CIAM-CIAR brings together more than 200 experts in the II Meeting of its Working Groups, with a resounding success

In Madrid

The International Arbitration Center of Madrid and Ibero-American Arbitration Center (CIAM-CIAR) consolidates the institution as a reference in Ibero-American arbitration.

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The International Arbitration Center of Madrid and Ibero-American Arbitration Center (CIAM-CIAR) has brought together more than 200 arbitration experts in the II Meeting of the Working Groups. In this meeting, the keys to arbitration have been addressed from the point of view of end users of relevant economic sectors important for arbitration.

 

At the inauguration, the director of the Legal Services of the European Commission, Daniel Calleja, has pointed out the importance of arbitration and its strategic nature for the European Commission, which knows the benefits of this mechanism: flexibility and autonomy, confidentiality, speed and efficiency and the reduction of the burden of

national courts.

 

José María Alonso, president of CIAM-CIAR, has stated that the Working Groups are absolutely focused on the user to understand what their needs are and make the necessary regulatory modifications to address them. 425 members make up the Working Groups, of which 210 are from law firms and 215 are from companies, which facilitates a direct transmission of the companies' needs.

 

Then Adolfo Díaz-Ambrona, President of the Association for International Arbitration of Madrid, an association through which CIAM provides its service and which brings together the three founding courts (Spanish Court of Arbitration, Court of Arbitration of Madrid and Civil and Commercial Court of Arbitration), has stressed that CIAM-CIAR is now a reference as an international arbitration court for multiple reasons: the number of cases it already handles, the extraordinary professionalism of its team, its transparency, and its working groups."

 

The vice president of CIAM-CIAR, Juan Serrada, recalled the origin of CIAM-CIAR, which started from the need to speak with a single voice from Spain in relation to international arbitration. The founding courts acted motivated by their desire to offer their experience to this joint project.

 

For its part, María José Menéndez, vice president of Spanish and Ibero-American Arbitration Club, has expressed his gratitude and admiration for the work of CIAM-CIAR, adding that the existence and voice of the Working Groups demonstrates the power of this court, as well as the commitment and quality of the teams behind it.

 

Likewise, María José emphasized the mutual support between the Spanish and Ibero-American Arbitration Club and CIAM-CIAR. As host of the Meeting, Angel Asensio, President of the Madrid Chamber of Commerce, has assured that knowing how to handle commercial conflicts is essential for business activity, so it is essential to know the most efficient mechanisms to resolve them.

 

The event, in which Highly prestigious lawyers, experts and arbitrators from the main national and international companies and offices have participated., has been sponsored by Banco Santander, HKA, Albors Galiano Portales, Alvarez & Marsal, Ayuela Jiménez Abogados, Cuatrecasas, FCC Construction, Fieldfisher, Freshfields, Galicia Garrigues, GNCI Law, Howden, Jones Walker, MAPFRE, Martinsdelima, PDND, Pérez-Llorca, RBB Economics, Uría Menéndez and White & Case, and as institutional collaborators the Madrid City Council, the Spanish and Ibero-American Arbitration Club (CEIA) and the International Federation of Commercial Arbitration Institutions (IFCAI).

 

CIAM-CIAR Working Groups

 

The activity of CIAM-CIAR has been the protagonist of the first panel. The general secretary of CIAM-CIAR, Marta Lalaguna, moderated this panel, where he explained the functioning of CIAM-CIAR, the work of its team, the composition of its commissions and working groups and its objectives. Together with her they have participated Eliana Baraldi, member of the CIAM-CIAR Plenary; Elena Gutierrez, of the Arbitrator Appointment Commission; Macarena Letelier, of the Commission for Prior Examination of Awards, and Jesus Remón, from the Good Practices Commission.

