International Conflict Management: Arbitration and Mediation Options for Global Commercial Transactions. november 13, 2013

Transcription

1 AGENDA International Conflict Management: Arbitration and Mediation Options for Global Commercial Transactions Who ShoULD attend? attorneys, corporate counsel, business people, and others involved in international commercial transactions and the design of conflict-management policies will benefit from learning the best practices and tips utilized by experienced international business and adr practitioners. november 13, 2013 the international Centre for Dispute resolution (icdr ), the international division of the american arbitration association (aaa ), and the arbitration Centre of the american Chamber of Commerce (amcham), São paulo, bring together in-house counsel, transactional, and alternative dispute resolution (adr) attorneys and a panel of judges to explore the latest trends, legal framework, and conflict-management options for complex and evolving global commercial transactions. SimULtaneoUS translation available for english and portuguese agenda registration form CLe CreDit information

2 program AGENDA Keep up to date on agenda and program by following twitter: ConferenCe SponSorS Gomm & smith pa Cooperating organizations Asociación Latinoamericana de Arbitraje Associação Latinoamericana de Arbitragem NY AC New York International Arbitration Center international Conflict management: arbitration and mediation options for global Commercial transactions SÃO PAuLO, BRAZIL november 13,

3 media partners IBERIAN LAWYER Conference Chair Mauricio Gomm Santos Conference Organizing Committee Luis Martinez Richard Naimark Steve Andersen Mark Appel Michael Lee Thomas Ventrone CONFERENCE GOALS International Conflict Management: Arbitration and Mediation Options for Global Commercial Transactions assembles a panel of international business and ADR experts along with a special roundtable of judges to provide practitioners with important information and guidance on a range of international business transactions and the latest developments regarding conflict management options. This conference s special focus is on particular areas of growth and practical advice on how to avoid potential problems and enhance predictability for international business transactions. Attendees will participate in discussions of recent issues, cases, and trends and will speculate on what lies ahead for international business and ADR in this era of global commercial transactions. As each session unfolds, the panel of speakers will discuss the approaches and best practices that they employ. Each session of the program shall be introduced by a moderator, followed by topic-specific presentations and discussions. Audience participation with a question-and-answer period ends each session. 3

4 PROGRAM AGENDA 8:30-9:00 Registration and Coffee 9:00-9:15 Welcome Remarks Mauricio Gomm Santos, Conference Chair, Gomm & Smith, P.A., Miami Roberto Pasqualin, President, The Arbitration Center of American Chamber of Commerce of Luis Manuel Martinez, Vice President, International Centre for Dispute Resolution, Honorary President Inter-American Commercial Arbitration Commission, New York 9:15-11:00 Session I Corporate Counsel and Outside Counsel: Roles and Responsibilities from Clause Drafting through Arbitration Proceeding The successful outcome of an international arbitration or mediation is the resolution of a business dispute in a timely and cost-effective manner. Corporate counsel and outside counsel need to manage the process carefully in order to assure the quality of the process and improve the likelihood of a successful outcome. Working with outside counsel, corporate counsel can employ measures to ensure that the outcome meets the expectations of their companies. Sharing the strategies they have developed over the years, the panelists will point out pertinent considerations, issues, and strategies as they participate in an international arbitration. Best practices for coordinating responsibilities and maximizing the role of the team during each step of an international proceeding will be covered. Topics include: Perspectives on establishing the companies conflict-management policy. Agreement to arbitrate: issues to consider. Pros and cons in drafting multi-tier clauses. The importance of the seat and what to do if you cannot negotiate the preferable seat. Criteria and expectations in selecting the outside counsel. Interaction between in-house and outside counsel. Selecting the arbitrator. Saving time and money. Working with the administrative institution during the process. Additional topics and questions will be submitted by the audience. faculty * Carlos Borromeu, Legal Director, Petrobrás, Rio de Janeiro * Luciano Godoy, Former Legal Director, CSN, PVG Advogados, * Joaquim Ferraz-Martins, Legal Director, Renault do Brasil, Curitiba * Fernando Zanetti, Legal Director, Bunge Brazil, * Harry Burnett, King & Spalding LLP, New York * Marcelo Roberto Ferro, Ferro, Castro Neves, Daltro & Gomide Advogados, * Marcos Serra Netto Fioravanti, Siqueira Castro Advogados, moderator * Mauricio Gomm Santos, Conference Chair, Gomm & Smith, P.A., Miami 11:00-11:15 Break (Coffee/Tea) 4

