conferência está sendo organizada em conjunto pelos escritórios Steel,
Hector & Davis, LLP e Stroeter, Royster & Ohno, pela American
Arbitration Association, pela Inter-American Bar Association e
Inter-American Comercial Arbitration Comission.
Daniele Favalli & Eduardo Palmer, Steel Hector & Davis LLP
January 28, 2004
Welcoming Cocktail Reception
January 29, 2004
Eduardo Palmer, Chair - International
Arbitration Group, Steel Hector & Davis LLP
Introduction to the Conference
William K. Slate II, CEO and President, AAA/ICDR
NAFTA, BITS, and
other Multilateral Treaties:
Impact on Arbitration in Latin America
Current Use and Development of Investment Treaties in Latin
Bernardo M. Cremades,
B. Cremades y Asociados
Welcome Back Mr. Calvo: The
Gander Thinks Twice
Todd Weiler, Counsel, NAFTALaw.org
Legal Issues Involving ICSID Disputes
Carolyn B. Lamm, Partner, White & Case LLP
Carole Malinvaud, Partner, Gide Loyrette Nouel
Lucy F. Reed, Partner, Freshfields Bruckhaus Deringer
Margrete Stevens, Senior Counsel, ICSID
Moderator: Bernardo M. Cremades,
B. Cremades y Asociados
Investor-to-State Arbitration in the Americas:
New Procedural Developments
Keynote Speaker: Antonio Parra,
Deputy Secretary-General, ICSID
Creating Windfalls Without Actually Investing
Martin Hunter, Barrister, Essex Court
NAFTA Arbitration: The U.S., the Canadian, and the Mexican Views
L. Yves Fortier, Partner, Ogilvy Renault
Andrea J. Menaker, Attorney-Advisor, NAFTA
Arbitration Division, Office of the Legal Advisor, U.S. Department
Claus von Wobeser, Partner, von Wobeser y
Moderator: Roberto Illingworth Cabanilla,
The FTAA - Entrance to the
World’s Largest Market:
Dispute Resolution Mechanisms
Potential FTAA Disputes from a Trade Perspective
Shanker A. Singham, Chair -
International Trade &
Competition Group, Steel Hector & Davis LLP
Arbitration Issues Under the FTAA
Salvador J. Juncadella, International Consultant,
Morgan, Lewis & Bockius LLP
Antonio Parra, Deputy Secretary-General, ICSID
Keith S. Rosenn, Professor, University of Miami
School of Law
Moderator: George Mencio, Partner,
Holland & Knight LLP
Arbitration Without a Contract: The
Impact on You
Keynote Speaker: William K. Slate II,
CEO and President,
January 30, 2004
The Panama Convention
“Latin American” Treaties
Arbitration Trends in Recent Latin American Treaties
Francisco Orrego Vicuña, Professor,
The Co-Existence of the Panama and New York Conventions
Daniele Favalli, Of Counsel,
Steel Hector & Davis LLP
Pitfalls When Enforcing Awards in Latin America
Juan Carlos Esguerra Portocarrero, Partner,
Esguerra, Gamba, Barrera, Arriaga & Asociados
Marco E. Schnabl, Partner, Skadden, Arps, Slate,
Meagher & Flom LLP
Guido Fernando Silva Soares, Professor,
Universidade de São Paulo
Moderator: Sergio Huidrobo Corbett,
Albert Orosa, Vice President, AAA
Bernardo M. Cremades, Madrid, Spain
B. Cremades y Asociados, Madrid; Professor of International
Business Law, Universidad de Madrid; correspondent in Spain, Revue de
l’arbitrage and International Arbitration Law Review;
member, ICC Institute of World Business Law.
Author of Arbitration in Spain (1991), Litigation in
Spain (1989), and numerous articles in arbitration-related law
reviews. Law degree, Doctorate, Universidad de Sevilla, 1968; Dr. iur.,
University of Cologne, Germany, 1967; Universidad de Sevilla, 1965.
Esguerra Portocarrero, Bogota, Colombia
Partner, Esguerra, Gamba, Barrera,
Arriaga & Asociados; Professor of Law, Universidad Javeriana;
arbitrator, Bogotá Chamber of Commerce and International Chamber of
Commerce Court of Arbitration. Former
Minister of Defense; Ambassador to the United States; Vice Minister of
Communications; member of the 1991 Constitutional Assembly.
