Arbitration in Latin America: DR-CAFTA, FTAs, BITs and Commercial Arbitration Involving States

Transcription

1 A conference presented by the IBA Arbitration Committee, the IBA Latin American Regional Forum and the ICC International Court of Arbitration Up to 6 CPD hours available * Arbitration in Latin America: DR-CAFTA, FTAs, BITs and Commercial Arbitration Involving States 25 August 2009 Real InterContinental & Club Tower Hotel, San Jose, Costa Rica Sessions include: International commercial arbitration involving state parties. BITs: the veterans, the rebels and the rookies. Experience, politics, human rights and investment arbitration. FTAs versus BITs? DR-CAFTA: its impact in years to come. Who should attend? Arbitrators, litigators, judges, government officials, and all those involved in dispute resolution. A conference not to be missed, featuring an unrivalled list of leading speakers *As per Law Society of England and Wales. The number of CPD points/ hours available may vary for other bar associations and law societies depending on their criteria.

2 Programme In addition to the sessions in San Jose on 25 August, sessions will also take place in Punta Cana on 28 August. Delegates are able to register for both the San Jose and the Punta Cana sessions at a discounted rate of US$275 for each set of sessions. To receive the discount, delegates must register by hard copy for each set of sessions individually. Please see the General information section and the Registration form for further details. Tuesday 25 August Conference Co-Chairs John Beechey Chairman of the ICC International Court of Arbitration, Paris Guido Santiago Tawil M & M Bomchil, Buenos Aires; Co-Chair, IBA Arbitration Committee Registration at Real InterContinental & Club Tower Hotel Welcome Fernando Peláez-Pier Hoet Peláez Castillo & Duque, Caracas; IBA President Opening remarks John Beechey Guido Santiago Tawil International commercial arbitration involving state parties Session Chair John Beechey Lunch FTAs versus BITs? Session Chair Eduardo Zuleta Gomez-Pinzón Zuleta Abogados, Bogota; Secretary, IBA Arbitration Committee Speakers José Antonio Rivas Director of Foreign Investment and Services, Ministry of Trade, Industry and Tourism of the Republic of Colombia, Bogota Julie Bédard Skadden Arps Slate Meagher & Flom LLP, New York; Young Lawyers Liaison Officer, IBA Arbitration Committee Andrés Jana Linetzky Bofill Mir & Alvarez Hinzpeter Jana, Santiago Barton Legum Salans SCP, Paris; Vice-Chair, IBA State Mediation Subcommittee of the IBA Mediation Committee Coffee break San Jose, Costa Rica Speakers Juan Fernández-Armesto Armesto & Asociados, Madrid; Vice-Chair, IBA Arbitration Committee Alexis Mourre Castaldi Mourre & Partners, Paris; Vice-Chair, IBA Arbitration Committee José Ricardo Feris Counsel, ICC International Court of Arbitration, Paris Claus Von Wobeser Von Wobeser y Sierra SC, Mexico City; Vice-Chair, ICC International Court of Arbitration; Officer, IBA World Trade Organisation Working Group Projects Coffee break BITs: the veterans, the rebels and the rookies. Experience, politics, human rights and investment arbitration Session Chair Guido Santiago Tawil Speakers Nigel Blackaby Freshfields Bruckhaus Deringer LLP, Washington DC; Chair, Investment Treaty Arbitration Subcommittee of the IBA Arbitration Committee Oscar Garibaldi Covington & Burling LLP, Washington DC Jonathan Hamilton White & Case LLP, Washington DC Martin Valasek Ogilvy Renault LLP, Montreal DR-CAFTA CAFTA: its impact in years to come Session Chair Dyalá Jiménez Figueres Bofill Mir & Alvarez Hinzpeter Jana, Santiago Speakers Arif Hyder Ali Crowell & Moring LLP, Washington DC Esteban Agüero Güier Director of International Commercial Negotiations of the Ministry of Foreign Trade of the Republic of Costa Rica, San Jose Rodrigo Oreamuno Facio & Cañas, San Jose 1800 Closing remarks Katherine González Arrocha Director for Latin America, ICC Court of Arbitration, Panama City Eduardo Zuleta 2000 Hosted reception Offered by the Host Committee Host Committee Arias y Muñoz BLP Abogados Consortium Laclé & Gutiérrez Lexincorp André Tinoco Pacheco Coto Zürcher Odio Raven Continuing Professional Development / Continuing Legal Education For delegates from countries where CPD/CLE is mandatory, the International Bar Association will be pleased to provide a Conference Certificate of Attendance which, subject to the exact CPD/CLE requirements, may be used to obtain the equivalent accreditation in your jurisdiction. This conference has been accredited for CPD/CLE by the Law Society of England and Wales. Delegates should ask staff at the registration desk for information as to how to obtain the hours. The organisers may at any time, with or without giving notice, in their absolute discretion and without giving any reason, cancel or postpone the conference, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, neither the organisers nor any of their officers, employees, agents, members or representatives shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with the conference unless they are satisfied not only that the money in question remains under their control but also that the person who paid it has been unfairly prejudiced (as to which, decision shall be in their sole and unfettered discretion and, when announced, final and conclusive).

