10-12Nov

17th ICC Miami Conference on International Arbitration

Miami, United States, • English, Portuguese and Spanish
ICC Miami conference on International Arbitration

Taking place on 10-12 November, this conference provides an indispensable update on developments in the region and is the most important gathering for the Latin American arbitration community.

Description

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 more than 600 participants representing about 40 countries.

The ICC Institute Advanced Level Training: Catch me if (and while) you can: how to navigate Interim Measures in International Arbitration, will take place on 10 November 2019.


Who should attend?

  • Practicing lawyers
  • Arbitrators, mediators
  • Corporate counsel
  • Academic
  • Professionals interested in and/or involved in international arbitration in Latin America and the Caribbean

10 November Training Programme

Sunday 10 November 
08.30 – 09.00Welcome coffee 
09.00 – 09.15Welcoming address, presentation of the ICC Institute, introduction and presentation of the mock cases
09.15 – 10.00Strategic considerations and procedures: When, how and to whom to request interim measures?
– Concept: must be temporary
– Powers of the ICC arbitral tribunals
– Role of the lex arbitri
– When can/should request for interim measures be made?
– To whom can/should interim measures be requested: emergency arbitrator, arbitral tribunal, national courts (concurrent jurisdiction)
– ICC procedure and statistics: Art. 28 ICC Rules
– Specific measures: security for costs, escrow accounts, stop payment orders relating to first demand back guarantees, and counter-guarantees
10.00 – 10.45Mock Case 
10.45 – 11.00Coffee break 
11.00 – 11.45Practical considerations: The counsel’s perspective
– Burden of proof
– Types of measures that can be requested: a very broad range, but with limitations
– Ex-parte requests
– Discovery requests before national courts in aid of international arbitration (e.g., 28 USC 1782 requests)
– Most common defenses against requests for interim measures
11.45 – 12.30Mock Case 
12.30 – 14.00Lunch 
14.00 – 14.45Practical considerations: The arbitrator’s perspective
– Asymmetric information with the parties (especially at the outset of the case)
– Urgency and due process (can an arbitrator award ex parte measures?)
– Risks: prejudgment, awarding or denying measures may have a permanent effect or (e.g., where one of the parties risks liquidation, where assets may disappear, etc.)
– Can/should arbitrators take a more active role (e.g., escrow accounts managed by tribunals; order counter-security)
14.45 – 15.30Q&A 
15.30 – 15.45Coffee break 
15.45 – 16.30Compliance, enforcement and other issues arising after interim measures are ordered/awarded
– “Order” v. “Award” of interim measures
– Enforcement considerations: what can the parties do?
– What can arbitrators do faced with a party’s refusal to comply with interim measures?
– Relevance of civil v. common law jurisdictions
16.30 – 17.15Q&A 
17.15 – 17.30Concluding remarks
18.00 – 20.00Cocktail reception

10 November Training speakers

Co-chairs 
José Manuel García RepresaPartner, Dechert LLP; Member, ICC Institute of World Business Law
Mélida HodgsonPartner, Jenner & Block; Council Member, ICC Institute of World Business Law
Speakers 
Claudia BenavidesPartner, Baker & McKenzie S.A.S, Colombia
Yves DerainsFounding Partner, Derains & Gharavi; Chairman, ICC Institute of World Business Law
Patricio Grané LabatPartner, Arnold & Porter, United Kingdom
Elena Gutiérrez García de CortázarIndependent Aribtrator and Professor at law, France
Clifford J. HendelPartner, Hendel IDR, Spain
Fernando Eduardo SerecCEO and Head of the Litigation and Arbitration practice groups, Tozzini Freire Advogados, Brazil

