International Alternative Dispute Resolution Options for Today s Global Commercial Transactions

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Vivien Hamilton
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practices and tips utilized by experienced international business and ADR practitioners.

1 São Paulo, Brazil 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 29, 2012 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 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 CONFERENCE SPONSORS: In Cooperation with: Asociación Latinoamericana de Arbitraje Associação Latinoamericana de Arbitragem International Alternative Dispute Resolution Options November 29,

3 Conference Chair Mauricio Gomm Santos Conference Organizing Committee Luis Martinez Richard Naimark Mark Appel Steve Andersen Michael Lee Thomas Ventrone CONFERENCE GOALS International Alternative Dispute Resolution Options for Today s Global Commercial Transactions assembles a panel of international business and ADR experts 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 speculation on what lies ahead for international business and ADR in this post-crisis era of global commercial transactions. International Alternative Dispute Resolution Options November 29,

4 PROGRAM AGENDA 8:30-9:00 Registration and Coffee 9:00-9:15 Welcome Remarks Luis Manuel Martinez, Vice President, International Centre for Dispute Resolution, New York; President Inter-American Commercial Arbitration Commission, New York Roberto Pasqualin, President, The Arbitration Center of American Chamber of Commerce of São Paulo (AMCHAM) Mauricio Gomm Santos, Conference Chair, Smith International Legal Consultants, Miami The Sessions A moderator will introduce each session, followed by topic-specific presentations and discussion. Speakers will reveal the approaches and best practices that they employ. Audience participation with a question-and-answer period ends each session. 9: 15-11: 00 Session I: Corporate Counsel s Strategy and Role in International Dispute Resolution The successful outcome of an international arbitration or mediation is the resolution of a business dispute in a timely and cost-effective manner. As with any process, international dispute resolution needs to be managed carefully in order to assure the quality of its output. Corporate counsel can employ measures to ensure that the outcome meets the expectation of their companies. Sharing the strategies they have developed over the years, the panelists will point out pertinent considerations for corporate counsel to address, including the best practices that provide the basis for the conflict-management policies they utilize for their own international commercial transactions. Topics include: Perspectives on establishing the conflict-management policy. Drafting the dispute resolution clause, arbitration, mediation, litigation. Selecting, coordinating and participating with outside counsel. Selecting the arbitrator. Saving time and money. Structuring the arbitration. Additional topics and questions submitted by the audience faculty * Carlos Borromeu,Legal Director, Petrobrás, Rio de Janeiro * Julio Jacob Junior, Legal Director, Copel, Curitiba * Kelly Magalhães Faleiro, Legal Director, Construtora Norberto Odebrecht, Lisboa * Daniela Camara Maurer, Legal Director, Construtora Andrade Gutierrez, São Paulo * Alberto Sanz Sogayar, Legal Director, Construtora Queiroz Galvão, Rio de Janeiro * Joaquim Ferraz-Martins, Legal Director, Renault do Brasil, Curitiba * Camilo Wittica, Legal Director, Electrolux do Brasil, Curitiba moderator * Joaquim de Paiva Muniz, Trench, Rossi & Watanabe, São Paulo International Alternative Dispute Resolution Options November 29,

5 PROGRAM AGENDA (cont.) 11: 00-11: 15 Break (Coffee/Tea) 11:15-12:45 Session II: International Dispute Resolution Report: Rapid-Fire Discussion FOCUS: Selected Industries Incorporating International ADR An exciting and quick-moving session covering key legal and practice developments pertaining to select industries with established practices using international arbitration and mediation. In rapid succession, industry experts will answer questions and provide updates on the current state of affairs in their designated industry (including unique aspects, trends, areas of concern and promise, key cases, best practices, and what the future holds for the use of international ADR in their fields) all under tight time frames managed by the moderator. Conference attendees will have the rare opportunity to listen, compare, and analyze the international dispute resolution landscape relating to industries that dominate global commerce as presented by highly respected expert representatives from around the world. Topics include: Corporate. Electric Sector. Insurance and Reinsurance. Intellectual Property. International Construction and Infrastructure Development. Oil and Gas. faculty * Clávio Valença Filho, Valença Advogados, Recife * Cesar Pereira, Justen, Pereira, Oliveira & Talamini Advogados, Curitiba * Ruy Dourado, Arap. Nishi and Uyeda Advogados, São Paulo * Rafael Villar Gagliardi, Demarest e Almeida Advogados, São Paulo * Waldemar Deccache, Deccache Advogados, São Paulo moderator * Maria Lucia Cantidiano, Motta Fernandes, Rio de Janeiro 12:45-14:45 Lunch: Hot Topics on Arbitration in Brazil: Round Table * Adriana Braghetta, President CBAr, LO Baptista Advogados, São Paulo (Moderator) * Carlos Alberto Carmona, Marques Rosado, Toledo Cesar e Carmona, São Paulo * Selma Ferreira Lemes, Selma Lemes Advogados, São Paulo * Pedro Batista Martins, Independent Arbitrator, Rio de Janeiro International Alternative Dispute Resolution Options November 29,

