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Program AgendaFriday, October 307:00 a.m. - 6:00 p.m. 7:15 a.m. – 8:30 a.m. 7:15 a.m. – 7:45 a.m. 7:45 a.m. – 8:30 a.m. 8:30 a.m. - 10:00 a.m. The financial crisis has impacted almost all existing commercial agreements. Many of these agreements have force majeure provisions or other similar provisions, whose enforceability may be challenged or be more difficult to enforce. This panel will review from each country's perspective the impact that the crisis has had on various forms of commercial agreements and the obstacles to enforcing certain provisions and terminating various forms of commercial relationships in Latin America. Audience members will assist a lively discussion on those and other issues that arise when the crisis directly impacts a party'sability to comply with commercial relations. Sponsoring Committees: Program Chairs: Moderator: Speakers: 8:30 a.m. - 10:00 a.m. The Section of International Law 2009 Fall Meeting convenes on the eve of the First Review Conference of the Assembly of State Parties to the International Criminal Court. This session will include a discussion of issues to be addressed at the Review Conference (including possible new jurisdiction over the crime of aggression), what's at stake for the United States, how the U.S. should approach the conference and the Court generally. Three distinguished experts with extensive experience in U.S. government and international criminal tribunals- currently chairs of Task Forces on the Court separately convened by the American Society of International Law and the Section of International Law- will share their perspectives on the future of the Court and U.S. policy toward it. Sponsoring Committee: Other Sponsors: Program Chair & Moderator: Speakers: 8:30 a.m. - 10:00 a.m. The Obama Administration has signaled that a new framework for trade is required. This program will present perspectives on which issues will formulate that framework and shape United States trade policy for the next several years. It will present a chance to discuss topics that influence U.S. trade relationships with the countries of the world, such as: To what extent will trade be a component of U.S. foreign policy - and with whom? In which areas will we see changes in trade policy from the previous administration? What must the international lawyer understand about the future of U.S. trade policy? A comprehension of the objectives of U.S. trade policy and the means implemented to reach them is critical to the international practitioner. Those attending this program will be that much better prepared for the new trade rules. Sponsoring Committee: Other Sponsors: Program Chair & Moderator: Speakers: 8:30 a.m. - 10:00 a.m. Experienced international lawyers understand that having studied Spanish in high school or roomed in college with a Latino is not enough to understand foreign cultures or work effectively in other countries. Do U.S. Hispanic lawyers fare better than most? This unique program is organized by the International Law Section of the Hispanic National Bar Association (HNBA). Through a unique presentation format, U.S. Hispanic attorneys serving as in-house counsel for major corporations with significant business inLatin America offer expert perspectives on legal developments in Latin America. The program also focuses on how to successfully handle cultural and language barriers. The program is structured to create lively and interactive exchange with the audience (the 5thpanelist) on the basis of actual, personal experiences. Sponsoring Committees: Program Chair: Moderator: Speakers: 8:30 a.m. - 10:00 a.m. While damages are frequently the desired outcome of litigation or arbitration from a Claimant's perspective, their calculation is often given scant attention. There is a variety of calculation methods available to the damages expert, with some more appropriate to a particular circumstance than others. While experts are expected to serve the tribunal (in addition to serving the party that appointed them), there may be additional professional and ethical guidance brought to bear by a particular expert's professional certifying body. That guidance, in turn, can significantly affect the expert's analysis and conclusions. Our panel will use a case study example to highlight differences in applicable damages methods and the ethical guidance and professional standards of various expert bodies from the perspective of the experts themselves, the counsel who retain them and the arbitrators who must evaluate their evidence. Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:00 a.m. - 10:30 a.m 10:30 a.m. - 12:00 p.m. In a roundtable format, some of the today's top arbitrators will share their views on the best practices currently in use in the management of arbitral proceedings, including their views on issues such as the presentation of evidence, privilege, disclosure of information between the parties, arbitrator deliberations and drafting of the arbitral award. The speakers will also share their insights on, among other things, the ethical dilemmas facing arbitrators, the evolving state of arbitration, the different elements necessary for successful advocacy, the importance of culture, and their views on achieving consensus among arbitrators. This program offers a rare inside view into the decision making process of some of today's leading arbitrators, and will be of great interest to those serving as arbitrators, as well as those, who as advocates, seek to persuade arbitrators. Program Chair: Moderator: Speakers: 10:30 a.m. - 12:00 p.m This program will look at current issues that affect contract drafting and interpretation by commercial lawyers and litigators alike. Given that the CISG can have automatic application to contracts involving parties from Contracting States and may seriously modify their terms (a fact which many still not realize), potentially determining the outcome of litigation, this is a must attend program. Topics include: -Default Applicability: A Conflict of Laws Analysis of Articles 1(1)(a), 1(1)(b) and 6 of the CISG -Modification to the Parol Evidence Rule under Articles 8, 9, 11 and 29 of the CISG -Navigating the goods/services waters of Article 3(2) of the CISG -Modification to Damages and Remedies: Articles 74-77 of the CISG -Evolution of CISG jurisprudence in Argentina, Chile, Ecuador, and Mexico-A Comparative Analysis Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:30 a.m. - 12:00 p.m Through unprecedented international cooperation, government enforcers and regulators are reaching beyond their own borders to investigate possible violations of their civil and criminal codes related to international business operations and transactions. The long arm of the law has not only extended its reach, it has strengthened its grip and become increasingly well coordinated. This has resulted in the recent trend toward more prosecutions of individuals and record-setting penalties for companies and individuals. Because of recent high-profile cases, anti-bribery compliance, in particular, has become a major concern for international companies. This program will spotlight the unprecedented collaboration between U.S. and non-U.S. enforcement agencies, and examine the issues companies and their counsel need to understand when involved in a cross-border investigation, including: collecting data; navigating data privacy laws; understanding varying privilege laws; coordinating investigations and settlements with different enforcement agencies; and handling extradition issues. Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:30 a.m. - 12:00 p.m. Keeping apprised of the flurry of activity in bilateral and sub-regional trade and investment agreements in the Americas has become an overwhelming task for trade practitioners and other members of the legal community advising clients that operate in the Americas. With no reasonable prospects for the negotiation of the FTAA, the scramble to complete smaller sub-regional and bilateral FTAs and other treaties has resulted in a further tangling of the already complex web of existing agreements. At the same time, the scope of recent agreements has expanded to cover areas other than the traditional goals of trade integration and investment protection. A leading panel of experts from countries from the Americas, from North and South, government and private sector, will provide attendees with an update of recent developments and together, with views solicited from attendees, an effort will be made to envisage where the future of free trade integration lies in the Americas. Sponsoring Committees: Program Chair: Moderator: Speakers: 10:30 a.m. - 12:00 p.m. The foreign investment landscape in Latin America continues to shift dramatically, for economic, political, and ideologtical reasons—but not in a common direction. States such as Brazil, Colombia and Peru have made significant commitments to create a more favorable legal environment for FDI, and have generally become more accepting of international arbitration to resolve cross-border disputes. Other states have decidedly moved in the opposite direction: Bolivia, Ecuador and Venezuela in particular have enacted constitutional amendments or other laws, renegotiated treaties and contracts, defaulted on foreign debt payments, or shunned ICSID arbitration. These differing stances appear to have had a directly impact on foreigner investors' willingness to risk their capital: FDI flows in the former group have doubled or tripled in the five year period leading up to the current economic crisis, while foreign investment decreased significantly in the latter group during the same period. Why has such a dichotomy emerged? Is this antagonistism towards foreign investment a transitory surge of resource nationalism, or does it portend something more fundamental and enduring? This panel will consider this marked dichotomy and its ramifications for investment and investment arbitration in Latin America. Sponsoring Committees: Program Chair: Moderator: Speakers: 12:15 p.m. - 1:45 p.m. 2:00 p.m. - 3:30 p.m This interactive program consists of four presentations of equal duration on the status of the reception of important model texts in the Americas, interspersed with questions from the moderators and concluding with the opportunity to interact with the panelists. In the case of the New York Convention, we deal not with the adoption of the instrument, rather its application. With respect to the Model Law of International Commercial Arbitration, it is a question of the effect that the Model Law has had on arbitration legislation in the region. The subject of cross-border