Transnational Arbitration

2021 ITA-ALARB Americas Workshop

Winds of Change: The Impact of Regulatory Changes in Latin America on International Arbitration

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Virtual Conference

Registration Open

Log-in information will be emailed to all registrants shortly before the conference begins. Please email Claudia Saddler with any questions.

Presented in English and Spanish

Registrar: +1.972.244.3403
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

Overview

Presented by The Institute for Transnational Arbitration (ITA) and The Latin American Association of Arbitration (ALARB)

Conference Co-Chairs

Dyalá Jiménez Figueres
DJ Arbitraje
San José, Costa Rica

Dietmar W. Prager
Debevoise & Plimpton LLP
New York


Highlights Include:

Several Latin American governments have recently enacted laws and regulations that impact investments in the renewal energy, oil and gas, insurance, and mining industries, among others. Regulations are driven mainly by climate change policies, technological availabilities, and political positions with regard to privatization. Foreign investors, local companies, and complex corporate structures in the diverse sectors must often decide whether contractual and treaty provisions should be triggered in response, and how. In most scenarios the recourse to contractual or treaty-based arbitration is the choice when negotiations among the different parties fail. An exceptional faculty of global experts will address how these measures are impacting contract and investment treaty rights within the context of international arbitration.

  • Opening Address: Overview of Key Regulatory Changes in the Region, Francisco Xavier Salazar Diez De Sollano
  • Expert panels on impacts of regulatory changes on international commercial arbitration and international investment arbitration
  • ITA-ALARB Young Lawyers Roundtable: dialogue between Europe and the Americas on energy disputes
  • ITA-ALARB Forum
  • ITA Americas Initiative Mid-Year Meeting
  • Complimentary registration for ITA and ALARB members

Schedule and Faculty

Descarga el programa en español

Wednesday, September 8, 2021

11:00 – 11:10 am


WELCOME TO THE AMERICAS WORKSHOP

  • ALARB President Claus Von Wobeser, Von Wobeser y Sierra, Mexico City
  • ITA Chair Tom Sikora, Senior Counsel, Exxon Mobil Corporation, Houston
  • ITA Americas Initiative Chair, Montserrat Manzano, Von Wobeser y Sierra, México City

11:10 – 11:15 am


INTRODUCTION TO THE PROGRAM

Americas Workshop Co-Chairs:

  • Dyalá Jiménez Figueres, DJ Arbitraje, San José, Costa Rica
  • Dietmar W. Prager, Debevoise & Plimpton, New York


11:15 am – 11:45 am


OPENING ADDRESS: OVERVIEW OF KEY REGULATORY CHANGES IN THE REGION

One of the world’s leading experts on energy issues and former Mexican regulator, will provide an overview of the key regulatory measures adopted or contemplated by the principal Latin American governments and their impact on investors in targeted industries.

Francisco Xavier Salazar Diez De Sollano, Enix, Gadex & Trust Inteligencia de Entorno, Mexico City

11:45 – 11:55 am


Break

11:55 – 12:55 pm


COMMERCIAL ARBITRATIONS RELATING TO REGULATORY CHANGES

This panel will discuss procedural and substantive issues in commercial arbitrations arising out of regulatory measures, such as the termination of a contract; force majeure/impossibility/changed circumstances defences; claims under supply or offtake agreements; and parallel proceedings before arbitral tribunals and local courts.

ModeratorMark W. Friedman, Debevoise & Plimpton, New York City/London

Commentators:

  • Mónica Jiménez González, Secretary General, Ecopetrol S.A., Bogotá
  • Kate Brown de Vejar, DLA Piper, Mexico City
  • Fabiano Robalinho Cavalcanti, Sergio Bermudes Advogados, Rio de Janeiro
  • Elisabeth Eljuri, Independent Arbitrator and Energy Consultant, Miami

12:55 – 13:05 pm


Break

13:05 – 14:05 pm


INVESTMENT ARBITRATIONS RELATING TO REGULATORY CHANGES

This panel will discuss procedural and substantive issues in investment treaty arbitrations arising out of regulatory measures, such as the right balance between investors’ rights and state regulatory powers, when regulatory measures give rise to treaty breaches; the relationship between local constitutional and/or administrative challenges and investment treaty claims; and the effectiveness of consultation processes between investors and Governments.

