Coverage

Latin America becoming more attractive as arbitration seat

Latin America becoming more attractive as arbitration seat

28 April 2017

Local arbitration centres are developing stronger institutional rules and are increasingly viewed as an attractive destination for an arbitration seat, contributing to a Latinisation of arbitration, heard delegates at the debut Latin Lawyer - GAR Live Arbitration Summit held in Miami on Thursday.

Valuation time in investment cases is the sticking point, says arbitration panel

Valuation time in investment cases is the sticking point, says arbitration panel

26 May 2017

Panellists at the first Latin Lawyer-GAR Live Arbitration Summit agreed that determining a valuation date is one of the most challenging aspects of calculating damages in investment arbitration cases, but were divided on the usefulness of judicial bifurcations.

How essential is public law experience in investor-state cases?

How essential is public law experience in investor-state cases?

17 May 2017

A panel at the Latin Lawyer-GAR Live Arbitration Summit that considered the prerequisites for choosing an arbitrator was divided on whether arbitrators in investor-state cases should have extensive expertise in public international law, or whether commercial experience is more important.

Clear information and financial clarity help companies decide on arbitration

Clear information and financial clarity help companies decide on arbitration

23 May 2017

The way in which arbitration is pitched to companies has a significant bearing on whether they select it as a method of alternative dispute resolution; with financial companies being the most hesitant to do so, heard delegates at the first Latin Lawyer-GAR Arbitration Summit held in Miami last month.

International arbitration through the looking glass

International arbitration through the looking glass

01 June 2017

Panellists at the first Latin Lawyer-GAR Live Arbitration Summit debated whether international arbitration is moving into an era of too much transparency, in an Oxford Union-style debate before a panel of three judges which voted unanimously in favour of the motion.  

Chairs

Cristián Conejero Roos

Philippi Prietocarrizosa Ferrero DU & Uría, Santiago

Experience as counsel and arbitrator in complex arbitrations involving disputes in Construction and Infrastructure industry, Mining and Metals, Oil and Gas (upstream and downstream), and corporate disputes in general (shareholder's agreements, joint ventures, and acquisitions of companies).

Experience in treaty-based and contract-based investment arbitration and arbitrations against State sovereigns and instrumentalities.

José Astigarraga

Reed Smith, Miami

José I. Astigarraga (Partner) is one of only 12 lawyers in the United States ranked in the top band of leading arbitration practitioners by Chambers USA, which quotes sources who describe him as “‘a brilliant strategist who always has absolute command of the subject matter and is always prepared….’”

With roots as a commercial litigator in U.S. courts and over 30 years of experience, he defends and prosecutes substantial business disputes in state and federal courts in the U.S. Results achieved include the leading case of Paramedics Electromedicina Comercial, Ltda. v. GE Medical Information Technologies, Inc., 369 F. 3d 645 (2d Cir. 2004), which upheld an anti-suit injunction barring a Brazilian distributor from pursuing litigation in Brazil in violation of an arbitral covenant. 

Speakers

Roberto Aguirre Luzi

King & Spalding, Houston

Gabriel Alves da Costa

Senior Legal Counsel, Global Litigation, Latin America & Caribbean, Shell, Rio de Janeiro

Kate Brown de Vejar

Curtis, Mallet-Prevost, Colt & Mosle, Mexico City

Chloe Carswell

Reed Smith, London

Hagit Elul

Hughes Hubbard & Reed, New York

Marcelo Etchebarne

Cabanellas Etchebarne Kelly, Buenos Aires

Mark Friedman

Debevoise & Plimpton, New York and London

Valeria Galíndez

Uría Menéndez, São Paulo and Lisbon

Sandra González

Ferrere, Montevideo

Steven Greenspan

Vice President and Chief Litigation Counsel, United Technologies, Connecticut

Jonathan Hamilton

White & Case, Washington, DC

Fabrizio Hernández

NERA Economic Consulting, Madrid, London & Rome

Yasmine Lahlou

Chaffetz Lindsey, New York

Christian Leathley

Herbert Smith Freehills, New York

James Lloyd Loftis

Vinson & Elkins, Houston

Ari MacKinnon

Cleary Gottlieb Steen & Hamilton, New York

Kathleen Paisley

Ambos NBGO, Brussels

Eduardo Palinkas

Litigation Manager, Brazil, Latin America and Canada, Hewlett Packard Enterprise, São Paulo

Prof. Marike Paulsson

Director, International Arbitration Institute & Lecturer in Law, University of Miami, Miami

Klaus Reichert SC

Brick Court Chambers, London

Julissa Reynoso

Chadbourne & Parke, New York

Marco Schnabl

Skadden, Arps, Slate, Meagher & Flom, New York

Pedro Soares Maciel

Lefosse, São Paulo

Carlos Suplicy de Figueiredo Forbes

President, Center for Arbitration and Mediation of the Chamber of Commerce Brasil–Canada (CAM/CCBC), São Paulo

