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AGENDA - Login · 2 The Past, the Present and the Future: Celebrating 20 Years of the ICDR CORAL GABLES, FL 272 26 3 PROGRAM The Past, the Present and the Future: Celebrating 20 Years

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AGENDA

The ICDR® Miami International Arbitration Conference

The Past, the Present and the Future:Celebrating 20 Years of the ICDR

January 27–29, 2016 | The Biltmore Hotel, Coral Gables, FL

AGENDA • REGISTRATION FORM • CLE CREDIT INFORMATION

Since its founding 20 years ago, the International Centre of Dispute Resolution®, the international division of the American Arbitration Association®, has been at the forefront of international alternative dispute resolution (ADR). This year’s event celebrates and analyzes the ICDR’s accomplishments, while looking ahead to the future of the international arbitration field.

The faculty includes a renowned group of corporate counsel, arbitrators, advocates, and educators. A keynote message begins each session topic, to be further discussed by a few speakers, with audience participation.

The much-anticipated Tertulia roundtable will kick off the conference, on Thursday evening the ICDR will celebrate 20 years of activity and success with all conference attendees, and the event closes with a golf activity.

JANUARY 27–29, 2016 | THE BILTMORE HOTEL, CORAL GABLES, FLSIMULTANEOUS TRANSLATION WILL BE AVAILABLE IN ENGLISH AND SPANISH.

The ICDR Miami International Arbitration Conference: The Past, the Present and the Future: Celebrating 20 Years of the ICDR CORAL GABLES, FL January 27–29, 2016 2

The ICDR Miami International Arbitration Conference The Past, the Present and the Future: Celebrating 20 Years of the ICDRJanuary 27–29, 2016

Keep up to date on agenda and program by following Twitter: #ICDR and @ICDRorg.

PROGRAMAGENDA

CONFERENCE ORGANIZING CHAIRS

Jose Astigarraga, Astigarraga Davis; Miami

Elisabeth Eljuri, Norton Rose Fulbright; Caracas

CONFERENCE SPONSORS

COOPERATING ENTITIES

NY AC New York International Arbitration Center

The ICDR Miami International Arbitration Conference: The Past, the Present and the Future: Celebrating 20 Years of the ICDR CORAL GABLES, FL January 27–29, 20162 3

The ICDR Miami International Arbitration Conference The Past, the Present and the Future: Celebrating 20 Years of the ICDRJanuary 27–29, 2016

Keep up to date on agenda and program by following Twitter: #ICDR and @ICDRorg.

PROGRAMAGENDA

J A N U A R Y 2 7 , 2 0 1 5

15:30-16:00 Conference Registration

16:00-16:15 Conference WelcomeRichard W. Naimark, Senior Vice President, ICDR; New York

16:15-18:45 ICDR & ICDR Y&I Tertulia: Deliberating the Deliberations

Deliberations—the culmination of the arbitral process—are a critical factor in the quality of the resulting decision and award. As such, and because the number of arbitration cases has increased in recent years, the arbitral community has been devoting more attention to deliberations. This session will delve deeply into the deliberative process, considering questions such as:

• What are best practices for deliberating the case—e.g., how and when should deliberations take place and the award be prepared?

• What should be done about non-impartial arbitrators?• How can differing views and legal traditions of arbitrators be reconciled in the evaluation of evidence and

cross-examination, among other procedural tools?• Where is the line between a compromise of views made to achieve a unanimous award and simply

“splitting the baby”—and is a unanimous award as important as it is made out to be?• How deeply should the tribunal secretary be involved?

16:15-16:45 Tertulia Speaker: Toby Landau, Essex Court Chambers; London (invited)

16:45-18:30 Tertulia Breakout Sessions

TERTULIA REPORTERS

* Robert J.C. Deane, BLG; Vancouver* Lucia Ojeda Cárdenas, SAI; Mexico City

TERTULIA MODERATORS

* Fernando Cantuarias Salaverry, Pontificia Universidad Católica del Perú; Lima (invited)

* Eduardo Carmigniani, Corral Rosales Carmigniani Pérez; Guayaquil (invited)

* Elizabeth A. Edmondson, Jenner & Block; New York* Marisol Tamara Ellis, Icaza Law; Panama City* José M. Ferrer, Bilzin Sumberg, Miami (invited)* Renato Stephan Grion, Pinheiro Neto; São Paulo

(invited)* Martha Harrison, Dentons; Toronto* Pierre-Richard Prosper, Arent Fox; Los Angeles* José Alfredo Rizek, Rizek Abogados; Santo Domingo* Johanna Rousseaux, Jones Day; Miami* Catherine Rousseau-Saine, Norton Rose Fulbright;

Montreal* Matthew Weldon, Cozen O’Connor; New York

19:00 Reception

20:30 Potential Faculty Dinner

The ICDR Miami International Arbitration Conference: The Past, the Present and the Future: Celebrating 20 Years of the ICDR CORAL GABLES, FL January 27–29, 2016 4

The ICDR Miami International Arbitration Conference The Past, the Present and the Future: Celebrating 20 Years of the ICDRJanuary 27–29, 2016

Keep up to date on agenda and program by following Twitter: #ICDR and @ICDRorg.

PROGRAMAGENDA

J A N U A R Y 2 8 , 2 0 1 6

8:00-9:00 Registration & Continental Breakfast

9:00-10:30 The Evolution of International Arbitration over 20 Years—and a Look Ahead

Over the last 20 years, the use of international arbitration as a dispute resolution method in international business has increased dramatically, with an exponential rise in the number of treaty signatories, arbitrators, advocates, and arbitral institutions. Changes in technology, court practices, and the ease of travel have impacted theinfrastructure of international arbitration, and with it, the process of arbitration.

“Soft law” has emerged as an important factor in international arbitration, and international arbitration rules have undergone major changes. And now forces are challenging the use of and putting pressure on internationalarbitration in some spheres. If the past is prologue to the future, what will the next 20 years be like?

9:00-9:30 Session Speaker: Carolyn Lamm, White & Case; Washington D.C.

9:30-10:30 Session Discussion

FACULTY

* Flavia Bittar Neves, Grebler Advogados; São Paulo

* Teresa Giovannini, Lalive; Geneva* Eduardo Siqueros, Hogan Lovells; Mexico City

MODERATOR

* John M. Townsend, Hughes Hubbard & Reed; Washington D.C.

10:30-11:00 Break

11:00-12:30 Lessons from the Front: Clients on Their Experiences Becoming Dispute-Wise®

Repeat users of international arbitration have learned much about what works and what doesn’t. Somecompanies have developed sophisticated approaches to managing their dispute resolution processes with the aim of improving its outcomes, efficiency, and effectiveness. Work in the field, such as the American Arbitration Association/ICDR’s Dispute-Wise studies have brought to light important revelations about the dispute resolution process. This study found that “one size does fit all” in terms of the factors that affect the design of an optimal dispute resolution process for a specific company, such as a company’s specific industry, history, culture, and size, among other characteristics.

At a company-specific level, what are the main considerations for implementing a successful dispute resolution management program? And on a macro level, what can be done to improve arbitration as a dispute resolution process that better meets the needs of the business community? Faculty will explore effective and efficientconflict resolution practices and policies as well as the ways in which arbitration can be improved as an institution.

FACULTY

* Helena Almeida, Siemens; New York* Carlos M. Hernandez, Fluor; Irving* Alejandro Linares-Cantillo, Ecopetrol; Bogotá* Roberto Martinez Espinosa, CFE; Mexico City

(invited)* Heather Moser, Apple; Cupertino* Alison Pearsall, Shell; Paris (invited)

MODERATOR

* Jose Astigarraga, Astigarraga Davis; Miami

The ICDR Miami International Arbitration Conference: The Past, the Present and the Future: Celebrating 20 Years of the ICDR CORAL GABLES, FL January 27–29, 20164 5

The ICDR Miami International Arbitration Conference The Past, the Present and the Future: Celebrating 20 Years of the ICDRJanuary 27–29, 2016

Keep up to date on agenda and program by following Twitter: #ICDR and @ICDRorg.

PROGRAMAGENDA

J A N U A R Y 2 8 , 2 0 1 6

12:30-14:00 Lunch

14:00-15:30 Is the World of International Arbitration Diverse and Inclusive—or Exclusive?

Analyzing the global community of arbitrators from 1996 to 2016, faculty in this session will review the historical context and current composition of the international arbitration community in general and the ICDR in particular. Is there more diversity and inclusion today?

14:00-14:30 Session Speaker: Doak Bishop, King & Spalding; Houston

14:30-15:30 Session Discussion

FACULTY

* Adrianna Braghetta, L.O. Baptista Advogados; São Paulo

* Fabiola Medina, Media Garrigó Abogados; Santo Domingo

* Adolfo Jiminez, Holland & Knight; Miami

MODERATOR

* Elisabeth Eljuri, Norton Rose Fulbright; Caracas

15:45-16:00 Ice Cream Break

16:00-17:30 The Lagging Acceptance of International Mediation

Although mediation has been discussed internationally as an interesting and growing practice for years, its acceptance and use still lag behind arbitration. Why is that? What can be done to have the international business community benefit more from this excellent tool? Will mediation ever become as popular as arbitration?

16:00-16:30 Session Speaker: Thomas J. Stipanowich, Straus Institute for Dispute Resolution; Malibu

16:30-17:30 Session Discussion

FACULTY

* Mercedes Tarrazon, Dispute Management; Barcelona

* Eduardo Zuleta, Gómez-Pinzón Zuleta; Bogotá (Invited)

* Aníbal Martín Sabater, Chaffetz Lindsey; New York

MODERATOR

* Edna Sussman, Sussman ADR; New York

18:00 Reception, Dinner, and ICDR 20th Birthday Celebration

The ICDR Miami International Arbitration Conference: The Past, the Present and the Future: Celebrating 20 Years of the ICDR CORAL GABLES, FL January 27–29, 2016 6

The ICDR Miami International Arbitration Conference The Past, the Present and the Future: Celebrating 20 Years of the ICDRJanuary 27–29, 2016

Keep up to date on agenda and program by following Twitter: #ICDR and @ICDRorg.

PROGRAMAGENDA

J A N U A R Y 2 9 , 2 0 1 6

8:00-9:00 Continental Breakfast

9:00-10:30 Solutions and Remedies for Ethical Misconduct in International Arbitration

A burgeoning of international rules, guides, and codes are popping up from multiple organizations and associations around the world. Many of these new arbitration rubrics seek to give increased power to all involved to govern and control unethical or detrimental behavior by arbitrators, parties, and advocates. Faculty in this session will explore current practice norms that are in question and what power, if any, arbitration rules provide to control and discourage this behavior.

9:00-9:30 Session Speaker: Arne Johnson, Noble Energy; Houston

9:30-10:30 Session Discussion

FACULTY

* Laura C. Abrahamson, O’Melveny & Myers; Los Angeles

* Eduardo Damião Gonçalves, Mattos Filho; São Paulo

* David Arias, Arias; Madrid

MODERATOR

* Andrea K. Bjorklund, McGill University; Montreal

10:30-11:00 Break

11:00-12:00 Tertulia Report

TERTULIA REPORTERS

* Robert J.C. Deane, BLG; Vancouver* Lucia Ojeda Cárdenas, SAI; Mexico City

MODERATOR

* Grant Hanessian, Baker & McKenzie; New York

12:00 Concluding Remarks

13:30 Golf Activity

The ICDR Miami International Arbitration Conference: The Past, the Present and the Future: Celebrating 20 Years of the ICDR CORAL GABLES, FL January 27–29, 20166 7

The ICDR Miami International Arbitration Conference The Past, the Present and the Future: Celebrating 20 Years of the ICDRJanuary 27–29, 2016

Keep up to date on agenda and program by following Twitter: #ICDR and @ICDRorg.

PROGRAMAGENDA

REGISTRATION INFORMATION

Conference Registration Fees

Conference Fee: $900 USD

Full payment must be received in order to process registration. Conference registration fees include admission to all seminars, course materials, luncheon, dinner, breaks, and cocktail receptions as outlined in the program agenda.

Cancellation Policy. Please note that space availability is limited. Should you need to cancel your registration, a refund of one-half of your registration is available until December 21, 2015. We regret that no refunds can be made after that date.Substitutions may be made at any time.

Language. English and Spanish. Simultaneous translation will be available.

Materials. Materials will be available at the conference and on the conference website.

Discounted Registration Rates

$700 USD: Corporate Counsel & Tertulia Moderators (Save $200!)$750 USD: Members of Cooperating Entities (Save $150!)FREE: Current Judges

Additional Fees

$175 USD: Dinner Guest fee per person $175 USD: Golf Event on Friday afternoon fee per person

VENUE

The Biltmore Hotel1200 Anastasia AvenueCoral Gables, FL 33134

Hotel Reservations

Phone: Call 305.445.1926 or 877.576.0793 toll free; Please use: Group Name ICDR and Reference Code 5026.Email: [email protected] Use reference code 5026.Online at hotel website: http://www.biltmorehotel.com/groups Enter group code 5026 and password 86931.

The conference dress code is business or smart casual.

CLE CREDIT INFORMATION

This program is available for CLE credits in California, Florida, New York, Pennsylvania, and Texas. Credit amounts vary by attendance verification and jurisdictional rules.

The ICDR Miami International Arbitration Conference: The Past, the Present and the Future: Celebrating 20 Years of the ICDR CORAL GABLES, FL January 27–29, 2016 8

The ICDR Miami International Arbitration Conference The Past, the Present and the Future: Celebrating 20 Years of the ICDRJanuary 27–29, 2016

Keep up to date on agenda and program by following Twitter: #ICDR and @ICDRorg.

PROGRAMAGENDA

HOW TO REGISTER

5 Ways to Register for the Conference

REGISTER ONLINE: at www.icdr.org/miami.

PHONE: Call Jason Cabrera at +1 (212) 484-3207

EMAIL: details to: [email protected] Attn: Jason Cabrera

FAX: Send completed form (below) to: +1 (646) 663-3080 Attn: Jason Cabrera

MAIL: Send completed form to: International Centre for Dispute Resolution 120 Broadway, 21st floor New York, NY 10271 Attn: Jason Cabrera

REGISTRATION FORM

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For more information, please contact Jason Cabreraby phone at +1 212.484.3207 or by email [email protected].