 

The president of the ESYS Foundation, Carlos Lopez Blanco, moderated the Digital Economy Working Group table in which they participated Javier Fernández- Samaniego, partner at Osborne Clarke, and Carolina Pineda, partner of Garrigues. The speakers have agreed that we are in a moment of transformation and that Artificial Intelligence will be a key tool in the future of arbitration procedures, but it can never replace the interpretation and work of a lawyer or arbitrator.

 

Next, the Insurance Working Group panel has explored lThe main challenges of disputes in this sector such as lack of knowledge about arbitration, the application of Anglo-Saxon legal figures and poor translations in policies. The expert panel has also recommended arbitration dissemination activities and more care in drafting and translating policies. Furthermore, one of the main conclusions of this presentation has been the specialization of arbitrators in the matter compared to ordinary justice. María José Menéndez, arbitrator and vice president of CIAM- CIAR, has moderated this Working Group, where participants have participated Inigo Quintana, partner of Cuatrecasas; Antonio Santos, claims coordinator for financial lines and international programs at Howden, and Miguel Muñoz, attached to the legal advisory management of MAPFRE RE.

 

Rafael Gil Nievas, partner at GNCI Law, moderated the Corporate Working Group table in which they participated Maria Isabel Rodriguez, International Arbitration & Litigation Acciona Corporate Services; Antonio Pipo, partner Cuatrecasas; María José Menéndez, arbitrator, and Paula Patrón, Legal Counsel at PlusPetrol. The speakers have highlighted the main values ​​of arbitration for companies such as speed, quality and legal security, confidentiality, closeness and close contact with the institution, flexibility and different types of processes (ordinary / abbreviated / hyper-abbreviated) that can be adapted to different types of disputes.

 

The II Meeting of the CIAM-CIAR Working Groups has been an event of great relevance for international arbitration in Latin America

 

La table of the Group of the Tourism and Hotel sector has been moderated by Lisette Hernandez, main associate of Garrigues, and has had the participation of Mariana García Fernández de Mesa, General Counsel of Accor; Gabriel Botti, partner of Uría Menéndez, and David Vich, partner of Garrigues. The participants have carried out a detailed analysis of the special clauses for companies in the sector: dispute resolution, specialized personnel and budgets, and have defined the strategic lines in the preparation of the Working Group's budgets for next year.

 

Jesus Casas, partner of Casas & García-Castellanos, has moderated the debate of the Maritime Group in which Jaime Albors, partner of Albors Galiano Portales; Hannah de Bustos, associate at Avante Legal, and Veronica Meana, partner at Aiyon Abogados. The panel has reflected on the convenience of submitting a wide range of matters to CIAM-CIAR and the importance of selecting arbitrators and the particularities of the arbitration clause in a highly specialized sector, such as the maritime sector.

 

The first day concluded with the Construction and Engineering Working Group table, which included Gustavo Paredes, partner of NPG Abogados, as moderator and in which they have participated María SerranoHead of International Disputes at Acciona Construction; Lucía Montes, partner at Cuatrecasas; and Christian Díaz, managing partner at LPA Legal. In this sector, efficiency in dispute resolution is fundamental to maintaining project continuity and avoiding costly delays, according to the experts. Negotiation, dispute boards (a system for mediating conflicts in construction projects), and arbitration are key tools that can be used to resolve conflicts effectively and ensure the smooth progress of construction projects.

 

Second day

 

The second day of the II Meeting of the CIAM-CIAR Working Groups has begun with the Investment and State Arbitration Working Group, where they have participated Guido Carducci, International Tenant and referee 4-5 Gray's Inn Square; Amaia Rivas, partner at Pinsent Masons; Ana María Ordóñez, Of Counsel Eversheds Sutherland, and José Ángel Rueda, partner of Cuatrecasas and moderator of the panel. The table has presented the activity of the Working Group and has analyzed the different scenarios in which a CIAM-CIAR clause could be incorporated. Thus, the speakers have explained the different sensitivities and concerns of States regarding investment arbitrations, as well as the vision of investors, who require a system with guarantees that continues to function. To respond to these competing visions, the panelists have commented on the new initiatives within the CIAM-CIAR Working Group.

