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Department of International Law > OAS

International Commercial Arbitration - June 2013

Fifth Conference on Arbitration in Latin America, a success story co-sponsored by the Department of International Law


The Fifth Conference on Arbitration in Latin America, held at Buenos Aires University Law School in June 13-14, was completed successfully. The conference brought together more than 200 prominent experts, academics, judges, magistrates and international arbitrators, accounting for some 600 participants from various Latin American countries, among other regions. In addition, participants included representatives from some 20 leading arbitration centers and arbitral institutions in the region and other parts of the world.

Among the main topics covered in the June conference was the judicial intervention in arbitration proceedings. Although international commercial arbitration is an alternative dispute resolution forum, in which parties bring their claims outside the state courts, judges play a role in protecting the reputation and effectiveness of international arbitration at the different procedural stages as well as in the recognition and enforcement of arbitral awards.

Therefore, for judges to gain knowledge and familiarity with international legal instruments on the topic is critically important. Prioritizing proper functioning of international commercial arbitration largely hinges on it. Recognizing the importance of this issue, the Department of International Law (DIL) of the Organization of American States (OAS) co-sponsored one of the main workshops at the Conference, which was addressed by the OAS Secretary for Legal Affairs. Among participants, Dr. Jean-Pierre Ancel, President of the Honorary Chamber of the French Court of Cassation; Dr. Aida Kemelmajer de Carlucci, former Judge of the Supreme Court of Mendoza, Argentina; Dr. Roberto Ruíz Díaz, former President of the MERCOSUR Permanent Review Tribunal; Dr. Milton Iván Juica Arancibia, Judge of the Supreme Court of Chile; and Dr. Horacio Ritman, former President of the Superior Court of Justice of Córdoba recount their experiences.

In this context, the Secretary for Legal Affairs underscored an initiative that the OAS Department of International Law launched under the "International Commercial Arbitration: Training Judicial Officers in Cross-Border Decision Enforcement" project, which is funded by the Canadian International Development Agency (CIDA). The project aims precisely to help advance the positive development of the relationship between international commercial arbitrators and courts in Latin America, by disseminating important information and practices on the judges’ role under some of the key international instruments and legal principles on the topic. This initiative targets judges playing that role.

Other topics covered included arbitrator's independence and impartiality; due process; damages in international arbitration proceedings; specific problems related to today’s investor-state arbitration; case management techniques in cases referred to arbitration; and strategic issues in law firms.

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