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SOUTH AMERICAN REGIONAL CONFERENCE
The South American Legal Environment:
9:30am - 11:00am
Chinese-Latin American trade and investment are increasing every year, and the recent China/Chile Free Trade Agreement highlights the dynamic relationship between these economies. Trade data and trends indicate that growth in Chinese trade in some parts of Latin America may represent a loss of trade in other parts. The great number of preferential trade agreements in Latin America, most in different stages of development, also creates advantages and disadvantages for specific countries and goods. This program presents a mock case study in which "clients" and their lawyers representing a Chilean company that has subsidiaries in different Latin American countries lead the audience through negotiations and legal decisions on the development of operations with a Chinese company. In the course of the negotiations, the lawyers will resolve pertinent issues that may arise under various scenarios, such as trade agreements, sourcing, rules of origin, legal entity and corporate law, as well as a variety of financial and cultural issues that may arise in such cross-border transactions.
Ignacio Randle (Caparrós & Randle, Buenos Aires, Argentina); Jimmie V. Reyna (Williams Mullen, Washington, DC, U.S.A.); Juan Pablo Schwencke (Aninat Schwencke & Cía, Santiago, Chile).
Ignacio Randle (Caparrós & Randle, Buenos Aires, Argentina)
Jimmie V. Reyna (Williams Mullen , Washington, DC, U.S.A.); Juan Pablo Schwencke (Aninat Schwencke & Cía, Santiago, Chile); Jeff Lewis (Cleary Gottlieb Steen Hamilton, New York, U.S.A.); Adrián Vázquez (Vazquez Tercero y Asociados, Mexico City, Mexico).
Tales of Latin American International Arbitration: Navigating the Reality of Latin American Arbitration through Illustrative Practical Experiences
International arbitration has increasingly become a context in which different cultures and legal traditions meet and, sometimes, clash. At the same time, and for the same reason, differences tend to blur and slowly but steadily are giving birth to a distinctive practice. Latin American international arbitration is not alien to this reality. Evidence, expert testimony, witness cross examination and style of advocacy all pose their own challenges. This panel will explore-through the practical experience of the participants as counsel to private and sovereign parties, arbitrators, and experts-all those unique (or not so unique?) aspects of Latin American international arbitration.
Program Co-Chairs and Moderators:
Tomás Allende (Beccar Varela, Buenos Aires, Argentina); Sandra S. González (Ferrere Abogados, Montevideo, Uruguay).
Louis B. Kimmelman (Allen & Overy, New York, U.S.A.); Ignacio Suárez Anzorena (Clifford Chance, London, UK); Emilio Vogelius (Beccar Varela, Buenos Aires, Argentina) Cristián Conejero Ross, ICC Court Secretariat, Counsel for Latin America, Paris, France); Julio César Rivera (Julio César Rivera Abogados, Buenos Aires, Argentina).
11:00am - 11:15am
11:30am - 12:45pm
This program will discuss important developments involving remedies and divestments imposed in complex merger control cases in Latin America. How is a complex merger control case resolved in Latin America? What types of remedies are usually imposed? Are remedies sought to re-create lack of competition? Can the remedies be negotiated with the enforcers? How much time do the remedies take to be completed? What has been the reaction of the courts in reviewing merger control remedies? The presentations by this distinguished panel of experts will focus on specific topics of interest in this area of law, including merger control cases and their remedies, legislative changes, judicial review and new trends related to this topic.
Program Chairs and Moderators:
Miguel del Pino (Marval O'Farrell & Mairal, Buenos Aires, Argentina) and Cristóbal Eyzaguirre (Claro & Cía, Santiago, Chile).
Gerardo Varela (Cariola Diez Pérez-Cotapos y Cía., Santiago, Chile); Michael H. Byowitz (Wachtell, Lipton, Rosen & Katz, New York, U.S.A.); Marcelo Calliari (Tozzini Freire Teixeira e Silva, Sao Paulo, Brazil); Alfredo M. O'Farrell (Marval, O'Farrell & Mairal, Buenos Aires, Argentina); Juan Manuel Mercant (Guyer & Regules, Montevideo, Uruguay).
The recent explosion of investor-State disputes before international arbitration fora, including the International Centre for Settlement of Investment Disputes (ICSID), has focussed greater public attention on those cases, and has generated growing concern in developing States about the expansive use by foreign investors of bilateral investment treaties (BITs) and other investment protection instruments to assert enormous claims against them before international tribunals.
The panel will address "hot topics" in the field of investor-state dispute resolution including the implications of this relatively new exposure to international liability by developing states, and issues of transparency and confidentiality on ICSID proceedings in light of the significant public policy issues often raised by ICSID cases and the growing awareness by the public of the significance and implications of these disputes issues. The panel will also evaluate the advantages and disadvantages for States of being a party to BITs and other instruments that provide investors with the opportunity to resort to international tribunals for dispute resolution, including the degree of importance that foreign investors attach-in the context of evaluation the desirability of making a given investment-to the availability of international arbitration. In that regard, the panel will contrast the experience of Brazil, which has no BITs and is not a party to the ICSID Convention, with that of other states such as Argentina, Venezuela and Ecuador.