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ opening remarks

Cristián Conejero Roos, Philippi Prietocarrizosa Ferrero DU & Uría, Santiago
José Astigarraga, Reed Smith, Miami

9.10: The ‘Latinisation’ of arbitration

A look at the different practical aspects of conducting an arbitration in the region. Specific topics to be covered include:

  • The rise of local arbitration centres in international arbitration
  • Different approaches to document protection, expert witnesses, the process of the hearing
  • The role of third party funders
  • A look at how effective the IBA and ICC procedural rules are for the region

Moderator:
Cristián Conejero Roos, Philippi Prietocarrizosa Ferrero DU & Uría, Santiago

Panel:
Jonathan Hamilton, White & Case, Washington, DC
Marcelo Etchebarne, Cabanellas Etchebarne Kelly, New York
Christian Leathley, Herbert Smith Freehills, New York
Marco Schnabl, Skadden, Arps, Slate, Meagher & Flom, New York

10.10: Coffee break

10.40: How to choose an arbitrator: A masterclass

This session will discuss the factors that go into the selection of an arbitrator and the process for effectuating the selection, including the tools for conducting due diligence. It will also be a mock presentation of the analysis and process that parties and their counsel go through in order to decide on the ideal candidate for arbitrator based on hypothetical CVs and case histories. The participants will discuss the arbitrators’ known experience and perceived biases to make their selection.

Moderator:
Pedro Soares Maciel, Lefosse, São Paulo

Panel:
Kate Brown de Vejar, Curtis, Mallet-Prevost, Colt & Mosle, Mexico City
Hagit Elul, Hughes Hubbard & Reed, New York
James Lloyd Loftis, Vinson & Elkins, Houston
Roberto Aguirre Luzi, King & Spalding, Houston

12.10: Networking lunch

13.30: Question time with in-house counsel

International arbitration can flourish only if users make use of it. The decision of whether to use arbitration to resolve international business disputes involves a variety of considerations, including factors that are evolving. A panel of expert in-house counsel from companies that regularly use international arbitration to resolve disputes will discuss the factors that they consider when evaluating dispute resolution options and their current thinking about the advantages and disadvantages of each dispute resolution method, including meditation and the best practices their companies are applying.    

Moderator:
José Astigarraga, Reed Smith, Miami

Panel:
Eduardo Palinkas, Litigation Manager, Brazil, Latin America and Canada, Hewlett Packard Enterprise, São Paulo
Gabriel Alves da Costa, Senior Legal Counsel, Global Litigation, Latin America & Caribbean, Shell, Rio de Janeiro
Steven Greenspan, Vice President and Chief Litigation Counsel, United Technologies, Connecticut

14.30: Coffee break

14.50: The damages conundrum: How to effectively calculate damages

The fair and just calculation of damages can be one of the toughest aspects of a case for arbitration counsel to understand; communicating complex issues clearly and in a way tribunals can grasp can seem a Herculean task. This panel will investigate the legal principles behind the calculation of damages and the common use of experts in the field.

Moderator:
Sandra González
, Ferrere, Montevideo

Panel:
Fabrizio Hernández, NERA Economic Consulting, Madrid, London & Rome
Mark Friedman, Debevoise & Plimpton, New York and London
Kathleen Paisley, Ambos NBGO, Brussels

15.50: Coffee break

16.10: GAR Live debate

An Oxford Union-style debate before a panel of three judges.

Motion: Are we moving to an era of too much transparency in international arbitration?

Moderator:
Klaus Reichert SC
, Brick Court Chambers, London

Debaters:
Ari MacKinnon, Cleary Gottlieb Steen & Hamilton, New York
Chloe Carswell, Reed Smith, London
Yasmine Lahlou, Chaffetz Lindsey, New York
Julissa Reynoso, Chadbourne & Parke, New York

Judges:
Valeria Galíndez
, Uría Menéndez, São Paulo and Lisbon
Carlos Suplicy de Figueiredo Forbes, President, Center for Arbitration and Mediation of the Chamber of Commerce Brasil–Canada (CAM/CCBC), São Paulo
Prof. Marike Paulsson, Director, International Arbitration Institute & Lecturer in Law, University of Miami, Miami

17.40: Chairs’ closing remarks

Cristián Conejero Roos, Philippi Prietocarrizosa Ferrero DU & Uría, Santiago
José Astigarraga, Reed Smith, Miami

18.00 onwards: All delegates are invited to attend a drinks reception kindly hosted by Philippi Prietocarrizosa Ferrero DU & Uría

Venue

Southeast Financial Center, 200 South Biscayne Boulevard Miami, 33131-2352, USA

Testimonials

  • "The conference was a wonderful success" Hunter Carter, Arent Fox

  • "Overall content of the conference was very good, the speakers had great experience to share" Ernesto Vaz, Odebrecht Construction

Prices

Private Practitioner
Type Price Until
Super Early $USD 700  17 Mar 2017
Early $USD 800 14 Apr 2017
Standard $USD 900 27 Apr 2017

 

In-house/governmental
Type Price Until
Super Early $USD 250 27 Apr 2017