11-12 November Conference Programme

Sunday 10 November 2019
18.00 – 20.00Cocktail Reception on the pool deck of the Mandarin Oriental Hotel
Monday 11 November 2019
07.30 – 08.45Parallel sessions (in English only)
07.30 – 08.45Doughnuts and Data Roundtable (Hong Kong Rooms)
The ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings has produced a Roadmap to assist the arbitration community in applying the data protection rules, including the GDPR, to arbitration proceedings.  Together with other arbitration institutions, the ICC has been heavily involved in, and supportive of, the Task Force’s work, and we would like to invite you to an informal discussion over coffee to consider how data protection could impact arbitration proceedings and how best to practically manage these issues during the process.
Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
Kathleen Paisley, Partner, AMBOS Law, Belgium/United Kingdom; Co-Chair, ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings
ICC Young Arbitrators Forum (YAF) 
08.00 – 09.00Welcome coffee 
09.00 – 09.40Welcome address
Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
Katherine González Arrocha, Director for the Americas, Arbitration & ADR, ICC International Court of Arbitration, Panama City
09.40 – 10.00Opening keynote speech
Alexis Mourre, President, ICC International Court of Arbitration, Paris
10.00 – 11.30Roundtable: A deep look in seven Latin American jurisdictions: 90 minutes discussing the current state of affairs
– Mexico: What is the landscape under the “New NAFTA”?
– Uruguay and Argentina: the aftermath of new Arbitration Acts
– Brazil: Calm sea and prosperous voyage or stormy weather ahead?
– Venezuela: political and economic turmoil, is there an end in sight? Impact on energy arbitration
– Colombia: Is it the time for the arbitration law to adopt a monist approach?
– Peru: has it been the victim of its own success?
Claudia Frutos-Peterson, Managing Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington DC, United States
Fabiano Robalinho Cavalcanti, Partner, Escritório de Advocacia Sergio Bermudes  Advogados Associados, Brazil; Director, Brazilian Committee of Arbitration – CBAr
Diana Droulers, Partner, Droulers & Asociados, Venezuela; Member, ICC International Court of Arbitration
Sandra Gonzalez, Partner and co-leader, Litigation and Arbitration team, Ferrere, Uruguay
Maria del Carmen Tovar, Partner, Estudio Echecopar, Baker McKenzie, Peru
Chaired by:
Juan Pablo Argentato, Counsel, ICC International Court of Arbitration, Paris
11.30 – 12.00Coffee break 
12.00 – 13.00“How to handle corruption allegations: experience drawn from cases involving Latin American parties”
– Arbitrability and admissibility in cases of corruption
– Interaction between the arbitrators and domestic courts. Do arbitrators have a duty to report?
– The sua sponte obligation of the arbitral tribunal to investigate and prove acts of corruption
– Standard of proof applicable. The desire for a consistent approach
– Legal consequences of finding that the contract was tainted by corruption in arbitration
– Criminal behavior during the conduct of the arbitration: remedies available and the role of the arbitral institutions
Christian Albanesi, Partner & Head of Latin American Arbitration, Linklaters, Washington DC, United States
Eduardo Damião Gonçalves, Partner, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, Brazil; Vice President, ICC International Court of Arbitration
Elena Gutierrez Garcia de Cortazar, Independent Arbitrator & Professor at Law, Paris
José Rosell, International Arbitrator, Denmark
Chaired by:
Ana Serra e Moura, Deputy Secretary General, ICC International Court of Arbitration, Paris
13.00 – 13.30Discussion 
13.30 – 15.00Lunch 
15.00 – 16.15Parallel sessions (participants choose to attend one of the following sessions)
Arbitration in the life sciences and pharmaceutical sector: has the time come for this sector in Latin America?
– Type of disputes
– Drafting of arbitration agreements in Life Sciences contracts
Complexity of life sciences disputes:
privacy and data protection issues, intellectual property issues, participation of governmental institutions, security for costs and emergency measures.
Philippe Cavalieros, Partner, Simmons & Simmons, France
Conna A. Weiner, Arbitrator; former in-house counsel, Novartis; Vice-Chair for the Northeast Arbitration Subcommittee for USCIB/ICC USA