Paolo Di Rosa (Winston & Strawn, LLP, Washington, DC, U.S.A.); Guido Tawil (M & M Bomchil, Buenos Aires, Argentina).
Paolo Di Rosa (Winston & Strawn, LLP, Washington, DC, U.S.A.).
Eduardo Gonçalves (Barretto Ferreira, Kujawski, Brancher e Gonçalves, Sao Paulo, Brazil); Guido Tawil (M & M Bomchil, Buenos Aires, Argentina); Martha Escobar (Senior Attorney General, Quito, Ecuador); Daniel Magraw (Center for International Environmental Law, Washington, DC, U.S.A.), Bartom Legum (Debevoise and Plimpton, LLC, Paris, France).
1:00pm - 2:30pm
2:45pm - 4:15pm
Panelists will examine various aspects of natural resource development, including a look at the mining boom in South America and reasons for its success, as well as legal trends in the renewable energy sector. The panel will explain the general legal framework, the roles of local and national governments, the impact of environmental laws and NGO activity and the promotional tools applicable to natural resource development, including analysis of whether these tools can survive regional crises.
Program Chair and Moderator:
Guillermo Malm Green (Brons & Salas, Buenos Aires, Argentina).
Hernán Zaballa (Brons & Salas, Buenos Aires, Argentina); Enrique Benitez (Urrutia & Urrutia, Santiago, Chile); Mark D. Safty (Holland & Hart LLP, Denver, USA); Cecilia Vidigal Monteiro de Barros (Xavier, Bernardes e Braganca, Sao Paulo, Brazil); Luis Carlos Rodrigo (Rodrigo, Elías & Medrano, Lima, Peru).
Free Trade Agreements and the Advancement of Intellectual Property Protection and Rights Enforcement in Latin America
As part of an international initiative to combat counterfeiting, piracy and grey market goods, the Intellectual Property provisions of Free Trade Agreements between the United States and its Latin American Trading Partners as well as the implementation of the TRIPS Agreement are establishing high standards for Intellectual Property Protection and Enforcement. Panelists from different countries of the Americas will discuss how Free Trade Agreements and TRIPS are defining Intellectual Property legislation and enforcement throughout the Americas.
Susan Brushaber (Schuchat, Herzog & Brenman, Denver, U.S.A.); Héctor Ariel Manoff (Vitale, Manoff & Feilbogen, Buenos Aires, Argentina); Steven M. Richman (Duane Morris, Hamilton, U.S.A.).
Susan Brushaber (Schuchat, Herzog & Brenman, Denver, U.S.A.); Steven M. Richman (Duane Morris, Hamilton, U.S.A.).
Héctor Ariel Manoff (Vitale, Manoff & Feilbogen, Buenos Aires, Argentina); Leticia Provedel (Veirano Advogados, Sao Paulo, Brazil); Fernando Jamarne (Estudio Alessandri, Santiago, Chile); Susan Brushaber (Schuchat, Herzog & Brenman, Denver, U.S.A.); Steven M. Richman (Duane Morris, Hamilton, U.S.A.).
4:15pm - 4:30pm
4:30pm - 6:00pm
This program will include featured experts’ analysis of the different markets and sectors of the region, offering a detailed examination of recent developments in project finance in Latin America. Speakers will share views on the various regional and country trends and summarize principal findings and lessons learned from case studies, which would be valuable to anyone working on project finance in the region. Spanning mining, oil and gas, power, telecommunications, transport, water and sewerage projects, discussions will examine topics including financing methods and structures, country, markets and operational risks, as well as the mitigation of those risks.
Program Chair and Moderator:
Pablo Ferraro Mila (González & Ferraro Mila, Buenos Aires, Argentina).
Meaghan McGrath Beaumont (International Finance Corporation, Washington, DC, U.S.A.); Marcos Ríos (Carey & Compañía Ltda., Santiago, Chile); Mario Caramutti (Director, Calyon, Buenos Aires, Argentina); María Julieta Moreno (Interamerican Development Bank, Buenos Aires, Argentina); Isabel Franco (Demarest e Almeida Advogados, Sao Paulo, Brazil)
Closing the Gap with the Latin American Lawyer
This panel addresses the issues of working effectively with local counsel in South America. Panel discussion will center on enhancing the relationship between civil law practitioners and attorneys and clients accustomed to common law systems. This will entail an examination of Latin American practices as they relate to problem assessment and resolution, ethics, conflicts of interest, time and billing and other aspects of client service. Specifically, the panel will explore the shaping of the Latin American lawyer as it relates to world view and problem resolution. How to manage the perceived civil-law syndrome of "telling the client only what it can't do" or "telling the client only what it wants to hear." Addressed to persons on both sides of the legal divide, the panel will look at how to avoid pitfalls in communication and expectations.
Program Chair and Moderator:
Laurence P. Wiener (Negri & Teijeiro, Buenos Aires, Argentina).
Bruce Horowitz (Paz Horowitz, Quito, Ecuador); Jorge Vega-Iracelay (Microsoft Corporation, Buenos Aires, Argentina); Sergio Berensztein (Universidad Torcuato Di Tella, Buenos Aires, Argentina); Martín Bohmer (Invited) (Universidad de San Andrés, Buenos Aires, Argentina), Todd Bowers (DLA Piper, Dallas, Texas, USA)