July 03, 2020
Webinar 7/14 - Roundtable Discussion: Arbitration Institutions in Latin America
Tuesday, July 14, at 2:30 p.m., EDT
As the global COVID-19 pandemic develops, arbitration providers worldwide have evolved to accommodate the need for efficient and effective access to dispute resolution. In Latin America, although the situation is generating opportunities, the situation is further compounded by the economic and political crises that are taking place in many of the countries.
This program explores how arbitral institutions in Latin America are managing current caseloads and preparing for future uncertainties, challenges and change.
Speakers will discuss:
How have institutions managed the existing cases?
How prepared are institutions for a forthcoming surge of claims?
How might COVID-19 accelerate existing following trends?
o Use of technology
How will institutions respond to the above?
Will commercial and investment arbitrations be on the rise due to the state of flux in Latin America?
Cecilia Flores Rueda, FloresRueda Asociados, Mexico
Macarena Letelier, Executive Director
Centro de Arbitraje y Mediacion, Camara de Comercio de Santiago, Chile
Katherine Gonzalez Arrocha Director for LATAM
ICC International Court of Arbitration
Droulers & Asociados, Venezuela
May 19, 2020
Webinar: Arbitration Institutions in the Age of COVID-19, May 20th
Wednesday, May 20th at 11:00 AM Eastern Time via Zoom
Arbitration Institutions in the Age of COVID-19 – The State of International Arbitration
As the global COVID-19 pandemic develops, arbitration providers worldwide have evolved to accommodate the need for efficient and effective access to dispute resolution. Straining the very fabric of life as we know it, COVID-19 is widely predicted to trigger a wave of civil and commercial claims while undermining conventional approaches to redress. This program explores how arbitral institutions are managing current caseloads and preparing for future uncertainties, challenges and change. MIAS members ee email for free registration info.
REGISTRATION LINK: https://www.americanbar.org/events-cle/mtg/web/400504229/
April 02, 2020
Call for Submissions-The Impact of Covid-19 on the World of Arbitration and Mediation-WAMR Special Issue
The World Arbitration and Mediation Review (WAMR) has launched a call for submissions of articles on “The impact of the COVID-19 pandemic on the world of arbitration and mediation”. Our Editorial Board is particularly interested in articles that focus on (1) the implementation and use of new technologies to replace face-to-face interactions between parties, witnesses, and neutrals; (2) the challenges/shortcomings associated with the use of these new technologies for arbitration and mediation proceedings; (3) the implementation and use of new technologies in the realm of arbitration and mediation student competitions; (4) the role of the state/government, arbitral institutions, professional groups and associations in the wake of the current global pandemic; (5) substantive issues that arise in the context of arbitrated or mediated cases during times of global turmoil (e.g. force majeure defenses, damages, etcetera), and (6) any other aspects of practical relevance regarding the impact of the current state of affairs on international dispute resolution. Manuscripts will be accepted on a rolling basis until our issue is complete. Any specific queries, including WAMR’s submission guidelines should be directed to: email@example.com.
February 14, 2020
MIAS Task Force on Expedited Arbitration under the UNCITRAL Arbitration Rules
The MIAS Task Force on Expedited Arbitration under the UNCITRAL Arbitration Rules, chaired by John Barkett, has prepared comments on UNCITRAL's draft expedited arbitration provisions, to be considered by UNCITRAL Working Group II at its seventy-first session, in New York, February 3-7, 2020.
Working Group Transmittal Letter
Expedited Arbitration Table prepared by MIAS Task Force on Expedited Arbitration
February 11, 2020
MIAS Member Appointed to ICSID Panel
The Kingdom of Spain, homeland of MIAS member Javier Fernández-Samaniego, has appointed him as Conciliator to the ICSID Panel of Arbitrators and Conciliators for a term of six years.
January 28, 2020
Issues in International Arbitration CLE, Feb. 6th NSU Law
Srilal M. Perera, Retired Professor of Law Washington College of Law, American University, Washington, D.C.
The presentation will be focused on issues relating primarily to investor/State arbitration
Thursday, February 6, 2020 (New Date)
5:00 - 7:00 pm
NSU Shepard Broad College of Law
CLE Credits Approved: General 1 .0, Certification Credits 1 .0: International Law & International Litigation & Arbitration
MIAS members attend free; see email for "N number."
For more information please contact Davy Karkason: firstname.lastname@example.org
January 03, 2020
Miami Law's Int'l Arbitration Institute Annual Carolyn Lamm/White & Case Lecture Jan. 22nd
University of Miami School of Law’s International Arbitration Institute invites you to the Annual Carolyn Lamm/White & Case Lecture, on
"International Arbitration: Rise and Reform"
featuring guest speaker
President of ICCA, the International Council for Commercial Arbitration.
Wednesday, January 22, 2020
5:30 - 6:00 PM - Registration
6:00 - 7:00 PM - Lecture
7:00 - 8:00 PM - Reception
Shalala Student Center
1330 Miller Drive
Coral Gables, FL 33146
Valet Parking or Pay-By-Phone parking is available
1 Florida CLE credit pending approval by The Florida Bar
January 03, 2020
MIAS Membership Meeting with Gabrielle Kaufmann-Kohler, Tues., Jan. 21st
Featuring Gabrielle Kaufmann-Kohler, President of ICCA and Partner at Levy Kaufmann-Kohler
Hughes Hubbard Reed
201 S. Biscayne Blvd.
Tuesday, January 21, 2020
Registration: 8:00 a.m; Program: 8:15 a.m. – 9:30 a.m.