6 PROGRAM AGENDA (cont.) 14:45-16:15 Session III: International Dispute Resolution Report: Rapid-Fire Discussion FOCUS: United States An exciting and quick-moving session covering key legal and practice developments pertaining to the United States. In rapid succession, experts will answer questions and provide updates on the current state of affairs in international arbitration and what the future holds for international ADR in the United States, as well as other relevant topics all under tight time frames managed by the moderator. Conference attendees will have the rare opportunity to listen, compare and analyze the international dispute resolution landscape as presented by highly respected expert representatives from the United States. Topics to be explored include: Recent important cases. Various seats in the USA for international arbitration. Document exchange, discovery, Article 1782, ICDR Guidelines on the Exchange of Information. Interim relief and ICDR Article 37 cases. Manifest disregard of the law. Enforcement of arbitral awards. Additional topics and questions submitted by the audience faculty * Julie Bédard, Skadden, Arps, Slate, Meagher & Flom, New York * John Fellas, Hughes Hubbard Reed LLP, New York * Anibal Sabater, Fulbright & Jaworski LLP, Houston * Luis Manuel Martinez, Vice President, International Centre for Dispute Resolution, New York moderator * Oliver J. Armas, Chadbourne & Parke LLP; New York 16:15-16:30 Break (Coffee/Tea) International Alternative Dispute Resolution Options November 29,

7 PROGRAM AGENDA (cont.) 16:30-18:00 Session IV: The International Arbitrator s Round Table: What Are the Issues? What Really Works? The leading international arbitrators believe they know what works and what doesn t. Find out from their viewpoint: What are the hallmarks of effective advocacy? How do they manage to tiptoe through procedural minefields? How do they manage an international arbitration efficiently? What are their most memorable experiences in international arbitration? What is the best approach to render a reasoned and enforceable award? How do you encourage positive panel dynamics and how do you deal with problem co-arbitrators? These and other procedural and substantive questions will be discussed during this moderated session. Topics include: Panel dynamics. Effective advocacy. Conflicts and disclosures: the current trend. Common Law and Civil Law: are we seeing an internationally accepted practice of document disclosure and privilege? Witness statements and presenting testimonial evidence. Additional topics and questions submitted by the audience faculty * Cristián Conejero Roos, Cuatrecasas, Gonçalves, Pereira Advogados, São Paulo * Fernando Eduardo Serec, Tozzini Freire, São Paulo * Tarcísio Araújo Kroetz, Hapner & Kroetz Advogados, Curitiba * Marcio Vieira Souto Costa Ferreira, Sergio Bermudes Advogados, Rio de Janeiro * Guido Santiago, Tawil, M & M Bomchil, Buenos Aires moderator * Adriana Noemi Pucci, Adriana Noemi Pucci Sociedade de Advogados, São Paulo 18:00-18:15 Closing Remarks: * Mauricio Gomm Santos, Conference Chair, Smith International Legal Consultants, Miami * Roberto Pasqualin, President, The Arbitration Center of American Chamber of Commerce of São Paulo (AMCHAM) International Alternative Dispute Resolution Options November 29,

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 CLE credit (2 Skills and 5.5 Professional Practice) - 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 1633 Broadway, 10th 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 Register Directly with Amcham AMCHAM - SÃO PAULO - BRAZIL Rua da Paz Chácara Santo Antônio -, SP Arbitration Center of AMCHAM Secretariat : Noemia Julia Silva, Tel: International Alternative Dispute Resolution Options November 29,

9 REGISTRATION FORM Please type or print. Mr./Sr. Mrs. Mrs. Dr. Name: Company: Address: City: Province/State: Zip/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 International Alternative Dispute Resolution Options November 29,

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

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