17th ICC Miami Conference on International Arbitration

Welcoming address, presentation of the ICC Institute, introduction and presentation of the mock cases

• Yves Derains, Founding Partner, Derains & Gharavi, France; Chairman, ICC Institute of World Business Law
• José Manuel García Represa, Partner, Dechert LLP, France; Member, ICC Institute of World Business Law
• Mélida Hodgson, Partner, Jenner & Block, New York, United States; Council Member, ICC Institute of World Business Law

Strategic 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 bank guarantees, and counter-guarantees

• Fernando Serec, CEO and Head of the Litigation and Arbitration practice groups, Tozzini Freire Advogados, Brazil
• Patricia Ferraz, Counsel, ICC International Court of Arbitration, São Paulo

Practical 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

• María Inés Solá, Legal Counsel, Pan American Energy LLC, Argentina
• Claudia Benavides, Partner, Baker & McKenzie S.A.S, Colombia

Practical 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 (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)

• Clifford J. Hendel, Founder, Hendel IDR, Spain
• Elena Gutierrez, Independent Arbitrator & Professor at law, France

Compliance, 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

• Leidylin Contreras, Deputy Director, Office of International Trade Agreements & Treaties Administration (DICOEX), Ministry of Industry, Trade and SME's, Dominican Republic
• Patricio Grané, Partner, Arnold & Porter, United Kingdom

Concluding remarks

• Mélida Hodgson
• José Manuel García Represa

Doughnuts 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 Lawyers, Belgium/USA; Co-Chair, ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings

ICC Young Arbitrators Forum (YAF)

Welcome 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

Opening keynote speech

• Alexis Mourre, President, ICC International Court of Arbitration, Paris

Roundtable: 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
• Alberto Zuleta-Londoño, Partner, Holland & Knight, Colombia

Chaired by:

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

"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

-Applicable standard of proof. The desire for a consistent approach

-Legal consequences of finding that the contract was tainted by corruption in arbitration

• 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
• Luca Radicati di Brozolo, Partner, ARBLIT, Radicati di Brozolo Sabatini Benedettelli Torsello, Italy ; Professor, Catholic University of Milan

Chaired by:

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

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

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 parallel 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

Parallel sessions (participants choose to attend one of the following sessions)

Roundtable 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

• José Astigarraga, Partner, Reed Smith LLP, Miami, United States

ICC – AW session

Should regionalism be an item on the agenda?

Global efforts to promote diversity have resulted in incremental progress in many parts of the world. What are the critical next steps to further diversity? Can regional diversity efforts pinpoint the specific changes needed within that region? What does the term "diversity" mean in different parts of the world and how can we achieve it?

• Dana MacGrath, ArbitralWomen President; Investment Manager and Legal Counsel, Bentham IMF, New York, United States (moderator)
• Sandra González, Partner and co-leader, Litigation and Arbitration team, Ferrere, Uruguay; Member; ArbitralWomen; co-founder, Women Way in Arbitration LATAM (WWA LATAM); Alternate Member; ICC International Court of Arbitration
• Diana Gárate, Senior Manager, EY Law, Peru; Member, ArbitralWomen; Member, Women Way in Arbitration LATAM
• Enrique González, Associate General Counsel, UBER, Mexico

Welcome coffee

Interest 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 they grant it ex officio?
-What to do? Interest rates, calculation methods, simple or compound interest?
 -Interest on arbitration costs

• John Adam, Partner, Latham & Watkins, France
• David Arias, Partner, Herbert Smith Freehills, Spain
• Valeria Galíndez, Partner, GalíndezArb, Brazil
• Anne Marie Whitesell, Professor and Faculty Director, Program on International Arbitration and Dispute Resolution, Georgetown University Law Center, Unites States

Chaired by:

• Juliana Castillo, Legal Director EMEA, Crown Europe, France

The 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?

• Kate Brown de Vejar, Partner & Global Co-Chair of International Arbitration, DLA Piper, Mexico
• Eliseo Castineira, Partner, Castineira, France
• Felipe Ossa, Partner, Claro & Cía, Chile
• Ina C. Popova, Partner, Debevoise & Plimpton LLP, New York United States

Closing speech: Is international arbitration in Latin America facing a credibility crisis? Does the past predict the future?

• Eduardo Silva Romero, Partner, Dechert LLP, France

Introduced by

• Patricia Ferraz, Counsel, ICC International Court of Arbitration, Sao Paolo

Closing 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