ICC YAAF & ITA: Myths and Realities of Arbitration Across the Americas
This joint ICC YAAF, ITA Americas Initiative and Young ITA event will bring together practitioners with U.S. and Latin American experience for a practical conversation following the life cycle of an international arbitration from the earliest stages of a dispute through enforcement of the award.
The panel will begin before the arbitration itself, considering when document-preservation duties arise and how U.S.-style litigation holds compare with practice in Latin America. It will then turn to document production and discovery, including custodians, search terms and electronic evidence; privilege and the risk of waiver; parallel U.S. court proceedings; and the availability and limits of Section 1782 as a tool for obtaining evidence in the United States.
The final part of the discussion will address the path from award to recovery: recognition and enforcement under the New York Convention, attachments and asset recovery, alter ego and veil-piercing theories, and the particular challenges that arise when the award debtor is a State, including sovereign immunity from jurisdiction and execution.
The session will use an interactive "myth or reality" format. Participants will vote at the outset on a series of common assumptions about arbitration with a U.S. connection, which the panelists will test and unpack through practical examples and comparative perspectives. The panel will be followed by networking coffee.
Key Topics:
• Litigation holds and document-preservation duties before arbitration
• Document production, electronic discovery and practical differences from IBA-style disclosure
• Attorney-client privilege, work-product doctrine and waiver
• Parallel U.S. court proceedings and Section 1782 evidence-gathering tools
• Recognition and enforcement of awards under the New York Convention
• Attachments, asset recovery, alter ego and veil-piercing theories
• Sovereign immunity and execution against State assets
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Victoria Rodriguez Goyena |
ICC DRS Latam |
Tel. + 54 9 11 7189565656 |
Email Victoria.rodriguezgoyena@iccwbo.org |
TCA Tanoira Cassagne
Juana Manso 205 Piso 7 - Piso 8
Puerto Madero (C1107CBE)
City of Buenos Aires, Argentina
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9:00 – 9:30 |
Registration and Networking Breakfast |
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9:30 – 9:45 |
Opening Remarks |
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9:45 – 11:00 |
Panel Discussion and Q&A Session |
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11:00 – 12:00 |
Networking coffee |
At ICC, we believe that through training and mentorship, we can shape the next generation of leading international arbitration and ADR experts. Through the ICC Young Arbitration and ADR Forum (YAAF) network, we are able to better inform, connect and inspire young professionals with interests in dispute resolution and dispute avoidance.
Throughout the world, ICC YAAF organises a number of educational and social events that allow young professionals to discover best practices, discuss topical issues, network and create meaningful connections with experienced practitioners.