Gabrielle Kaufmann-Kohler is a partner of Lévy Kaufmann-Kohler and practices international commercial and investment arbitration, having acted in over 220 international arbitrations. She regularly ranks among the top ten arbitrators worldwide; a study of investment arbitration released in 2016 concluded that she was the “most influential arbitrator in the world”. She appears on numerous institutional panels (including ICC, ICSID, SIAC, CIETAC). Professor Emerita at Geneva University, Gabrielle is the founder of the Geneva LL.M. in International Dispute Settlement (MIDS). She is currently a visiting professor at Georgetown Law, Sciences Po Paris, the MIDS, National University of Singapore and Tsinghua Beijing. Honorary President of the Swiss Arbitration Association (ASA), Gabrielle is also among others a former member of the ICC Court, LCIA Court, and AAA Board, and a member of the Swiss delegation to UNCITRAL..
October 21, 2019
ARBITRATION WEEK in MIAMI Friday November 7 – Wednesday, November 13, 2019
Young ICCA Skills Training Workshop on Interim and Provisional Measures in International Arbitration
Thursday, November 7, 2019, 4:00 p.m. - 6:00 p.m. (cocktail reception to follow)
University of Miami, Shalala Student Center (Senate Room (third floor)), 1330 Miller Drive, Coral Gables
2nd Annual USCIB/ICC USA Arbitration Florida Roundtable
Friday, November 8, 2019 12 Noon - 2:00 p.m.
Hughes Hubbard & Reed, 201 S. Biscayne Blvd.
The University of Miami School of Law’s International Arbitration Institute and International Moot Court Program Keynote Lecture
Friday, November 8 12 noon – 2 p.m.
Room E352 at the Law School
Professor Rudolf Dolzer on “Fair and Equitable Treatment: Past, Present and Future”
Rounds of the Foreign Direct Investment (FDI) International Arbitration Moot Competition
November 7 – 10, 2019 University of Miami School of Law
Register as a volunteer arbitrator
ICC Miami Kickoff Reception
Saturday, November 9
White & Case, Southeast Financial Center, 200 South Biscayne Boulevard, Suite 4900
White & Case, Arbitral Women, the Pledge, Women Way in Arbitration LATAM, and the University of Miami’s International Arbitration Institute are delighted to invite you to a kickoff reception in honor of the 17th ICC Miami Conference on International Arbitration.
RSVP: Andres Varona, email@example.com
17th ICC Miami Conference on International Arbitration
Sunday, November 10 – Tuesday, Nov. 12
Mandarin Oriental Hotel
Intelligence about Arbitrators & the Future of International Arbitration
Tuesday, November 12, 2019 5:30 – 6:30 p.m.
Shutts & Bowen LLP, 200 South Biscayne Boulevard, Suite 4100
State of International Arbitration 2020
with Professor Dr. Guido Santiago Tawil.
Also, a short presentation on the new CPR Data Security Protocol
Tuesday, November 12, 2019, 5:30 – 8:00 p.m.
Holland & Knight, 701 Brickell Avenue
Women in Arbitration Reception
Tuesday, November 12, 4:00 p.m. to 6:00 p.m.
The Wine Room at the Mandarin Oriental
The Hogan Lovells International Arbitration Women’s Steering Committee and co-hosts Florida International University College of Law’s Women’s Initiative Program and the University of Miami School of Law’s International Arbitration Institute invite you to a reception immediately following the ICC Miami Conference.
Click here to RSVP or contact firstname.lastname@example.org.
Miami International Tech/IP Arbitration Seminar
Wednesday, 13 November 2019 8:00 – 12 noon
Florida International University Downtown Campus, 1101 Brickell Avenue
"Arbitrating Technology and Intellectual Property Cases: Latin American and European Approaches" CLE available
Planning Past Unconscious Bias: The Arbitral Women Diversity Toolkit
Wednesday, November 13, 2019 9:00 a.m. – 5:30 p.m.
Offices of AAA and ICDR, 100 SE 2nd Street, Suite 2300
RSVP: Angela Valedon
October 29, 2019
NSU Law Presents: Issues in International Arbitration Nov. 22nd
NSU Law International Arbitration Society Presents: Issues in International Arbitration
Friday, November 22, 2019
5:00 - 7:00 pm
NSU Shepard Broad College of Law
CLE Credits Approved
Certification Credits 1.0: International Law & International Litigation & Arbitration
Register (MIAS members attend for free; see email for "N number.")
Guest Speaker: Srilal M. Perera
The presentation will be focused on issues relating primarily to investor/State arbitration, since the issues are common to all cross-border transactions that may result in arbitration. Jurisdiction issues such as nationality of claims, state responsibility for acts of agents of the state, and rights of non-signatory claimants will be discussed. Specifically merit issues such as expropriation/nationalization, both direct and constructive takings, breaches of contractual obligations and Treaty obligations such as the umbrella clause, fair and equitable treatment, and finally, compensation and compensation standards.
This program is designed for attorneys and students interested in pursuing careers in International Arbitration.
For more information please contact Davy Karkason email@example.com
October 10, 2019
MIAS Collaboration for event at Miami Law Oct. 23rd
The International Arbitration Society at University of Miami School of Law presents a Panel Discussion on
"The Conflict between International Arbitration and Domestic Insolvency"
Wednesday, 23rd October, 2019 | 6:30 PM - 9:00 PM
E 352, UM Law School
(discussion followed by networking reception)
October 05, 2019
First Miami Tech/IP Arbitration Seminar, November 13, 2019
Arbitrating Technology and Intellectual Property Cases: Latin American and European Approaches
Wednesday, November 13, 2019
Florida International University Downtown Campus
1101 Brickell Avenue, Miami, Florida
Please RSVP here: www.miamitecharbitration.eventbrite.com
October 05, 2019
UNCITRAL Working Group Discusses MIAS Report
UNCITRAL Working Group II: Dispute Settlement. met in Vienna September 23 -27, 2019, MIAS Board Member Judith Freedberg participated in discussions that included MIAS's Report of the Task Force on Issues Related to Expedited Arbitration in connection with the UNCITRAL Rules. The MIAS Task Force on Expedited Arbitration under the UNCITRAL Arbitration Rules prepared a draft of proposed amendments for consideration by Working Group II. The amendments represent a response to comments and suggestions made during the meeting of the Working Group in New York in February 2019.
October 05, 2019
MIAS Files Amicus Curiae Brief in US Supreme Court
On September 24th MIAS filed its first Amicus Curiae Brief in SCOTUS.
The case is GE Energy v Outokumpu, and it’s in SCOTUS on a Petition for a Writ of Certiorari from the 11th Circuit Court of Appeals. Fundamentally, the issue is whether the common law doctrine of Equitable Estoppel is available to “non-signatories” of an international arbitration agreement who seek to compel arbitration under the New York Convention and Chapter 2 of the Federal Arbitration Act. Our position is “Yes”. In our view, it is the correct analysis of the applicable law and is also consistent with the mission of MIAS. This case is also important because it emanates from the 11th Circuit, our appellate “back yard”. I encourage you to read it, and I welcome your thoughts and comments.
It is noteworthy that our position in SCOTUS is further supported by additional AMICI Briefs filed by 1) the Department of Justice, 2) the National Association of Manufacturers, 3) the Chartered Institute of Arbitrators ( North America Branch), 4) the Chamber of Commerce of the United States of America, and 5) several leading international arbitration professors. See the SCOTUS docket sheet for further readings: GE Energy Power Conversion France SAS, Corp., fka Converteam SAS, Petitioner v. Outokumpu Stainless USA, LLC, et al.
Professor Sandra Friedrich from UM Law School and Professor Manuel Gomez from FIU Law School amassed a small ( but very effective) army of law students that provided very valuable research and assistance in the submission of this Brief.
September 09, 2019
MIAS Membership Meeting, Sept. 18th
MIAS Membership Meeting, featuring
John Barkett, Partner, Shook Hardy Bacon and Chair, MIAS Task Force on Expedited Arbitration under the UNCITRAL Rules
Expedited Arbitration under the UNCITRAL Rules
Location: Shook Hardy Bacon, 201 S. Biscayne Blvd., Suite 3200
Wednesday, September 18, 2019
Registration: 8:00 a.m.
Program: 8:15 a.m. – 9:30 a.m.
Proposed Amendments to UNCITRAL Rules
July 04, 2019
2nd Annual GAR Live Atlanta-Sept. 9th
MIAS is a supporting organization for this event to be held Monday, 9 September 2019 at Georgia State University College of Law
Charles Adams, Orrick Herrington & Sutcliffe
Randy Hafer, Kilpatrick Townsend & Stockton
Ank Santens, White & Case
MIAS members get a 10% discount on tickets to GAR Live Atlanta; see email for details.
June 06, 2019
MIAS Member John Barkett Receives Lifetime Achievement Award
April 26, 2019
FIU Law students win two awards at international arbitration competition in Spain for Second Year in a Row
FIU students Glenda Almela (JD, Class of 2019), Joaquin Bracho (LLM, Class of 2019) and Iliana Hernández (JD, Class of 2020), recently brought home two important awards from the international commercial arbitration competition “XI Moot Madrid 2019” hosted by the Universidad Carlos III in Spain.
Read more here.
April 09, 2019
Kluwer Announces Lecture Series and Webinar Series
Kluwer is launching a comprehensive, 100-hour International Arbitration Online Lecture Series, featuring leading practitioner Gary Born and a Leading Edge Webinar Series hosted by Vikram Savkar exploring the various ways law schools are evolving to prepare future lawyers.
February 26, 2019
March 1st: The World of Arbitration and Mediation in Latin America and the Caribbean Today
First Annual Conference organized by the World Arbitration and Mediation Review (WAMR); presented by Florida International University (FIU), Juris Publishing (JP), the Arbitration and Mediation Center of the Chamber of Commerce Brazil-Canada (CAM-CCBC); and supported by Hogan Lovells US LLP and the Miami International Arbitration Society (MIAS).
March 1, 2019
Hogan Lovells, Miami, Florida
- REGISTER TODAY -
MIAS members make sure to use the special registration code"MIAS", in order to receive a special discount.
January 28, 2019
MIAS Report of the Task Force on Expedited Procedures
The MIAS Task Force on Issues Related to Expedited Arbitration has released its report in connection with the UNCITRAL Rules to be considered at the Sixty-Ninth Session of
UNCITRAL Working Group II: Report of the Task Force on Expedited Procedures
January 10, 2019
Recent Article on Miami and Arbitration
An article in Law 360 –“What’s Good for Miami is Good for Arbitration” features MIAS’ new Chairman Carlos F. Concepción.
November 06, 2018
Consultation Workshop on Cybersecurity in International Arbitration-Nov. 13th
At this town hall workshop organized by the ICCA-CPR-New York City Bar Association Working Group on Cybersecurity in International Arbitration and Wolters Kluwer with generous support from the International Chamber of Commerce, members of the Working Group will lead a discussion on cybersecurity in international arbitration and present the Draft Cybersecurity Protocol for International Arbitration.
The Draft Protocol is intended to raise awareness about cybersecurity risks and to provide a framework that parties and arbitrators can look to in order to determine reasonable cybersecurity measures for their arbitrations. During a public consultation period that extends through the end of 2018, the Working Group is seeking feedback from the arbitration community about the Draft Protocol, and this event will be an opportunity to provide your insight and discuss anticipated revisions to the Draft Protocol based on feedback received so far.
Date: November 13, 2018
Time: Immediately following the close of the ICC Miami Conference, from 4:15 – 5:30 p.m.
Where: Hong Kong Room, The Mandarin Oriental Miami, 500 Brickell Key Drive
No advance registration required!
October 02, 2018
NAFTA Replacement USMCA Sharply Limits ISDS
The proposed United States Mexico Canada Agreement (USMCA) eliminates the broad investor-state dispute settlement (ISDS) provisions of the current NAFTA Chapter 11. Under the USMCA, ISDS will be completely phased out with respect to Canada. With respect to US-Mexico investment disputes, it will be limited to claims concerning national treatment, most-favored nation treatment, and expropriation and compensation (except with respect to indirect expropriation). A broader range of claims may be brought with respect to the following types of investment: oil and gas, power generation services, telecommunication services, transportation services, and the ownership or management of infrastructure. The Agreement’s investment protection provisions are set forth in Chapter 14, Mexico-United States investment disputes in Annex 14-D, and Annex 14-E deals with Mexico-United States investment disputes related to covered government contracts. Annex 14-C allows disputes regarding certain legacy investments to proceed under NAFTA Chapter 11 for a limited period of time, and also contains provisions on pending claims.
September 20, 2018
Award issued in David Aven, et al. v. Republic of Costa Rica
This award was issued on September 18, 2018 in an arbitration brought pursuant to Chapter Ten of the Dominican Republic-Central America Free Trade Agreement (“DR-CAFTA”), conducted under the 2010 UNCITRAL Arbitration Rules and administered by ICSID.
The award includes interesting discussions of dual nationality and damages calculation, while ultimately denying all of Claimant’s claims for breach of articles 10.5 (Minimum Standard of Treatment) and 10.7 (Expropriation and Compensation) of DR-CAFTA with respect to Claimants’ tourism real estate investment, and rejecting Respondent’s environmental damage counterclaim.
The tribunal ordered Claimants to pay $1,090,905.10 for Respondent’s portion of the advances paid by Respondent to ICSID for arbitrators’ fees and expenses, ICSID administrative expenses, and direct expenses of the arbitration.
May 16, 2018
Survey Finds Miami Second Most Popular US Int'l Arbitration Venue
According to a recent survey report released by the University of Leicester and the Swiss firm Gentium Law, arbitration practitioners in the Americas have ranked Miami second, after New York, as an arbitration seat they would choose in “real-world” practice.
The report is based on over 500 responses to an extensive survey of practitioners from nearly forty countries in North, South and Central America and the Caribbean, which was supported by the ICC International Court of Arbitration and the Organization of American States. In addition to seat rankings, there are detailed reports on arbitration in fifteen countries in the region.
March 05, 2018
DC District Ct Rejects Venezuela Motions to Deny Confirmation or Stay Enforcement
In a March 1, 2018 Memorandum Opinion in Rusoro Mining Ltd v Venezuela, the US District Court for the District of Columbia denied Venezuela's petition opposing confirmation of a BIT award rendered under the ICSID Additional Facility Rules. According to Venezuela, the tribunal exceeded the scope of its authority in its method of calculating damages owing to Canadian mining entity Rusoro for the expropriation of Rusoro's assets.
The court found it had no authority to disagree with the tribunal’s “honest judgment” in calculating damages and that Venezuela had not explained why the Tribunal's chosen methods unduly exceeded the scope of the Tribunal's power to award damages. But even if the court were to review the damages calculation de novo, it “would still conclude that the Tribunal reached a reasonable quantum of damages, acting well within the powers assigned to it by the BIT.”
The court also rejected Venezuela’s motion for a stay of enforcement pending a decision of the Court of Appeal in Paris concerning the validity of the Award. While acknowledging that “[u]nder the New York Convention, district courts have discretion to stay proceedings where ‘a parallel proceeding is ongoing in the originating country and there is a possibility that the award will be set aside,’” the court found that in this case, all five factors set out in Europcar Italia, S.p.A. v. Maiellano Tours, Inc., 156 F.3d 310, 317 (2d Cir. 1998) favored Rusoro. The court was particularly persuaded that enforcement would serve the “expeditious resolution of disputes and the avoidance of protracted and expensive litigation,” because the award had been issued five years earlier.
January 04, 2018
3d Cir. Rules Against Crystallex in Venezuela Dispute; Rejects Alter Ego Theory
On January 3, 2018, the court dismissed the Canadian mining company's attempt to collect a 2016 $1.2 billion plus interest ICSID award against Citgo, a US entity owned by Venezuelan state oil company PDVSA.
The 3rd U.S. Circuit Court of Appeals accepted the defendant’s request to dismiss the suit. "“While we do not condone the debtor’s and the transferor’s actions, we must conclude that Crystallex has failed to state a claim.”
Crystallex International Corp. v. Petróleos De Venezuela, S.A.; PDV Holding, Inc.; and Citgo Holding, Inc, F/K/A PDV America, Inc.
