ITA-ALARB Americas Workshop

Overview

In Latin America, concessions of public works have become an important mechanism to attract private investment and management of public infrastructure. A predominant part of the concessions is undertaken by foreign investors, who have better access to credit. In most of Latin American countries, all or part of the concessions-related disputes may be subject to arbitration (Mexico, Colombia, Peru, Chile, Argentina, Uruguay, etc). Sometimes, the disputes are deemed domestic, while sometimes they are submitted to international arbitral tribunals under various commercial arbitration rules. Other times, disputes arise under international treaties of investment protection, the concessions are considered investments and therefore offered international protection. Thus, there is a possibility of a parallelism between domestic and international arbitration in some cases, as well as between contract claims versus treaty claims in other cases. The ITA ALARB Americas Workshop aims to analyze the schemes followed by different Latin American countries, as well as to establish the possible coherence, clashes, and challenges that follow from the coexistence of the different concessions-related disputes under national laws and international law.

Workshop Co-Chairs

Julio César Rivera
Marval O'Farrell Mairal
Buenos Aires, Argentina

Jaime Gray
Navarro Sologuren, Paredes & Gray Abogados,
Lima, Peru

Sandra González
Ferrere Abogados
Montevideo, Uruguay

Roundtable Co-Chairs

Santiago Lucas Peña
Bomchil
Buenos Aires, Argentina

Nazly Duarte Gomez
Boies Schiller Flexner LLP
New York, New York, USA

Featuring

A Conversation with Guido Santiago Tawil (Independent Arbitrator)

Interviewed by Eduardo Zuleta J. (Independent Arbitrator, New York & London)

This interview is the latest in a series organized by the ITA Academic Council to record the evolution of modern international arbitration in the words of those who have led it.

Schedule and Faculty

Thursday, September 12

8:30 - Registration and Continental Breakfast

9:30 - Welcome to the ITA-ALARB Americas Workshop

• ITA Chair, Charles H. Brower II, Of Counsel, Miller Canfield, Professor of Law, Wayne State University, Michigan, United States
• ALARB President, María Inés Corrá, Partner at Bomchil (Buenos Aires)

9:35 - Introduction to the Program

Americas Workshop Co-Chairs:

• Sandra González, Ferrere, Montevideo, Uruguay
• Jaime Gray, Navarro, Sologueren, Paredes, Grey, Lima, Perú
• Julio Cesar Rivera Jr., Marval, Buenos Aires, Argentina

9:45 - Keynote Address

Interview with Deva Villanúa (Devarb, Madrid, Spain) and Andrés Jana (Jana & Gil Dispute Resolution, Santiago, Chile).

10:15 - The Distinctive Features of Concession Agreements in Latin America

• Types of concession agreements in Latin America.
• What are the typical risks associated to concession agreements in Latin America?
• What are the implications of being administrative law the law that generally governs concession agreements?
• Is there a distinctive Latin American approach to concession agreements?

Moderator: Ignacio J. Minorini Lima, Bruchou & Funes de Rioja, Buenos Aires, Argentina

Panelists:

• Fabiano Robalinho Cavalcanti, Sérgio Bermudes Advogados, Rio de Janeiro, Brazil
• Elena Gutiérrez García de Cortazar, EG-Arbitration, Paris, France
• Gonzalo Soriano, CAF, Lima, Peru

11:15 - BREAK

11:30 - Jurisdictional and Procedural Issues in the Arbitration of Infrastructure Concessions

• Are there any special requirements for arbitration clauses inserted in concession agreements? (Congress’ authorization, type of arbitration, seat of the arbitration, transparency)
• Are there any restrictions on the arbitrability of disputes arising under or in connection with concession agreements? May arbitral tribunals review the validity of administrative acts issued by public officials?
• Are there any restrictions on settling disputes related to concession agreements?
• What are the challenges of legal representation in this type of disputes?

Moderator: José Ricardo Feris, Squire Patton Boggs, Paris, France

Panelists:

• Carmen Martínez López, Three Crowns Spain, S.L.P. Three Crown, Madrid, Spain
• Ana María Ordoñez, Martinez, Quintero, Mendoza, González, Laguado & De La Rosa, Bogotá, Colombia
• Gabriel Costa, Shell Brasil Petroleo Ltda., Rio de Janeiro, Brazil

12:30 - Americas Workshop Luncheon: Luncheon interview with Guido Tawil: Preserving Perspectives: International Arbitrators in their Own Words

A Conversation with
Guido Tawil
Independent Arbitrator
Maldonado, Uruguay

With
Eduardo Zuleta
Independent Arbitrator
Buenos Aires, Argentina

This interview is the latest in a series organized by the ITA Academic Council to record the evolution of modern international arbitration in the words of those who have led it.

