19th ICC Miami Conference on International Arbitration

12-14 Dec 2021

Miami English, Spanish and Portuguese CLE credits / MCLE credits / CLPD credits / CNB hours

ICC’s annual Miami conference “Latam arbitration under scrutiny: a challenge to legitimacy” is taking place on 13 & 14 December 2021!

This conference features experts in the field as well as representatives from the ICC International Court of Arbitration, all on hand to engage with professionals wanting to keep pace with the latest developments.

A prime networking opportunity, the conference has become a major event in the international arbitration calendar and is a must-attend event for arbitration professionals.

The ICC Institute Advanced Level Training on Dispute Boards is taking place on 12 December 2021. This one-day training is designed to equip participants with the skills and expertise they need to enhance dispute avoidance and become familiar with the Dispute Adjudication Board (DAB) process, so they can confidently act as a dispute board member and advise or represent their clients establishing the DB and manage ongoing operations for maximum effectiveness.

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

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Testimonials 

Thanks to continuing enhancements, including technology, arbitration in Latin America continues to develop. That is why this year's ICC Miami Conference theme, "Latin America arbitration under scrutiny," is so critical to practitioners.

Olivier (Ollie) Armas
Partner and Global Head of International Arbitration Practice

Hogan Lovells

12 December: Training
13 December: Conference
14 December: Conference

Descargue el programa de la formación en español aquí

Download o programa do trainamento em português aqui

A Dispute Board (DB) is a method commonly used in complex engineering and construction projects. It involves an independent committee established by the parties to the construction contract and are, usually, in place from the commencement of the project.

Our one-day DB training is an intensive program designed to equip participants with the skills and expertise they need to enhance dispute avoidance and become familiar with the Dispute Adjudication Board (DAB) process, so that they can confidently act as a dispute board member and advise or represent their clients establishing the DB and manage ongoing operations for maximum effectiveness.

The training will start with an introductory overview of the origins of the DB process. It will include interactive exercises and business case for their use on projects centered around construction issues.

The training will also address topics such as decision writing and challenges of organizing virtual site visits and hearings.

*All times are EST

08.30 – 09.00

Welcome coffee

09.00 – 09.15

Introduction: Learning objectives

  • Eduardo Silva Romero, Partner, Dechert LLP, France; Chair, ICC Institute of World Business Law; Member, ICC International Court of Arbitration
  • David Brown, Partner, Clyde & Co, France; Emeritus Council Member, ICC Institute of World Business Law; FIDIC President's List of Approved Dispute Adjudicators
  • Cecilia Misu, CMSQUARE GmbH, Germany; Member, Standing Committee, ICC International Centre for ADR

09.15 – 09.35

General presentation on Dispute Boards and Q&A

-Present the key steps for third party dispute resolution

-Dispute Resolution policies and procedures before the appointment of a DB. Dispute Resolution strategies, assessment of past experiences with ADR, incorporation of DB provisions, type of DB (recommendation/ resolution; ad-hoc/permanent)

-Presenting key aspects of ICC DB Rules and the role of the ICC ADR Centre: appointing DB members, deciding on challenges of DB members, fixing the DB members’ fees, acting as depositary of the funds, and reviewing the decisions of DAB and CDB

-DAB agreement and DAB activities: Data availability, transfer and security, virtual site visits, platform (for data transfer)

  • Luis Ruiz, General Manager & Founder, Laurus Group; Independent Technical Expert Judgement – Dispute Boards; Postgraduate Professor, Peru
  • Marcela Paz Radovic Cordova, Onwner and Principal, Radovic & Asociados SpA, Chile

09.35 – 09.45

Q&A

09.45 – 10.05

Dispute Avoidance

-From disagreement to dispute

-How to prevent disputes

-Practical examples

  • Cecilia Misu

10.05 – 10.15

Q&A

10.15 – 10.30

Presentation of the Mock Case on Dispute Avoidance

10.30 – 11.00

Coffee break

11.00 – 12.00

Working Groups on Dispute Avoidance

12.00 – 12.45

Plenary session: debate and simulation

12.45 – 14.15

Lunch

14.15 – 14.35

Formal Dispute Boards procedure in case of disputes

-Key steps for third party dispute resolution

-Virtual hearings, platform (for data transfer as well as for the hearings)

-Differences in cases of ad-hoc/permanent DB (f.i. claims prepared by project members vs. claims prepared by lawyers and Experts)

-Witness of fact (written statements?)

