The LITREDI team has an active participation as speakers in conferences and roundtables in the topics of our specialty. In this section, we are sharing a list of the past events, as well as an invitation for events in which we will be participating in the future.
The II Conference: Arbitration in Latin America that took place in Monterrey on August 2019 had an audience of more than 120 people, and this time it focused in construction disputes. Marco Tulio Venegas participated in one of the roundtables as speaker commenting the subject of the challenges and opportunities that the implementation of dispute boards is facing in Mexico and Latin America. In his panel, other topics, such as the possible alternatives to enforce the agreements reached as a consequence of said alternative dispute resolution methods were discussed, mainly in light of the recent Singapore Convention on Mediation. The wide range of experience and knowledge of the participants and speakers, placed this event as one of the more relevant and successful in arbitration matters, which the City of Monterrey has hosted. The event served as a brilliant closing of the office of Mr. Javier Navarro as chair of the Arbitration Committee of the International Chamber of Commerce in Monterrey.
Likewise, on August 29, 2019, our partner, Marco Tulio Venegas, acting as chair of the Committee on disputes in construction of infrastructure of the Mexican chapter of the International Chamber of Commerce had the honor of organizing and moderate the seminar “Professional Management of Contracts on Infrastructure Projects”. This event received an important number of engineers, attorneys and finance professionals and become a seminal moment in our legal forum. It was an intensive and interdisciplinary training for the management of projects. The techniques to achieve a proper project management in large infrastructure works since its initial phases until its post-termination stages are, without a doubt, the best manner to prevent disputes and guarantee, to the extent possible, the material and financial execution of a project. During this seminar, not only many useful presentations were displayed, but also several topics were discussed leading to the reflections of the participants to find the best solutions to the problems that usually affect the large infrastructure projects in our country.
On the other hand, our partner, Michelle Carrillo, participated as a speaker in the Investment Arbitration panel on Environmental Disputes, Renewable Energies and Human Rights held during the “Young Arbitration Sessions”. The event took place on September 18, 2019 at the Peruvian University of Applied Sciences (UPC), in the context of the 3rd Peruvian Arbitration Day and was conjointly organized by ICC Peru, Arbitration 360°, Peruvian Young Arbitrators, Lima Very Young Arbitration Practitioners and Arbitral Women. Michelle’s contribution dealt with the complexities of the “Interaction between Investment Arbitration and the Rights of Local Communities”, providing an analysis of the most relevant precedents on the subject, the protection of investments, the mechanisms to protect the rights of local communities (including the human right to water and sanitation, freedom of assembly and freedom of speech, human rights of indigenous peoples and the concept of prior and informed consent, etc.), as well as future perspectives to achieve sustainable investments, both financially and socially.
On October 8, 2019, Michelle Carrillo took part in the event “Arbitration and the Judiciary” organized by the National Association of Circuit Magistrates and District Judges of the Federal Judiciary and the Mediation, Arbitration and Conciliation Center (CEMAC). Michelle moderated joint panels on the “Setting Aside and Enforcement of Arbitral Awards”, which allowed for a unique exchange between private arbitration practitioners and distinguished members of the Mexican judiciary. The panels addressed uncharted topics related to judicial proceedings for the setting aside and the recognition and enforcement of arbitral awards. These panels allowed for an enriching discussion and analysis of recent judicial precedents that are shaping the Mexican arbitration practice regarding post-award proceedings.
November 2019 was a very active month for LITREDI´s members. We started with our three partners attending the 17th edition of the ICC Miami Conference on International Arbitration which took place on November 11-12, 2019.
Later on, conscious of the relevance of supporting the development of talent in the young students of Law, LITREDI sponsored the UP-ICC Mexico Moot 2019 organized each year by Professor Dr. Edgardo Muñoz in the Law Faculty of the Universidad Panamericana, campus Guadalajara, with the support of the International Chamber of Commerce Mexico (ICC Mexico). In the context of this event, Michelle Carrillo was an invited speaker in the panel on arbitration hearings, addressing various practical issues, the examination of evidence and the implications on the efficient conduct of arbitration proceedings. Michelle was also honored to act as arbitrator in the hearing rounds and practical cases of the event.
Ending up 2019, on November 27, Marco Tulio Venegas, participated with James Graham and Claudia Frutos-Peterson in the conference organized by the Nuevo Leon Arbitration Committee of the International Chamber of Commerce (ICC). This conference was titled “Enforcement of Arbitral Awards which have been set aside, Lessons from the COMMISA v. PEMEX case” and, within it, the origins of the case were discussed as well as how several topics handled by this case shaped the current legislation in our country regarding the non-arbitrability of the administrative termination. Likewise, experiences and insights about the future of arbitration were also shared including both state entities and definitions of public order adopted by different countries.
On January 22, 2020, our partner, Michelle Carrillo had the honor of speaking in the Nuevo Leon ICC Young Arbitrators Forum’s first session of the year with an individual contribution on the most representative arbitration cases in the Mexican practice. Michelle presented a factual and procedural analysis of the COMMISA case (Corporación Mexicana de Mantenimiento integral v. Pemex Exploración y Producción).
2020 has been a year of shifts and challenges, namely as of March when the COVID-19 pandemic modified several of our schemes in order to make the internet the best means of communication. Thus, adapting ourselves to the new conditions prevailing, our partner, Marco Tulio Venegas has participated in a couple of seminars through the digital platforms. The first of them, organized by the Arbitration Center of Mexico jointly with the UNAM´s Institute of Legal Research (Instituto de Investigaciones Jurídicas de la UNAM) and the University of Aberdeen (Scotland), addressed the topic of “Provisional Measures within the Commercial Arbitration”. In this seminar, which took place on May 18, 2020, Marco Tulio, Christa Mueller, Claudia Frutos-Peterson and Victor Ruiz shared their experiences and knowledge in regard to this issue. Subsequently, on May 20, 2020, Marco Tulio participated as a speaker at the event organized by the Works, Procurement and Services Commission of the Barra Mexicana Colegio de Abogados, AC (BMA). In this second event titled “An approach of the challenges in Infrastructure Contracts to the effects of COVID-19”, Marco Tulio explained, from a macroeconomic and budget policy viewpoint, the current status of government investment in infrastructure spending. Following this frame of reference, Cristina Vizcaino and Sergio Olivar continued this seminar by referring to the potential problems and solutions faced today by the infrastructure works; specifically, due to the standstill of activities caused by COVID-19. They also referred to the challenges that the public-private partnership scheme has had to overcome and the possible future for the development of this industry.