Marek Krasula, Counsel, ICC International Court of Arbitration, New York
Gas Pricing Disputes: How to make it predictable?
– Gas price formulae
– Price reviews
– Price negotiation and arbitration
Mónica Jimenez, Alternate Member, ICC International Court of Arbitration, Colombia
Carmen Martinez, Partner, Three Crowns LLP, United Kingdom
Michael Polkinghorne, Partner, White & Case LLP, France; Council Member, ICC Institute of World Business Law
16.15 – 16.45Coffee break 
16.45 – 18.00Parallel sessions (participants choose to attend one of the following sessions)
Complexity revisited
More than 30% of the ICC caseload involves multi parties and often times multi-contract. This mock case will feature the most common issues arising out in such cases: jurisdictional pleas concerning the existence, validity or scope of the arbitration agreement or concerning whether all of the claims made in the arbitration may be determined together in a single arbitration. Also issues regarding consolidation and joinder will be addressed in the context of this mock case.
Alexander G. Fessas
Jennifer Kirby, Arbitrator, France
“Complex evidentiary issues”
Often time parties and arbitral tribunals face complex evidentiary issues in the context of trans border arbitrations. This session will present a mock case covering issues related to:
– Evidence obtained illegaly;
– Evidence obtained in paralel administrative and criminal proceedings;
– Negative inferences
to showcase how such issues might arise in a case and how an arbitral tribunal may decide on them.
Deva Villanúa Gómez, Lawyer, Armesto & Asociados, Spain
Cristián Conejero, Partner, Philippi Prietocarrizosa Ferrero DU & Uría, Chile
20.00Cocktail dinner party 
Tuesday 12 November 2019
08.00 – 09.15Roundtable on witness evidence (Probative value of witness statements)
(in English only)
The ICC Commission on Arbitration and ADR created a Task Force on ‘Maximizing the Probative Value of Witness Evidence’ which was mandated to look at the practices that are commonly adopted for the preparation and presentation of fact witness evidence in international arbitration in light of the science of human memory. This latest Commission Report considers whether there are modifications that could be made to current practices, or alternative approaches that could be adopted, in order to enhance the probative value of fact witness evidence in international arbitration, particularly as it is affected by memory and sets forth some measures that can be taken to protect witnesses’ memories
08.30 – 09.30Welcome coffee 
09.30 – 10.30Interest and inflation adjustment in international arbitration
– Applicable law to pre-award interest and post-award interest
– Can the right to be awarded interest be considered a trade usage or part of lex mercatoria?
– Do arbitrators have the power to grant interest ex officio? If yes, may or shall them grant it ex officio?
– What to do? Interest rates, calculation methods, simple or compound interest?
– Interest on arbitration costs
David Arias, Partner, Herbert Smith Freehills, Spain
Valeria Galíndez, Partner, Valença Galíndez Arbitragem, Brazil
Chaired by:
Juliana Castillo, Legal Director EMEA, Crown Europe, France
10.30 – 11.00Discussion
11.00 – 11.30 Coffee break 
11.30 – 13.00The revision of final awards: when, if ever, is it acceptable?
– Comparative legislative approach in Latin America and elsewhere
– Analyzing the principal grounds recognized for the revision of international awards: procedural fraud and discovery of new facts or evidence
– Dealing with requests for clarification seeking the revision of the award
– Challenging awards on a point of law: is it expectable to see the Singaporean proposal in civil law jurisdictions?
Ina C. Popova, Partner, Debevoise & Plimpton LLP, New York United States
Eliseo Castineira, Partner, Castineira, France
Chaired by:
Josefa Sicard-Mirabal, Independent Arbitrator; Adjunct Professor of Law, Fordham University School of Law, New York, United States
13.00 – 13.30Discussion
13.30 – 15.00 Lunch 
15.00 – 15.30Closing speech: Is international arbitration in Latin America facing a credibility crisis? Does the past predict the future?
Eduardo Silva Romero, Partner, Dechert LLP, France
15.30 – 16.00Discussion
16.00 – 16.15Closing remarks
Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
Katherine González Arrocha, Director for the Americas, Arbitration & ADR, ICC International Court of Arbitration, Panama City