-Evidence of damages incurred

-Post hearings statements

  • Katherine González Arrocha, Director for Latin America, Arbitration & ADR, ICC International Court of Arbitration, Panama City
  • Roberto Hernandez-Garcia, Partner Director, COMAD S.C., Mexico; FIDIC President's List Certified Adjudicator; Dispute Board and Arbitrator of construction projects in Latin America

14.35 – 14.45

Q&A

14.45 – 15.05

Presentation of the Mock Case on Dispute Boards procedure

  • David Brown

15.05 – 15.35

Coffee break

15.35 – 16.35

Working Groups on Dispute Boards procedure

16.35 – 17.20

Plenary session: debate and simulation

17.20 – 17.40

Enforcement of Dispute Boards conclusions – Presentation

  • David Brown

17.40 – 17.50

Q&A

17.50 – 18.00

Concluding remarks

  • David Brown
  • Cecilia Misu

18.00 – 20.00

Cocktail reception generously sponsored by Linklaters

Descargue el programa de la Conferencia en español aquí

Download o programa da Conferência em português aqui

*All times are EST

09.00 - 09.15

Welcome address

  • Alexander G. Fessas, Secretary General, ICC International Court of Arbitration, Paris

09.15 - 09.45

Opening keynote speech 

  • Claudia Salomon, President, ICC International Court of Arbitration, Paris

09.45 - 11.15

Spotlight in Latam & Spain: 5 hottest issues that arbitral practitioners cannot miss

-Brazil: Calm sea and prosperous voyage or stormy weather ahead? Continued

-Chile: CCF Sudamerica SPA : Caught between a rock and a hard place

-Colombia: Navigating 3 important decisions : Ruta del Sol II, GECELCA & Reficar

-Peru: Emergency Decree 020-2020: “Un pasito para adelante y varios pasitos para atrás

-Spain: Constitutional Court decision of 15 February 2021 - Is confidence back?

  • Debora Visconte, Partner, Visconte Advogados, Brazil
  • Felipe Ossa, Partner, Claro & Cia, Chile
  • Lucía Olavarría Salinas, Partner, Quiñones Alayza Abogados, Peru
  • Jesús Remón, Partner, Uría Menéndez

Chaired by:

  • Eduardo Zuleta, Partner, Zuleta Abogados, Colombia

11.15 - 11.45

Networking break kindly sponsored by Dechert LLP and J.S. Held

11.45 - 13.00

An Institutional Roundtable: how can organizations protect the playing field

-ICCA: Guidelines on Standards of Practice

-IBA: Guidelines on conflicts of interest. Different standard in Latam?

-ICC: what is expected from the leading arbitral institution?

-What is the support expected from State Judges?

  • Cándido Conde-Pumpido, Magistrate, Constitutional Court, Spain
  • Alexander G. Fessas, Secretary General, ICC International Court of Arbitration, Paris
  • Valeria Galíndez, Galíndez Arb, Brazil
  • Federico Campolieti, Partner, Bomchil, Argentina

Chaired by:

  • Ana Serra e Moura, Deputy Secretary General, ICC International Court of Arbitration, Paris

13.00 - 13.15

Q & A Session

13.15 - 15.00

Lunch kindly sponsored by Hogan Lovells

15.00 - 16.15

Mind the gap: the power of arbitrators to review contracts?