2:30 - The Most Recurring Contractual Issues in Arbitration Related to Concession Agreements

• What are the issues that are most frequently discussed in the arbitration of contractual disputes related to concession agreements?
• Alteration of the contractual equilibrium
• Force Majeure and Hardship
• Tariff rates
• Corruption
• Damages

Moderator: José Martínez de Hoz, MHR Abogados, Buenos Aires, Argentina

Panelists:

• Laura Cózar, Accuracy, Madrid, Spain
• María del Carmen Tovar, Estudio Echecopar (Baker & McKenzie Lima), Lima, Peru
• Federico Campolieti, Bomchil, Buenos Aires, Argentina

3:30 - BREAK

3:45 - The Relationship between Contract and Treaty Claims in Connection with Concession Agreements

• When may a breach of a concession agreement amount to a breach of an investment treaty?
• Which are the most relevant factors taken into account by investors when deciding whether to initiate a contract claim or an investment claim or both?
• Is there any significant difference when it comes to the enforcement of the award between contract and treaty-based arbitration?
• What are the risks and challenges presented by parallel proceedings? Can those risks be mitigated?
• What lessons can be learned from the investment disputes concerning concession agreements in Latin America?
• What is the future of treaty arbitration in the region? Will it be substituted by contract arbitration?

Moderator: Silvia Marchili, White & Case LLP, Miami, Florida, USA

Panelists:

• Noiana Marigo, Freshfields Bruckhaus Deringer, New York, New York, USA
• Mariana Lozza,Procuración del Tesoro de la Nación, Buenos Aires, Argentina
• Eduardo Silva Romero, Wordstone, Paris, France

4:45 - Concluding Remarks

5:00 - Workshop Welcome Reception

8:30 - Workshop Dinner

Friday, September 13

7:45 - ITA Americas Initiative Meeting

9:00 - ITA Americas and ITAFOR Forum

The ITA Forum is an informal, off-the-record discussion of current developments and concerns in international arbitration among ITA members, Workshop faculty, and special guests. ITAFOR is a LatAm virtual forum created by ITA, ALARB and Cbar in order to boost the debate on developments, concerns and news on international arbitration in Latin America arbitral community. The agenda for this open discussion is determined by the participants.

Moderators: Soledad Díaz, FERRERE Abogados, Montevideo, Uruguay and Francesco Cámpora, Letelier Campora, Santiago, Chile

10:15 - BREAK

10:45 - ITA Americas and ITAFOR Forum, continued

Moderators: Huascar Ezcurra, Bullard Falla Ezcurra, Lima, Perú and Estefanía Ponce, Posse Herrera Ruiz, Bogotá, Colombia

12:00 – 2:00 - ITA YOUNG Lawyers and ALARB Next Generation Roundtable

12:00 - Technology in Practice

Panelists will examine the use of cutting-edge technology in avoiding disputes, the predictive tools to better understand disputes, and the use of new technologies to organize, enhance, and verify the presentation of evidence.

• Alejandro Martínez de Hoz, Paul Hastings, Washington, D.C.
• Natalia Guillén, Foley Hoag LLP, Washington, D.C.
• Sofía Suárez, Sacyr, Asunción, Paraguay

12:45 - BREAK

1:15 – Technology, Regulation, and Decision-making

Panelists will discuss whether and how arbitral institutions and professional organizations are addressing new technologies in their rules and guidelines. Panelists will also explore whether and how tribunals can or should use generative AI in assessing submissions, organizing data, or drafting decisions. Also, is there a role for AI tools in scrutiny of awards by arbitral institutions?

• Camille Ramos-Klee, Independent Arbitrator, New York, New York, USA
• Sebastián Briceño, Deveboise & Plimpton LLP, New York, New York, USA
• Paula Patrón, Pluspetrol, Montevideo, Uruguay

2:00 - Adjourn

Overnight Accommodations

MCLE Credit

This program is approved by the State Bar of Texas for a total of 5.5 hours, no ethics. Course ID Number: 174249323. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

Sponsorship Opportunities

Headline Conference Sponsorship - US$ 3,500 [non-exclusive, up to 5 sponsors]

• Exposure of sponsor to thousands of ITA and ALARB constituents and followers
• Leading recognition as a Headline Conference Sponsor on the conference website, in the marketing materials, and on signage at the Conference
• Leading recognition as a Headline Conference Sponsor on the cover the Conference program
• 4 complimentary conference registrations to attend all panels, discussions, luncheon, and reception
• 4 complimentary tickets to the Conference Dinner
• Sponsor name/logo on the conference website with link to the sponsor’s website
• 1 exhibition table for promotional materials
• Sponsorship acknowledged on ITA social media accounts (LinkedIn, etc.)

Lanyard Sponsorship - US$ 2,500 [exclusive] - SOLD

• Exposure of sponsor to thousands of ITA and ALARB constituents and followers
• Recognition as Lanyard Sponsor on the conference website, in the marketing materials, in the program and on signage at the Conference
• Recognition as Lanyard Sponsor in the Conference program
• 3 complimentary conference registrations to attend all panels, discussions, luncheon, and reception (ticketed Conference Dinner not included for all 3)
• 1 complimentary ticket to the Conference Dinner
• Sponsor name/logo on the conference website with link to the sponsor’s website
• 1 exhibition table for promotional materials
• Sponsorship acknowledged on ITA social media accounts (LinkedIn, etc.)

