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A conference presented by the IBA Arbitration Committee 21st Annual IBA Arbitration Day: the Rule of Law created by international arbitrators – between pacta sunt servanda and bona fide 25–26 February 2018 Hilton Buenos Aires Hotel, Buenos Aires, Argentina Sessions include: • The corollaries of the bona fide principle as recognised by international arbitrators • The pacta sunt servanda principle as created by international arbitrators • The rules of interpretation of contracts and treaties created by international arbitrators • An interview with three stars of international arbitration about the creation of the Rule of Law by international arbitrators Follow us @IBAevents #IBAArb BOOK NOW AT WWW.IBANET.ORG/CONFERENCES/CONF836.ASPX UP TO 6¾ CPD/CLE HOURS AVAILABLE* REGISTER BEFORE 10 JANUARY 2018 TO RECEIVE EARLY REGISTRATION DISCOUNTS Headline conference sponsors

A conference presented by the IBA Arbitration … · The pacta sunt servanda principle as created by international arbitrators This panel will describe, analyse and criticise some

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A conference presented by the IBA Arbitration Committee

21st Annual IBA Arbitration Day: the Rule of Law created by international arbitrators – between pacta sunt servanda and bona fide

25–26 February 2018 Hilton Buenos Aires Hotel, Buenos Aires, Argentina

Sessions include:

• The corollaries of the bona fide principle as recognised by international arbitrators

• The pacta sunt servanda principle as created by international arbitrators

• The rules of interpretation of contracts and treaties created by international arbitrators

• An interview with three stars of international arbitration about the creation of the Rule of Law by international arbitrators

Follow us

@IBAevents

#IBAArb

BOOK NOW AT WWW.IBANET.ORG/CONFERENCES/CONF836.ASPX UP TO 6¾ CPD/CLE

HOURS AVAILABLE*

REGISTER BEFORE

10 JANUARY 2018

TO RECEIVE EARLY

REGISTRATION

DISCOUNTS

Headline conference sponsors

ProgrammeConference Co-ChairsDavid Arias Arias, MadridEduardo Silva Romero Dechert, Paris; Co-Chair, IBA Arbitration Committee

Organising Committee ChairGuido Santiago Tawil M. & M. Bomchil, Buenos Aires; Advisory Board Member, IBA Arbitration Committee

Organising CommitteeJulie Bedard Skadden Arps Slate Meagher & Flom, New York; Co-Chair, IBA Arbitration CommitteeMarcelo Roberto Ferro Ferro Castro Neves Daltro & Gomide Advogados, Rio de JaneiroEduardo Damião Gonçalves Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados, São PauloAndres Jana Bofill Mir & Alvarez Jana Abogados, Santiago; Vice-Chair, IBA Arbitration CommitteeFernando Mantilla-Serrano Latham & Watkins, France; Vice-Chair, IBA Arbitration CommitteeClaus von Wobeser Von Wobeser y Sierra, Mexico City; IBA Council Member, Barra Mexicana Colegio de AbogadosEduardo Zuleta Zuleta Abogados Asociados, Bogota; Council Member, IBA Legal Practice Division

Local Host CommitteeA&F – Allende Ferrante AbogadosAbeledo Gottheil AbogadosAlfaro AbogadosAllende & BreaAlliani & BruzzonBeccar Varela Beretta GodoyBullo AbogadosBrons & SalasBruchou Fernandez Madero & LombardiCleary Gottlieb Steen & HamiltonEstudio RandleEstudio O’FarrellM.& M. BomchilMarval O’Farrell & MairalMitrani Caballero Ojam & Ruiz Moreno AbogadosNavarro Castex AbogadosNicholson y CanoParodi AbogadosPerez Alati Grondona Benites Arntsen & Martinez de HozRattagan Macchiavello & ArocenaRichards Cardinal Tutzer Zaefferer AbogadosRivera & AsociadosSevergnini Robiola Grinberg & TombeurTanoira Cassagne AbogadosZang Bergel & Viñes Abogados

Sunday 25 February

1500 – 2000 RegistrationHilton Buenos Aires Hotel

1900 – 2230 Opening reception Madero Walk

Conference refreshment break sponsorsAssociate conference sponsor Headline social event sponsor

Continuing Professional Development/Continuing Legal Education

*The number of CPD/CLE hours available may vary depending on the rules applied by the members’ bar association/law society on time recording criteria.

For conference delegates from jurisdictions where CPD/CLE is mandatory, the IBA will provide a Certificate of Attendance for the conference. Subject to CPD/CLE requirements, this can be used by conference delegates to obtain the relevant number of hours’ accreditation.

