Investment Arbitration in Latin America: International Perspectives from Argentina, Ecuador and Venezuela

[On Demand Webinar - DL1070]

Course Type: Audio / PowerPoint Presentation
Course Registration Fee: Lex Mundi Member Fee: No Charge / Non-Member Fee: No Charge

Duration: 90 minutes

Course Description:

International investment arbitration is a tool that helps investors ensure a more fair and predictable environment in Latin American markets. Consequently, over the last few years, a series of significant claims against Latin American Governments for an alleged breach of its obligations under free trade agreements or investment protection treaties has shown that investment arbitration is one of the most effective mechanisms for private investors in order to protect their interests against possible breaches of these treaties.

In this webinar, legal experts from Lex Mundi member firms from Argentina, Ecuador and Venezuela will share their international experience in respect to the current situation of the region regarding investment protection mechanisms and the options open to investors who are facing a breach of treaties signed with Latin American Governments. 

    What You Will Learn:

    • Overview of the types of investment treaties in Latin America
    • Direct and Indirect Expropriation 
    • Standards of Protection in Latin America 
    • Public Procurement and Investment Arbitration in the region
    • A review of the pending cases: Argentina, Ecuador and Venezuela 
    • Current situations raising concerns in the region
       

    Faculty:

     

     

     

     

    Alejandro Escobar, Partner, Baker Botts L.L.P. (Lex Mundi member firm for USA, Texas)

    Alejandro Escobar practices in public international law and international arbitration. Mr. Escobar has extensive experience in advising on investment treaty disputes and the law of state responsibility, on the international legal protection available for investment structuring, and on other areas of public international law, including boundary disputes, the Law of the Sea, and international trade agreements. He typically handles complex investment matters involving multiple jurisdictions and overlapping contract, local law and treaty obligations. Mr. Escobar also acts for clients in international commercial arbitrations and before dispute resolution boards. He regularly serves as an arbitrator.

    Mr. Escobar was previously senior counsel at the International Centre for Settlement of Investment Disputes (ICSID) where he handled numerous investor-state arbitration proceedings brought under bilateral investment treaties (BITs) and multilateral treaties for the protection of investments, such as the North American Free Trade Agreement (NAFTA).

     

     

     

     

    Ricardo A. Ostrower, Partner, Marval, O'Farrell & Mairal (Lex Mundi member firm for Argentina)

    Mr. Ricardo A. Ostrower is an experienced litigator, particularly focused on complex civil and commercial litigation as well as in commercial and investment arbitration, including disputes between shareholders, cross-border cases, product liability and corporate law matters. He has also actively participated in class actions, contentious issues related to administrative law matters and in oil & gas and environmental disputes. He has represented several of the largest companies operating in the region in many judicial and arbitral proceedings. 

    He graduated with honors from the Universidad de Buenos Aires with a degree in Law. He received the Federal Supreme Court Award for being the top graduate in 1992.

    He is founding member of CARAT (Comité Argentino de Arbitraje Nacional y Transnacional) and member of the AADP (Asociación Argentina de Derecho Procesal). 

    In several years, he was also selected as one of Argentina’s leading commercial litigators by different researchers.

    He is the author of several articles related to his area of specialization. He regularly participates in conferences and seminars in his field of practice.

     

     

     

     

    Juan Manuel MarchánPérez Bustamante & Ponce (Lex Mundi member firm for Ecuador)

    Juan Manuel´s practice is focused on local and international arbitration and mergers and acquisitions. He is experienced in advising buyers, sellers, investment bankers and lenders on the purchase and sale of shares, sale of assets, due diligence processes and implementing the closing of transactions. He has also been counsel for both respondents and claimants in local and international arbitration. 

    Professional Experience

    • Arbitrator at the Ecuadorian-American Chamber of Commerce and the Guayaquil Chamber of Commerce. 
    • Professor of International Arbitration at Universidad San Francisco de Quito. 
    • Secretary of the Arbitral Tribunals of the Quito Chamber of Commerce and the Ecuadorian-American Chamber of Commerce (2003-2013). 
    • Director of the Ecuadorian Arbitration Institute.
    • National and international lecturer.  

     

     

     

    José Gregorio Torrealba, Partner, Hoet Peláez Castillo & Duque (Lex Mundi member firm for Venezuela)

    Jose Gregorio became partner in 2012 and is the head of the Public Law practice area and of the National and International Commercial Arbitration Section of the Litigation and Alternative Dispute Resolution area. He joined the Firm in 2004 as an Intellectual Property associate and then he became a member of the Public Law practice area as junior partner in 2007. Jose Gregorio advises national and foreign corporations in public procurement matters, foreign investment protection, antitrust, consumer protection, general public law, litigation and national and international arbitration.    Counsel of a multinational corporation concerning execution of procurement contracts with public bodies and application of international treaties in a mass transportation project.  

    • Counsel of a multinational corporation concerning execution of procurement contracts with public bodies and application of international treaties in a mass transportation project.  
    • Counsel of an important foreign bank concerning public financing of a State-owned company.  
    • Counsel of a significant number of foreign corporations to achieve protection of their investments in Venezuela through Bilateral Investment Treaties.
    • Successful representation of a foreign contractor in a negotiation with the Republic for the settlement of a dispute in connection with enforcement of a contract to repair military equipment.  
    • Successful representation of a national contractor in an arbitration procedure against a multinational oil corporation regarding enforcement of contract and payment of indemnification.

    MCLE/CPD Information:

    To obtain MCLE/CPD credit for online courses through the Lex Mundi Learning Network, please refer to your jurisdiction’s regulating agency for information regarding MCLE/CPD self-filing instructions.

    Registration and fees:

    Lex Mundi Member Fee - No Charge
    Non-Member Fee - No Charge

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