-Source of arbitrators’ power

-A civil law vs common law perspective

-Hardship

-Relevant case law

-A client’s perspective: practical experience

  • Julie Bédard, Partner & Head, International Litigation and Arbitration Group for the Americas, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, Brazil/United States
  • Kevin Feeney, Senior Legal Counsel, Litigation – Upstream/Integrated gas, Shell Oil Company, United States
  • Fernando Mantilla Serrano, Partner Latham & Watkins LLP, France
  • Ana Vermal, Partner, Proskauer Rose LLP, France/United States

Chaired by:

  • Juan Pablo Argentato, Counsel, ICC International Court of Arbitration, Paris

16.15 - 16.30

Q & A Session

16.30-17.00

Networking break kindly sponsored by Reed Smith

17.00-18.15

It is hard to be what you cannot see: driving innovation through diversity and inclusion

  • Eric Franco, General Counsel, Engie, Peru
  • Cindy Rayo, General Director, International Trade for Services and Investment, Ministry of Economy, Mexico
  • Cecilia Alemany Billorou, Director in Argentina and Deputy Regional Director for Latin America and the Caribbean, United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), Uruguay

Chaired by:

  • Claudia Salomon

20.30

Dinner generously sponsored by Hogan Lovells

Descargue el programa de la Conferencia en español aquí

Download o programa da Conferência em português aqui

*All times are EST

9.00 - 10.15

Revisiting Jurisdiction and admissibility of claims: navigating troubled waters

-The nature of jurisdiction and admissibility: where does the twilight zone lie?

-Investment arbitration vs commercial arbitration

-Challenges related to multitiered-clauses, timeliness issues or conditions precedent : Republic of Sierra Leone v. SL Mining Ltd (2021)

-Avoiding the clash of different forums: When is judicial intervention appropriate?

  • Paul Di Pietro, Counsel, ICC International Court of Arbitration, New York
  • Carmen Nuñez-Lagos, Independent Arbitrator & founder, Nuñez-Lagos Arbitration, France
  • Philippe Pinsolle, Partner & Head of international arbitration for continental Europe, Quinn Emanuel Urquhart & Sullivan, LLP, Switzerland
  • Gustavo Scheffer da Silveira, Counsel, Tauil & Chequer Advogados in association with Mayer Brown, Brazil

Chaired by:

  • Deva Villanúa, Partner, Armesto & Asociados, Spain

10.15 - 10.30

Q & A Session

10.30 - 11.00

Networking break kindly sponsored by Hogan Lovells and Linklaters

11.00 - 12.15 

Amicus curiae: a tool used by arbitral institutions to protect legitimacy?

-Consent to arbitrate and the legitimacy of the arbitral process: 2018 Decision on Waleed Al-Qarqani, et al v . Chevron Corporation and Chevron U.S.A. Inc.

-The ICC Court’s approach to independence and impartiality of arbitrators: 2019 Decision on Halliburton Company v. Chubb Bermuda Insurance Ltd

-The application of the competence- competence principle to validity objections: 2020 Decision on Uber Technologies Inc., et al. v. David Heller

-The arbitral tribunal´s authority over discovery: 2021 Brief in Servotronics, Inc., v. Rolls-Royce Plc, Et AL.

  • Alvaro Galindo, Partner, Carmigniani Pérez Abogados, Ecuador; Dean, Faculty of Law, Universidad de las Américas
  • John Fellas, Independent Arbitrator, Fellas Arbitration, United States
  • Tina CicchettiIndependent Arbitrator, Vancouver Arbitration Chambers/Arbitration Place, Dallas
  • Mélida Hodgson, Partner, Jenner & Block, United States; Vice-Chair, ICC Institute of World Business

Chaired by:

  • Gabriela Alvarez-Avila, Partner, DLA Piper, Mexico 

12.15 - 12.30

Q & A Session

12.30 - 13.15

Debating whether the idea of an autonomous arbitration would be a dream for Latam? In Memory of Emmanuel Gaillard

  • Ximena Herrera-Bernal, Partner, Gaillard Banifatemi Shebaya Disputes, United Kingdom
  • Alexis MourrePartner, MGC Arbitration, France; Former President, ICC International Court of Arbitration

Chaired by:

  • Katherine González, Director for Latin America, Arbitration & ADR, ICC International Court of Arbitration, Panama City

13.15 - 13.30

Closing remarks

  • Katherine González Arrocha

13.30 – 15.00

Lunch kindly sponsored by Linklaters

15.00 – 16.30

Regional ICC Young Arbitrators Forum (YAF)

Youthquake: how the arbitration world will change when the new generation leads

Winds of change: How are millennials changing arbitral practices?