ModeratorGabriela Álvarez Ávila, DLA Piper, Mexico City

Commentators:

  • Andrés Jana, Bofill Mir & Álvarez Jana, Santiago de Chile
  • Ricardo Ampuero, Independent Arbitrator and former chair of Special Commission, Lima
  • Deva Villanúa, Armesto & Asociados, Madrid
  • Ignacio Zapiola, Litigation and International Affairs Manager, YPF, Buenos Aires

14:05 – 14:15 pm


Break

14:15-15:15 pm


WELCOME RECEPTION

Thursday, September 9, 2021

11:00 – 12:10 pm


YOUNG LAWYERS ROUNDTABLE

Roundtable Co-Chairs:

  • Karima Sauma, Young ITA Vice Chair, Executive Director, CICA-AmCham Costa Rica/DJ Arbitraje, San José
  • Sebastian Briceño, ALARB Next Generation Chair, Zuleta Abogados Asociados, Bogotá.

Introduction to the Young Lawyers Roundtable

  • Karima Sauma, Roundtable Co- Chair

ENERGY ARBITRATIONS: DIALOGUE BETWEEN EUROPE AND THE AMERICAS

This panel will discuss the parallels between energy disputes in Europe and the Americas. The panelists will analyse the major resemblances and differences in energy arbitrations in Europe and Latin America; the wave of mass claims against Argentina in the 2000s vis-a-vis Spain’s recent renewable energy saga; the non-compliance of energy-related awards by EU members and its impact on the investment protection system; and the potential claims and state defences in future Covid-related cases in the energy sector.

Moderator: Sebastian Briceño, Roundtable Co-Chair

Commentators

  • Santiago Bejarano, Latham & Watkins LLP, New York
  • Jessica Beess und Chrostin, King & Spalding LLP, New York
  • Florencia Villaggi, Herbert Smith Freehills LLP, New York

12:10 - 12:20 pm


Break

12:20 – 13:20 pm


ITA-ALARB FORUM

The Forum is an informal special opportunity for colleagues in international arbitration to discuss current issues and share concerns off-the-record with our peers. The agenda for this open discussion is determined by the participants who are invited to submit their suggestions in advance and at the Forum itself.

Co-Moderators:

  • Christian Leathley, Herbert Smith Freehills LLP, New York
  • Analia González, Baker Hostetler LLP, Washington, D.C.

13:20 – 13:30 pm


CLOSING REMARKS

  • Americas Workshop Co-Chair Dyalá Jiménez Figueres
  • Americas Workshop Co-Chair Dietmar W. Prager

Other Activities During the Conference

Wednesday, September 8, 2021

9:00 - 10:00 am - ITA Americas Initiative Committee Meeting (all Workshop registrants are invited)
9:00 - 10:15 am - ITA In-House Counsel Committee Meeting

Thursday, September 9, 2021

9:00 – 10:00 am - Latin American Arbitral Institutions Meeting

TX CLE Credit

This program is approved by the State Bar of Texas for a total of 3.5 hours, of which no credit hours will apply to ethics/professional responsibility credit. Course ID Number: 174130382.

MCLE credit will not be requested in any other jurisdiction, but attendees may be able to obtain credit in other jurisdictions by self-applying for credit or through reciprocity rules. ITA in-person conferences are typically accredited by all mandatory CLE states, but MCLE rules, including rules governing online programs, vary in each jurisdiction. Certain programs, subjects, and formats may not receive credit in certain jurisdictions and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. Please review the MCLE regulations and rules of your jurisdiction and contact your regulatory entity if you have specific questions about the jurisdiction’s MCLE rules.

Sponsorship Opportunities

Conference Premier Sponsor - US$2,500

  • Exposure to thousands of ITA and ALARB constituents
  • Recognition as Conference Premier Sponsor at the conference itself, on the conference website, in e-marketing on social media
  • Express recognition in the introductory remarks at the beginning of each day
  • 5 complimentary conference registrations
  • Name/logo on the conference website with link to company webpage or company video clip
  • Post-conference recognition

Young Lawyers Roundtable Sponsor - US$1,000

  • Exposure to thousands of ITA and ALARB constituents
  • Recognition as Young Lawyers Roundtable Sponsor at the Roundtable itself, on the conference website, in e-marketing on social media
  • Express recognition in the introductory remarks at the beginning of the Roundtable
  • 2 complimentary conference registrations
  • Name/logo on the conference website with link to company webpage or company video clip
  • Post-conference recognition

Welcome Reception Sponsor - US$1,000

  • Exposure to thousands of ITA and and ALARB constituents
  • Recognition as Welcome Reception Sponsor at the Reception, on the conference website, in e-marketing and on social media
  • 2 complimentary conference registrations
  • Name/logo on the conference website with link to company webpage
  • Post-conference recognition

ITA-ALARB Forum Sponsor - US$750

  • Exposure to thousands of ITA and ALARB constituents
  • Recognition as Forum Sponsor at the Forum, on the conference website, in e-marketing and on social media
  • 1 complimentary conference registration
  • Name/logo on the conference website with link to company webpage
  • Post-conference recognition

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