LL.M., Cornell University, 1973; J.D., Universidad Javeriana,
Of Counsel, Steel Hector & Davis LLP; Pestalozzi Lachenal
& Patry (Zurich, Switzerland), 1994-1999. AAA Roster of Neutrals,
Commercial Panel; member of ICC working group on arbitration; Co-Chair
of the annual Miami International Arbitration Conference (2003 and
2004). LL.M., University of
Texas at Austin, 2000; J.D., University of St. Gallen (Switzerland),
L. Yves Fortier,
Partner, Ogilvy Renault; member of the ICSID panel of
conciliators and arbitrators; former President, London Court of
International Arbitration; former member, Permanent Court of Arbitration
at The Hague; former Ambassador and Permanent Representative of Canada
to the United Nations; Vice-President of the 45th United
Nations General Assembly; arbitrator and senior claims judge on the
Claims Resolution Tribunal for Dormant Accounts in Switzerland.
B.C.L., McGill University, 1958.
Corbett, Santiago, Chile
Inter-American Bar Association; Partner,
Estudio Jurídico Sergio Huidobro y Cia. Ltd.; Professor of
International Business, Universidad de las Américas. Lic., Pontificia Universidad Católica de Chile.
Martin Hunter, London, England
Barrister, Essex Court Chambers, London, 1994; former Partner of
Freshfields, 1967-1994. Professor of International Dispute Resolution,
Nottingham Law School, 1995; visiting Professor, King’s College,
London University, 2003; member, ICC International Court of Arbitration,
1988-91; member, Arbitration Court of the London Court of International
Arbitration, 1987-2003; member, Board of Advisors, American Review of
International Arbitration, 1989; member, Senior Advisory Board,
International Arbitration Law Review, 1997.
Co-author, Law & Practice of International Commercial
Arbitration (with Alan Redfern, editions of 1985, 1991 & 1999);
co-author, The English Arbitration Act 1996: Text and Notes (with
Tony Landau, 1998); co-author, Arbitration Title, Halsbury’s Laws
(with Ben Pilling, 2002); co-author, Arbitration and ADR Title,” Butterworths
Encyclopaedia of Forms & Precedents (with Philip Croall, 5th
Roberto Illingworth Cabanilla, Guayaquil,
President, Inter-American Commercial Arbitration
Commission (IACAC), since 2001; Professor, Universidad Católica de
Santiago de Guayaquil Law School; Permanent Executive Secretary, Consejo
Consultivo Empresarial Andino; Executive Secretary, Confederación de Cámaras
de Comercio del Grupo Andino. Doctor of Law (1986) and law degree (1982), Universidad Católica
de Santiago de Guayaquil.
Salvador J. Juncadella, Miami, Florida
International Consultant, Morgan, Lewis & Bockius LLP; former
corporate counsel, Exxon Corporation’s affiliates in Latin America;
former general counsel, Esso Inter-America, Inc.; Partner, Bufete de
Mendoza, Havana, Cuba. President,
the Inter-American Bar Association, 1997-98; member of the Board of
Directors, Vice-Chair, and member of the Executive Committee, Commercial
Dispute Resolution Center of the Americas, since 1996. Publications
include: Establishment of Branches of Foreign Companies in the
Central American Common Market and Panama; contributor, Florida
Bar’s International Transactions Manual (1988 & 1992). LL.D.,
Universidad de la Habana, Cuba, 1952.
Carolyn B. Lamm, Washington, D.C.
Partner, White & Case. Member
of a NAFTA chapter 11 tribunal; member, U.S. Secretary of State’s
committee on private international law and study group on the proposed
Hague Convention on Jurisdiction and the Enforcement of Judgments;
alternative U.S. member, NAFTA committee on private dispute resolution;
recent developments reporter, International Arbitration Law
include: The International Centre for Settlement of Investment Disputes:
Responses to Problems and Changing Requirements,” Arbitration,
Journal of the LCIA (February 1998) and “Jurisdiction of the
International Centre for Settlement of Investment Disputes,” ICSID
Review: Foreign Investment Law Journal (April 1992). J.D.,
University of Miami School of Law, 1973.
Partner, Gide Loyrette Nouel; former Associate, Sullivan &
Cromwell (New York). LL.M.,
Harvard Law School, 1988; Advanced Studies Degree in Private and
International Law, University of Paris II, 1986.
Member of the Paris and New York Bars.
Andrea J. Menaker,
Attorney-Adviser, NAFTA Arbitration Division, Office of the Legal
Adviser, U.S. Department of State.
Adjunct Professor of International Commercial Arbitration,
Georgetown University Law Center. Defends
the United States in international arbitrations under the investment
chapter of NAFTA and participates in similar arbitrations against Canada
and Mexico. J.D.,
University of Washington.
Head of the International Practice Area and Partner, Holland
& Knight LLP. Member of
the Cuban-American Bar Association, the Inter-American Bar Association,
and the International Bar Association.
J.D., University of Miami School of Law, 1981.
Francisco Orrego Vicuña, Santiago, Chile
Professor of Law, Universidad de Chile; board member,
International Arbitration Institute; President, Administrative Tribunal
of the World Bank; member, list of ICSID arbitrators and conciliators;
former Chairman of a panel of commissioners of the UNCC; member,
Commission on the Settlement of Disputes between Chile and the United
States. Publications include: “Changing Approaches to Nationality
of Claims in the Context of Diplomatic Protection and International
Dispute Settlement,” in Liber Amicorum Ibrahim F.I. Shihata 503
(2001) and “Peaceful Settlement of Disputes - Prospects for the 21st
Century,” in The Centennial of the First International Peace
Conference (2000) (with C. Pinto).
Ph.D. in International Law, London School of Economics and
Political Science, 1986; law degree, Universidad de Chile, 1965.
Antonio Parra, Washington, D.C.
Deputy Secretary-General, International Centre for the Settlement
of Investment Disputes (ICSID). Former
Legal Adviser and Senior Counsel, ICSID.
Managing Editor, ICSID Review: Foreign Investment Law Journal;
member of the Council of the International Federation of Commercial
Lucy F. Reed, New York, New York
Partner and member of the International Arbitration and Public
International Law Groups, Freshfields Bruckhaus Deringer LLP; Chair,
International Advisory Committee, American Arbitration Association;
arbitrator on the Eritrea-Ethiopia Claims Commission; U.S. State
Department Agent to the Iran-U.S. Claims Tribunal; lecturer in private
international law, The Hague Academy of International Law, 2001.
J.D., University of Chicago, 1977.
Keith S. Rosenn, Miami, Florida
Professor of Law and Director of LL.M. programs in Comparative
and Inter-American Law, University of Miami School of Law.
Former project specialist with the Ford Foundation.
Publications include: “Judicial
Review in Brazil: Developments Under the 1988 Constitution,” 75 Southwestern
Journal of Law & Trade in the Americas 301 (forthcoming);
“Federative Republic of Brazil,” in Gisbert H. Flanz, ed., 3 Constitutions
of the Countries of the World 1 (2001); and “Some Controversial
Aspects of the New Brazilian Arbitration Law,” with Arnoldo Wald and
Patrick Schellenberg, 31 University of Miami Inter-American Law
Review 223 (2000). LL.B., Yale Law School, 1963.
Marco E. Schnabl, New York, New York
Arps, Slate, Meagher & Flom LLP; Chairman, International Litigation
Committee, Commercial Litigation Section, New York State Bar Association;
member, Arbitration Committee, New York City Bar Association; member,
Committee on Arbitration, U.S. Council for International Business;
President, Committee on International Civil Procedure, Union
Internationale des Avocats. J.D.,
Columbia Law School, 1981. M.Phil.,
Economics, Columbia University, 1977; M.S., Management, Sloan School,
Massachusetts Institute of Technology, 1973; Lic., Economics,
Universidad de Buenos Aires, 1971.
Guido Fernando Silva Soares, São Paulo,
Professor of International Law, Universidade de São Paulo;
member of the list of arbitrators, MERCOSUR; member of the list of
arbitrators, Permanent Court of Arbitration of the Hague; member of the
list of arbitrators, Brasil-Argentina Chamber of Commerce.
Former diplomat in Moscow and Montevideo; former Minister
Counselor in the Permanent Mission of Brasil in Geneva for ILO, WIPO,
TRIPS, and international environmental conventions.
Publications include: “Arbitration and
International Trade,” Arquivos do Ministério da Justiça, v. 156, Oct./Dec.
1980; and “International
Arbitrations,” Enciclopédia Saraiva de Direito, v. 7.Ph.D., Political
Science, Pontifícia Universidade Católica de São Paulo, 1974; Master’s
Degree in Comparative Law, University of Illinois, 1973; law degree,
Universidade de São Paulo, 1960.
Shanker A. Singham, Miami, Florida
Partner and Chair of the International Trade and Competition
Group, Steel Hector & Davis; McKenna & Co., London, 1992-95;
Board of Advisors of the Florida FTAA, Inc.; Chair of Florida’s
Competition Policy Working Group to the Free Trade Area of the Americas. J.D., University of Miami School of Law, 1996; C.P.E.,
Guildford College of Law, England, 1992; M.A., Oxford University, 1990.
