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
| 08.30 - 09.00 | Welcome coffee |
| 09.00 - 09.15 | Welcoming address, presentation of the ICC Institute, introduction and presentation of the mock cases |
| 09.15 - 10.00 | 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 |
| 10.00 - 10.45 | Mock Case |
| 10.45 - 11.00 | Coffee break |
| 11.00 - 11.45 | 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 |
| 11.45 - 12.30 | Mock Case |
| 12.30 - 14.00 | Lunch |
| 14.00 - 14.45 | 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) |
| 14.45 - 15.30 | Q&A |
| 15.30 - 15.45 | Coffee break |
| 15.45 - 16.30 | 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 |
| 16.30 - 17.15 | Q&A |
| 17.15 - 17.30 | Concluding remarks |
| 18.00 - 20.00 | Cocktail reception on the pool deck of the Mandarin Oriental Hotel |
| Sunday 10 November 2019 | |
| 18.00 – 20.00 | Cocktail Reception on the pool deck of the Mandarin Oriental Hotel |
11 November Conference Programme
| 07.30 - 08.45 | Parallel sessions (in English only) |
| 07.30 - 08.45 | 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. |
| 08.00 - 09.00 | Welcome coffee |
| 09.00 - 09.40 |
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 |
| 09.40 - 10.00 |
Opening keynote speech Alexis Mourre, President, ICC International Court of Arbitration, Paris |
| 10.00 - 11.30 |
Roundtable: A deep look in seven Latin American jurisdictions: 90 minutes discussing the current state of affairs 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 |
| 11.30 - 12.00 | Coffee break |
| 14.00 - 14.45 | "How to handle corruption allegations: experience drawn from cases involving Latin American parties"
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
Ana Serra e Moura, Deputy Secretary General, ICC International Court of Arbitration, Paris |
| 13.00 - 13.30 | Discussion |
| 13.30 - 15.00 | Lunch |
| 15.00 - 16.15 | Parallel sessions (participants choose to attend one of the following sessions) |
| 15.00 - 16.15 | Arbitration in the life sciences and pharmaceutical sector: has the time come for this sector in Latin America?
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 |
| 15.00 - 16.15 | Gas Pricing Disputes: How to make it predictable?
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 - 16.45 | Coffee break |
| 16.45 - 18.00 | Parallel sessions (participants choose to attend one of the following sessions) |
| 16.45 - 18.00 |
Complexity revisited
Alexander G. Fessas Jennifer Kirby, Arbitrator, France |
| 16.45 - 18.00 |
"Complex evidentiary issues"
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 |
| 20.00 | Cocktail dinner party |
12 November Conference Programme
| 08.00 - 09.15 | 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 |
| 08.30 - 09.30 | ICC – AW session |
| 09.30 - 10.30 |
Interest and inflation adjustment in international arbitration Applicable law to pre-award interest and post-award interest John Adam, Partner, Latham & Watkins, France David Arias, Partner, Herbert Smith Freehills, Spain Valeria Galíndez, Partner, Valença Galíndez Arbitragem, Brazil Chaired by: Juliana Castillo, Legal Director EMEA, Crown Europe, France Anne Marie Whitesell, Professor and Faculty Director, Program on International Arbitration and Dispute Resolution, Georgetown University Law Center, Unites States |
| 10.30 - 11.00 | Discussion |
| 11.00 - 11.30 | Coffee break |
| 11.45 - 12.30 | Mock Case |
| 11.30 - 13.00 | The revision of final awards: when, if ever, is it acceptable?
