International Court of Arbitration, Paris
  • Josefa Sicard-Mirabal, Executive Director, Sicana Inc. / International Court of Arbitration®, New York
  • Ignacio Suarez Anzorena, Partner, Clifford Chance, New York & Washington DC, United States
  • Edna Sussman, Principal, SussmanADR LLC, United States
  • Guido Santiago Tawil, Partner, M. & M. Bomchil, Argentina
  • Claus von Wobeser, Managing Partner, Von Wobeser y Sierra S.C., Mexico; Vice-President, ICC International Court of Arbitration
  • Artur Watt, Deputy Attorney General, Agência Nacional do Petróleo, Gás Natural e Biocombustíveis - ANP, Brazil
  • Herfried Wöss, Partner, Wõss & Partners, S.C., Mexico


Logistical notes


Sunday 2 - Tuesday 4 November 2014


The Mandarin Oriental
500 Brickell Key Drive, Miami, United States

Registration fees

*Early Bird Special rates available until 1 August 2014
Registration fees are free of V.A.T.
Advanced Training
Early Bird Special*
US$ 622
ICC/USCIB members
US$ 746

US$ 895

ICC's 12th Annual Miami Conference
Early Bird Special*
US$ 1,119
ICC/USCIB members
US$ 1,345
US$ 1,615

Package: the conference and training
Early Bird Special*
US$ 1,395
ICC/USCIB members
US$ 1,675

US$ 2,009

How to register

Easier and faster: register online(secured payment by credit card) or return the registration form indicating method of payment to:
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. A hotel reservation form/unique group code for online reservations at “The Mandarin Oriental”, with which ICC has negotiated preferential rates at US$306 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 10 October 2014. Hotel reservations received after 10 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.

Cancellation policy

50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday 3 October 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 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 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.

Sponsorship Opportunities

This conference offers you an unrivalled opportunity to maximize your visibility to practicing lawyers, corporate counsel, business professionals, and academics coming from or doing business in the Latin American region. For further information please contact: Ms Luz Rodriguez.

Contact Us

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

Conference only - Member rate $1345

Conference only - Non Member rate $1615

Training $746


Hours and credits

  • CLE creditsup to 21.25

  • MCLE creditsup to 17.75

  • CPD hoursup to 17.5

  • CNB hours (awaiting approval)up to 17.5

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