5 PROGRAM AGENDA (Cont.) 11:15-13:00 Session II International Construction and Infrastructure Projects: The Latest Conflict-Management Options KPMG has reported forecasts of growth in Brazil s construction industry due to the World Cup and the Olympics, as well as global infrastructure projects anticipated to reach US $70 trillion in the next 40 years. This panel will focus on international arbitration and mediation as a conflict-management tool increasingly being utilized to resolve disputes in this growing and evolving industry. The experts will discuss the unique aspects of issues that may arise during the course of an international arbitration or mediation of a dispute stemming from a construction or infrastructure project and best practices to handle them. In addition, the audience will hear about the ICDR/AAA s mediation initiatives, including its International Mediation Rules and the newest AAA/ICDR division, Mediation.org. Topics include: Clause drafting issues, the rules, and administrator. Challenges when conflict arises. Selecting the arbitrator or mediator. Preparing for the arbitration or mediation. Construction and infrastructure arbitration and mediation best practices and issues to consider. Additional topics and questions will be submitted by the audience. faculty * Luis Fernando Alongi, Aequitas Consultoria, * Albert Bates Jr., Duane Morris LLP, Pittsburgh * Harold Coleman, Jr., Esq., SVP ICDR/AAA Mediation.org * Renato Grion, Pinheiro Neto Advogados, * Andrea Maia, FindResolution, Rio de Janeiro * Marcelo Inglez de Souza, Demarest Advogados, moderator * Fernando Marcondes, L.O. Baptista, Schmidt, Valois, Miranda, Ferreira & Agel, President of IBDIC, 13:00-15:00 Lunch Session III Roundtable Panel: The Judge s Perspective of International Arbitration The allocation of responsibility between international arbitration and national courts is part of the foundation on which arbitration law is constructed. Yet various countries strike the balance in different ways. In which ways are these approaches evolving in the U.S. and in Brazil? Sharing their views from the bench, this panel of judges will provide their perspectives regarding international arbitration. faculty * Hon. Sidnei Beneti, Justice, Brazilian Superior Court of Justice, Brasilia * Hon. Raoul Cantero, former Justice, Florida Supreme Court, White & Case, Miami * Hon. Judith S. Kaye, former Chief Judge of the State of New York, Of Counsel, Skadden, Arps, Slate, Meagher & Flom, LLP, New York * Hon. Ellen Gracie Northfleet, former Chief Justice of Brazilian Supreme Court, Rio de Janeiro moderator * Nadia de Araujo, Professor of International Private Law at PUC, Rio de Janeiro 5

6 PROGRAM AGENDA (Cont.) 15:00-16:30 Session IV Understanding the ICDR s International Arbitration System This session will focus on the practical aspects of participating in an international arbitration pursuant to the ICDR s International Arbitration Rules and its system of administration. The panel will provide an overview of the ICDR s process and issues to consider as the case progresses from initiation to the award. In addition, the speakers will discuss the ICDR s latest initiatives on rules and the benefits of its newest hearing facility in New York. Topics include: The ICDR s International Arbitration Rules and its administrative teams. Initiating your case and the administrative conference call. Selecting the arbitrator: conflicts and disclosures. The ICDR s preparatory conference: similarities and differences with Termo de Arbitragem. Discovery: Americanization of international arbitration or internationalization of American arbitration? ICDR s Guidelines on the Exchange of Information. Witness testimony. What to expect during the arbitral proceedings. Interim Relief and ICDR Article 37 cases. Additional topics and questions will be submitted by the audience. faculty * Eleonora Coelho, Castro, Barros, Sobral, Gomes, Advogados * John Fellas, Hughes Hubbard Reed LLP, New York * Grant Hanessian, Baker & McKenzie LLP, New York * Pedro Batista Martins, Independent Arbitrator, Rio de Janeiro * Fernando Eduardo Serec, Tozzini Freire, * Clávio Valença, Valença Advogados, Recife * Luis Manuel Martinez, Vice President, International Centre for Dispute Resolution, New York moderator * Carlos Alberto Carmona, Marques Rosado, Toledo Cesar e Carmona, 16:30-16:45 Break (Coffee/Tea) 6

