An ICDR InternatIonal arbItratIon ConferenCe: BoGoTá, ColomBIA

An ICDR International Arbitration Conference: Bogotá, Colombia Who Should Attend?

october 23, 2012

Attorneys, corporate counsel, business people and others involved in international commercial transactions and the design of conflict-management policies will benefit from the best practices and approaches utilized by experienced international business and ADR practitioners.

The International Centre for Dispute Resolution ® (ICDR), the international division of the American Arbitration Association® (AAA®), and the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá convene leading arbitration experts, in-house counsel, transactional ADR attorneys for their annual exploration of the latest trends, legal framework and conflict management options for complex and evolving global commercial transactions.

Simultaneous translation available for Spanish.

AGENDA • REGISTRATION FORM • CLE CREDIT INFORMATION

The 2012 ICDR International ADR Reporting Program Series Bogotá, Colombia

CONFERENCE SPONSORS

In Cooperation with

Asociación Latinoamericana de Arbitraje Associação Latinoamericana de Arbitragem

Conference Chair Eduardo Zuleta, Gómez-Pinzón Zuleta Abogados, Bogotá Conference Organizing Committee Luis Martinez Rafael Bernal Richard Naimark Steve Andersen Mark Appel Michael Lee Thomas Ventrone CONFERENCE GOALS The ICDR International ADR Reporting Program Series was organized to provide practitioners with important information and guidance on a range of international business transactions and the latest developments regarding conflict management options. At this ICDR International Arbitration Conference: Bogotá, Colombia, a special focus will be placed on ADR in the Americas and cross-border transactions between Colombian and U.S. parties. Attendees will experience a panel of international business and ADR experts assembled to • Discuss recent developments, issues, cases and trends. • Speculate on the future of international business and ADR in this post-crisis era of global commercial transactions. • Focus on particular areas of growth and practical advice on how to avoid potential problems and enhance predictability for international business transactions. An ICDR International Arbitration Conference: Bogotá, Colombia

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PROGRAM AGENDA 7:30-8:45

Registration and Coffee

8: 45-9:00

Welcome Remarks • Luis Manuel Martinez, Vice President, International Centre for Dispute Resolution, New York; President, Inter-American Commercial Arbitration Commission

• Rafael Bernal, Director, Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá The Sessions A moderator will introduce each session, followed by topic-specific presentations and discussion. Audience participation with a question-and-answer period ends each session. 9:15-11: 00

Session I: Corporate Counsel’s Strategy and Role in International Dispute Resolution

The successful outcome of an international arbitration or mediation is the resolution of a business dispute in a timely and cost-effective manner. As with any process, international dispute resolution needs to be managed carefully in order to assure the quality of its output. Corporate counsel can employ measures to ensure that the outcome meets the expectation of their companies. Sharing the strategies they have developed over the years, the panelists will point out pertinent considerations for corporate counsel to address, including the best practices that provide the basis for the conflict management policies they utilize for their own international commercial transactions. Topics include:

• • • • • •

Perspectives on establishing the conflict management policy. Drafting the Dispute Resolution Clause, Arbitration, Mediation, Litigation. Selecting, Coordinating and participating with Outside Counsel. Selecting the Arbitrator. Saving Time and Money. Structuring the arbitration.

Additional topics as well as questions submitted by the audience to be covered.

11: 00-11:30

faculty

mODERator

* Arturo Alvarado, Coca-Cola, Mexico City. * Jonathan Hamilton, White & Case LLP, Washington, D.C. * Mario Trujillo Hernandez, Grupo Energía de Bogotá, Bogotá. * David Lindsey, Chaffetz Lindsey LLP, New York.

* Jose Astigarraga, Astigarraga Davis, LLP, Miami.