3

4 General information Date 25 August 2009 Venue Real InterContinental & Club Tower Hotel Prospero Fernandez HWY San Jose, Costa Rica Tel.: (506) Fax: (506) Website: intercontinental/en/gb/locations/overview/ costarica-sanjose Language All working sessions and conference materials will be in English. How to register Register online at conferences/conf288/ and make payment by credit card to avail of the ten per cent online registration discount or complete the attached registration form and return it to Lucy Leal at the IBA Brazil office together with your payment. Fees Online registrations received: on or before after 23 July 23 July IBA member US$300 US$490 Non-member* US$490 US$680 Young lawyers (under 30) US$210 US$680 Academics / judges US$210 US$680 Senior lawyers** US$210 US$680 Corporate counsel US$270 US$680 Hard copy registration forms and fees received: on or before after 23 July 23 July IBA member US$330 US$545 Non-member* US$545 US$755 Young lawyers (under 30) US$235 US$755 Academics / judges US$235 US$755 Senior lawyers** US$235 US$755 Corporate counsel US$300 US$755 Fees include Attendance at all working sessions on 25 August Conference materials, including any available speaker papers submitted to the IBA Access to the above conference working materials from the IBA website ( approximately seven days prior to the conference Lunch on 25 August Tea and coffee during breaks Invitation to hosted reception on 25 August SPECIAL FEE IF ATTENDING SESSIONS IN SAN JOSE AND PUNTA CANA In addition to the sessions in San Jose on 25 August, sessions will also take place in Punta Cana on 28 August. Delegates are able to register for both the San Jose and the Punta Cana sessions at a discounted rate of US$275 for each set of sessions. To receive the discount, delegates must register by hard copy for each set of sessions individually, and tick the box on the Registration form indicating they wish to attend both sets of sessions. Register for San Jose by completing the attached Registration form and download the form to register for Punta Cana at do/formularios/registrationform.pdf Fees Hard copy registration forms and fees received: on or before after 10 Aug 10 Aug IBA or ICC member US$275 (each) US$300 (each) Non-members* US$300 (each) US$330 (each) * By paying the non-member fee, we welcome you as a Delegate Member of the IBA for the year in which this conference is held, which entitles you to the following benefits: (1) Password access to certain parts of the IBA website. (2) Receipt of IBA E-news and access online versions of International Bar News. (3) Pay the member rate for any subsequent conference registrations for this calendar year. (4) Take advantage of IBA Member Rewards. ** Criteria: 65 years or over, and a member of the IBA for 20 years or more, and no longer engaged in private practice. Full payment must be received in order to process your registration. Please note that registrations are not transferable. List of participants In order for your name to appear in the San Jose list of participants, which will be distributed at the conference, your registration form must be received by 19 August at the latest. Payment of registration fees US dollars: by bank transfer to the IBA until 23 July at HSBC, account number , branch 0223 (Avenida Paulista), SWIFT code BCBBBRPR, address Avenida Paulista, 949-A, São Paulo, SP , Brazil, IBA CNPJ / Use an exchange rate of US$1/R$2.2 Please pay all bank charges so that the IBA receives the full invoiced amount. Please ensure that a copy of the bank transfer details is attached to your registration form. PLEASE ENSURE THAT YOUR NAME APPEARS ON ANY TRANSFER OR DRAFT. Credit card payments: by Visa, MasterCard or American Express. No other cards are accepted. Cancellation of registration If cancellation is received in writing at the IBA office by 23 July, fees will be refunded less a 25 per cent administration charge. We regret that no refunds can be made after this date. Travel arrangements and visas Participants are responsible for making their own travel arrangements. It is recommended that you check your visa requirements with your local embassy or consulate. We are unable to send out letters supporting visa applications to embassies prior to receipt of your registration form and full payment of registration fees. Please apply for your visa in good time. Hotel accommodation A limited number of rooms have been reserved at Real InterContinental & Club Tower Hotel for the nights of August. The following rates are per room, per night, inclusive of buffet breakfast and exclusive of service charges and local taxes. Real InterContinental & Club Tower Hotel Prospero Fernandez HWY San Jose, Costa Rica Tel: (506) Fax: (506) fernando.salas@realhotelsandresorts.com Standard or deluxe / Double or single room: US$ Club Tower room: US$ Cancellation and no-show policy Any cancellation made within 48 hours before arrival will incur a cancellation fee of one night charge. Please complete the attached accommodation form and send it direct to the hotel to make your reservation. The hotel requires a credit card number to secure your reservation. Please note that any reservation made after 23 July will be subject to availability and cannot be guaranteed at the special IBA rate. As a limited number of rooms have been blocked at the hotel, availability cannot be guaranteed once the room block is full. Delegates are responsible for making accommodation reservations directly with the hotel and enter into an agreement with the hotel regarding credit card guarantees, cancellation terms and conditions, and room rates (should these differ from the special IBA rate). The IBA cannot accept responsibility for hotel accommodation disputes between a delegate and the hotel. Disabled access The Real InterContinental & Club Tower Hotel is wheelchair accessible. Please notify us if you require special assistance. Hotel accommodation in Punta Cana If attending both days, please visit www. camarasantodomingo.org.do/formularios/ registrationform.pdf to obtain accommodation information for Punta Cana. Promotional literature Please note that no individual or organisation may display or distribute publicity material or other printed matter during the conference, unless by prior arrangement with the IBA. Organisations and companies wishing to discuss promotional opportunities should contact Andrew Webster-Dunn at the IBA andrew. webster-dunn@int-bar.org