A CPD/CLE Certificate of Attendance is available to conference delegates on request. Please ask at the IBA conference registration desk for information on how to obtain the certificate.

Monday 26 February

0730 – 1630 RegistrationHilton Buenos Aires Hotel

0750 – 0900

IBA Mediation Committee panel and breakfastHilton Buenos Aires Hotel

The delegatus non potet delegare principle created by international arbitrators in the context of mediation, arb-med and med-arbDo arbitrators have the power (or duty) to suggest to parties to mediate in the absence of step-up dispute resolution clauses in the contract? This panel will describe, analyse and criticise the principle created by international arbitrators that the arbitrator’s duty is to proceed to an award, and has neither power nor duty to stay arbitration to refer the matter to mediation. In particular, it will address:• Does the arbitrator have the power to stay proceedings to

enable mediation to take place where one party so applies or where the tribunal considers it just and reasonable to do so?

• Can the arbitrator impose cost sanctions on a party who fails to engage or refuses to mediate?

• Does the arbitral tribunal have a duty to order a stay where the interests of justice clearly point in that direction?

• What is the future of delegatus non potet delegare in the rapidly changing landscape of dispute resolution, in an ad hoc arbitration and in institutional arbitrations?

ModeratorsGary Birnberg JAMS, Miami, FL; Secretary-Treasurer, IBA Mediation CommitteeAndrea Maia FindResolution, Rio de Janeiro; Co-Chair, IBA Mediation Committee

SpeakersCarlos Forbes Mundie Advogados and President, Center for Abitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC), São Paulo Patrick Green QC Henderson Chambers, London

Ticket price US$48. Entry is by ticket only.

0900 – 0915 Opening remarksGerman Garavano Minister, Ministry of Justice and Human Rights, Buenos Aires

0915 – 0930 Welcome remarksEduardo Silva Romero Dechert, Paris; Co-Chair, IBA Arbitration Committee

0930 – 1100

The pacta sunt servanda principle as created by international arbitrators This panel will describe, analyse and criticise some rules created by international arbitrators aimed at enforcing the pacta sunt servanda principle. In particular, this panel will address the following:1) The ‘transnationalisation’ of national law by international

arbitrators2) The rule that a state or a state entity cannot invoke its own

domestic law to escape an international arbitration agreement in international commercial arbitration

3) The rule that municipal law must be considered to apply correctly the relevant treaty in investment arbitration

4) The rule that a treaty cannot be relied upon to escape, complete or modify an investment contract in investment arbitration

ModeratorGuido Santiago Tawil M. & M. Bomchil, Buenos Aires; Advisory Board Member, IBA Arbitration Committee

SpeakersAlfonso Iglesia Cuatrecasas, MadridAndres Jana Bofill Mir & Alvarez Jana, Santiago; Vice-Chair, IBA Arbitration CommitteeProfessor Gabrielle Kaufmann-Kohler Levy Kaufmann-Kohler, GenevaProfessor Maxi Scherer Wilmer Cutler Pickering Hale and Dorr and Queen Mary University of London, London

1100 – 1130 Coffee/tea break

Conference luncheon sponsors

The organisers may at any time, with or without giving notice, in their absolute discretion and without giving any reason, cancel or postpone the conference, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, neither the organisers nor any of their officers, employees, agents, members or representatives shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with the conference unless they are satisfied not only that the money in question remains under their control but also that the person who paid it has been unfairly prejudiced (as to which, decision shall be in their sole and unfettered discretion and, when announced, final and conclusive).

Conference welcome reception sponsors

Monday continued

1130 – 1300

The corollaries of the bona fide principle as recognised by international arbitratorsThis panel will describe, analyse and criticise some rules created by international arbitrators aimed at enforcing the bona fide principle. In particular, this panel will address the following: 1) The adaptation of international contracts2) The venire contra factum proprium rule in international

commercial arbitration3) The abuse of rights in investment arbitration4) The clean hands theory in investment arbitration

ModeratorEduardo Zuleta Zuleta Abogados Asociados, Bogota; Council Member, IBA Legal Practice Division

SpeakersDavid Arias Arias, MadridAbby Cohen-Smutny White & Case, Washington DCJudith Gill Allen & Overy, Singapore; Advisory Board Member, IBA Arbitration CommitteePhilippe Pinsolle Quinn Emanuel Urquhart & Sullivan, Geneva; Vice-Chair, IBA Arbitration Committee