 

Next, a panel on the banking sector was held, moderated by Lourdes Cuenca, Santander's procedural legal counsel, with the interventions of Adolfo Fraguas, director of legal services at BBVA Spain; Francisco Uria, partner at KPMG, and Fabio Virzi, partner at Cases & Lacambra. The panelists have indicated that arbitration in the banking sector can become a truly effective tool to resolve disputes more quickly compared to ordinary courts. Furthermore, it was concluded that the possibilities of using arbitration in this sector are broad, since arbitration allows the parties involved to reach agreements in a more flexible way and adapted to their needs. Furthermore, one of the main challenges of arbitration in the banking sector is to guarantee the specialization of arbitrators in financial matters.

 

At the table of the Working Group of Experts, Juan Francisco Nasser, HKA partner and panel moderator; Fabrizio Hernandez, partner Nera Economic Consulting; Juan Jesus Valderas, partner at Álvarez & Marsal; Jose Antonio Garcia, by Principal Brattle; Enrique Canizares, partner at RBB Economics, and Ana Jimenez, partner of Auren. The speakers have approached the figure of the expert from different perspectives, always agreeing that they must be a professional who takes care of their independence, objectivity and transparency. The panelists have also raised various areas of improvement to make arbitration procedures more agile and efficient.

 

Finally, the final panel has been dedicated to Energy Working Group. On this occasion, Miguel Virgos, arbitrator of Virgós Arbitration, has moderated a panel that has addressed different formulas for resolving conflicts in the energy sector. The difficulties that staggered clauses sometimes entail, the different jurisdictional orders, and the importance of the drafting of arbitration clauses, are important challenges that the members of this group have put on the table. In this debate they have participated Maria Gonzalez, Head of Legal EDP Renewables; Heidi Lopez, partner of Uría Menéndez, and Pablo Lopez Garde, Head of Legal at Elecnor.

 

The conclusions of the II Meeting of the Working Groups will serve to improve CIAM-CIAR services and to promote the use of arbitration as a conflict resolution mechanism

 

Closing

 

At the closing, the general secretary, Marta Lalaguna, highlighted that this event has been special because it is an event in which the true users of arbitration have conveyed their vision to us, which has been very enriching for all attendees" as well as the generosity of all the members of the groups of work whose work has incalculable value for CIAM-CIAR and the Ibero-American community and the good atmosphere and Ibero-American effervescence that has been breathed these days.

 

The director of Commerce, Consumption and Services of the Community of Madrid, Martha Grandson, has expressed the commitment of the Community to increasingly strengthen the ties between our region and all Latin American countries, in line with the recent CIAM-CIAR alliance, a Center that for Nieto demonstrates that our Autonomous Community has professionals capable of put aside their differences and are willing to work together for the common benefit.

 

For its part, Guillermo Escribano, general director of Spanish in the World of the Ministry of Foreign Affairs, European Union and Cooperation, highlighted the importance of Spanish in the international legal field, a field where language plays a very important role, there is a growing clamor around the need for Spanish to establish itself in international arenas.

 

Then Enrique Gil Botero, Secretary General of the Conference of Ministers of Justice of the Ibero-American Countries (COMJIB), has stated that in an increasingly globalized world, where commercial transactions and investments transcend borders, legal certainty is essential to attract and maintain foreign investments. International arbitration contributes to consolidating an environment of security and certainty, key to consolidating the economic development of our nations.

 

Lastly, Jose Maria Alonso, president of CIAM-CIAR, has also recognized the good work of the institution's Working Groups saying that: “we have drawn many conclusions from what has been discussed here these days at each table and the Working Groups will continue to delve deeper into it. ”. Likewise, Alonso thanked the commitment of all the speakers and attendees to CIAM-CIAR, a commitment that extends to the entire Ibero-American legal, business and political community, which has assumed this cause as its own and is working to make it a reality.