Break (Coffee/Tea)

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PROGRAM AGENDA (cont.) 11:30-13:15

13:15-14:45

Session II: Rapid-Fire Discussion: Focus on South America An exciting and quick-moving session covering key legal and practice developments pertaining to South America. In rapid succession, experts will answer questions and provide updates on relevant topics (including the current state of affairs in international arbitration, key cases, legal updates, emerging trends and what the future holds for international ADR in South America) — all under tight time frames managed by the moderator. Special emphasis will be given to an overview of the potential advantages and problems in selecting a South American country as a seat of arbitration; investor-state arbitration; areas of concern and areas of promise. Conference attendees will have the rare opportunity to listen, compare and analyze the international dispute resolution landscape as presented by highly respected expert representatives from South America. faculty

moderator

* Rafael Bernal, Director, Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá. * Roberto Illingworth Cabanilla, Zavala Baquerizo Abogados, Guayaquil. * Adriana Polania, Secretary General of the Inter-American Commercial Arbitration Commission, Bogota. * Jose Antonio Rivas, Arnold & Porter LLP, Washington D.C..

* Andres Jana, Bofill Mir & Alvarez Hinzpeter Jana Abogados, Chile.

Lunch: Keynote Speaker: Michael J. Dennis, Office of Legal Advisor, United States Department of State, Washington, D.C. Head of the U.S. delegation for the UNCITRAL negotiations on ODR. Topic: UNCITRAL ODR: Legal Framework for Global E-Commerce Dispute Resolution


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Session III: Rapid-Fire Discussion: Focus on United States An exciting and quick-moving session covering key legal and practice developments pertaining to the United States. In rapid succession, experts will answer questions and provide updates on the current state of affairs in international arbitration and what the future holds for international ADR in the United States, as well as other relevant topics — all under tight time frames managed by the moderator. Conference attendees will have the rare opportunity to listen, compare and analyze the international dispute resolution landscape as presented by highly respected expert representatives from the United States. Topics include: • Recent important cases. • Various seats in the USA for international arbitration. • Document exchange, discovery, Article 1782, ICDR Guidelines on the Exchange of Information. • Interim Relief and ICDR Article 37 cases. • Manifest disregard of the Law. • Enforcement of arbitral awards. Additional topics as well as questions submitted by the audience to be covered.

16:15-16:45

faculty

mODERator

* Harry Burnett, King & Spalding LLP. New York. * Grant Hanessian, Baker & McKenzie LLP, New York. * Luis Manuel Martinez, Vice President, International Centre for Dispute Resolution, New York. * Quinn Smith, Smith International Legal Consultants, PA., Miami

* Oliver J. Armas, Chadbourne & Parke LLP

Break (Coffee/Tea)


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Session IV: The International Arbitrators’ Roundtable: What are the Issues? What really Works? The leading international arbitrators believe they know what works and what doesn’t. Find out from their viewpoint: What are the hallmarks of effective advocacy? How do they manage to tiptoe through procedural minefields? How do they manage an international arbitration efficiently? What are their most memorable experiences in international arbitration? What is the best approach to render a reasoned and enforceable award? How do you encourage positive panel dynamics and how do you deal with problem co-arbitrators? These and other procedural and substantive questions will be discussed during this moderated session. Topics include: • The preparatory conference, (first conference with ICDR, counsel and the arbitrators) and first procedural order structuring the arbitration. • Panel dynamics, the panel’s culture and legal tradition and the power of the chair. • Common Law vs. Civil Law--the differences and the convergence. • The scope of discovery requests; the use of depositions, interrogatories and electronic discovery; the ICDR’s Guidelines for information Exchange in international arbitration and the IBA Rules of Evidence. • Presentation of evidence, witness statements, testimonial evidence and questioning the witness. • Effective advocacy. • Post-hearing submissions; drafting of the award pursuant to the ICDR Rules; costs, interpretation or correction of the award; applicable laws and remedies; form of the award and. • Conflicts and disclosures. Additional topics as well as questions submitted by the audience to be covered.

18:15-18:30

faculty

mODERator

* Nicolas Gamboa Morales, Gamboa Chalela y Gamboa, Bogotá. * Dietmar W. Praeger, Debevoise & Plimpton LLP, New York. * Eduardo Silva Romero, Dechert LLP, Paris. * Fred Bennett, Quinn Emanuel LLP, San Francisco.

* Eduardo Zuleta, Gómez-Pinzón Zuleta Abogados, Bogotá.