1300 – 1430 Lunch

1430 – 1600

The rules of interpretation of contracts and treaties created by international arbitratorsThis panel will describe, analyse and criticise the rules on interpretation of contracts and treaties commonly applied by international arbitrators between the principles of pacta sunt servanda and bona fide. In particular, this panel will address:1) Use and misuse of the good faith principle in international

arbitration2) The contract not only obliges to what is written therein but

also to what arises from the contract’s nature and the bona fide principle

3) The extension of the arbitration agreement to non-signatories4) Is the treaty inserted into international law? The issue of

fragmentation of international law

ModeratorClaus von Wobeser Von Wobeser y Sierra, Mexico City; IBA Council Member, Barra Mexicana Colegio de Abogados

SpeakersMauricio Almeida Prado L O Baptista Advogados Associados, São PauloYas Banifatemi Shearman & Sterling, ParisBernard Hanotiau Hanotiau & van den Berg, BrusselsPatrick Taylor Debevoise & Plimpton, London

1600 – 1630 Coffee/tea break

1630 – 1800

Interviewing three stars of international arbitration about the creation of the Rule of Law by international arbitratorsThis panel will consist of an interview with three outstanding, very experienced arbitrators who contributed to the creation of the principles and rules discussed in the previous panels.

ModeratorFernando Mantilla-Serrano Latham & Watkins, Paris; Vice-Chair, IBA Arbitration Committee

SpeakersDominique Brown-Berset Brown&Page, GenevaAlexis Mourre ICC International Court of Arbitration, Paris; Advisory Board Member, IBA Arbitration CommitteeJose Emilio Nunes Pinto Jose Emilio Nunes Pinto Advogados, São Paulo

1800 – 1815 Closing remarksJulie Bedard Skadden Arps Slate Meagher & Flom, New York; Co-Chair, IBA Arbitration Committee

1815 – 1915 Closing cocktailHilton Buenos Aires Hotel

Exhibitors

argThe international journal of

commercial and treaty arbitration

Kindly supported by

InformationDate25–26 February 2018

VenueHilton Buenos Aires HotelAv Macacha Güemes 351Buenos Aires, ArgentinaTel: +54 (11) 4891 0000hiltonbuenosaireshotel.com

LanguageAll conference working sessions and conference materials will be in English.

How to registerRegister online by 10 January 2018 at www.ibanet.org/conferences/conf836.aspx and make payment by credit card to avail of the ten per cent online registration discount, or complete the attached registration form and return it to Rachel Abifadel at [email protected]. You should receive emailed confirmation of your registration within five days; if you do not please contact Rachel Abifadel.

FeesOnline registrations received:

on or before until 10 January 14 February

IBA member US$690 US$835

IBA corporate group member* US$515 US$630

Non-member** US$915 US$1,060

Young lawyers (under 30 years) US$515 US$1,060

Academics/judges (full time) US$515 US$1,060

Public lawyers US$515 US$1,060

Corporate counsel US$620 US$1,060

IBA Mediation Committee breakfast US$48 US$48

Guest fee US$60 US$60

After 14 February registrations must be received in hard copy at the IBA office.

Hard copy registration forms and fees received:

on or before after 10 January 10 January

IBA member US$765 US$930

IBA corporate group member* US$575 US$1,000

Non-member** US$1,015 US$1,180

Young lawyers (under 30 years) US$575 US$1,180

Academics/judges (full time) US$575 US$1,180

Public lawyers US$575 US$1,180

Corporate counsel US$690 US$1,180

IBA Mediation Committee breakfast US$48 US$48

Guest fee US$60 US$60

*The IBA Corporate Group Member is a reduced rate offered to the in-house legal department of international corporations. This rate is only applicable if your company has a corporate group membership with the IBA.**By paying the non-member fee, we welcome you as a delegate member of the IBA for the year in which this conference is held, which entitles you to the following benefits: 1) Password access to certain parts of the IBA website. 2) Receipt of IBA E-news and access to online versions of IBA Global Insight.3) Pay the member rate for any subsequent conference registrations for

this calendar year.

If you would like to become a full or general member of the IBA, which includes membership of one committee or more – and inclusion in and access to our membership directory – we encourage you to do so now in order to register for this conference at the member rate. Full details of how to join can be found at www.ibanet.org

A reduced rate is offered to lawyers who are over the age of 65, have been an IBA member for more than 20 years and are no longer practising law.

Full payment must be received in order to process your registration.

Fees include:• Attendance at all working sessions on 26 February • Conference materials, including any available speaker’s papers presented

at the conference• Access to the above conference working materials from the IBA website

(www.int-bar.org) approximately seven days after the conference• Lunch on Monday• Coffee/tea during breaks• Invitation to opening reception on 25 February• Invitation to closing cocktail on 26 February

Guest fee includes:• Invitation to the opening reception on 25 February• Invitation to closing cocktail on 26 February

A guest must not be a member of the legal profession or seek to use the Conference as a business networking opportunity. Access to working sessions is not permitted for guests. Checks are made to ensure members of the legal profession are not registered as guests, if this is the case, registration will be refused unless the guest registers as a full delegate for the conference. Only registered guests (ie, those paying the guest fee) are eligible to participate in the social programme.