-Tech savvy: optimizing arbitral procedures, communication and teamwork with co-counsel, arbitral tribunals, experts.

-Increased promotion of amicable dispute resolution and other dispute resolution services.

-Necessary advocacy skills for the new generation:

- New developments in Soft Law (e.g. recent amendment to the IBA Rules on the Practice of Evidence, ICC Commission Report “The Accuracy of Fact Witness Memory in International Arbitration”).

- The influence of common law- adversarial models of litigation in Latin America.

  • Alvaro Awad, ICC YAF Representative for Latin America; Partner, Contreras Velozo, Chile
  • Orlando F. Cabrera C., Senior Associate, Hogan Lovells, Mexico
  • Marie-Isabelle Delleur, Senior Associate, Clifford Chance, France
  • Estefanía Ponce Durán, Senior Associate, Posse Herrera Ruiz, Colombia
  • Javier Jaramillo-Troya, Senior Associate, Pérez Bustamante & Ponce, Ecuador
  • Rebeca Mosquera, ICC YAF Representative for North America; Senior Associate, Akerman LLP, United States

For more information and to register to the event, please visit the event webpage here.


ICC Institute Training

David Brown

Partner, Clyde & Co, France; Emeritus Council Member, ICC Institute of World Business Law; FIDIC President's List of Approved Dispute Adjudicators

Katherine González Arrocha

Director for Latin America, Arbitration & ADR, ICC International Court of Arbitration, Panama City

Roberto Hernandez-Garcia

Partner Director, COMAD S.C., Mexico; FIDIC President's List Certified Adjudicator; Dispute Board and Arbitrator of construction projects in Latin America

Cecilia Misu

CMSQUARE GmbH, Germany; Member, Standing Committee, ICC International Centre for ADR

Marcela Paz Radovic Cordova

Owner and Principal, Radovic & Asociados SpA, Chile

Luis Ruiz

General Manager & Founder, Laurus Group; Independent Technical Expert Judgement – Dispute Boards; Postgraduate Professor, Peru

Eduardo Silva Romero

Partner, Dechert LLP, France; Chair, ICC Institute of World Business Law; Member, ICC International Court of Arbitration

Conference

Cecilia Alemany Billorou

Director in Argentina and Deputy Regional Director for Latin America and the Caribbean, United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), Uruguay

Gabriela Alvarez-Avila

Partner, DLA Piper, Mexico

Juan Pablo Argentato

Counsel, ICC International Court of Arbitration, Paris

Julie Bédard

Partner & Head, International Litigation and Arbitration Group for the Americas, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, Brazil/United States

Federico Campolieti

Partner, Bomchil, Argentina

Tina Cicchetti

Independent Arbitrator, Vancouver Arbitration Chambers/Arbitration Place, Dallas

Cándido Conde-Pumpido

Magistrate, Constitutional Court, Spain

Paul Di Pietro

Counsel, ICC International Court of Arbitration, New York

Kevin Feeney

Senior Legal Counsel, Litigation – Upstream/Integrated gas, Shell Oil Company, United States

John Fellas

Independent Arbitrator, Fellas Arbitration, United States

Alexander G. Fessas

Secretary General, ICC International Court of Arbitration, Paris

Eric Franco

General Counsel, Engie, Peru

Valeria Galíndez

Partner, Galíndez Arb, Brazil

Alvaro Galindo

Partner, Carmigniani Pérez Abogados, Ecuador; Dean, Faculty of Law, Univeridad de las Américas