5 Registration form Arbitration in Latin America: DR-CAFTA, FTAs, BITs and Commercial Arbitration Involving States 25 August 2009 Please read the General Information section before completing this form and return it together with your payment to Lucy Leal at the address below. Personal details (Please attach your business card or write in block capitals) Name Membership number (if applicable) Firm/company/organisation Address Tel Badge: name and country to be shown on badge, if not as above Special dietary requirements: San Jose 25 August Fax Date of birth Hard copy register online at and make payment by credit card to avail of the ten per cent online registration discount. Registration forms and fees received: on or before after Amount payable 23 July 23 July IBA member US$330 US$545 US$ Non-member* US$545 US$755 US$ Young lawyers (under 30) US$235 US$755 US$ Academics / judges US$235 US$755 US$ Senior lawyers** US$235 US$755 US$ Corporate counsel US$300 US$755 US$ Special fee if attending sessions in San Jose and Punta Cana In addition to the sessions in San Jose on 25 August, sessions will also take place in Punta Cana on 28 August. Delegates are able to register for both the San Jose and the Punta Cana sessions at a discounted rate of US$275 for each set of sessions. To receive the discount, delegates must register by hard copy for each set of sessions individually, and tick the box below on this registration form indicating they wish to attend both sets of sessions. Register for San Jose by completing this registration form and download the form to register for Punta Cana at I intend to attend both the San Jose and the Punta Cana sessions at US$275 each Hard copy registration forms and fees received: on or before after Amount payable 10 August 10 August IBA or ICC member US$275 (each) US$300 (each) US$ Non-members* US$300 (each) US$330 (each) US$ *Join the IBA today and register for this conference at the IBA member rate. Please find the IBA membership application form at ** Criteria: 65 years or over, a member of the IBA for 20 years or more, and no longer engaged in private practice. continued overleaf

6 Full payment must be received in order to process your registration. Please note that registrations are not transferable. Payment I have transferred to the IBA bank account the total amount payable and have attached a copy of the bank transfer details. (By bank transfer to the IBA at HSBC, account number , branch 0223 (Avenida Paulista), SWIFT code BCBBBRPR, address Avenida Paulista, 949-A, São Paulo, SP , Brazil, IBA CNPJ / ) Use an exchange rate of US$1/R$2.2 Please pay all bank charges so that the IBA receives the full invoiced amount. BANK TRANSFERS ARE ONLY ACCEPTABLE UNTIL 23 JULY. PAYMENTS AFTER THIS DATE SHOULD BE MADE WITH A CREDIT CARD Please charge the total amount due to my: Visa MasterCard American Express Card number Expiry date Name of cardholder Signature Date Where did you find out about this conference? IBA conference Other conference Direct mail Internet Advertisement Editorial Recommendation Other IBA listings are provided to relevant third parties for marketing purposes. The IBA will treat your personal information with the utmost respect and in accordance with UK data privacy laws. If you are agreeable to passing on your details, please tick this box If you do not wish to receive IBA information and materials, please tick this box Please send the completed form to: Lucy Leal International Bar Association Rua Helena, 170, 14º Andar, São Paulo, SP , Brazil. Tel: + 55 (11) Fax: + 55 (11) lucy.leal@int-bar.org Website:

7 Accommodation form Arbitration in Latin America: DR-CAFTA, FTAs, BITs and Commercial Arbitration Involving States 25 August 2009 Name Company Address Tel Real InterContinental & Club Tower Hotel Standard or deluxe / Double or single room: US$149 Club Tower room: US$209 The above rate is inclusive of buffet breakfast and exclusive of service charges and local taxes. Any reservations made after 23 July will be subject to availability and cannot be guaranteed at the above rates. Please reserve: Double room Single room Standard Deluxe Club Tower Arrival date Payment details Fax Departure date Cancellation and no-show policy Any cancellation made within 48 hours before arrival will incur a cancellation fee of one night charge. IF YOU NEED AN EARLY OR LATE CHECK-IN OR CHECK-OUT, PLEASE CONTACT THE HOTEL IN ADVANCE A credit card number is required to secure your reservation. Please charge my credit card: Visa MasterCard American Express Card number Expiry date Name of card holder Signed Date Please send to: Real InterContinental & Club Tower Hotel (to Fernando Salas) Prospero Fernandez HWY San Jose, Costa Rica Tel: (506) Fax: (506) fernando.salas@realhotelsandresorts.com If attending both days, please visit to obtain accommodation information for Punta Cana.

8 The International Bar Association (IBA), established in 1947, is the world s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of 30,000 individual lawyers and more than 195 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community. Grouped into two divisions the Legal Practice Division and the Public and Professional Interest Division the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of business law around the globe. Additionally, the IBA s highquality publications and world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners and professional associates. The IBA s Bar Issues Commission provides an invaluable forum for IBA member organisations to discuss all matters relating to law at an international level. The IBA s Human Rights Institute (HRI) works across the Association, to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide. Other institutions established by the IBA include the Southern Africa Litigation Centre and the International Legal Assistance Consortium. Arbitration Committee overview The Arbitration Committee focuses on laws, practice and procedures relating to the arbitration of transnational disputes. Through its publications and conferences, the committee seeks to share information about international arbitration and promote its use and improve its effectiveness. The committee has more than 2,200 members from over 90 countries. The Committee s Co-Chairs are Pierre Bienvenu and Guido Tawil. The committee has four subcommittees, namely Recognition and Enforcement of Arbitral Awards, Investment Treaty Arbitration, Conflicts of Interest, and Rules of Evidence. The committee also has established three task forces: the Task Force on Ad Hoc Arbitrators Terms; the Task Force on Attorney Ethics in Arbitration; and the Task Force on Arbitration Agreements. The committee publishes a newsletter which is issued twice a year. The newsletter is packed with articles from practitioners worldwide. The committee s publications include the IBA Guidelines on Conflicts of Interest in International Arbitration and the IBA Rules on the Taking of Evidence in International Commercial Arbitration. Committee members also receive the IBA s Dispute Resolution International journal which is issued twice a year. The committee organises programmes at the IBA Annual Conference. It also holds an annual International Arbitration Day conference, among other events throughout the year. Latin American Regional Forum overview The Latin American Regional Forum covers all countries in Latin America as well as Mexico, Puerto Rico and Spanish-speaking areas of the Caribbean. The Latin American Regional Forum provides a focus for all activities in the region. The group organises sessions at IBA Conferences and in particular has been instrumental in ensuring that a Latin American perspective is addressed during relevant special sessions. The Latin American Regional Forum is closely affiliated with the North American Regional Forum as the regions are geographically proximate and share many issues. ICC International Court of Arbitration ICC International Court of Arbitration is the leading body in international commercial arbitration. Founded to resolve business disputes of an international character, its strict impartiality and effectiveness are recognized everywhere. Countless business contracts, including many where one party is a government body, now refer to the ICC Rules of Arbitration. International Bar Association Rua Helena, 170, 14º andar, 10th floor, 1 Stephen Street, São Paulo, SP , Brazil London W1T 1AT, United Kingdom Tel:+ 55 (11) Fax:+55 (11) Tel:+44 (0) Fax:+44 (0) Sao.Paulo@int-bar.org member@int-bar.org website: