4 NOVEMBER, 2021 | 12:00-1:00PMEST
During the past 18 months international arbitration cases have continued to be filed and heard throughout the hemisphere despite travel restrictions around the world. In this program, MIAS provides an update from leading practitioners in the region on the current state of arbitration and the impact of the pandemic. It will be a brief but substantive informational session covering legislative and judiciary developments, state disputes; changes in local regulations and institutional rules; enforcement and current trends.
Introduction:
Adolfo Jiménez, Holland & Knight, Chairman, Miami International Arbitration Society (MIAS)
MIAS Moderators:
Silvia Marchili, White & Case, MIAS Board Member
John H. Rooney, Esq, MIAS Board Member
LATAM Speakers:
MEXICO Claus von Wobeser, Von Wobeser y Sierra Abogados
COLOMBIA Juan Felipe Merizalde, JFM Abogados
COSTA RICA Dyalá Jiménez, DJ Arbitraje
PERU Maria Teresa Quiñones, Quiñones Alaysa Abogados
CHILE Gerardo Ovalle, Yrarrázaval Ruiz-Tagle Ovalle Salas Vial
BRAZIL Cristiano de Sousa Zanetti, Cristiano Zanetti Advogados
SPEAKERS BIOS:
MIAS Board members:
MEXICO Claus von Wobeser, Von Wobeser y Sierra Abogados
Claus is the founding partner of Von Wobeser y Sierra and has more than forty years of experience in dispute resolution.
Claus is renowned globally for his advocacy skills and strategic thinking in highly complex disputes in both litigation and arbitration. He has acted in more than two hundred international arbitration and conciliation proceedings, either as arbitrator or counsel, under the rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), the Hong Kong International Arbitration Centre (HKIAC), the United Nations Commission on International Trade Law (UNCITRAL), the North American Free Trade Agreement (NAFTA) and the International Centre for Settlement of Investment Disputes (ICSID) and the ICSID Additional Facility, among others. Claus is currently the President of the Latin American Arbitration Association and of the Mexican chapter of the ICC. He has been Vice President of the International Court of Arbitration (ICA) of the ICC, Co-President of the Arbitration Committee of the International Bar Association (IBA) and President of the Arbitration Commission of the Mexican chapter of the ICC. Additionally, Claus frequently participates as an expert on arbitration and in proceedings related to Mexican law before U.S. and English courts. He has ample experience litigating in arbitration and in Mexican courts relative to a wide array of matters such as complex patent disputes, breach of contract and tortious liability. Claus is very committed to pro bono work. He has been a leading voice in Latin America in pro bono for the last thirty years, and together with four other lawyers drafted the Probono Standards for the American Continent. Those Standards served as a basis for the Mexican Probono Network and later were adopted by the IBA globally. In 2017, Claus won the Lifetime Achievement Award from Chambers and Partners for his contribution to the legal profession. He has also been recognized by Chambers and Partners Global, Chambers and Partners Latin America, Global Arbitration Review 100, The Legal 500, Latin Lawyer 250, Latin Lawyer National, Latin American Corporate Counsel Association, Who’s Who Legal Global Elite, Who’s Who Thought Leaders, Who’s Who Legal Arbitration, Who’s Who Legal Mexico, Benchmark Litigation, among other publications.
COLOMBIA Juan Felipe Merizalde, JFM Abogados
Juan Felipe Merizalde’s practice focuses on international commercial arbitration and investment arbitration, particularly disputes involving Latin American parties. He has considerable experience as counsel and arbitrator in over 50 cases before the most renowned institutions, including the International Centre for Dispute Resolution (ICDR), the United Nations Commission on International Trade Law (UNCITRAL), the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), and the Permanent Court of Arbitration (PCA) at The Hague. Juan Felipe’s investment-treaty experience includes two recent successive victories in 2020 for a Central American State, as well as advising investors in ICSID cases and potential investment arbitrations.
In December 2020, Juan Felipe launched his own practice in Bogota, Colombia, acting as counsel and arbitrator in commercial and investment cases. He is currently acting as lead counsel in two ICC cases in the energy sector as well as a potential investment arbitration against a Latin American country. Prior to starting his own firm, Juan Felipe worked for 12 years at Dechert LLP in its Paris and Washington D.C. offices. At Dechert, he gained vast experience with one of the most renowned Latin American practices in the world.
Juan Felipe is admitted to practice in New York, the District of Columbia (Special Legal Consultant) and Colombia. Juan Felipe also passed the Paris Bar Exam (art. 100).
COSTA RICA Dyalá Jiménez, DJ Arbitraje
Dyalá Jiménez is a Costa Rican national and specializes in international arbitration. She is frequently appointed as arbitrator in institutional and ad hoc arbitrations, both in commercial and investor-State disputes. She is a member of the ICC International Court of Arbitration and the ICSID panel of conciliators and arbitrators for Costa Rica.
Dyalá worked in Shearman & Sterlin’s Paris office and at the International Chamber of Commerce for seven years. She also worked in two law firms in Santiago, Chile and in 2011 set up DJ Arbitraje. Who’s Who Legal and Chambers & Partners has highlighted her work.
She is author of numerous publications and has taught in Lead University in Costa Rica in 2017, as well as Universidad de Chile and the Heidelberg/Universidad de Chile LLM Programme in Chile, from 2004 to 2013. Dyalá is a founding member of the ICC Latin American Arbitration Group, the International Arbitration Institute (IAI), and the Asociación Latinoamericana de Arbitraje (ALARB). She served as co-editor-in-chief of the ICC Bulletin and Vice President of the ICC ADR and Arbitration Commission briefly before her appointment as Minister in the Costa Rican government.
From July 2018 to August 2020, Dyalá served as Minister of Foreign Trade of Costa Rica and in such capacity was in charge of public policy on exports and foreign direct investment, as well as representing Costa Rica before the World Trade Organization. In that role, she also led the country's efforts to become the 38th member of the Organization for Cooperation and Development OECD, which included passing 14 laws and undertaking a series of administrative and political reforms. In addition, as minister she chaired the Board of Directors of the Foreign Trade Promotion Agency and was a member of the Board of Directors of the Costa Rican Fisheries Institute.
Dyalá works in Spanish, English, French and Portuguese.
PERU Maria Teresa Quiñones, Quiñones Alaysa Abogados
Ms. Quiñones founded Quiñones Alaysa Abogadosin 2018, after over 20 years as a partner at Rodrigo, Elías & Medrano Abogados, where she started and led the Regulatory and Infrastructure department. She is widely recognized as a leading lawyer in energy law, public law, telecommunications, infrastructure, and public-private partnerships.
She has been an arbitrator in international and domestic disputes. She is a member of the International Court of Arbitration of the arbitration center of the American Chamber of Commerce (AMCHAM Peru) as well as the centers of AMCHAM Peru, the Lima Chamber of Commerce and Pontificia Universidad Católica del Perú.
She is a member of the board of the Construction Law Society of Peru, and former Vice-chairwoman and a former director and current professor at the Master Program in Economic Administrative Law at Universidad del Pacífico.
She holds an LLM, Harvard Law School and a law dregree from the Pontificia Universidad Católica del Perú Law School.
CHILE Gerardo Ovalle, Yrarrázaval Ruiz-Tagle Ovalle Salas Vial
Árbitro del Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago.
Integrante del Registro para la Designación de Jueces Árbitros de la Ilustrísima Corte de Apelaciones de Santiago, desde 2018.
Arbitro Concursal de la Nómina de la Superintendencia de Insolvencia y Reemprendimiento, desde 2018.
Afiliado a la Cámara de Comercio Internacional.
Miembro del Colegio de Abogados de Chile A.G.
Profesor Master en Derecho Público, Universidad Finis Terrae, desde 2009.
Profesor Magister en Derecho (LLM), Pontificia Universidad Católica, 2017- 2019.
Profesor Cursos de Postgrado, Universidad del Desarrollo, desde 2017.
Profesor Curso de Arbitraje y Litigación Internacional, Pontificia Universidad Católica, desde 2019
Digest of the Commercial Laws of the World (Center for International Legal Studies)
Remedies for International Sellers of Goods (Center for International Legal Studies)
Legal Aspects of Doing Business in Latin America (Center for International Legal Studies)
Ministro del Tribunal de Honor de la Cámara Chilena de la Construcción A.G., desde 2020.
Miembro de la Comisión de Legislación de la Cámara Chilena de la Construcción A.G., desde 2019.
Miembro de la Comisión Chilena de Arbitraje de la CCI, desde 2018
Miembro de la Comisión de Administración de Justicia del Colegio de Abogados de Chile A.G., desde 2015.
Miembro de la Comisión de Libre Competencia del Colegio de Abogados de Chile A.G., desde 2015.
Asesor de la Cámara Chilena de la Construcción A.G. en materias litigiosas y de libre competencia, desde 2009.
Miembro del Comité Jurídico de la Cámara Nacional de Comercio F.G., desde 2015.
Vicepresidente y director de la Cámara Chileno India, desde 2013.
Abogado, Pontificia Universidad Católica de Chile.
Master of Laws (LL.M.), New York University.
Master of Laws (LL.M.), National University of Singapore.
BRAZIL Cristiano de Sousa Zanetti, Cristiano Zanetti Advogados
Cristiano Zanetti acts as a consultant lawyer and expert in local and international disputes. He serves as an arbitrator in national and international disputes mostly concerning contractual law issues. He has practiced law since 2000 and has specialized both in arbitration and judicial proceedings concerned with Brazilian private law. He is Professor of private law at the University of Sao Paulo and at the Fundaçao Getulio Vargas. He was visiting professor at the University Internazionale in Rome and at the University of Passau in Germany.
Mr. Zanetti is Vice Chair of the Brazilian ICC Commission for Arbitration and Mediation; a founding member and former president of the Instituto de Dereito Privado; and member of the following: Comite Brasileiro de Arbitragem,and the Instituto dos Advogados de Sao Paulo. He has several recognitions including in the Who’s Who Legal Arbitration, Best Experts Brazil, and the Most in Demand Arbitrators in Brazil among others.
He has a J.D. and an LLM in Private Law at the University of Sao Paulo and an LLM in as well as an LL.M in Roman Legal System, Unification of Law and Integration Law at Università degli Studi di Roma Tor Vergata, Rome, Italy.
Professor Zanetti has experience as lawyer, independent expert and arbitrator in domestic and international arbitrations. His foreign languages are English, Italian, Spanish, German and French.