7 PROGRAM AGENDA (Cont.) 16:45-18:15 Session V The International Arbitration Debates: The Audience Decides Rapid-Fire Debate & Vote Leading international arbitration experts discuss important topics in the field of international ADR in this exciting, quick-moving session covering key legal and practice questions. In rapid succession, the experts will answer and debate questions under tight time frames managed by the moderator. Conference attendees will vote on each question just debated by the experts and instantaneously see the results. (Results will be reported in an upcoming ICDR newsletter.) Topics include: What should be the expected practice regarding conflicts and disclosures in international arbitration? Will multi-tiered clauses be enforced in Brazil? Other jurisdictions? Is the principle of Iura Novit Curia applicable to international arbitration? Should a bankruptcy filing in either Brazil or the United States prohibit the continuation of an arbitration seated in either Brazil or the United States? Additional topics and questions will be submitted by the audience. faculty * Oliver J. Armas, Hogan Lovells LLP, New York * Isabel Cantidiano, Motta, Fernandes Rocha Advogados, Rio de Janeiro * Eduardo Damião Gonçalves, Mattos Filho Advogados, * James Hoskings, Chaffetz Lindsey LLP, New York * Tarcísio Araújo Kroetz, Hapner & Kroetz Advogados, Curitiba * Pedro Soares Maciel, Veirano Advogados, * Daniel Chacur de Miranda, Sergio Bermudes Advogados, Rio de Janiero * Cristiano Travassos, Mello, Miranda, Travassos & Buschmann Advogados, moderator * Lauro Gama Jr., President of CBAr, Partner at BGCB, Rio de Janeiro 18:15-18:30 Closing Remarks Mauricio Gomm Santos, Conference Chair, Gomm & Smith, P.A., Miami Roberto Pasqualin, President, The Arbitration Center of American Chamber of Commerce of 7

8 REGISTRATION INFORMATION Full payment must be received in order to process registration. Conference registration fees include admission to all sessions, along with the course materials, luncheon, and breaks as outlined in the program agenda. Cancellation Policy: Please note that space availability is limited. Should you need to cancel your registration, a refund of 50% of the registration fee paid is available until November 01, We regret that no refunds can be made after that date. Substitutions can be made at any time. Language: English and Portuguese. Simultaneous translation will be available. Materials: All materials will be available at the conference. CLE Credit Information: This program has been approved by New York State for a total of 7.5 hours of transitional/non-transitional Professional Practice CLE credit - NY State scholarship will be available upon request. The American Arbitration Association is a Registered Provider with the State Bar of California and therefore this program is also eligible for 6.5 hours of general MCLE credits. The AAA will not be offering CLE in any other jurisdiction but can provide a Uniform Certificate of Attendance for individuals to apply for their jurisdiction s CLE. FIVE WAYS TO REGISTER Fax Mail completed form (on next page) to: attention: Jason Cabrera completed form to: international Centre for Dispute Resolution 120 Broadway, 21 st Floor new York, NY attention: Jason Cabrera Venue AMCHAM - SÃO PAULO - BRAZIL Rua da Paz Chácara Santo Antônio -, SP Arbitration Center of AMCHAM Secretariat: Noemia Julia Silva, Tel: Register Online details to: CabreraJ@adr.org attention: Jason Cabrera at Click on the course calendar and select the Sao Paulo, Brazil november 13, 2013 program. Register Directly with AMCHAM AMCHAM - SÃO PAULO - BRAZIL rua da Paz Chácara Santo Antônio -, SP arbitration Center of AMCHAM Secretariat : Noemia Julia Silva, tel:

9 REGISTRATION FORM Please type or print. Mr./Sr. Ms. Mrs. Dr. Name: Job Title: Company: Address: City: Province/State: Postal Code: Country: Tel: fax: Method of Payment $ USD charged to the following card: Visa Mastercard American Express Name on Credit Card: Card Number: Expiration Date: CSV#*: Signature: *The three-digit code on the back of VISA and MasterCard cards and the four-digit code on the front of American Express cards. For more information or any questions, please call ICDR Jason Cabrera at

10