LAIAC sought to address the increasing demand for specialized teaching in international commercial and investment arbitration in Latin America. Participants to the 2020 course acquire a general understanding of procedural and substantive matters in both commercial and investment arbitration. Its intense program was also designed for participants to acquire practical knowledge in specialized sectors of international arbitration.
The 2020 LAIAC program consisted of a General Course, 8 Thematic Courses, and 4 lectures. The program was initially designed for 40 participants from Latin America; in its online version, LAIAC was attended by 166 participants over three continents . Classes were taught in English, with the exception of one lecture in Spanish.
The General Course provided 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 was Prof. Gabrielle Kaufmann-Kohler.
Participants were provided with a 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 were examined, with emphasis placed on the types of disputes that may be brought before each, as well as related jurisdictional considerations.
The Thematic Courses aimed 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.
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 aimed to explore these peculiarities, establishing the distinction between contract and treaty 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 was 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 was 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 analyzed 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 ICSID Convention provides for a specific mechanism to request the annulment of awards rendered under it. This course analyzed 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 dealt with these issues, focusing in particular on the delicate problem of applicable law, both in the presence and absence of choice. The course also addressed Public International Law, Non-State Law, and other matters related to this issue.
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 enabled participants to understand how sports 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.
Energy Disputes in International Arbitration, by Mr. Eduardo Silva Romero
The political and economic volatility in the energy sector has resulted in a rise of complex, high-value disputes across a range of jurisdictions. These cases are typified by significant volumes of documentation and complex, disputed facts. Energy arbitrations raise specific issues, as energy projects are capital intensive, tend to involve long-term agreements, have significant social, economic, and political impact, and raise thorny questions of energy security and State sovereignty. It spans both investment and commercial arbitration, since the same project often triggers both types of arbitrations.
Construction Arbitration by Clare Connellan
Construction arbitration is different from other industries as it carries considerable risk, is technically complex, involves many parties, and entails unique legal concepts such concurrent delays, critical paths, and global claims. This course enabled 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.
The lectures sought to give LAIAC’s participants an overview of a doctrinal and practical question touching upon international arbitration. The 2020 program included the following lectures:
Inaugural Lecture: Latin America and International Arbitration, by Prof. Raúl Vinuesa
This lecture exposed the importance of international arbitration in Latin America and identified the specificities and similarities of arbitration in the region, compared to the general transnational trends.
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 explored 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 guided 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 included presentations by 3 arbitral institutions on key aspects 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
• Presentation of the PCA Arbitration Practice, by Martin Doe and Julián Bordacahar