Katherine González Arrocha

Director for Latin America, Arbitration & ADR, ICC International Court of Arbitration, Panama City

Ximena Herrera-Bernal

Partner, Gaillard Banifatemi Shebaya Disputes, United Kingdom

Mélida Hodgson

Partner, Jenner & Block, United States; Vice-Chair, ICC Institute of World Business World

Fernando Mantilla Serrano

Partner, Latham & Watkins LLP, France

Alexis Mourre

Partner, MGC Arbitration, France; Former President, ICC International Court of Arbitration

Christa Mueller

Independent Arbitrator and founding partner, Mueller Abogados, Mexico

Carmen Nuñez-Lagos

Independent Arbitrator & founder, Nuñez-Lagos Arbitration, France

Lucía Olavarría Salinas

Partner, Quiñones Alayza Abogados, Peru

Felipe Ossa

Partner, Claro & Cia, Chile

Philippe Pinsolle

Partner & Head of international arbitration for continental Europe, Quinn Emanuel Urquhart & Sullivan, LLP, Switzerland

Cindy Rayo

General Director, International Trade for Services and Investment, Ministry of Economy, Mexico

Jesús Remón

Partner, Uría Menéndez, Spain

Claudia Salomon

President, ICC International Court of Arbitration, Paris

Gustavo Scheffer da Silveira

Counsel, Tauil & Chequer Advogados in association with Mayer Brown, Brazil

Ana Serra e Moura

Deputy Secretary General, ICC International Court of Arbitration, Paris

Ana Vermal

Partner, Proskauer Rose LLP, France/United States

Deva Villanúa

Partner, Armesto & Asociados, Spain

Debora Visconte

Partner, Visconte Advogados, Brazil

Eduardo Zuleta

Partner, Zuleta Abogados, Colombia

Regional ICC Young Arbitrators Foru

Alvaro Awad

ICC YAF Representative for Latin America; Partner, Contreras Velozo, Chile

Orlando F. Cabrera C.

Senior Associate, Hogan Lovells, Mexico

Marie-Isabelle Delleur

Senior Associate, Clifford Chance, France

Estefanía Ponce Durán

Senior Associate, Posse Herrera Ruiz, Colombia

Javier Jaramillo-Troya

Senior Associate, Pérez Bustamante & Ponce, Ecuador

Rebeca Mosquera

ICC YAF Representative for North America; Senior Associate, Akerman LLP, United States


Dates and venue

Date of the training: 12 December 2021
Date of the conference: 13-14 December 2021

Venue: Mandarin Oriental, 500 Brickell Key Dr., Miami, United States

Registration fees

19th ICC Miami Conference: US$ 1452

ICC Institute Training: US$ 799

Discount Package: Conference + Training: US$ 1801

Accompanying person: US$ 346

ICC Members:  - 20% on above rates

Special discounts

 

Group rates: Register 5 persons from the same company and pay for four.
In-house Counsel, and Government representatives may benefit from a free ticket.
Please contact ICCGlobalEvents@iccwbo.org for more details.
ICC Members: to benefit from the ICC Member rate please contact your National Committee to get the discount code.

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.

Please note that the ICC preferential room rate of US$ 349 per night (+13% tax) at "The Mandarin Oriental" has been sold out.

However, we are delighted to inform you that ICC has negotiated with the Mandarin Oriental a new discounted room rate of US$ 489 per night (+13% tax). More information will be sent upon registration allowing participants to make their reservations directly.

Please note that the number of rooms is limited. As they will be distributed on a "first come-first served" basis, we recommend that you make your reservation ASAP.

ICC Sanitary Protocol for Events 
(UPDATED)

We want to reiterate ICC's commitment to health and safety and our continued monitoring of COVID-19 and the Omicron variant.