William K. Slate II, New York, New York
CEO and President, American Arbitration Association,
International Centre for Dispute Resolution, since 1994; visiting
Professor, Seton Hall University School of Law.
Served as an executive in both the Third and Fourth Federal
Circuits, overseeing judicial operations in eight states and the Virgin
Islands; member of various international arbitral institutions,
including the International Court of Sport (Lausanne, Switzerland) and
the United States Anti-Doping Agency’s Olympic Athlete Disputes Panel;
published author of 50 articles on law and business.
J.D., University of Richmond Law School; MBA, Wharton School of
Business, the University of Pennsylvania.
Margrete Stevens, Washington, D.C.
Senior Counsel, International Centre for Settlement of Investment
Disputes (ICSID); former legal officer, Privatbanken A/S (London);
former assistant protection officer, United Nations High Commissioner
for Refugees, Botswana and Malaysia.
Member, editorial board, ICSID Review: Foreign Investment Law
include: Bilateral Investment Treaties (with Rudolf Dolzer)(1995);
“Experience in Arbitrations under ICSID Rules Pursuant to Bilateral
Investment Treaties,” International Business Lawyer (September
2001); and “Arbitration and Investment Disputes: Are We Heading in the
Right Direction?”, News from ICSID (Spring 2001).
LL.M., London School of Economics; Cand. Jur., University of
Todd Weiler, Ontario, Canada
Counsel, NAFTALaw.org; global faculty member, Centre for Energy,
Petroleum & Mineral Law and Policy, University of Dundee, United
Kingdom. Former law clerk
to Justice Wetston, Q.C. (Federal Court of Canada); policy analyst in
various Canadian government departments (including Canadian Heritage,
the Treasury Board Secretariat and Revenue).
Publications include: NAFTA Investment Law and
Arbitration: Past Issues, Current Practice, Future Prospects
(New York: Transnational, 2004); “NAFTA Article 1105 and the
Principles of International Economic Law” 41 (2003) Columbia
Journal of Transnational Law 101; “Dodging Bullets: A First
Look at the Final Award in Loewen & the Loewen Group v. U.S.A.” 4
of World Investment 659; and “NAFTA Chapter 11
Jurisprudence: Coming Along Nicely” 9 (2003) Southwestern
Journal of Law and Trade in the Americas 101.
LL.M. (2002), University of Michigan; LL.M. (1998), University of
Ottawa, Canada; M.A. (1993) and LL.B. (1996), University of Western
Claus von Wobeser, Mexico City, Mexico
Partner, von Wobeser y Sierra, S.C.; President, Mexican Bar,
2001-02; lecturer on arbitration, Escuela Libre de Derecho; member of
the ICC Court of Arbitration, 1982-88; Vice-Chairman, IBA Arbitral
Committee D; president, Arbitration Committee, ICC Mexico; fellow,
Chartered Institute of Arbitrators. Doctor of Law, University of Paris,
1983. Law degree, Escuela Libre de Derecho, 1979.
About Steel Hector & Davis LLP
Steel Hector & Davis LLP is an international law firm based in
Miami with more than 200 attorneys in 11 offices around the world,
including Buenos Aires, São Paulo, Rio de Janeiro, Caracas, Santo
Domingo, and London. Steel Hector & Davis is a full-service firm that
maintains practices in a wide variety of areas, including a sophisticated
international litigation and arbitration practice providing services to a
broad range of corporate and individual U.S., Latin American, and European
clients. Steel Hector &
Davis lawyers are accustomed to acting as legal counsel or as arbitrators
on complex commercial disputes. The international litigation and
arbitration group is comprised of lawyers from a variety of cultural and
ethnic backgrounds and includes both common and civil law practitioners
who pride themselves on working together as members of an integrated team.
The Firm’s attorneys also speak various foreign languages,
including Spanish, Portuguese, French, Italian, and German and are capable
of conducting international litigation and arbitration proceedings in
these foreign languages as well as in English.
For additional information, please visit www.steelhector.com.
are responsible for making their own travel arrangements.
It is recommended that you check with your local U.S. Consulate and
apply in good time for any necessary visa.
Rooms are available at the Biltmore Hotel in Coral Gables at a
special conference rate of $269 plus tax per night.
Reservations must be made by December 10 to ensure this promotional
rate. The hotel’s
reservations department can be reached at +1.305.445.1926
or 1.800.727.1926 (within the United States).
When making a reservation, you should mention the Steel
Hector & Davis Conference, Group Number 8467. Additional information about the Biltmore is available at: www.biltmorehotel.com.