Third Party Funding in International Arbitration PDF
Preview Third Party Funding in International Arbitration
Third Party Funding in International Arbitration: Thorny Issues for Arbitration Practitioners and Their Clients March 31, 2017 3:45 – 5:00 PM Moderator Harout Jack Samra Associate DLA Piper LLP Miami, Florida Panelists Brian A. Briz Partner Holland & Knight LLP Miami, Florida (cont…) Carlos F. Concepción Partner Jones Day Miami, Florida Juan C. Garcia Of Counsel Hogan Lovells Miami, Florida Effie Silva Partner Duane Morris LLP Miami, Florida Narghis Torres Founder and CEO LexFinance Lima, Peru Tab 1 – Biographies or CVs Brian A. Briz Partner Miami T 305.789.7723 [email protected] Profile | Publications Practices Brian A. Briz practices in the firm's Litigation Department, focusing primarily in the areas of Litigation and Dispute Resolution international, crossborder and commercial litigation and arbitration, with a particular emphasis on disputes involving Latin America. He has broad experience representing domestic and foreign International Litigation and Arbitration clients in complex, commercial disputes in federal and state courts and in arbitration proceedings Securities Litigation under the auspices of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the American Arbitration Association (AAA), China International Latin America Practice Economic and Trade Arbitration Commission (CIETAC), and in ad hoc arbitration proceedings under the UNCITRAL Arbitration Rules. Mr. Briz also has experience defending banks, broker Education dealers and registered representatives in numerous securities litigation and arbitration disputes in Georgetown University Law federal and state courts as well as before FINRA Dispute Resolution. He has also defended Center, J.D. several domestic and foreign clients in copyright and trademark disputes, and represented various University of Miami, BBA, media outlets in media and First Amendment disputes in federal and state courts. cum laude Representative Engagements Bar Admissions Florida Representing a global banking and financial services firm in a dispute concerning negotiable instruments issued by a Central American central bank Court Admissions Representing the seller of a South Americabased company in an ICC arbitration proceeding All State Courts in Florida regarding an M&A dispute involving alleged breaches of representations and warranties U.S. District Court for the Representing an international food commodities trader in a highlypublicized breach of contract Southern District of Florida dispute against an agency of a foreign state U.S. Court of Appeals for the Eleventh Circuit Representing an Asian agrochemical company in an ICDR arbitration proceeding regarding an earnout and purchase price dispute arising from the acquisition of a Latin American company Spoken Languages Defending a European bank in a putative class action brought by Latin American investors who English had invested in a Madoff feeder fund Spanish Representing a Spanish travel and cruise company in federal court and in a related ICDR arbitration proceeding regarding a dispute arising from a share purchase agreement for the acquisition of a South American company Defending a European manufacturer of cargohandling machinery in an agency agreement dispute with a Latin American distributor Representing a Latin American telecommunications equipment provider in a CIETAC arbitration proceeding regarding an agency agreement dispute with a Chinese telecommunications company Defending a major investment bank and several of its directors in a securities fraud suit brought by a failed startup company Defending a global beverage company in a highlypublicized copyright suit over lyrics used in an international marketing and advertising campaign Defending leading securities firms and their registered representatives in numerous arbitrations involving claims for securities violations, fraud, negligence, churning, unsuitability and unauthorized trading Representing several companies in actions to enforce or challenge noncompete and non solicitation agreements and in disputes involving the theft or misappropriation of trade secrets Defending a travelrelated marketing company in a federal jury trial in a trademark infringement action brought by a competitor Honors & Awards The Legal 500 Latin America, International Arbitration, 2016 Rising Star, Florida Super Lawyers magazine, 2009, 2011, 20132016 Memberships American Bar Association, Member of Litigation and International Law Sections The Beacon Council Young Leaders Taskforce, 20082009 Cuban American Bar Association The Florida Bar, Member of Business and International Law Sections Greater Miami Chamber of Commerce Leadership Miami, 20112012 Attorney Advertising. Copyright © 1996–2017 Holland & Knight LLP. All rights reserved. CARLOS F. CONCEPCIÓN [email protected] PARTNER Miami Global Disputes (T) +1.305.714.9717 Latin America (F) +1.305.714.9799 Financial Institutions Litigation & Regulation International Commercial Arbitration Carlos Concepción's practice concentrates on international litigation and arbitration involving financial services, construction disputes involving audit and defect claims, and transnational disputes involving parties and witnesses from multiple jurisdictions. He has substantial trial experience with multilingual and multicultural teams that provide a strategic advantage in dealing with parties and evidence from different legal systems, especially in South America, Brazil, and the Caribbean. Carlos also has extensive experience in international corporate investigations and special litigation committees. Prior to joining Jones Day, he led an internal investigation and litigation team representing a special litigation committee in the failure of a major bank in Puerto Rico and a related shareholder derivative action. In addition, Carlos was lead counsel for several Canadian investors in a multidistrict litigation dispute regarding a time share resort in the Dominican Republic. Carlos also represents parties in international arbitrations in a number of industries. He has worked with all the leading arbitration organizations and has conducted proceedings in Spanish and English in which the seat of the arbitration