Exhibitors

List of participantsIn order for your name to appear in the list of participants, which will be made available seven days prior to the conference, your registration form must be received by 14 February at the latest.

Mobile delegate search applicationDelegates are now able to use a mobile delegate search. This application has been developed to aid networking by giving delegates instant access to an up-to-date list of their fellow attendees, and comes with the added benefit of a built-in messaging service. All registered delegates with an internet or Wi-Fi-enabled device will have access, using their IBA username and password. Simply visit: m.ibanet.org/conf836

Registration confirmation All documentation regarding your attendance at the conference can now be obtained from the IBA website. Upon receipt of your payment for the conference a confirmation email will be sent containing instructions on

how to download the documents. Registration confirmation will not be distributed by post.

Photography and filmingCertain sessions and/or social functions may be photographed and/or filmed and some of this content may be used for future IBA marketing materials, member communications, products or services. Should you have any concerns with regard to this, or do not wish to be featured in any of these materials please contact the IBA Marketing Department on [email protected]

Promotional literaturePlease note that no individual or organisation may display or distribute publicity material or other printed matter during the conference, unless by prior arrangement with the IBA. Organisations and companies wishing to discuss promotional opportunities should contact [email protected]

Payment of registration feesUS dollars: by bank transfer to the IBA account number: 01286498 (Sort Code 56- 00-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208 Piccadilly, London W1A 2DG, United Kingdom. SWIFT address NWBKGB2L, IBAN GB55NWBK60730101286498. Please ensure that a copy of the bank transfer details is attached to your registration form.

Please pay all bank charges so that the IBA receives the full invoiced amount.

Please ensure that your name and ‘CONF836’ appear on any transfer.

Credit card payments: by Visa, MasterCard or American Express. No other cards are accepted.

No deductions or withholdingsAll fees payable to us by you in accordance with the terms contained in this ‘Information’ section shall be paid free and clear of all deductions or withholdings whatsoever. If any deductions or withholdings are required by law to be made from any fees payable to us by you under the terms contained in this ‘Information’ section you shall pay such sum as will, after the deduction or withholding has been made, leave us with the same amount as we would have been entitled to receive in the absence of any such requirement to make a deduction or withholding.

If we obtain the benefit of any tax credit or other relief by reference to any such deductions or withholdings, then we shall repay to you such amount as, after such repayment has been made, will leave us in no worse position than we would have been had no such deductions or withholdings been required.

Conference sell-outsThe IBA places its conferences in venues of a suitable size for the event; however there are times when our conferences may sell out. Should this happen, prospective delegates will be informed and a waitlist will operate. The waitlist will function on a ‘first come, first served’ basis, subject to receiving registered delegate cancellations. The IBA will not be liable for any travel or accommodation expenses incurred by an individual who travels to the conference without a confirmed place at the event.

Cancellation of registrationIf cancellation is received in writing at the IBA office by 10 January, fees will be refunded less a 25 per cent administration charge. Refunds will be made minus any monies owed to the IBA. We regret that no refunds can be made after this date. Registrations received after 10 January will not be eligible for any refund of registration fees.

Provided you have cancelled your registration to attend an IBA conference in accordance with the terms of the ‘cancellation of registration’ clause included in the ‘Information’ section of the relevant conference programme, you must then confirm to us in writing at the IBA office as soon as possible, but in no event later than one year (12 calendar months) from the date of any such conference all necessary details to enable any reimbursement owed to you to be paid. We regret that no refunds will be made after the date that is one year (12 calendar months) after the date of the relevant conference.

WeatherThe climate in Buenos Aires in late-February is warm during the day with lower temperatures at night. Temperatures average 20-26°C (68-78,8°F). Precipitations are not common at this time of year.

Airport Aeropuerto Internacional Ministro Pistarini (EZE) is located approximately 20 miles Southwest of Buenos Aires.

TaxiThe best form of transport available from the airport to the Hilton Buenos Aires Hotel is via taxi. The journey costs around US$35 plus a ten per cent tip. It takes approximately 40-50 minutes.

Travel arrangements and visasParticipants are responsible for making their own travel arrangements. It is recommended that you check your visa requirements with your local embassy or consulate. We are unable to dispatch visa invitation letters to support your visa application prior to receipt of your registration form and full payment of registration fees.

Please apply for your visa in good time.

