In the absence of similar institutions or courses at this scale in the region, LAIAC seeks to address the increasing demand for specialized teaching in international commercial and investment arbitration in Latin America.
Taking part in LAIAC will enable participants to acquire a general understanding of procedural and substantive matters in both commercial and investment arbitration. Its intense program is also designed for participants to acquire practical knowledge in specialized sectors of international arbitration, and to learn practical advocacy and drafting skills from leading practitioners.
The 2020 LAIAC program consists of a 10 hours General Course, 8 Thematic Courses (of 5 hours each), 4 lectures, and a practical skills workshop on cross-examination. The program is designed for participants from Latin America and other regions. Classes will be taught in English, with the exception of a 2 hours lecture.
Several conferences and social events will also be organized in the course of the program.
The General Course aims to provide LAIAC’s participants with a complete overview of the general transnational concepts structuring international commercial and investment arbitration. The course instructor for the 2020 program will be Prof. Gabrielle Kaufmann-Kohler.
Participants will be provided with a 10 hours comprehensive overview of international commercial and investment arbitration, covering both the main substantive and procedural issues that arise in the course of arbitral proceedings. The main characteristics of each arbitration institution and procedure will be examined, with emphasis placed on the types of disputes that may be brought before each, as well as related jurisdictional considerations.
The Thematic Courses aim to provide LAIAC’s participants with specialized and in depth instruction in specific features of international arbitration applied to different industries, such as sports arbitration and construction arbitration.
Substantive Treaty Protection and General International Law, by Prof. Brigitte Stern
International investment agreements (IIAs), include treaty provisions that oblige host States to treat foreign investors in a certain manner. These provisions very often make reference to concepts of customary nature. Concurrently, IIAS are not isolated from general international law, and customary rules of international law may impact different aspects in the implementation of IIAs. The aim of this course is to analyze and bring these aspects to light.
Contract and Investment Disputes, by Prof. Zachary Douglas QC
One of the main causes of concurrent proceedings is the existence of different legal instruments, which may confer rights upon investors and obligations on States. Contract and treaty obligations provide distinct grounds for a substantive claim (with often different applicable substantive laws). A single measure from a host State can give rise to both a contract and a treaty claim, which can be brought in different fora and under different substantive laws, even though the parties may be substantially the same and seeking substantially the same relief. This course aims to explore these peculiarities, establishing the distinction between contract and investment disputes.
Jurisdiction and Admissibility in Investment Arbitration, by Prof. Marcelo Kohen
Investment arbitration tribunals draw their jurisdiction from an investment treaty, having the power to apply international law and determine the responsibility of the host State. The aim of this course is to analyze the consensual, substantive, material and temporal dimensions of the jurisdiction of international investment tribunals.
Enforcement of Awards, by Jonathan I. Blackman
Although the final award marks the end of the arbitration process, it does not always put an end to the dispute. In the event that the losing party refuses to comply with the orders in the award, the successful party will have to take steps to enforce the award. In an international arbitration, the award may not be issued in the place of domicile of either party or in a jurisdiction where the assets of the losing party may be found. This is where one of the main reasons for the rise of international arbitration comes into focus - the enforceability of the arbitral award. The course will focus on the enforcement under the New York Convention and the defense of state immunity by losing States.
Annulment of Awards, by Eduardo Zuleta
This course will analyze the mechanisms of annulment of awards, both in the context of commercial and investment cases. Commercial and non-ICSID investment awards are usually challenged before local tribunals at the seat of arbitration under the local arbitration laws. On the other hand, the the ICSID Convention provides for a specific mechanism to request the annulment of awards rendered under it. This course will analyze the peculiarities of each annulment mechanism (grounds for challenge, procedural issues and the effects of the challenge).
Private International Law and Investment Arbitration, by Prof. José Antonio Moreno Rodríguez
Investment Arbitration raises several issues related to Private International Law; many times ignored, neglected, or not handled appropriately. This course will deal with these issues, focusing in particular in the delicate problem of applicable law, both in the presence and absence of choice. The course will also address Public International Law, Non-State Law, and other matters related to this issue.
Construction Arbitration, by Christopher Seppälä
Construction arbitration is different from other industries as it carries considerable risk, is technically complex, involves many parties, and entails unique legal concepts such as concurrent delays, critical paths, and global claims. This course will enable participants to gain a comprehensive understanding of the substantive issues in construction contracts (such as FIDIC rules), the special features of construction arbitration (such as subcontracts and multiparty arbitration), as well as selected topics in this field of arbitration.
Sports Arbitration, by Prof. Antonio Rigozzi
The Court of Arbitration for Sport (CAS) acts as the world’s highest sports tribunal for most kinds of disputes between athletes/clubs and sports governing bodies. CAS also administers commercial arbitrations in sports matters and a specific arbitration procedure for the Olympic Games. This course will enable participants to understand how sport disputes are resolved, gain a comprehensive overview of the different procedures before the CAS, and to have the opportunity to discuss their specificity, including the impact on the rights of athletes.
The lectures seek to give LAIAC’s participants an overview of a doctrinal and practical question touching upon international arbitration. The 2020 program includes the following lectures:
Inaugural Lecture: Latin America and International Arbitration, by Prof. Raúl Vinuesa
This lecture will expose the importance of international arbitration in Latin America and will identify the specificities and similarities of arbitration in the region, compared to the general transnational trends. Selected issues will also be covered.
Attribution in international investment Arbitration, by Gabriel Bottini
Attribution plays a central role in investment treaty arbitration, in order to identify the conduct of individuals which will be treated as constituting that of the State under general international law. In this task, it is necessary to bare in mind the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts. This lecture will explore the practice of investment tribunals in this domain and the challenges counsels and arbitrators face when dealing with this issue.
The Singapore Convention on Mediation, by Prof. Roque Caivano
The signing of the Singapore Convention on October 7, 2019 on the “International Settlement Agreement resulting from Mediation” aims to increase recourse to mediation in the global ADR perspective. This lecture will guide participants through this convention, as well as through its implication (and combination) for arbitration practitioners.
Human Rights and Investment Arbitration, by Prof. Mónica Pinto
Governments’ legal obligations under international investment law and international human rights law are occasionally in tension. No inherent conflict exists between these distinct legal regimes. Yet in specific situations, Actions to protect human rights may violate investors' protections under a treaty or investors' rights under a contract; similarly, actions to protect investments may violate human rights.
LAIAC also counts on the support of the ICC, ICSID, and the PCA. These 3 arbitral institutions will provide LAIAC’s participants with insight on keys aspect of their rules and practice.
• Presentation of the ICSID Arbitration Rules & Practice, by Gonzalo Flores
• Presentation of the ICC Arbitration Rules & Practice, by Juan Pablo Argentato