10th Annual Americas Workshop

Underlying Corruption Issues in International Arbitration

- in Mexico City, Mexico

JW Marriott Hotel Mexico City
Andres Bello 29
Mexico City, Distrito Federal 11560
Mexico

Online registration is closed.  To register, please contact Azucena Jiménez at ojimenezc@arbitrajecanaco.com.mx or register at the registration desk at the conference. Thanks.

El registro en línea está cerrado, Para realizar su registro por favor contacte a Azucena Jiménez en ojimenezc@arbitrajecanaco.com.mx o en la mesa de registro el día del evento. Gracias. 

 

Past Event

Credits:MCLE Credit will be available

Overview

Presented by the Institute for Transnational Arbitration and La Comisión de Mediación y Arbitraje de la Cámara Nacional de Comercio de la Ciudad de Mexico (CANACO).

Co-Sponsored by

  • Barra Mexicana, Colegio de Abogados (BMA)
  • Centro de Arbitraje de México (CAM)
  • Comité 2022 del Tratado de Libre Comercio de América del Norte (Comité 2022)
  • Instituto Mexicano del Arbitraje (IMA)
  • International Centre for Dispute Resolution (ICDR)
  • ICC International Court of Arbitration (ICC)
  • Secretaría de Economía de México

Presented in English and Spanish with simultaneous translation.

Download the Brochure (English) (pdf)

For more details, download the online brochure.

Download the Brochure (Español) (pdf)

For more details, download the online brochure.

Introduction to the Workshop

What is the role of international tribunals in fighting corruption?  Ever since Judge Lagergren stated that corruption is an “international evil”, “contrary to good morals and to an international public policy common to the community of nations”, the anti-corruption movement has gained front row in the international agenda and a wide range of initiatives have been implemented to outlaw corruption on both the national and international level.  Those charged with administering justice at the state level have the responsibility of ensuring that such instruments are applied properly. This raises the question of where that leaves arbitrators. There are two possible avenues. Considering arbitrators as responsible to ensure compliance with the law or as mere adjudicators of a certain dispute. This conference will present and examine the view that arbitration practitioners have an ethical duty to find viable and effective means to fight corruption when there is evidence of such conduct in arbitration proceedings.

The conference will review how arbitrators are dealing with allegations of corruption underlying cases in both commercial and investment arbitration, and will identify and analyze key issues of evidence and proof, remedies available and ethical responsibilities.  The program brings together leading arbitration specialists from around the world with special expertise in dealing with such cases, assuring cross-cultural perspectives on these important issues.

Highlights

  • Keynote: Nicola Bonucci, Director for Legal Affairs, Organisation for Economic Co-operation and Development (OECD), Paris
  • Luncheon Address: The Honorable Bernardo Sepúlveda Amor, Immediate Past Vice President of the International Court of Justice, Former Secretary of Foreign Affairs of Mexico
  • Young Lawyers Roundtable, Welcome Reception and Workshop Dinner

Visit the ITA Americas Initiative Committee Page

Conference Co-Chairs

Cecilia Flores Rueda
Basham, Ringe y Correa S.C.
Mexico City
Claus von Wobeser
Von Wobeser y Sierra
Mexico City

Registration Options

There are two ways to register (click here for instructions):

  • Online with a credit card
  • Bank Transfer

Tuition

Registration includes the two-day Workshop, course materials, Welcome Reception and Workshop Luncheon. Separate registration is required for the Workshop Dinner (additional $100 USD (~ 1,600 MXP)).

ITA Advisory Board members who did not attend the 2015 Dallas Workshop for free are entitled to register for this Americas Workshop for free. To register for free, please contact Krishonne Johnson (+1.972.244.3414).

