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

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

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)

09.35 – 09.45

Q&A

09.45 – 10.05

Dispute Avoidance

-From disagreement to dispute

-How to prevent disputes

-Practical examples

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

14.35 – 14.45

Q&A

14.45 – 15.05

Presentation of the Mock Case on Dispute Boards procedure

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

17.40 – 17.50

Q&A

17.50 – 18.00

Concluding remarks

18.00 – 20.00

Cocktail reception

09.00 - 09.15

Welcome address

09.15 - 09.45

Opening keynote speech

09.45 - 11.00

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

-Brazil: Is Secrecy of arbitral proceedings a safe harbour?

-Chile: CCF Sudamerica SPA : 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 the confidence re-established?

11.00 -  11.15

Q & A Session

11.15 - 11.45

Networking break

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? Or the judge perspective?

13.00 - 13.15

Q & A Session

13.15 - 15.00

Lunch

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

16.15 - 16.30

Q & A Session

16.30-17.00

Networking break

17.00-18.15

Townhall with President and representatives from ICC Secretariat

20.00

Dinner

9.00 - 10.15

Revisiting Jurisdiction and admissibility of claims: navigating trouble waters

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

-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?

10.15 - 10.30

Q & A Session

10.30 - 11.00

Networking break

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.

12.15 - 12.30

Q & A Session

12.30 - 13.00

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

13.00 - 13.15

Closing remarks

13.15 – 15.30

Lunch

15.30 – 17.00

Regional ICC Young Arbitrators Forum (YAF)

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

The speakers of the conference will be available in due time.

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.

ICC Sanitary Protocol for Events

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. Those measures may vary depending on local health and safety considerations including government regulations and guidelines, and rules governing the venue.

Participants at ICC events accept the risk of change of health and safety obligations and its impact on measures implemented by organisers which may include: social distancing, use of tracing devices, wearing masks, temperature measurement, use of hydro-alcoholic gel, limiting number of participants and restricting their physical gathering, holding the meeting virtually, limiting catering services.

By registering to an ICC event, you undertake to be able to show official proof of either:

  •  full vaccination recognised by local authorities or alternatively with at least 10 days since the date of the last vaccination;
  •  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 reserve the right to deny you entry to the event.

Working languages

 

Conference: English, Portuguese and Spanish

Training: English

Cancellation policy

 

Any form of cancellation until Friday 6 November will incur a cancellation fee of US$7 + 2.75% of the registration fee which must be covered by the participant. Cancellations after this date are refundable 50% of the registration fee.
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.

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

BENEFITS PLATINUM
€30,000 HT
GOLD
€20,000 HT
SILVER
€13,000 HT
BRONZE
€10,000 HT
BRANDING
€5,000 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 . . .
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 $1,162) 10 6 3 2 1
Special reduced registrations (20% reduction) 10 6 3 2 1
Sponsor recognition on ICC arbitration social media channels x x x x x
Pre-event introduction to participants x x x x x
Use of official event Sponsor logo x x x x x
30% discount on ICC e-publications x x x x x
Signage at venue + logo on all digital & onsite promotional materials x 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.

Tailor-made packages are available to suit your company’s needs.

Visit our dedicated sponsorship opportunities page and contact sponsorship@iccwbo.org for more information.

For more information, please contact:

Organising team

Sponsorship team

Organiser

We thank our Sponsors

Registration