insolvency becomes more and more important every day, and will be of interest to legislators in the region. Already, some of the most important economies in the region have adopted the UNICTRAL Model Law. For the CISG, we deal with both reception and application. You will come away with a new appreciation for strong currents of convergence in the region that will be of great utility in your practice. Co-Sponsoring Organization: Program Chair: Moderators: Speakers: 2:00 p.m. - 3:30 p.m. This session is part of a two-part series (refer to the Friday 4:00 PM sessions for Part II). Both sessions take place at the Port of Miami. Transportation both to and from the Port of Miami will be provided for these sessions. Transportation will depart the hotel at approximately 1:15 PM and return at approximately 6:15 PM. As security clearances for participants are required, on-site registration for these off-site programs is only available through Wednesday at noon. Have you ever wondered what happens when cargo enters and leaves the country? Well, now is your chance! The Port of Miami is one of America's busiest ports and a very important contributor to the global markets and economies. It contributes over $17 billion annually to the Florida economy and is known both as the Cruise Capital of the World and the Cargo Getaway of the Americas. This program will commence with a Miami port representative who will give a presentation on the port's operations and will conclude with a tour of the port itself, where attendees will get a behind-the-scenes look at what really happens to cargo at the port, as well as cruise ship operations. Round-trip transportation will be provided. Sponsoring Committee: Program Chair & Moderator: Speakers: 2:00 p.m. - 3:30 p.m In 2001, Argentina, in the midst of a financial crisis, defaulted on its sovereign debt, triggering a wave of lawsuits by holders that did not participate in a restructuring offered by Argentina. Recently, Ecuador defaulted on its sovereign debt, claiming that the country's foreign debt had been illegally incurred by previous governments (the "odious debt" defense). Unlike in the case of Argentina, however, most holders tendered their debt to Ecuador. Drawing upon experiences in sovereign debt litigation, this program will discuss emerging issues in such litigation, including sovereign defenses; issues with respect to the enforcement of judgments in sovereign debt litigation; and different approaches taken in the cases of Argentina and Ecuador. Program Chair & Moderator: Speakers: 2:00 p.m. - 3:30 p.m. In the current economic crisis, companies are working to retain key employees, while at the same time undertaking workforce reductions in unprecedented numbers. Stock options are under water, and employers are trying to come up with alternatives. Additionally, non-compete agreements have taken on new importance, as key executives are fleeing for greener pastures. This program will discuss new challenges in structuring compensation systems and retaining key employees, and it will also discuss best practices for enforcing non-compete agreements when, despite their best efforts, key employees depart the company. The program will include a discussion of recent cases involving cross-border enforcement of employment agreements and non-compete agreements; best practices in drafting cross-border employment agreements; and the steps multi-national companies are taking to retain key executives. Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. This will be a roundtable panel presentation by experienced practitioners from around the world to discuss conducting real estate transactions in a slow market. It will include a discussion of restrictions for non-citizens investing in real estate in different countries, and exploring problems and tax issues arising from losses as a result of the global financial crisis. Given the large amount of distressed property on the market in the United States, including a large amount in the State of Florida, the program will also address the investment opportunities for foreign individuals, companies and investment funds in the U.S. distressed property market and some of the pitfalls and cross-border tax considerations in such transactions. Sponsoring Committees: Program Chairs: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. With the DR-CAFTA free trade agreement in effect for all Central American countries and the Dominican Republic as of January 2009, the parties are now under an obligation to negotiate an appellate body or similar mechanism for investor-State arbitration. If/when such a mechanism comes into place, it would be the first of its kind for investment arbitration. Is there a need for such a mechanism? What should the appellate mechanism look like? Can such a mechanism be created where other similar efforts have failed? What are the political issues that will affect what the mechanism looks like? The panel of current and former negotiators and investment arbitration litigators will answer these questions and examine a series of negotiating objectives laid out in DR-CAFTA in a lively format in which they make recommendations to a policy maker. Sponsoring Committees: Program Chair: Moderator: Speakers: 3:30 p.m. - 4:00 p.m. 4:00 p.m. - 5:30 p.m Latin America has been a leader in the microfinance