Closing Remarks: Luis Manuel Martinez, Vice President,International Centre for Dispute Resolution


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REGISTRATION INFORMATION Registration Fee: USD $200.00 — Two Hundred Dollars Full payment must be received in order to process registration. Conference registration fees include admission to all sessions, along with the course materials, luncheon and breaks as outlined in the program agenda. Cancellation Policy: Please note that space availability is limited. Should you need to cancel your registration, a refund of 50% of the registration fee paid is available until October 01, 2012. We regret that no refunds can be made after that date. Substitutions can be made at any time. Language: English and Spanish. Simultaneous translation will be available. Materials: All materials will be available at the conference. CLE Credit Information: This program has been approved by New York State for a total of 7.5 hours of transitional/non-transitional CLE credit (2 Skills and 5.5 Professional Practice) - NNY State scholarship will be available upon request. The American Arbitration Association is a Registered Provider with the State Bar of California and therefore this program is also eligible for 6.5 hours of general MCLE credits. The AAA will not be offering CLE in any other jurisdiction but can provide a Uniform Certificate of Attendance for individuals to apply for their jurisdiction’s CLE. Venue: Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá AV. ELDORADO NO. 68D-35. PISO 3


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The 2012 ICDR International ADR Reporting Program Series An ICDR International Arbitration Conference: Bogotá, Colombia October 23, 2012

how to register You may register with the ICDR or the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá. to register with icdr COMPLETE THIS REGISTRATION FORM (Please type or print.)

Mr./Sr.

Mrs.

Mrs.

Dr.

Name: Job Title: Company: Address: City: Province/State: Postal Code: Country: Tel: Fax: Email: Visa Name on Credit Card: Card Number: Expiration Date: CSV#: Signature:

Fax completed form to: +1 212-716-5901 Attention: Jason Cabrera

Email details to: [email protected] Attention: Jason Cabrera

Mail completed form to: International Centre for Dispute Resolution 1633 Broadway, 10th floor New York, N.Y. 10019 Attention: Jason Cabrera

Online at www.aaau.org. (Select the Bogotá, Colombia program.)


Questions? Please call ICDR Jason Cabrera +1 212-484-3207.

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to register with the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá TO REGISTER BY FAX / MAIL PLEASE COMPLETE THIS REGISTRATION FORM (Please type or print.)

Mr./Sr.

Mrs.

Mrs.

Dr.

Name: Job Title: Company: Address: City: Province/State: Postal Code: Country: Tel: Fax: Email: Signature:

Fax completed form to: +571-2637892 Attention: Laura Espinosa

Email details to: [email protected] Attention: Laura Espinosa

Mail completed form to: [email protected] Attention: Laura Espinosa

Questions? Please contact Laura Espinosa Telephone: 594-1000 ext. 2322 / 2323 / 2326


E-mail: [email protected] Av. Eldorado No. 68D-35. Piso 3 Bogotá-Colombia

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to register with the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá Method of Payment: Transfer For transfers from above (only in US Dollars), these are the data of the bank accounts:

Name:

CÁMARA DE COMERCIO DE BOGOTÁ

Nit: 860.007.322-9 Dirección:

Avenida El Dorado Calle 26 No. 68D-35 Bogotá-Colombia

Teléfono:

(571) 5941000 Ext. 2323

Fax:

(571) 3830690

Correspondent Bank: CITIBANK NA. NEW YORK Swift Code:

CITIUS33

Aba Code: No. 021000089 Chips: No. 0008 Paying Bank:

BANCO DE OCCIDENTE

Swift Code: OCCICOBC Account No.

10950229

Beneficiary:

CAMARA DE COMERCIO DE BOGOTA

Accounts No.

265-03534-5 Privados

265-03715-0 Nacional

Method of Payment: Transfer For transfers in Colombia (only in COP Pesos), these are the data of the bank accounts:

Banco:

Banco de Occidente

Tipo de cuenta:

Checking Account

Número de cuenta:

265-03715-0

Entidad:

Camara de Comercio de Bogotá

Fax completed form to: +571-2637892 Attention: Laura Espinosa

Email details to: [email protected] Attention: Laura Espinosa

Mail completed form to: [email protected] Attention: Laura Espinosa

Questions? Please contact Laura Espinosa Telephone: 594-1000 ext. 2322 / 2323 / 2326


E-mail: [email protected] Av. Eldorado No. 68D-35. Piso 3 Bogotá-Colombia

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