Kate Brown de Vejar, Partner & Global Co-Chair of International Arbitration, DLA Piper, Mexico
Eliseo Castineira, Partner, Castineira, France Ina C. Popova, Partner, Debevoise & Plimpton LLP, New York United States
Chaired by:
Josefa Sicard-Mirabal, Independent Arbitrator; Adjunct Professor of Law, Fordham University School of Law, New York, United States |
| 13.00 - 13.30 | Discussion |
| 13.30 - 15.00 | Lunch |
| 15.00 - 15.30 |
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 |
| 15.45 - 16.30 |
Compliance, enforcement and other issues arising after interim measures are ordered/awarded
|
| 15.30 - 16.00 | Discussion |
| 16.00 - 16.15 |
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 |
10 November Training Programme speakers
| Co-chairs | |
| José Manuel García Represa | Partner, Dechert LLP; Member, ICC Institute of World Business Law |
| Mélida Hodgson | Partner, Jenner & Block; Council Member, ICC Institute of World Business Law |
| Speakers | |
| Claudia Benavides | Partner, Baker & McKenzie S.A.S, Colombia |
| Leidylin Contreras | Deputy Director, Office of International Trade Agreements & Treaties Administration (DICOEX), Ministry of Industry, Trade and SME's, Dominican Republic |
| Yves Derains | Founding Partner, Derains & Gharavi; Chairman, ICC Institute of World Business Law |
| Patricio Grané Labat | Partner, Arnold & Porter, United Kingdom |
| Elena Gutiérrez García de Cortázar | Independent Aribtrator and Professor at law, France |
| Clifford J. Hendel | Partner, Hendel IDR, Spain |
| Fernando Eduardo Serec | CEO and Head of the Litigation and Arbitration practice groups, Tozzini Freire Advogados, Brazil |
| María Inés Solá | Legal Counsel, Pan American Energy LLC, Argentina |
11 - 12 November Conference confirmed speakers
| John Adam | Partner, Lathan & Watkins, France |
| Christian Albanesi | Partner & Head of Latin American Arbitration, Linklaters, Washington DC, United States of America |
| Juan Pablo Argentato | Counsel, ICC International Court of Arbitration, Paris |
| David Arias | Partner, Herbert Smith Freehills, Spain |
| José Astigarraga | Partner, ReedSmith LLP, Miami, United States of America |
| Kate Brown de Vejar | Partner, Global Co-Chair of International Arbitration, DLA Piper Mexico, S.C., México |
| Juliana Castillo | Legal Director EMEA, Crown Europe, France |
| Eliseo Castineira | Partner, Castineira, France |
| Philippe Cavalieros | Partner, Simmons & Simmons LLP, France |
| Christian Conejero | Partner, Philippi Prietocarrizosa Ferrero DU & Uria, Chile |
| Eduardo Damião Gonçalves | Partner, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados; Vice President, ICC International Court of Arbitration, Brazil |
| Diana Droulers | Partner, Droulers & Asociados, Venezuela; Member, ICC International Court of Arbitration |
| Patricia Ferraz | Counsel, ICC International Court of Arbitration, São Paulo |
| Alexander G. Fessas | Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris |
| Claudia Frutos-Peterson | Managing Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington DC, United States |
| Valeria Galindez | Partner, Valença Galíndez Arbitragem, Brazil |
| Sandra González | Partner, Ferrere, Uruguay |
| Katherine González Arrocha | Director for the Americas, Arbitration & ADR, ICC International Court of Arbitration, Panama City |
| Elena Gutierrez Garcia de Cortazar | Independent Arbitrator & Professor at law, France |
| Mónica Jimenez | Alternate Member, ICC International Court of Arbitration, Colombia |
| Jennifer Kirby | Principal, Kirby Arbitration, France |
| Marek Krasula | Counsel, ICC International Court of Arbitration, New York |
| Carmen Martinez | Partner, Three Crowns LLP, United Kingdom |
| Alexis Mourre | President, ICC International Court of Arbitration, Paris |
| Kathleen Paisley | Partner, AMBOS Law, Belgium/United Kingdom; Co-Chair, ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings |
| Ina C. Popova | Partner, Debevoise & Plimptom LLP, New York, United States of America |
| Michael Polkinghorne | Partner, White & Case LLP, France; Council Member, ICC Institute of World Business Law |
| Fabiano Robalinho Cavalcanti | Partner, Escritório de Advocacia Sergio Bermudes Advogados Associados; Director, Brazilian Committe of Arbitration - CBAr, Brazil |
| José Rosell | International Arbitrator, Denmark |
| Ana Serra e Moura | Deputy Secretary General, ICC International Court of Arbitration, Paris |
| Josefa Sicard-Mirabal | Independent Arbitrator; Adjunct Professor of Law, Fordham University School of Law, New York, United States of America |
| Eduardo Silva Romero | Partner, Dechert LLP, France |
| Maria del Carmen Tovar | Partner, Estudio Echecopar, Baker Mckenzie, Peru |
| Deva Villanúa Gómez | Partner, Armesto & Asociados, Spain |
| Conna A. Weiner | Arbitrator; former in-house counsel, Novartis; Vice-Chair for the Northeast Arbitration Subcommittee for USCIB/ICC USA |
| Anne Marie Whitesell | Professor and Faculty Director, Program on International Arbitration and Dispute Resolution, Georgetown University Law Center, Washington DC, United States of America |
| Alberto Zuleta-Londoño | Partner, Holland & Knight, Colombia |
| Dates and venue | Dates: 10-12 November 2019 Venue: The Mandarin Oriental Miami 500 Brickell Key Drive, Miami, FL, United States |
| Registration fees |
ICC Institute Advanced Training 17th ICC Miami Conference Discount Package: Training and Conference (-20%) Accompanying person for social events only Registration fees include all conference and/or seminar documentation, coffee breaks, lunches and cocktail reception. |
| Special discounts |
Group rates: Register 5 persons from the same company and pay for four. |
| 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. |
| Visa | 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 language | English, Portuguese and Spanish |
| Credits and hours | ICC 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 policy | 50% 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. |
| 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. |
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Over 600 people from 40 countries, mostly in Latin America, are expected to attend.
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