Coverage

Subjective pricing evaluations and competition to blame for most M&A disputes, argee panelists

Subjective pricing evaluations and competition to blame for most M&A disputes, argee panelists

14 May 2018

Panelists speaking at this year’s Latin Lawyer-GAR Arbitration summit agreed the subjective nature of evaluating a company’s value and a "buy the company yesterday" culture is why so many M&A deals are ending in arbitration.

Statutes not the answer to enforcing arbitral awards against non-signatories

Statutes not the answer to enforcing arbitral awards against non-signatories

27 April 2018

Speakers at the Latin Lawyer-GAR Live 2nd Annual Arbitration Summit – held yesterday in Miami – agreed that arbitration courts should regulate the role of parties who have not consented to arbitration on a case-by-case basis, and that international statues could not provide an answer.

Utilise white-collar crime lawyers in arbitration, urge panelists

Utilise white-collar crime lawyers in arbitration, urge panelists

22 May 2018

White-collar crime lawyers as well as practitioners from other legal disciplines should be used more often during arbitration proceedings, agreed panelists speaking at this year’s Latin Lawyer-GAR Arbitration Summit.

Panelists question Miami’s arbitration credentials

Panelists question Miami’s arbitration credentials

20 June 2018

Delegates voted in favour of Miami being a world-class seat for arbitration at this year’s Latin Lawyer – GAR Annual Arbitration Summit, but panelists were more cautious, agreeing much of its popularity in Latin America was down to its location.

Chairs

Adriana Braghetta

L. O. Baptista, São Paulo

She co-coordinates the arbitration team in the firm. Has 20 years of experience in judicial disputes and in national and international arbitration, acting both as a lawyer and an arbitrator. Her practice comprises civil, commercial and corporate matters, in a wide range of sectors (energy, construction, real state, software, franchising, pharmaceutical, banking, among others).

Jonathan C. Hamilton

White & Case, Washington, DC

Jonathan C. Hamilton is Partner and Head of Latin American Arbitration with global law firm White & Case. He is a leading authority on international disputes and investment, with extensive additional experience in complex negotiations and crisis management.

Speakers

Adolfo Jiménez

Holland & Knight, Miami

Agustin Sanz

Three Crowns, Washington, DC

Aníbal Sabater

Chaffetz Lindsey, New York

Anil Shivdasani

Wells Fargo Distinguished Professor of Finance, Kenan-Flagler Business School, University of North Carolina, Chapel Hill

César Coronel Jones

Coronel & Pérez, Guayaquil

Cristina Pérez Soto

Jones Day, Miami

Daniel Fridman

White & Case, Miami

Felipe Ossa

Claro & Cía, Santiago

Gaela Gehring Flores

Arnold & Porter Kaye Scholer, Washington, DC

Gerardo Lozano Alarcón

DLA Piper, Mexico City

Grant Hanessian

Baker McKenzie

Hunter Carter

Arent Fox, New York

Ian Meredith

K&L Gates, London

José Martínez de Hoz

Martínez de Hoz & Rueda, Buenos Aires

Julissa Reynoso

Winston & Strawn, New York

Margarita Sánchez

Disan, Washington DC

Paula Forgioni

Full Professor of Commercial Law, University of São Paulo, São Paulo

Quinn Smith

GST, Miami

Richard Lorenzo

Hogan Lovells, Miami

Rodrigo Jijón-Letort

Pérez Bustamante & Ponce, Quito

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ opening remarks

Adriana Braghetta, L. O. Baptista, São Paulo
Jonathan C. Hamilton, White & Case, Washington, DC

9.30: Non-signatories and Arbitration: The dilemma of enforcing arbitral awards against non-signatories and implications for contract certainty

It’s a common question: when does an arbitration clause bind a party that didn’t sign it? Courts across the world have battled with this question and often come up with differing verdicts. Our panel, made up of leading transactional and arbitration names, will explore what consent looks like in different jurisdictions and whether contract certainty is possible. Topics include:

  • Legal frameworks, rules, and doctrine on consent by non-signatories
  • Implications for corporate personhood and risks for parent/affiliate entities
  • Involvement and role of sovereigns in commercial arbitration
  • The effectiveness of enforcing awards involving non-signatories

Moderator:
Agustin Sanz, Three Crowns, Washington, DC

Panel:
César Coronel Jones, Coronel & Pérez, Guayaquil
José Martínez de Hoz, Martínez de Hoz & Rueda, Buenos Aires
Gerardo Lozano Alarcón, DLA Piper, Mexico City
Ian Meredith, K&L Gates, London

11.00: Coffee break

11.30: M&A and Arbitration: The growing complexity of M&A disputes

Arbitration is proving ever-more popular throughout the region to resolve M&A disputes, which in turn is compelling a greater complexity and depth to the region’s caseload of transactional disputes. This panel will investigate why arbitration is proving so popular, including for such reasons as confidentiality, procedural flexibility, and enforceability. The discussion will also cover the complexities of particular types of disputes, both pre-closing, including breach of pre-contractual instruments; and post-closing, including contractual representations, warranties, and purchase price adjustment.

Moderator:
Richard Lorenzo, Hogan Lovells, Miami

Panel:
Felipe Ossa, Claro & Cía, Santiago
Anil Shivdasani, Wells Fargo Distinguished Professor of Finance, Kenan-Flagler Business School, University of North Carolina, Chapel Hill
Paula Forgioni, Full Professor of Commercial Law, University of São Paulo, São Paulo
Grant Hanessian, Baker McKenzie

13.00: Networking lunch

14.30: Corruption and Arbitration: What have we learnt so far? 

Arbitration and anti-corruption legislation and investigations have risen in tandem in Latin America, throwing the spotlight on how the two interact and affect each other. Our distinguished multidisciplinary panel will investigate that nexus, including: how should one react when investigations are opened relating to contracts pursuant to an ongoing arbitration? What is the advisable course of action when conflicts between arbitration awards and separate lawsuits seeking indemnification arise?

Moderator:
Adriana Braghetta, L. O. Baptista, São Paulo

Panel:
Julissa Reynoso, Winston & Strawn, New York
Cristina Pérez Soto, Jones Day, Miami
Margarita Sánchez, Disan, Washington, DC
Daniel Fridman, White & Case, Miami

16.00: Coffee break

16.15: The GAR Live Inquisition – Miami as a seat for International Arbitration

Would you recommend Miami as the seat for international arbitration?

This question will be explored in the style of a US senate committee hearing, wherein a succession of witnesses are ‘grilled’ by a panel of GAR Live inquisitors.

Questions could include:

  • What are the advantages of conducting international arbitration in Miami?
  • How do the courts and laws of Florida support international arbitration?
  • How does Miami compare to other seats in the US (e.g. New York) and traditional seats (e.g. London, The Hague, Paris) and other seats in Latin America (e.g. São Paulo, Santiago, Bogotá)?
  • What is the perspective of foreign lawyers regarding Miami as a seat of arbitration?
  • Are there limitations to the participation of foreign lawyers?

Lead Inquisitor:
Jonathan C. Hamilton, White & Case, Washington, DC

Inquisitors:
Gaela Gehring Flores, Arnold & Porter Kaye Scholer, Washington, DC
Hunter Carter, Arent Fox, New York

Witnesses:
Adolfo Jiménez, Holland & Knight, Miami
Rodrigo Jijón-Letort, Pérez Bustamante & Ponce, Quito
Quinn Smith, GST, Miami
Aníbal Sabater, Chaffetz Lindsey, New York 

17.45: Chairs’ closing remarks

Adriana Braghetta, L. O. Baptista, São Paulo
Jonathan C. Hamilton, White & Case, Washington, DC

18.00 onwards: All delegates are invited to attend a drinks reception kindly hosted by L. O. Baptista

Venue

701 Brickell Avenue, Miami, Florida, 33131, 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

  • "All very good, interesting and timely"

    Robert Watson, Kobre & Kim

Prices

Private Practitioner
Type Price Until
Super Early $700  16 Mar 2018
Early $800 13 Apr 2018
Standard $900 26 Apr 2018

 

In-house/governmental
Type Price
Standard Complimentary