The safety and wellbeing of participants in ICC events is a fundamental concern of the organisation. Registration and participation in an in-person ICC event requires that you adhere to health and safety measures implemented by the organisers and that you agree to comply with those measures at all times.

Attendees should remain fully aware of their individual and collective COVID-19 risks and should make informed decisions based on those risks.

In order to ensure your safety at the event, we have put in place a mandatory pre-event screening portal for attendees to submit a one-time proof of a vaccination card or proof of a negative Covid-19 test (antigen or PCR). The link will be sent to you closer to the event so that you can upload your negative test results required to attend the events.

By attending the 19th ICC Miami Conference, you undertake to be able to show official proof of:

  • full vaccination recognised by local authorities or alternatively with at least 10 days since the date of the last vaccination; or
  • a negative COVID-19 test recognised by local authorities or alternatively PCR or lateral flow test taken within 48 hours of the event commencing; or
  • the presence of COVID-19 antibodies (recovery from COVID-19 for at least 15 days and within the last 180 days).

Such proof will be requested by the organisers from all participants prior to or upon arrival at the event, as appropriate.

If you are not in a position to give evidence as requested by the organisers despite your commitment to do so, the organisers will deny you entry to the event.

*Following the new US travel policy, we have a stricter protocol than when you registered.

Working languages

 

Conference: English, Portuguese and Spanish

Training: English

Cancellation policy (UPDATED)

 

Considering the sanitary situation and the new Covid-19 variants, the registration fee will be refunded if notice of cancellation I received before Wednesday 8 December 2021. Cancellations after this date are not refundable.

Please be informed that any form of cancellation will incur a cancellation fee of 2.75% of the registration fee which must be covered by the participant.

Subject to agreement from ICC Global Events 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 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 will not, however, be held responsible for any related expense incurred by the participant.

Credits and hours

Ahead of this event, applications will be sent for:

CLE credits under New York, Texas and Florida’s approved jurisdiction procedures
CLPD points from the State Bar of Dubai
CNB approval for the French Bar
Further, ICC Global Events is a State Bar of California approved MCLE provider.

Please note that ICC Global Events cannot guarantee that these applications will be accepted. Applications are often approved or rejected at very short notice before the event.
If you have any questions please contact ICCGlobalEvents@iccwbo.org.

Disclaimer

 

The 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.

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.

Tailor-made packages are available to suit your firm’s needs. For more information contact sponsorship@iccwbo.org

BENEFITS PLATINUM
€30,000 HT
GOLD
€20,000 HT
SILVER
€13,000 HT
BRONZE
€10,000 HT
Exclusive gala dinner Sponsor OR exclusive cocktail reception Sponsor OR exclusive event App Sponsor (as available) x . . .
Reserved branded gala dinner table x . . .
Additional gala dinner invitations x . . .
Invitation to participate as guest contributor on the ICC blog on a topic related to the event* x . . .
Testimonial quote on the event page* x x . .
Sponsor a lunch (as available) x x . .
Sponsor the photo booth OR the translation booth x x . .
Participants list available in priority x x . .
Company video to be played during session breaks* x x x .
Opportunity to provide lanyards OR notebooks & pens OR water bottles** (as available) x x x .
Sponsor a coffee break (as available) x x x .
Private meeting room reserved for 1 hour (as available) x x x .
Exhibition space + exhibitor pass (Table maybe shared depending on availability) x x x x
Profile included on the ICC DRS app x x x x
Complimentary registration (Each valued at $1,452) 10 6 3 2
Special reduced registrations (20% reduction) 10 6 3 2
Sponsor recognition on ICC arbitration social media channels x x x x
Pre-event introduction to participants x x x x
Use of official event Sponsor logo x x x x
30% discount on ICC e-publications x x x x
Signage at venue + logo on all digital & onsite promotional materials x x x x
  • *All content to be approved by ICC
  • ** Sponsor to bear all associated costs
  • Our sponsorship packages do not include speaking opportunities. Please let us know should you wish to submit a speaker candidate.

For more information, please contact:

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Sponsorship team

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