November 15, 2017
Florida First to Board Certify International Litigators and Arbitrators
On November 13, 2017, the Florida Supreme Court approved a proposal from the Florida Bar's International Law Section to create a board certification program for international litigators and arbitrators, which will be the first of its kind in the U.S. The Florida Bar now offers some 27 certification programs.
This move, which has been lobbied for actively for some time, is expected to help bolster Miami's position as a growing international arbitration hub.
November 15, 2017
Supreme Court Denies Cert in Belize Bank Case
On November 13, the U.S. Supreme Court denied the government of Belize's petition for writ of certiorari. The petition sought review of a DC Circuit ruling confirming and enforcing an $18,470,881 arbitral award in favor of Belize Bank Limited.
The appellate court rejected Belize's argument that the award violated public policy because of the LCIA's failure to disqualify an arbitrator who was a member of barrister's chambers in which another barrister had acted for the bank. The court found applied the English rule with respect to barristers chambers and found no conflict or violation of public policy.
In its petition for cert, Belize attacked the application of the New York Convention, raising the question “whether a foreign state can be held liable under a treaty, where the treaty requires ratification by the foreign state?” Belize argued for certiorari because the circuit court’s application of the convention to enforce the award “conflicts with centuries old principles of treaty interpretation handed down and reaffirmed by this Court.” The D.C. Circuit had held that Belize was subject to the convention, which had been ratified by the United States and the United Kingdom.
November 13, 2017
LCIA Releases Costs and Duration Data
The LCIA has undertaken a comprehensive analysis of cases to provide users with information on the average costs and duration of an LCIA arbitration. The LCIA is providing these facts to assist users in making informed choices.
LCIA Releases Costs and Duration Data
September 05, 2017
ICCA-Queen Mary Task Force on Third-Party Funding Seeks Public Comment on Draft Report
The draft report of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration is now available for public comment until 31 October 2017. The draft report is available here.
To submit your feedback on the report to the Task Force Co-Chairs, Professor Catherine Rogers, Professor Stavros Brekoulakis and Professor W.W. (Rusty) Park, please email your remarks to firstname.lastname@example.org.
August 07, 2017
ICSID Publishes 2017 Caseload Statistics (Issue 2017-2)
The ICSID Secretariat has released a new issue of its online publication, the ICSID Caseload – Statistics.
This issue (Issue 2017-2), published in the three official languages of the Centre (English, French and Spanish), contains an overview of the cases registered or otherwise administered by ICSID as of June 30, 2017.
July 11, 2017
2d Cir: FSIA Sole Basis for Fed'l Ct Jurisdiction to Enforce ICSID Awards
By opinion issued July 11, 2017 in Mobil Cerro Negro, Ltd. v. Bolivarian Republic of Venezuela, the Second Circuit overturned a 2016 district court ruling that ex parte enforcement of ICSID awards was permitted under a New York law provision that foreign judgments may be enforced on an ex parte basis, as long as the judgment debtor is subsequently notified within 30 days.
From the court’s summary:
Appeal from an order of the United States District Court for the Southern District of New York (Engelmayer, J.), denying a motion to vacate the judgment entered against the Bolivarian Republic of Venezuela on an award made by an arbitral panel of the International Centre for Settlement of Investment Disputes (“ICSID”) in accordance with the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”). The District Court relied on 22 U.S.C. § 1650a (“Section 1650a”), the statute enabling U.S. participation in the ICSID Convention, and certain exceptions set forth in the Foreign Sovereign Immunities Act (“FSIA”), in exercising jurisdiction over the creditors’ action against Venezuela. The District Court concluded that the procedure by which the creditors obtained the judgment—filing an ex parte petition for “recognition” in accordance with New York state law, N.Y. CPLR Art. 54—was appropriate in light of a perceived procedural “gap” in Section 1650a. Compliance with the FSIA’s service of process and venue provisions was unnecessary, the District Court ruled, determining that to inject state processes into Section 1650a was more consistent with the ICSID Convention’s goal of affording streamlined enforcement proceedings than would be applying the FSIA’s provisions.
We conclude that the District Court erred. We reject the proposition that Section 1650a provides an independent grant of subject matter jurisdiction and hold that the FSIA provides the sole basis for federal court jurisdiction over foreign sovereigns in actions to enforce ICSID awards. Because the FSIA, not Section 1650a, governs these proceedings, the procedural requirements set forth in the FSIA’s comprehensive scheme must be satisfied before a federal court may enter judgment against a foreign sovereign. These requirements were not met here.
We therefore REVERSE the order denying respondent’s motion, VACATE the judgment, and REMAND the cause with instructions to dismiss the ex parte petition.
May 15, 2017
S.D. Fla. Upholds $32 Million Del Monte Costa Rica Award
Inversiones Y Procesadora Tropical Inprotsa v. Del Monte Int'l, No. 16-24275 (S.D. Fla., order entered May 1, 2017)
The arbitration concerned Inprotsa’s continued use of Del Monte pineapple seeds after the agreement permitting use had expired. Having unsuccessfully sought to vacate the 2016 ICC award, Inprotsa opposed Del Monte’s cross-petition for confirmation, arguing that the underlying premise of the arbitrator's decision was based on fraud. Del Monte pointed out that the arbitral tribunal had "specifically held that the parties' agreement was not procured by fraud."