11-12 November Conference confirmed speakers

Christian AlbanesiPartner & Head of Latin American Arbitration, Linklaters, Washington DC, United States of America
Juan Pablo ArgentatoCounsel, ICC International Court of Arbitration, Paris
David AriasPartner, Herbert Smith Freehills, Spain
Juliana CastilloLegal Director EMEA, Crown Europe, France
Eliseo CastineiraPartner, Castineira, France
Philippe CavalierosPartner, Simmons & Simmons LLP, France
Christian ConejeroPartner, Philippi Prietocarrizosa Ferrero DU & Uria, Chile
Eduardo Damião GonçalvesPartner, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados; Vice President, ICC International Court of Arbitration, Brazil
Diana DroulersPartner, Droulers & Asociados, Venezuela; Member, ICC International Court of Arbitration
Alexander G. FessasSecretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
Claudia Frutos-PetersonManaging Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington DC, United States
Valeria GalindezPartner, Valença Galíndez Arbitragem, Brazil
Sandra GonzálezPartner, Ferrere, Uruguay
Katherine González ArrochaDirector for the Americas, Arbitration & ADR, ICC International Court of Arbitration, Panama City
Elena Gutierrez Garcia de CortazarIndependent Arbitrator & Professor at law, France
Mónica JimenezAlternate Member, ICC International Court of Arbitration, Colombia
Jennifer KirbyPrincipal, Kirby Arbitration, France
Marek KrasulaCounsel, ICC International Court of Arbitration, New York
Carmen Martinez Partner, Three Crowns LLP, United Kingdom
Alexis MourrePresident, ICC International Court of Arbitration, Paris
Kathleen PaisleyPartner, AMBOS Law, Belgium/United Kingdom; Co-Chair, ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings
Ina C. PopovaPartner, Debevoise & Plimptom LLP, New York, United States of America
Michael PolkinghornePartner, White & Case LLP, France; Council Member, ICC Institute of World Business Law
Fabiano Robalinho CavalcantiPartner, Escritório de Advocacia Sergio Bermudes Advogados Associados; Director, Brazilian Committe of Arbitration – CBAr, Brazil
José RosellInternational Arbitrator, Denmark
Ana Serra e MouraDeputy Secretary General, ICC International Court of Arbitration, Paris
Josefa Sicard-MirabalIndependent Arbitrator; Adjunct Professor of Law, Fordham University School of Law, New York, United States of America
Eduardo Silva RomeroPartner, Dechert LLP, France
Maria del Carmen TovarPartner, Estudio Echecopar, Baker Mckenzie, Peru
Deva Villanúa GómezPartner, Armesto & Asociados, Spain
Conna A. WeinerArbitrator; former in-house counsel, Novartis; Vice-Chair for the Northeast Arbitration Subcommittee for USCIB/ICC USA

Logistical notes

Dates and venueDates: 10-12 November 2019
Venue: The Mandarin Oriental Miami
500 Brickell Key Drive, Miami, FL, United States
Registration feesICC Institute Advanced Training
Early-bird until 28 June 2019: US$ 719
ICC members: US$ 799.20 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: US$ 999
17th ICC Miami Conference
Early bird until 28 June 2019: US$ 1,307
ICC members: US$ 1,452 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: US$ 1,815
Discount Package: Training and Conference (-20%)
Early-bird until 28 June 2019: US$ 1,620
ICC members: US$ 1,800.80 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: US$ 2,251
Accompanying person for social events only
$ 346
Registration fees include all conference and/or seminar documentation, coffee breaks, lunches and cocktail reception.
Special discountsGroup rates: Register 5 persons from the same company and pay for four.
In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.
Please contact events@iccwbo.org for more details.
ICC Members: please contact your National Committee to receive the discount code to access the member rate (20% reduction).
Travel and accommodation Travel and hotel expenses are not included in the registration fees. 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$339 or US$369 (+13% tax), will be sent upon registration. 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 Thursday 17 October 2019. Hotel reservations received after 19 October will be accepted on a space and/or rate available basis only.
VisaWe 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 languageEnglish, Portuguese and Spanish
Credits and hoursICC Training and Conferences is eligible for CLE credit under New York’s and Florida’s approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is accredited by the Bar Standards Board to provide CPD for barristers at the Bar of England & Wales. French Bars: This conference and training will be 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 policy50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday 11 October 2019. 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 be informed that any form of cancellation will incur a cancellation fee of US$7 + 2.75% of the registration fee which must be covered by the participant. 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.
DisclaimerThe photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for information or promotional purposes in printed materials or online including on ICC websites and 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 receives written notification to the contrary.

Sponsorship opportunities

Sponsoring this conference will give your company the global recognition to reach arbitrators, in-house counsel, business people, and lawyers and legal practitioners involved in international trade. Along with increasing brand awareness, your company also takes centre stage in the developments of international arbitration. Through this sponsorship you have the opportunity to reach thousands of legal practitioners worldwide.

Over 600 people from 40 countries, mostly in Latin America, are expected to attend.

Learn more about Sponsorship 17th Miami Conference 2019.

Registration

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