Dates to remember

• 10 January is the date by which your registration form and payment must be received at the IBA office if you are taking advantage of the early registration fee and is the date by which any cancellation must be received at the IBA office in order for fees to be refunded, less a 25 percent administration charge. No refunds can be made after this date.

• 14 February is the date by which your registration form and payment must be received at the IBA office in order for your name and company to be included in the list of participants, which will be made available seven days prior to the conference. After this date no registration forms can be accepted at the IBA office – please therefore register at the conference.

Hotel accommodationA limited number of rooms have been reserved at the Hilton Buenos Aires Hotel for the nights of 25 and 26 February.

Hilton Buenos Aires Hotel

Av Macacha Güemes 351Buenos Aires, ArgentinaTel: +54 (11) 4891 0120hiltonbuenosaireshotel.com

The following rates are per room, per night and inclusive of breakfast and wi-fi for the nights of 25 and 26 February. Service charges and local taxes are not included.

Deluxe Single Room US$199

Deluxe Double Room US$211

Executive Single Room US$249

Executive Double Room US$259

As a limited number of rooms have been blocked at the hotel, availability cannot be guaranteed once the room block is full.

To make your reservationPlease contact [email protected] and [email protected] to make your reservation. The hotel requires a credit card number to secure your reservation.

Please note that reservations at the special IBA rate will be subject to availability.

Cancellation and no-show policyAny cancellation made within 72 hours before the check-in time will incur a cancellation fee equivalent to the cost of one night’s stay. In case of no-shows or early departures, the total nights reserved will be charged. Please note that, in the event of any cancellations or no-shows, rooms will be charged to the individual guest’s credit card given at the time of the booking.

Delegates are responsible for making accommodation reservations and entering into an agreement with the hotel regarding credit card guarantees, cancellation terms and conditions, and room rates (should these differ from the special IBA rate). The IBA cannot accept responsibility for hotel accommodation disputes between a delegate and the hotel.

Disabled accessThe Hilton Buenos Aires Hotel is wheelchair accessible. Please notify us if you require special assistance.

Unauthorised accommodation agentsThe IBA is not using any travel or accommodation agents for this conference. To make your reservation please contact the hotel directly.

This is the only official accommodation booking system.

Social programme

Sunday 25 February

1900 – 2230 Opening reception

Monday 26 February

0750 – 0900 IBA Mediation Committee panel and breakfastTicket price: US$48

1815 – 1915 Closing cocktail

The 2018 IBA Annual Conference will be held Rome, the Eternal City. As the saying goes, ‘all roads lead to Rome’ and the conference will bring together delegates from all over the world for the largest and most prestigious event for international lawyers.

WHAT WILL ROME 2018 OFFER YOU?• Gain up-to-date knowledge of the key developments in your area of law which

you can put into practice straight away

• Access to the world’s best networking and business development event for lawyers – attracting over 6,000 individuals representing over 2,700 law firms, corporations, governments and regulators from over 130 jurisdictions

• Build invaluable international connections with leading practitioners worldwide, enabling you to win more work and referrals

• Increase your profile in the international legal world

• Hear from leading international figures, including officials from the government and multilateral institutions, general counsel and experts from across all practice areas and continents

• Acquire a greater knowledge of the role of law in society

• Be part of the debate on the future of the law

TO REGISTER YOUR INTEREST:

Visit: www.ibanet.org/Form/IBA2018Rome.aspx

Email: [email protected]

To receive details of all advertising, exhibiting and sponsorship opportunities for the IBA Annual Conference in Rome, email [email protected]

OFFICIAL CORPORATE SUPPORTER

As part of its contribution to the development of arbitration best practices, the IBA Arbitration Committee organises symposia for the younger members of the arbitration community in cooperation with young practitioners’ groups. This event is co-hosted by the IBA Arb40 Subcommittee and the Young International Arbitration Group (YIAG). It will be co-chaired by the IBA Arb40 Co-Chairs Andre Abbud Barbosa Müssnich Aragão, São Paulo and Noradele Radjai Lalive, Geneva together with the YIAG Co-Chairs Anya George Schellenberg Wittmer, Zurich, Andrey Panov Norton Rose Fulbright, Moscow, Flore Poloni August Debouzy, Paris and Nathan Searle Hogan Lovells, London. The upper age limit for participation is 40 years old.

The cost of the symposium is US$ 60 per person.

As there is a limited number of places at this symposium early registration is recommended.

Symposium venueHilton Buenos Aires HotelAv Macacha Güemes 351Buenos Aires, ArgentinaTel: +54 (11) 4891 0000Website: www.hiltonbuenosaireshotel.com

Young Practitioners’ SymposiumA symposium co-presented by the Arb40 Subcommittee of the IBA Arbitration Committee and the

Young International Arbitration Group (YIAG)

Sunday 25 February

1330 – 1630 Registration

1400 – 1405 Welcome and introductionsAndre Abbud Barbosa Müssnich Aragão, São Paulo; Co-Chair, IBA Arb40 Subcommittee

1405 – 1435 Keynote speech David Arias Arias, Madrid

1435 – 1605 Working session A

ModeratorsSilvia M Marchili King & Spalding, HoustonAndrey Panov Norton Rose Fulbright, Moscow; Co-Chair, Young International Arbitration GroupJennifer L Permesly Skadden Arps Slate Meagher & Flom, New YorkFlore Poloni August Debouzy, Paris; Co-Chair, Young International Arbitration Group

1605 – 1630 Coffee/tea break

1630 – 1800 Working session B

ModeratorsKrystle M Baptista Armesto & Asociados, MadridAnya George Schellenberg Wittmer, Zurich; Co-Chair, Young International Arbitration GroupIgnacio Minorini Lima Bruchou Fernandez Madero & Lombardi, Buenos AiresEstefania Ponce Duran Zuleta Abogados Asociados, Bogota; Website Officer, IBA Public Law Section

1800 – 1805 Closing remarksNoradele Radjai Lalive, Geneva; Co-Chair, IBA Arb40 Subcommittee

1900 – 2230 21st Annual IBA Arbitration Day Opening ReceptionMadero Walk

This reception is open to all delegates. Please indicate your attendance when registering online.

Registration for the symposiumRegister online by 14 February 2018 at www.ibanet.org/conferences/conf896.aspx and make payment by credit card. Credit card payments: by Visa, MasterCard or American Express. No other cards are accepted. If you have any queries regarding registration, please contact Rachel Abifadel at [email protected].

Organized by the

PROGRAM

DOING BETTER WHAT IS ALREADY BEING DONE: THREE ICC COURT INNOVATIONS FOR 2018 Buenos Aires, Argentina. 25 February 2018 (15:30 to 18:00) This event is free of charge. Previous registration is required. Venue: Hilton Buenos Aires, Room Atlántico C, Ave. Macacha Güemes 351, C1106BKG, Buenos Aires, Argentina. 15:00 – 15:30 Participants registration and welcoming coffee 15:30 – 15:45 Welcoming remarks

Alexis Mourre, President of the ICC International Court of Arbitration (Paris) 15:45 – 17:30 Roundtable

• New ICC Appointing Authority Rules: proposal of new services • Sealed Offers • Dispositive Motions

Speakers: Eduardo Silva Romero, Vice-­President of the Commission on Arbitration & ADR of the ICC;; Senior Co-­Chair of the Arbitration Committee of the IBA;; Dechert LLP (Paris / Bogota)

Guido Tawil, Former Co-­Chair of the Arbitration Committee of the IBA and Member of its Advisory Board;; MM Bomchill (Buenos Aires) Deva Villanúa, Armesto & Asociados (Madrid) Eduardo Zuleta, Vice-­President of the ICC International Court of Arbitration;; Former Co-­Chair of the Arbitration Committee of the IBA;; Zuleta Abogados Asociados (Bogota)

Moderated by: Ana Serra e Moura, Deputy Secretary General of the ICC International Court of Arbitration (Paris) 17:30 – 17:45 Q&A session 17:45 – 18:00 Conclusions of the session and closing remarks Registration and more information To register, please go to: https://en.xing-­events.com/UUMRHZO For more information, please contact us at iccarbitration-­[email protected]

To view the full programme and to register please visit:

http://www.lcia.org/lcia-events/events_schedule.aspx

Tuesday 27 February 2018

At the Faena Hotel, Buenos Aires

Buenos Aires Argentina

If you require any further information, please contact the LCIA Tel: +44 (0) 20 7936 6200 Fax: +44 (0) 20 7936 6233 Em: [email protected] Web: www.lcia.org

LCIA SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION A one day symposium organised by the LCIA Latin American and Caribbean Users’ Council

Introduction and Format The London Court of International Arbitration (LCIA) is one of the world’s premier international arbitration institutions, renowned not only for its arbitration administration services but also for its conferences and symposia.

In the long established LCIA tradition, this symposium is designed to be interactive and to provide an opportunity for delegates to share news and views on developments in the field of international commercial arbitration and ADR.

Who Should Attend?

Arbitrators, in-house counsel, practitioners, academics and members of the local and international business community interested in, and affected by, current developments and best practice in the field of international arbitration.