The district court noted that Inprotsa did not argue "that the two-year arbitration process was fraudulent, that the arbitration tribunal acted fraudulently, or that the final award was procured by fraud." Inprotsa's argument that Del Monte fraudulently entered its agreement with Inprotsa had already been considered and rejected by the arbitral tribunal. According to the court, "Inprotsa is asking this Court to rehash a losing argument before the arbitration panel. Given the legal standard and the summary proceedings to confirm arbitral awards, the Court will not overrule the arbitrator." The court also rejected Inprotsa’s argument that the award violated the “most basic notions of morality and justice.”
May 10, 2017
Update - ICSID Rules Amendment Process
ICSID launched the current amendment process in October 2016 by inviting member States to suggest topics that merited consideration. In January 2017, ICSID issued a similar invitation to the public inviting suggestions for rule amendments. In a report released in April 2017, ICSID has set out a list of topics to be canvassed in background papers to be completed by early 2018:
Appointment of Arbitrators
Code of Conduct for Arbitrators
Challenge of Arbitrators
Third Party Funding
Modernizing means of communication
Witnesses, Experts and Other Evidence
Awards and Dissents
Security for Costs
Allocation of Costs
Publication of Decisions and Orders
The ICSID Secretariat continues to welcome additional preliminary suggestions concerning potential rule amendments, which can be sent to: email@example.com for publication on the ICSID website.
April 20, 2017
Escalation Clauses in Cross Border Dispute Resolution: Why Your Client Wants Mediation - June 22nd at FL Bar Annual Convention
On June 22, the ILS will hold a CLE program at the Annual Convention of the Florida Bar in Boca Raton. The topic of the program will be Escalation Clauses in Cross Border Dispute Resolution: Why Your Client Wants Mediation. MIAS Member Ricardo Cata, chair of the ILS' Mediation Committee, will moderate the panel.
Learn from your corporate clients about what they want and why. For those engaged in cross border practice whether from the standpoint of a transaction attorney or a litigator, whether in-house or outside counsel, join us for this important discussion of evolving trends in managing disputes more economically and efficiently. Learn new developments that may inform your drafting of dispute resolution clauses for cross border deals as well as your approach to resolving cross border disputes.
For more information, please refer to the event brochure.
April 20, 2017
Reed Smith Opens Miami Office with former Astigarraga Davis' International Arbitration and Litigation Team
Global law firm Reed Smith recently announced the opening of an office in Miami with the addition of the seven-lawyer International Arbitration and Litigation Practice from MIAS Member Firm Astigarraga Davis. These new additions join Reed Smith's leading International Arbitration Practice, as well as its growing Latin America Business team. With this new location, Reed Smith now has 27 offices worldwide.
Reed Smith's Miami team includes:
Alexander Y. Thomas
Michael B. Pollack
José Astigarraga (MIAS Vice Chair)
M. Cristina Cárdenas (MIAS Chair-Elect)
Eduardo J. De la Peña
Ana Maria Barton
Sujey S. Herrera
Marianne I. Maldonado
"Our growth strategy is to establish a strong presence in regions important to our clients and to the industries in which they compete," said Sandy Thomas, Reed Smith's Global Managing Partner. "This move is ideal for us in two ways: Miami is the gateway to Latin America, where many of our clients have operations, and our global clients rely on international arbitration. The Astigarraga Davis lawyers are top-ranked in the field and are an exceptional addition to our existing leading arbitration practice."
Read more . . .
April 20, 2017
Inaugural Latin Lawyer – GAR Live Arbitration Summit in Miami on Thursday, April 27th
Global Arbitration Review and Latin Lawyer are pleased to extend a special invitation to the members of the Miami International Arbitration Society to attend the inaugural Latin Lawyer – GAR Live Arbitration Summit to be held in Miami on Thursday, 27 April. The program is described below.
The standard registration cost is US$900, but MIAS members have the opportunity to register for a 50% discounted price of US$450.
Latin Lawyer and GAR have joined forces to provide a top-level focus on the latest developments on arbitration in the region. Designed to allow a forum for debating the cutting-edge substantive issues as well as incorporating the perspective of in-house counsel in the region, this event will bring together Latin Lawyer’s deep knowledge of Latin America with GAR’s sharp focus on the latest developments in arbitration.
Speakers (including several MIAS members) have been drawn from leading practices across Latin America and the US and from companies actively using arbitrations to settle disputes. Our experienced line up will join together to tackle the following panels:
The ‘Latinisation’ of arbitration - a look at the different practical aspects of conducting an arbitration in the region. The panel will discuss topics including the rise of local arbitration centres, differing approaches to document protection, expert witnesses and the role third party funders.
The damages conundrum: how to effectively calculate damages - the speakers will investigate the legal principles behind the calculation of damages and the common use of experts in the field.
Question time with in-house counsel - our panel of expert in-house counsel from companies that regularly use international arbitration to resolve disputes will discuss the factors that they consider when evaluating dispute resolution options and their current thinking about the advantages and disadvantages of each dispute resolution method, including meditation and the best practices their companies are applying.
The GAR Live debate – our debaters will attempt to convince both the audience and the tribunal that their side of the motion is correct. Conducted in an Oxford Union style the debate is before a panel of three judges.
Motion: Are we moving to an era of too much transparency in international arbitration?
March 30, 2017
Florida Federal Court Compels Arbitration of Dispute under Charter Party with Ambiguous Arbitration Agreement
In Internaves de Mexico s.a. de C.V. v Andromeda Steamship Corporation et al (S.D. Fla. Case 9:16-cv-81719, Mar. 28, 2017), the United States Federal Court for the Southern District of Florida granted defendants’ motion to compel arbitration, but declined to order the parties to arbitrate in either of the two venues suggested by contradictory clauses identifying London and New York in the underlying charter party contract. Pursuant to the court’s order, the parties have until April 5, 2017, to advise the Court whether they have agreed to an arbitration panel and forum, failing which the court will order arbitration in Miami under AAA Rules.
The court also rejected plaintiff’s argument that the arbitration agreement was invalid because the contract had been fraudulently induced, noting that the doctrine of separability applied unless the alleged fraud was in the inducement of the arbitration agreement itself, rather than the contract in which it is contained.
March 14, 2017
MIAS Awards Outstanding Oralist Prize
University of Miami International Arbitration LLM student Volodymyr Ponomarov was honored as the Outstanding Oralist at this year’s Willem Vis International Arbitration Pre-Moot organized by the International Law Section of the Florida Bar. The prize was announced in December 2015 in honor of Burton Landy on the occasion of his retirement as long-serving Board Chair of MIAS.
The team of the winning oralist receives $1,000 to help defray the costs of its participation in the moot competition and an engraved plaque commemorating the win. Honors also went to teams from University of Florida as the first place winner, University of Miami as second place winner and Florida State University, as third place winner.
Winning oralist Vologymyr Ponomarov, a student from Ukraine in UM’s White & Case International Arbitration LLM program shared his sentiments with MIAS:
I am very grateful to the Miami International Arbitration Society for naming me the Outstanding Oralist at the Florida Bar ILS Miami Vis Pre-Moot. For me, as a non-native English speaker, it is a great honor to be acknowledged by international arbitration professionals. There is still a lot of work ahead on our way to Vienna and Hong Kong. But I have no doubt that the Willem C. Vis Moot Competition 2017 will help in my academic and career achievements.
He also thanked the International Moot Court Program Director, Paula Arias, team coach John Rooney, and LLM program director Sandra Friedrich for investing their time in the team’s preparation for both the Hong Kong and Vienna competitions.
International Moot Court Program Director, Paula Arias added:
The ILS Florida Bar Vis-Pre-Moot is just at the beginning of our preparation. We still have a lot of work ahead of us but it is a indication that we are heading in the right direction. I am very pleased that the students are advancing along the moot path. We hope to achieve the maximum success following up on the pre-moot result.
The MIAS Board and its members extend their congratulations to all participating teams and its best wishes for success in Hong Kong and Vienna.
March 10, 2017
ISCID: $1.6 Billion ExxonMobil Award Against Venezuela Annulled
An ICSID Ad Hoc Committee has overturned a $1.6 billion award rendered in 2014 for the 2007 expropriation of ExxonMobil's multibillion dollar Cerro Negro investment. According to the committee, the Tribunal exceeded its powers by failing to apply the proper law to the calculation of damages.
Full text of the Ad Hoc Committee's decision of March 9, 2017
"World Bank Panel Overturns $1.6 Billion ExxonMobil Judgment Against Venezuela" (Latin American Herald Tribune, Mar. 10, 2017)
March 02, 2017
2d Circuit Says Brazilian Iron Producer Can Seek Enforcement of ICC Award
The Second Circuit has granted a petition for rehearing and issued a superseding opinion in CBF Industria De Gusa S/A v. AMCI Holdings, Inc. (No. 15‐1133‐cv(L), Mar. 2, 2017) originally decided on January 18, 2017.
The rehearing was for the limited purpose of vacating the original decision and issuing an amended decision to correct the court's instructions to the district court with regards to the applicable law for an enforcement action. According to the appellate court,
"the question of whether a third party not named in an arbitral award may have that award enforced against it under a theory of alter‐ego liability, or any other legal principle concerning the enforcement of awards or judgments, is one left to the law of the enforcing jurisdiction, here the Southern District of New York, under the terms of Article III of the New York Convention.
Amicus curiae included the US government and the Bar Association of the City of NY.
The original January 18th decision reversed the district court's findings that NY Convention enforcement first required separate "confirmation of the award" and that appellants fraud claims were subject to issue preclusion because they had been litigated in the arbitration.
"On remand, appellants should be allowed to conduct discovery with respect to the fraud claims. Appellees may be given the opportunity to re‐raise the issue preclusion issue after discovery at the district court’s discretion."
February 28, 2017
Revised ICC Expedited Procedure Rules in Effect from March 1, 2017
The Expedited Procedure Rules, adopted in October 2016, are set forth in a new Appendix VI to the ICC Arbitration Rules. They are aimed at enhancing efficiency and transparency. According to the Court of Arbitration of the International Chamber of Commerce (“ICC”):
“Under the Expedited Procedure Rules, the ICC Court will normally appoint a sole arbitrator, irrespective of any contrary term of the arbitration agreement. Awards must be made in six months from the case management conference, with extensions granted only in limited and justified circumstances. Under the Rules there will be no Terms of Reference and the tribunal will have discretion to decide the case on documents only, with no hearing, no requests to produce documents and no examination of witnesses. The quality control on awards – performed by the ICC Court and its Secretariat through the scrutiny of the award – will however be maintained at its long established highest level. Finally, a scale providing for significantly reduced fees will apply under the Expedited Procedure Rules.”
The revised Expedited Procedure Rules will automatically apply to all ICC arbitral proceedings with less than $2 million in dispute. In addition, parties may agree to use the expedited rules for disputes over $2 million. Other amendments include a shorter, one-month “time limit for the establishment of Terms of Reference, in order to streamline the initial phases of the proceedings.” Additionally, the ICC Court may “provide reasons for its decisions made on challenges, as well as for other decisions, such as prima facie jurisdictional decisions and consolidations, without having to seek consent of all parties, as under the previous Rules.”
PDF version of March 1, 2017 ICC Rules with Appendix VI Expedited Procedure Rules
For further analysis and thought leadership from MIAS Member Firms:
White & Case Client Alert
The Express Lane for claims under US$ 2 Million: The new ICC Expedited Procedure Rules
January 20, 2017
ICC: 2016 Hit Record Number of New Arbitrations; Latin American Parties up 15%
The International Court of Arbitration of the International Chamber of Commerce (ICC) has announced record figures for new cases filed for administration under ICC rules in 2016.
According to preliminary statistics, a total of 966 new cases administered by the Court were filed in 2016 - involving 3,099 parties from 137 countries. Constituting a record year for the Court in its 94-year history, the figures reflect continuing growth of the world's leading arbitral institution and its ongoing efforts to make ICC dispute resolution services more accessible worldwide.
- 966 new cases administered by the Court were filed in 2016 - involving 3,099 parties from 137 countries.
- 15% rise in parties from Latin America
- Record figures recorded for parties from Korea, Nigeria and Turkey
- Parties from South and East Asia up 22%
Growth in Latin America
Statistics for 2016 reveal a 15% increase in the number of parties from Latin America with Brazil climbing to third place in party rankings worldwide, in a year that saw 123 participating Brazilian parties.
With 105 parties, Mexico ranks for the first time among the top five countries worldwide listed according to the number of participating parties in ICC Arbitration, while Peru, with 28 parties, also saw an increase from the previous year.
January 18, 2017
CBF Industria De Gusa S/A v. AMCI Holdings, Inc. - Second Circuit reverses district court refusal to enforce ICC award
The district court had denied enforcement for lack of a "confirmed" award. The appellate court found that a district court should enforce a foreign award, even if not confirmed by a court in a primary or secondary jurisdiction, subject only to the limited New York Convention/FAA grounds for denying enforcement. The Second Circuit reasoned that the word “confirm” for FAA purposes is “the equivalent of 'recognition and enforcement' as used in the New York Convention for the purposes of foreign arbitral awards.”
The court also declined to affirm the dismissal of the enforcement action on the alternative ground of forum non conveniens, instead providing for the district court to revisit that issue on remand.
January 02, 2017
Consent Award Issued in Abaclat v. Argentina
The first "mass" investment arbitration, involving the claims of 60,000 Italian bondholders, has been settled, and recorded in a December 29th consent award issued pursuant to ICSID Arbitration Rule 43(2)).
Case materials are available on the ICSID website; full award available for download in English and Spanish.
December 29, 2016
ICC Commission Report on Financial Institutions and International Arbitration
The ICC Commission Report on Financial Institutions and International Arbitration, published November 9, 2016, is a report from the ICC Commission on Arbitration and ADR, Task Force on Financial Institutions and International Arbitration.
The Report is structured as follows:
Section II sets out the Task Force's detailed recommendations for tailoring the arbitration procedure to suit the needs of the banking and finance sector.
Section III discusses the changing landscape of financial disputes.
Section IV describes financial institutions' experience of arbitration, including their preferences in conducting arbitration proceedings, and the advantages and perceived limitations of arbitration in banking and financial disputes.
Sections V to XII address issues relating to the use of arbitration in specialist sectors of finance and banking practice:
Section V discusses arbitration of derivatives disputes.
Section VI discusses arbitration of sovereign finance disputes.
Section VII discusses investment arbitration applied to banking and finance disputes.
Section VIII discusses arbitration of disputes relating to regulatory matters.
Section IX discusses arbitration of international financing disputes.
Section X discusses arbitration of Islamic finance disputes.
Section XI discusses use of arbitration by international financial institutions, development finance institutions and export credit agencies.
Section XII discusses arbitration of disputes relating to advisory matters.
Section XIII discusses arbitration of disputes relating to asset management.
December 28, 2016
2017 Miami Events: Save the Dates!
February 17, 2017: iLaw2017
The Florida Bar ILS Global Forum on International Law, newly rebranded from the former "ILAT", will be held on February 17, 2017 at the Conrad Hotel in Miami. The iLaw2017 will include the International Center for Dispute Resolution's (ICDR) Arbitration Track. The Program Brochure will be out shortly: Florida Bar Int'l Law Section.
February 18, 2017: Miami Vis Pre-Moot Competition
The 2017 Florida Bar ILS Miami Vis Pre-Moot Competition will be held on Saturday, February 18, 2017 at JAMS Miami Resolution Center, 600 Brickell Avenue, Suite 2600, Miami FL 33131. CLE credit will be available to volunteer arbitrators. If you are interested in becoming a volunteer arbitrator or have a team to register, please contact Averil Andrews at firstname.lastname@example.org.
March 2-4, 2017: CPR Annual Meeting - Biltmore Hotel, Coral Gables
"Pathways to Partnership"
Keynote Speaker: Jan Paulsson
2017 Miami Steering Committee:
Holland & Knight
CARLOS F. CONCEPCION
Law Office of Deborah Mastin, P.A.
MAURICIO GOMM SANTOS
Info & Registration: https://www.cprmeeting.org
October 24-28, 2017: ABA Int'l Law Section Fall Meeting - JW Marriott Marquis
"Doing Business in the Americas in the New Global Economy: A New Dawn in the Hemisphere?"
ABA committees are currently making panel and speaker proposals; for further details or questions, contact the ABA Section of International Law's 2017 Fall Meeting Co-Chair, Cristina Cardenas, at email@example.com.