Early/Regular Registration Fee:
(Early Registration Ends October 30)

Americas Workshop (Nov 30 - Dec 1)

  • $425 USD (~ 6,800 MXP) / $485 USD (~ 7,750 MXP) - Non-Member
  • $345 USD (~ 5,500 MXP) / $395 USD (~ 6,300 MXP) - Member
  • $245 USD (~ 4,000 MXP) / $295 USD (~ 4,750 MXP) - Government/Non-Profit/Academic/Corporate Counsel
  • $125 USD (~ 2,000 MXP) / $150 USD (~ 2,400 MXP) - Student

Young Lawyers Roundtable & Welcome Reception ONLY (Nov 30 only)

  • $125 USD (~ 2,000 MXP) / $150 USD (~ 2,400 MXP) - Non-Member
  • $100 USD (~ 1,600 MXP) / $125 USD (~ 2,000 MXP) - Member
  • $100 USD (~ 1,600 MXP) / $125 USD (~ 2,000 MXP) - Government/Non-Profit/Academic/Corporate Counsel
  • $100 USD (~ 1,600 MXP) / $125 USD (~ 2,000 MXP) - Student

Schedule and Faculty

Monday, November 30, 2015

15:00


Registration

16:00


Welcome to the Americas Workshop

  • Abby Cohen Smutny, ITA Chair, White & Case, Washington, DC
  • Cecilia Flores Rueda, CANACO Chair, Basham, Ringe y Correa S.C., Mexico City

Americas Roundtable for Young Lawyers

Presented by ITA Young Arbitrators Initiative Committee and Foro de Jóvenes en Arbitraje CAM-CANACO

16:10


Welcome to the Roundtable

  • Montserrat Manzano, ITA Young Arbitrators Initiative Committee Chair, Von Wobeser y Sierra, S.C., Mexico City
  • Alejandro Flores Patiño, CANACO-CAM Foro de Jóvenes en Arbitraje Chair, Loperena, Lerch & Martin Del Campo, Mexico City

16:20


How to Advance a Career as a Young International Arbitrator

This session aims to provide practical advice on how to gain access and advance a career in international arbitration. The panel will comment on the issues a young practitioner has to face in order to access the world of international arbitration as an arbitrator. Our panelists will share their experience on how they overcame the barrier of their first appointment and other essential professional aspects every young practitioner must know.

Moderator:

  • Montserrat Manzano, ITA Young Arbitrators Initiative Committee Chair, Von Wobeser y Sierra, S.C., Mexico City

Panelists:

  • Cecilia Azar, DLA Piper, Gallastegui y Lozano, México City
  • Rocío Digon, Managing Director and Counsel, SICANA Inc., ICC International Court of Arbitration, New York
  • Abby Cohen Smutny, White & Case, Washington, D.C.
  • Ricardo Izeta, Head of the legal department on the Thermoelectric Projects Coordination, Federal Electricity Commission (CFE), Mexico City

17:30


Coffee break

17:50


Counsel´s Ethical Obligations in International Arbitration -- Differing Norms and Expectations on the Production of Evidence for Party Representatives

This panel will initiate a debate on the conduct of counsel and their ethical obligations, based on the following hypothetical questions: A party representative is aware that that there is an incriminating piece of evidence in its client´s records. As counsel to this party what would you do? Is the lawyer´s duty first to protecting the interests of his/her client or to the arbitral tribunal and the arbitral process – even if it incriminates its client. Is there a different approach that would be taken depending if the representative is Latin American or a common law practitioner? Our panelists will comment on how the IBA Guidelines on Party Representation in International Arbitration have been used in the region and any relevant issues or trends which have arisen since their adoption.

Moderator:

  • Alejandro Flores, Loperena Lerch Martín del Campo, Mexico City

Panelists:

  • Eliana Baraldi, De Vivo, Whitaker e Castro Advogados, São Paolo
  • Julieta Ovalle Piedra, Bufete Ovalle Favela, S.C., Mexico City
  • Rafael Rincón, Gómez-Pinzón Zuleta Abogados, S.A., Bogotá
  • Timothy J. Sullivan, King & Spalding, Washington, DC

19:00


Adjourn

19:00 - 21:00


Welcome Reception at the JW Marriott Hotel

Tuesday, December 1, 2015

7:45 - 8:45


ITA Americas Initiative Committee Meeting

9:00


Welcome and Introduction to the Workshop

  • Claus von Wobeser, Workshop Co-Chair, Von Wobeser y Sierra, S.C., Mexico City

9:10


Keynote Address

The International Framework of the Fight Against Corruption

Our keynote speaker will give an overview of the significant multilateral legal framework and instruments that establish an international rule of law on corruption. Focusing on particular efforts and the regulatory framework carried out by the OECD (OECD Anti-Bribery Convention, OECD Working Group on Bribery, OECD Bribery Report), he will address the definition of “foreign bribery” and the anatomy of a corrupt transaction and explain basic elements in order to inform our discussions later in the day.

  • Introduction: Elisabeth Eljuri, ITA Americas Initiative Chair, Norton Rose Fulbright, Caracas
  • Keynote Speaker: Brooks Hickman, Anti-Corruption Division, Organisation for Economic Co-operation and Development (OECD), Paris

9:45


Which tools are available to a tribunal in a commercial arbitration to deal with a finding of corruption?

This panel will approach from a practical standpoint the questions that every arbitrator is faced with when an allegation of corruption is brought forward by a party. How do arbitrators assess the validity of this allegations? Should the tribunal dismiss the claims? Is it appropriate for the tribunal to annul the agreement? How does the tribunal apply local law vs international law in assessing the standard for corruption? Is the use of red flags to detect corruption in contracts a useful tool? What is the extent of the duties and powers of arbitrators to deal with suspicions of corruption, should the tribunal report corrupt allegations to national authorities? Which are the remedies and sanctions which may be granted by the tribunal?

Moderator:

  • Christian Albanesi, Linklaters, Paris

Panelists:

  • Sam Eastwood, Partner & Head of Business Ethics & Anti-corruption, Norton Rose Fulbright, London
  • Ian Meredith, K&L Gates, London

10:50


Coffee break

11:10


How to deal with corruption allegations in Investment Arbitration

Allegations of corruption have increased in investment arbitration in the past years and are being used by States as a defense against investor´s claims. Also in some cases Claimant may want to prove the existence of corruption when it has prevented its access to the investment. This panel will analyze how corruption issues arise and what investment tribunals have done or may do in the future to address corruption allegations. Our renowned panelists will also comment on several other complex issues arising from allegations of corruption, such as: How do violations of domestic laws on corruption impact the outcome of international arbitration? Is dealing with corruption a matter of jurisdiction, admissibility or the merits? How should we deal with state responsibility for corruption and the attribution asymmetry in international investment arbitration?

Moderator:

  • Klaus Reichert SC, Brick Court Chambers, London

Panelists:

  • Gabriela Alvarez-Avila, Curtis, Mallet-Prevost, Colt & Mosle LLP, Mexico City
  • Aloysius Llamzon, King & Spalding, New York
  • Alexander Yanos, Hughes Hubbard & Reed LLP, New York

12:15


Enforcement of an arbitral award in which there are underlying issues of corruption

Where the tribunal has decided a case and underlying issues of corruption have not been dealt with or were dealt with unsatisfactorily, a party opposing enforcement may seek the annulment of the award based on a violation of public policy. This raises important questions for a judge receiving the application. What is the balance between the finality of arbitral awards and public policy concerns? What should be the standard of review?

Moderator:

  • David M. Orta, Quinn Emanuel Urquhart & Sullivan, LLP, Washington, D.C.

Panelists:

  • Carlos Loperena, Loperena, Lerch & Martin Del Campo, Mexico City
  • Hansel T. Pham, White & Case LLP, Washington, DC

13:20


Luncheon and Luncheon Address

  • The Honorable Bernardo Sepúlveda Amor, Of counsel at Creel, García-Cuellar, Aiza y Enriquez, S.C., Immediate Past Vice President of the International Court of Justice, Former Secretary of Foreign Affairs of Mexico

15:20


Proving corruption, what should be the applicable standard?

This panel will comment on the relevant factors which tribunals have taken into consideration when assessing and weighing evidence of corruption. Is there a procedural consensus on how to deal with corruption allegations in international arbitration? What ethical issues may arise and how may counsel deal with them?

Moderator:

  • Lucinda A. Low, Steptoe & Johnson LLP, Washington D.C.

Panelists:

  • Christa Mueller, Noriega + Escobedo, Mexico City
  • Joe Tirado, Global Co-Chair of International Arbitration, Winston & Strawn London LLP, London
  • Marc Veit, LALIVE, Zurich

16:30


Coffee break

16:50


Americas Forum

The Americas Forum is an open informal discussion providing the opportunity for arbitrators, arbitration counsel and in-house counsel to share experiences and raise concerns in transnational arbitration in an off-the-record unstructured dialogue format. The agenda for the Forum is determined by the participants, by pre-submitted questions and topics and by spontaneous remarks at the event. Registrants will receive instructions on how to submit questions or topics for discussion at the Forum.

Moderators:

  • Cecilia Flores Rueda, Basham, Ringe y Correa S.C., Mexico City
  • Claus von Wobeser, Von Wobeser y Sierra, S.C., Mexico City

18:00


Adjourn

19:00-21:00


Americas Workshop Dinner at Club de Industriales (Optional)

Please indicate on the registration form if you wish to attend. Ticket price is $100 per person.

CLE Credit

MCLE Credit

This program is approved by the State Bar of Texas for a total of 8.5 hours, including 1.25 hour of ethics. Course ID Number: 901328009. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, ITA will directly apply (if requested) for course accreditation in the following states: California, Minnesota, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. ITA conferences are typically accredited by all mandatory CLE states.

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the JW Marriott Hotel Mexico City, Andres Bello 29, Mexico City, D.F. 11560, Mexico. Registrants should make your reservations directly with the hotel: (a) online – click here; or (b) by phone at (52 55) 5999 0126.  Please advise the hotel that you are attending the “Seminario ITA-CANACO” to receive a special reduced rate of $259 USD + taxes per night. The last day to obtain this special rate is November 13, 2015.  As a limited number of rooms have been blocked at the hotel, availability cannot be guaranteed once the room block is full so make your reservations early.

Sponsorship Opportunities

Sponsorship opportunities are now available. Please contact David Winn now for more information.

Gold Sponsor - $5,000 USD (approx $80,000 MXP)

  • Recognition as a Gold Sponsor in all Workshop e-marketing, online and at the conference
  • Company/firm logo prominently displayed in the Workshop program and on the Workshop website with a link to the company/firm website
  • Exposure to the constituents of ITA, CANACO and our supporting organizations
  • 5 free Workshop registrations
  • 3 guests at the Workshop Dinner at the Club de Industriales
  • (Space permitting), a seat at the Dinner head table
  • 2 guests at the Workshop Luncheon (featuring The Honorable Bernardo Sepúlveda Amor)
  • (Space permitting), a seat at the Luncheon head table
  • 1 exhibition table for promotional materials
  • Post-conference recognition on the ITA and CANACO websites and publications

Silver Sponsor - $3,000 USD (approx $48,000 MXP)

  • Recognition as a Silver Sponsor in all Workshop e-marketing, online and at the conference
  • Company/firm logo prominently displayed in the Workshop program and on the Workshop website with a link to the company/firm website
  • Exposure to the constituents of ITA, CANACO and our supporting organizations
  • 3 free Workshop registrations
  • 2 guests at the Workshop Dinner at the Club de Industriales
  • 1 guest at the Workshop Luncheon (featuring The Honorable Bernardo Sepúlveda Amor)
  • 1 exhibition table for promotional materials
  • Post-conference recognition on the ITA and CANACO websites and publications

Bronze Sponsor - $1,500 USD (approx $24,000 MXP)

  • Recognition as a Bronze Sponsor in all Workshop e-marketing, online and at the conference
  • Company/firm logo prominently displayed in the Workshop program and on the Workshop website with a link to the company/firm website
  • Exposure to the constituents of ITA, CANACO and our supporting organizations
  • 1 free Workshop registration
  • 1 ticket to the Workshop Dinner at the Club de Industriales
  • Space for promotional materials
  • Post-conference recognition on the ITA and CANACO websites and publications

ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail ITA

CANACO: (52 55) 36 85 22 69 x. 1308 -1310
E-Mail CANACO

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Gold Sponsors

Silver Sponsors

Bronze Sponsors