2021 ITA-ALARB Americas Workshop
Winds of Change: The Impact of Regulatory Changes in Latin America on International Arbitration
-
Virtual Conference
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
Registration is now closed. All registrants should have received an email with login information to the conference platform. If you have any questions, are having any problems, or would like to register, please contact: Claudia Saddler, csaddler@cailaw.org (for assistance in English); Andrea Santacoloma, andrea@jfmerizalde.com (para asistencia en español).
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 renewable energy, oil and gas, insurance, and mining industries, among others. Regulations are driven mainly by climate change policies, technological specifications, 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 Central
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 Central
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 Central
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 Central
Break
11:55 – 12:55 pm Central
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.
Moderator: Mark 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, Elisabeth Eljuri, P.A.,, Miami
12:55 – 13:05 pm Central
Break
13:05 – 14:05 pm Central
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.
Moderator: Gabriela 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 Central
Break
14:15-15:15 pm Central
WELCOME RECEPTION
Thursday, September 9, 2021
11:00 – 12:10 pm Central
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 Central
Break
12:20 – 13:20 pm Central
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 Central
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
Other Information
We will be using a third party platform to host the webinar/event. By registering for this event, your email address and personal information will be used by the webinar organizer to communicate with you about this event and other services.
Photo/Audio/Video Release
Registration for or attendance at this event acknowledges consent to be recorded or photographed. We reserve the right to use any photograph/video taken at our events, without the expressed written permission of those included within the photograph/video. We may use the photograph/video in publications or other media material produced, used or contracted including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, annual reports, newsletters, etc. To ensure the privacy of individuals, images will not be identified using full names or personal identifying information without written approval from the photographed subject.
Press Policy
All ITA conferences are held under the Chatham House Rule. Participants, including journalists, are free to use any information received, but comments may not be attributed to any speaker identifi ed by name or affiliation.
Nondiscriminatory Policy
The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected status in educational activities, scholarship programs or admissions.
Privacy Policy
We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Transnational Arbitration (ITA) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.
