ICC YAAF - Don’t cut what you can untie: Facilitating agreement in international arbitration

04 Sep 2024

Lima Spanish
Start: 09:00 (Lima Time Zone) - End: 12:00 (Lima Time Zone)

This ICC YAAF event will analyse how arbitration could promote amicable dispute resolution.

The International Chamber of Commerce Young Arbitration & ADR Forum (ICC YAAF) is organizing an event to discuss opportunities to promote amicable dispute resolution in international arbitration. 

Multi-tiered dispute resolution clauses offer parties multiple opportunities to resolve disputes by moving through different stages of the resolution process. There are advantages and challenges that need to be considered, along with best practices for drafting these clauses to ensure they are effective. Arbitral Tribunals have developed strategies to encourage agreements between disputing parties through proactive measures that promote settlements before a formal decision is needed. Key actions by tribunals include organizing settlement conferences and providing preliminary views on cases to guide parties towards realistic settlements. However, promoting mediation carries risks, such as perceived bias or coercion, which can undermine neutrality and trust. The event will also cover how to manage these risks and explore ways to encourage mediation while maintaining impartiality and integrity.

Open to those aged 40 and under, YAAF provides opportunities for individuals to gain knowledge, develop their skills and understand ICC’s arbitral procedure and other dispute resolution services.

(Lima Time Zone)

09:00 - 09:15

Welcome Remarks 

  • Ricardo Ampuero, ICC YAAF Latin American Chapter Representative, Lima

09:15 - 10:30

Multi-tiered Dispute Resolution Clauses: This panel will explore the nature and trends in using multi-tiered dispute resolution clauses. The discussion will include an analysis of the advantages and challenges associated with each stage of the dispute resolution process. Additionally, the panel will cover alternatives and best practices for drafting these clauses to prevent pathologies and ensure agreements are upheld. 

Speakers:

  • Verónica De Noriega, Partner, Simons & De Noriega Abogados, Lima
  • Juan Manuel Rey, Partner, Cuatrecasas, Santiago de Chile
  • Humberto Sáenz, Partner, Novis Estudio Legal, San Salvador

Moderated by: 

  • Andrea Espejo, Senior Associate, Estudio Echecopar asociado a Baker & McKenzie, Lima

10:30 - 11:00

Coffee break.

11:00 - 12:15

Facilitating amicable dispute resolution in arbitration: This panel will explore a range of techniques aimed at achieving agreements between parties involved in arbitration, like case management techniques, providing preliminary views, bifurcation of the arbitration and mediation windows. Additionally, the panel will examine how tribunals can actively promote amicable agreements without compromising the integrity and impartiality of the arbitration process.

Speakers:

  • Elisa Botero, Partner, Curtis, New York

  • Cristina Ferraro, Partner, Estudio Miranda & Amado Abogados, Lima

  • Eric Franco, Partner, Legal Delta, Lima

Moderated by: 

  • José Steck, Partner, Steck Tapia Collantes Abogados, Lima

12:15 - 12:30

Closing Remarks

  • Patricia Ferraz, ICC Director of Arbitration & ADR for Latin America

Ricardo Ampuero

ICC YAAF Latin American Chapter Representative, Lima

Andrea Espejo

Senior Associate, Estudio Echecopar asociado a Baker & McKenzie, Lima

Cristina Ferraro

Partner, Estudio Miranda & Amado Abogados, Lima

Patricia Ferraz

Director, Arbitration and ADR, Latin America, ICC Dispute Resolution Services

Eric Franco

Partner, Legal Delta, Lima

Verónica De Noriega

Partner, Simons & De Noriega Abogados, Lima

Juan Manuel Rey

Partner, Cuatrecasas, Santiago de Chile

Humberto Sáenz

Partner, Novis Estudio Legal, San Salvador

José Steck

Partner, Steck Tapia Collantes Abogados, Lima

Venue

NOS PUCP, Av. Camino Real 1037, San Isidro, Peru

ICC DRS LATAM

iccdrs-latam@iccwbo.org

Organiser

Sponsors

What is ICC YAAF?

At ICC, we believe that through training and mentorship, we can shape the next generation of leading international arbitration and ADR experts. Through the ICC Young Arbitration and ADR Forum (YAAF) network, we are able to better inform, connect and inspire young professionals with interests in dispute resolution and dispute avoidance.

Throughout the world, ICC YAAF organises a number of educational and social events that allow young professionals to discover best practices, discuss topical issues, network and create meaningful connections with experienced practitioners.

Learn more about ICC YAAF Join the network

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