Venue

The Faena Hotel, 445 Martha Salotti Street (Puerto Madero), Buenos Aires, Argentina, C1107CMB http://www.faena.com/buenos-aires/

CPD/CLE

This symposium qualifies for up to 4 hours CPD/CLE. Following the event, the LCIA will be pleased to provide attendees a certificate of

attendance which, subject to the exact CPD/CLE requirements of the attendee's jurisdiction, may be used to obtain accreditation.

Programme

#08.45 Registration

09.25 Welcome 09.30 Session A - The LCIA An interactive interview session with the LCIA Director General and other panellists 10.30 Coffee break 11.00 Session B - Hot topics in international arbitration in Latin America Covering: efficiency, transparency, diversity in international arbitral tribunals, dealing with corruption in international commercial arbitration, and third party funding. An Interactive panellist discussion 12.00 Lunch 13.30 Session C - Arbitration with public entities "Are States liable for the conduct of their instrumentalities? Possible extension of the arbitration agreement to the non-signatory State? Under what conditions State instrumentalities that have a separate and autonomous legal personality may be held liable for the pecuniary obligations of the State?" An interactive panellist discussion 14.30 Coffee break

15.00 Session D - LCIA Tylney Hall style session Delegates will be contacted before the symposium and invited to submit topics for discussion. On the day, delegates will be encouraged to participate in a free flowing discussion of the topics submitted and current issues of key interest in the field, under the expert guidance of well-known co-Chairs. 16.00 Closing remarks and session ends 18.00 Reception followed by dinner

Further information and Registration

To view the full programme and to register please visit:

http://www.lcia.org/lcia-events/events_schedule.aspx

Tuesday 27 February 2018

At the Faena Hotel, Buenos Aires

Buenos Aires Argentina

If you require any further information, please contact the LCIA Tel: +44 (0) 20 7936 6200 Fax: +44 (0) 20 7936 6233 Em: [email protected] Web: www.lcia.org

LCIA SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION A one day symposium organised by the LCIA Latin American and Caribbean Users’ Council

Introduction and Format The London Court of International Arbitration (LCIA) is one of the world’s premier international arbitration institutions, renowned not only for its arbitration administration services but also for its conferences and symposia.

In the long established LCIA tradition, this symposium is designed to be interactive and to provide an opportunity for delegates to share news and views on developments in the field of international commercial arbitration and ADR.

Who Should Attend?

Arbitrators, in-house counsel, practitioners, academics and members of the local and international business community interested in, and affected by, current developments and best practice in the field of international arbitration.

Venue

The Faena Hotel, 445 Martha Salotti Street (Puerto Madero), Buenos Aires, Argentina, C1107CMB http://www.faena.com/buenos-aires/

CPD/CLE

This symposium qualifies for up to 4 hours CPD/CLE. Following the event, the LCIA will be pleased to provide attendees a certificate of

attendance which, subject to the exact CPD/CLE requirements of the attendee's jurisdiction, may be used to obtain accreditation.

Programme

#08.45 Registration

09.25 Welcome 09.30 Session A - The LCIA An interactive interview session with the LCIA Director General and other panellists 10.30 Coffee break 11.00 Session B - Hot topics in international arbitration in Latin America Covering: efficiency, transparency, diversity in international arbitral tribunals, dealing with corruption in international commercial arbitration, and third party funding. An Interactive panellist discussion 12.00 Lunch 13.30 Session C - Arbitration with public entities "Are States liable for the conduct of their instrumentalities? Possible extension of the arbitration agreement to the non-signatory State? Under what conditions State instrumentalities that have a separate and autonomous legal personality may be held liable for the pecuniary obligations of the State?" An interactive panellist discussion 14.30 Coffee break

15.00 Session D - LCIA Tylney Hall style session Delegates will be contacted before the symposium and invited to submit topics for discussion. On the day, delegates will be encouraged to participate in a free flowing discussion of the topics submitted and current issues of key interest in the field, under the expert guidance of well-known co-Chairs. 16.00 Closing remarks and session ends 18.00 Reception followed by dinner

Further information and Registration

Registration form

21st Annual IBA Arbitration Day: the Rule of Law created by international arbitrators – between pacta sunt servanda and bona fide

25–26 February 2018, Hilton Buenos Aires Hotel, Buenos Aires, Argentina

Please read the ‘Information’ section before completing this form and return it together with your bank transfer or cheque to Rachel Abifadel at the address overleaf.