movement since the 1970's. Today, Latin America is the home to some of the most developed microfinance institutions in the world. Unfortunately, the current economic downturn has significantly limited institutional access to funding sources. To help these institutions to continue lending, President Obama has announced the creation of a $100 billion Microfinance Growth Fund for the Western Hemisphere. The Fund is designed to help microfinance institutions rebuild their capacities to lend during the current economic downturn. While access to funding sources is critical to a microfinance institution's success, its ability to penetrate properly a particular country is equally, if not more, important. While microfinance institutions have seen great success in Latin America as a region, there continues to be a great disparity, with only some countries enjoying high rates of microfinance penetration. This program will discuss the impact of microfinance institutions on Latin America and the Caribbean. We will explore the importance of microfinance lending in times of economic crisis, the challenges to funding these institutions, and the impact that microfinance lending can have on depressed economies. We will also focus on how access to microfinance can be improved, especially in the most rural areas of Latin America and the Caribbean. Strategies for increasing penetration, including offering services through other established commercial venues, like pharmacies and markets, will be discussed. Sponsoring Committees: Program Chair: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. Large investments programs have been announced by governments in most Latin American countries as a reaction to the economic crisis. Those governments have decided to help private companies by granting loans or making equity investments. As a result, governments have started a new nationalization wave or at least ended up in a public-private partnership. This panel will compare and contrast host country perspectives in Latin America towards the role of government administration in the economy and whether this may foster or threaten private activity. Four to five Legal Directors of major companies will share their views in the region. Sponsoring Committees: Program Chair & Moderator: Speakers: 4:00 p.m. – 5:30 p.m Third party funding of international arbitration and litigation claims has increased dramatically over the past 18 months. Several funders and funding brokers in the U.S., UK and Australia are focused on this space, reporting significant increases in requests for funding of various sorts. Firms that accept international cases on a contingent fee basis see partial funding structures as a way to hedge their investments in the case outcomes. Firms that do not accept contingent fee cases view third party capital as a way to compete for engagements against rival firms that do. Claim holders—even large corporations—view sales of interests in claims as a way to hedge their risk of loss, even where funding is not strictly required to prosecute the claim. With the advent of legislation in the UK permitting third party funding, the phenomenon is likely to increase. There are ethics and legal issues associated with third party funding that must be taken into account in structuring the financing arrangement. This program will introduce sources for financing in international cases; ethics issues facing lawyers seeking such financing; and structures for financing cases. Program Chair: Moderator: Speakers: 4:00 p.m. - 5:30 p.m. Although the need of legal services and advise continues to grow worldwide and in all practices of law, there is an important constraint in the budgets of the clients to engage external counsel. In-house departments are assuming more tasks internally than what they did in the past. How are in.house departments changing? How are law firms reacting and what are their strategies? Is loyalty a value that is being rediscovered? Sponsoring Committees: Program Chair & Moderator: Speakers: 4:00 p.m. - 5:30 p.m. This session is part of a two-part series (refer to the Friday 4:00 PM sessions for Part II). Both sessions take place at the Port of Miami. Transportation both to and from the Port of Miami will be provided for these sessions. Transportation will depart the hotel at approximately 1:15 PM and return at approximately 6:15 PM. As security clearances for participants are required, on-site registration for these off-site programs is only available through Wednesday at noon. Have you ever wondered what happens when cargo enters and leaves the country? Well, now is your chance! The Port of Miami is one of America's busiest ports and a very important contributor to the global markets and economies. It contributes over $17 billion annually to the Florida economy and is known both as the Cruise Capital of the World and the Cargo Getaway of the Americas. This program will commence with a Miami port representative who will give a presentation on the port's operations and will conclude with a tour of the port itself, where ABA members will be able to get a behind-the-scenes look at what really happens to cargo at the port, as well as cruise ship operations. Round-trip transportation will be provided. Sponsoring Committee: Program Chair & Moderator: Speakers: 6:30 p.m. - 9:30 p.m. 10:00 p.m. |