and governing laws has been in multiple countries. He also has experience under the UNCITRAL Rules and the International Bar Association Rules. Carlos is a member of numerous organizations, including the International Chamber of Commerce, Institute for Conflict Prevention and Resolution, Federation of Defense & Corporate Counsel, and the Million Dollar Advocates Forum. He is also a Fellow of the Chartered Institute of Arbitrators (CIArb), which is the highest level of arbitration training and experience recognized by that institution. EXPERIENCE HIGHLIGHTS Businesswoman arbitrates breach of shareholder's agreement claims at ICC Jones Day is representing a businesswoman and philanthropist seeking injunctive and monetary relief through arbitration before the International Chamber of Commerce (ICC) related to the breach of the shareholder's agreement for a company with operations in 17 countries in Latin America. Speedpay defends putative class action lawsuit over processing fees Jones Day represented Speedpay, Inc. in a putative class action lawsuit in which plaintiffs alleged that Speedpay violated the Florida Deceptive and Unfair Trade Practices Act by adding surcharges to utility payments the company collected through its telephone payment system on behalf of an electrical utility company. HONORS & DISTINCTIONS "Top Attorney" in commercial litigation and international arbitration, South Florida Legal Guide (2015, 2016, 2017) The Best Lawyers in America for international arbitration: commercial (2016, 2017) Commercial Arbitration Expert Guide (2015) Florida Trend magazine's "Legal Elite" (2012) EDUCATION University of Florida (J.D. with high honors 1982; Order of the Coif); Florida State University (B.S. magna cum laude 1979; Phi Beta Kappa) BAR ADMISSIONS Florida; Texas; U.S. District Courts for Southern, Northern, and Middle Districts of Florida; and U.S. Court of Appeals for the Eleventh Circuit PUBLICATIONS December 2016 The New ICC Expedited Procedure Rules: A New Experiment March 2016 Miami International Commercial Arbitration Court: Another Reason Why Miami Is Becoming the Preferred Seat for Latin American Arbitrations SPEAKING ENGAGEMENTS September 9, 2016 4th Annual Caribbean Corporate Counsel Summit 2016 Miami, Florida 13 de abril, 2016 Cómo afrontar un proceso de Pre-Trial Discovery en los litigios en los Estados Unidos Juan C. Garcia Counsel Miami Biography Phone Juan C. Garcia has a track record of skillfully handling +1 305 459 6618 commercial and investor-state disputes. Fax Juan has deep experience navigating complex business +1 305 459 6550 disputes across a variety of industries (mining, oil and gas, and telecommunications, among others) and Email foreign legal systems, including arbitrations [email protected] administered under the rules of the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL) Languages and the International Centre for Settlement of Spanish Investment Disputes (ICSID), as well as litigation in domestic and foreign courts. Practices Representative Experience International Arbitration Representing a Central American country in investment Latin America treaty arbitration administered under the rules of the ICSID related to the expropriation of a mining Litigation and Arbitration concession. Successfully represented a foreign entity in an ICDR Education and arbitration, dismissing all claims and awarding all admissions attorneys' fees and costs. Represented investors in an ICSID arbitration arising Education from the expropriation of hospitality sector J.D., University of Pennsylvania Law investments with claims exceeding US$200m.* School, 2008 B.A., summa cum laude, Phi Beta Kappa, Villanova University, 2005 Bar admissions and qualifications Florida New York Court admissions U.S. District Court, Eastern District of New York U.S. District Court, Southern District of Florida U.S. District Court, Southern District of New York Harout Jack Samra Associate [email protected] 200 South Biscayne Boulevard, Suite 2500, Miami, Florida, 33131-5341, United States T: +1 305 423 8534 F: +1 305 468 6348 Harout Samra focuses his practice on international dispute CREDENTIALS resolution and arbitration matters, including international civil Education litigation in US courts. University of Miami School of Law J.D., Harout has represented clients from both the public and private magna cum laude sectors, including foreign governments and clients from the University of Miami M.B.A., Finance insurance, banking, finance, manufacturing, aviation and hospitality University of Miami B.A., cum laude, industries. He has experience in international arbitrations Economics administered under the International Chamber of Commerce (ICC), Admissions International Centre for Dispute Resolution (ICDR), United Nations New York Commission on International Trade Law (UNCITRAL) and International Centre for Settlement of Investment Disputes (ICSID) Florida arbitration rules. Languages Harout was appointed by Governor Rick Scott to serve on the English Florida Third District Court of Appeal Judicial Nominating Spanish Commission for a term beginning in 2014 and ending in 2018. Armenian EXPERIENCE Representative Matters Represented a Barbadian investor in an ICSID arbitration against the Bolivarian Republic of Venezuela pursuant to the Barbados-Venezuela Bilateral Investment Treaty arising from the expropriation of hospitality sector investments with claims exceeding US$200 million Represented a Spanish investor in an ICSID arbitration against the Bolivarian Republic of Venezuela pursuant to the Spain-Venezuela Bilateral Investment Treaty arising from the expropriation of financial sector investments with claims exceeding US$100 million Represented the American Bar Association in the filing of an Amicus Brief before the United States Supreme Court addressing legal ethics and the role of prosecutors in Juan Smith v. Burl Cain, Warden (Louisiana) (Case No. 10-8145) Represented the American Bar Association in the filing of an Amicus Brief before the United States Supreme Court addressing ineffective assistance of counsel in Luis Mariano Martinez v. Charles L. Ryan, Director, Arizona Department of Corrections (Arizona) (Case No. 10-1001)
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