Conference Sponsorship - US$ 2,000 [non-exclusive, up to 8 sponsors]

• Exposure of sponsor to thousands of ITA and ALARB constituents and followers
• Recognition as a Headline Conference Sponsor on the conference website, in the marketing materials, in the program and on signage at the Conference
• Recognition as a Conference Sponsor in the Conference program
• 3 complimentary conference registrations to attend all panels, discussions, luncheon, and reception (ticketed Conference Dinner not included for all 3)
• 1 complimentary ticket to the Conference Dinner
• Sponsor name/logo on the conference website with link to the sponsor’s website
• 1 exhibition table for promotional materials
• Sponsorship acknowledged on ITA social media accounts (LinkedIn, etc.)

WiFi Sponsorship* - US$ 2,000 [exclusive]

*The availability of this sponsorship will depend on the technology and WiFi setup of the conference venue; we can provide this only if the Hyatt allows us to customize the WiFi password in the conference space.

• Exposure of sponsor to thousands of ITA and ALARB constituents and followers
• Sponsor name will be used as WiFi passcode for the conference
• Recognition as WiFi Sponsor on the conference website, in the marketing materials, in the program and on signage at the Conference
• Recognition as WiFi Sponsor in the Conference program
• 3 complimentary conference registrations to attend all panels, discussions, luncheon, and reception (ticketed Conference Dinner not included for all 3)
• 1 complimentary ticket to the Conference Dinner
• Sponsor name/logo on the conference website with link to the sponsor’s website
• 1 exhibition table for promotional materials
• Sponsorship acknowledged on ITA social media accounts (LinkedIn, etc.)

Canvas Tote Bag Sponsorship - US$ 2,000 [non-exclusive, up to 3 sponsors*] / US$ 6,000 [exclusive]

*The availability of this sponsorship will depend on having at least 3 non-exclusive sponsors or a sole exclusive sponsor; given the cost and trouble of producing a tote bag it is not worthwhile unless the revenue is sufficient.

• Exposure of sponsor to thousands of ITA and ALARB constituents and followers
• Recognition as Lanyard Sponsor on the conference website, in the marketing materials, in the program and on signage at the Conference
• Recognition as Lanyard Sponsor in the Conference program
• 3 complimentary conference registrations to attend all panels, discussions, luncheon, and reception (ticketed Conference Dinner not included for all 3)
• 1 complimentary ticket to the Conference Dinner
• Sponsor name/logo on the conference website with link to the sponsor’s website
• 1 exhibition table for promotional materials
• Sponsorship acknowledged on ITA social media accounts (LinkedIn, etc.)

Conference Dinner Sponsorship - US$ 1,500 [non-exclusive, up to 4 sponsors]

• Exposure of sponsor to thousands of ITA and ALARB constituents and followers
• Recognition as a Conference Dinner Sponsor on the conference website, in the marketing materials, in the program and on signage at the Conference and Dinner
• Recognition as a Conference Dinner Sponsor in the Conference program
• 3 complimentary conference registrations to attend all panels, discussions, luncheon, and reception
• 3 complimentary tickets to the Conference Dinner
• Sponsor name/logo on the conference website with link to the sponsor’s website
• 1 exhibition table for promotional materials
• Sponsorship acknowledged on ITA social media accounts (LinkedIn, etc.)

Conference Luncheon Sponsorship - US$ 1,250 [non-exclusive, up to 4 sponsors]

• Exposure of sponsor to thousands of ITA and ALARB constituents and followers
• Recognition as a Conference Luncheon Sponsor on the conference website, in the marketing materials, in the program and on signage at the Conference
• Recognition as a Conference Luncheon in the Conference program
• 2 complimentary conference registrations to attend all panels, discussions, luncheon, and reception (ticketed Conference Dinner not included for all 3)
• 1 complimentary ticket to the Conference Dinner
• Sponsor name/logo on the conference website with link to the sponsor’s website
• 1 exhibition table for promotional materials
• Sponsorship acknowledged on ITA social media accounts (LinkedIn, etc.)

Welcome Reception Sponsorship - US$ 1,000 [non-exclusive, up to 4 sponsors]

• Wxposure of sponsor to thousands of ITA and ALARB constituents and followers
• Recognition as a Welcome Reception Sponsor on the conference website, in the marketing materials, in the program and on signage at the Conference
• Recognition as a Welcome Reception Sponsor in the Conference program
• 2 complimentary conference registrations to attend all panels, discussions, luncheon, and reception (ticketed Conference Dinner not included for all 3)
• 1 complimentary ticket to the Conference Dinner
• Sponsor name/logo on the conference website with link to the sponsor’s website
• 1 exhibition table for promotional materials
• Sponsorship acknowledged on ITA social media accounts (LinkedIn, etc.)

Exhibitor - US$ 750 [space permitting]

• Exposure of sponsor to thousands of ITA and ALARB constituents and followers
• Recognition as an Exhibitor on the conference website, in the marketing materials, and in the program
• Recognition as an Exhibitor in the Conference program
• Space for promotional materials at the conference

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