REGISTER ONLINE AT WWW.IBANET.ORG/CONFERENCES/CONF836.ASPX TO MAKE IMMEDIATE AND SECURE PAYMENT BY CREDIT CARD AND OBTAIN A 10 PER CENT DISCOUNT ON THE FEES BELOW

PERSONAL DETAILS (Please attach your business card or write in block capitals)

Title________________ Given name ____________________________________________ Family name _____________________________________________

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Guest ______________________________________________________________________________________________________________________________ Guests are not entitled to attend the working sessions. No member of the legal profession may be registered as a guest.

SPECIAL DIETARY REQUIREMENTS

If you have special dietary requirements, due to allergen intolerances, medical, religious reasons or a life choice, please specify the requirement below. The IBA is unable to cater for dietary requirements other than for the above reasons.

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TO OBTAIN A TEN PER CENT DISCOUNT ON THE FEES BELOW, PLEASE REGISTER BY 10 JANUARY 2018 ONLINE AT WWW.IBANET.ORG/CONFERENCES/CONF836.ASPX

IBA MEMBERS CAN REGISTER ONLINE BY 10 JANUARY 2018 FOR US$690, PLEASE SEE ‘INFORMATION’ FOR FURTHER ONLINE REGISTRATION DETAILS.

HARD COPY REGISTRATION FORMS AND FEES RECEIVED: on or before 10 January after 10 January amount payable

IBA member US$765 US$930 US$

IBA corporate group member* US$575 US$1,000 US$

Non-member** US$1,015 US$1,180 US$

Young lawyers (under 30 years) US$575 US$1,180 US$

Academics/judges (full time) US$575 US$1,180 US$

Public lawyers US$575 US$1,180 US$

Corporate counsel US$690 US$1,180 US$

IBA Mediation Committee breakfast US$48 US$48 US$

Guest fee US$60 US$60 US$ Guests are not entitled to attend the working sessions. No member of the legal profession may be registered as a guest.

TOTAL AMOUNT PAYABLE US$

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*A REDUCED RATE IS OFFERED TO IBA CORPORATE GROUP MEMBERS. PLEASE REGISTER ONLINE TO OBTAIN A 25 PER CENT DISCOUNT ON THE IBA MEMBER FEE

**JOIN THE IBA TODAY AND REGISTER FOR THIS CONFERENCE AT THE IBA MEMBER RATE. PLEASE FIND THE MEMBERSHIP APPLICATION FORM AT WWW.IBANET.ORG.

A REDUCED RATE IS OFFERED TO LAWYERS WHO ARE OVER THE AGE OF 65, HAVE BEEN AN IBA MEMBER FOR MORE THAN 20 YEARS AND ARE NO LONGER PRACTISING LAW. PLEASE CONTACT THE IBA OFFICE FOR FURTHER INFORMATION.

FULL PAYMENT MUST BE RECEIVED IN ORDER TO PROCESS YOUR REGISTRATION. PLEASE NOTE THAT REGISTRATIONS ARE NOT TRANSFERABLE.

METHODS OF PAYMENT

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Register online at www.ibanet.org/conferences/conf836.aspx and secure payment by credit card

Note: please do not send your credit card details on the registration form or within an email or fax.

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I have transferred to the IBA bank account the total amount payable and have attached a copy of the bank transfer details.

By bank transfer to the IBA account number: 01286498 (Sort Code 56-00-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208 Piccadilly, London W1A 2DG, United Kingdom. SWIFT address NWBKGB2L, IBAN GB55NWBK60730101286498.

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Your details will however be included in the list of participants.

PLEASE SEND THE COMPLETED FORM TO INTERNATIONAL BAR ASSOCIATION:

Rachel Abifadel

Rua Helena 170, 14º andar, São Paulo, SP 04552-050, Brasil

Tel: +55 (11) 3046 3320 Fax: +55 (11) 3046 3324 Email: [email protected] www.ibanet.org

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International Bar Associationthe global voice of the legal profession

The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of more than 80,000 individual lawyers and more than 190 bar associations and law societies spanning over 160 countries. It has considerable expertise in providing assistance to the global legal community.

Grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of law around the globe. Additionally, the IBA’s world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners, senior business professionals, regulators and government officials.

IBA Arbitration Committee overviewThe IBA Arbitration Committee focuses on laws, practice and procedures relating to the arbitration of transnational disputes. Through its conferences, publications and projects, the Committee seeks to share information about international arbitration, promote its use and improve its effectiveness.

Contact informationInternational Bar Association Latin America Office, Rua Helena 170, 14º andar, São Paulo, SP 04552-050, BrasilTel: +55 (11) 3046 3321 Fax: +55 (11) 3046 3324 Email: [email protected] www.ibanet.org

International Bar Association, 4th Floor, 10 St Bride Street, London EC4A 4AD, United KingdomTel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091 Email: [email protected] www.ibanet.org

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