News and Publications

11/29/2009

AIA's In Touch Covers Marcos Peña's Presentation at ICC Conference in Miami

Marcos Peña-Rodriguez was recently highlighted in the December 2009 issue of the Association for International Arbitration's publication, In Touch, for lending his expertise on the new Dominican arbitration law for the International Chamber of Commerce's 7th ICC Annual Miami Conference on International Commercial Arbitration in Latin America, held on November 2, 2009. Marcos provided his insight as a panelist for a seminar entitled: - Report on Current Practices, Legislation and Case Law. -

Marcos communicated to the audience the purposes for and the benefits of the Dominican Republic's new Arbitration Act. Specifically, Marcos mentioned the following as the salient objectives of the new law: promoting domestic and international arbitration within the business community, advancing the involvement of local lawyers in the field, and positioning the Dominican Republic as a neutral and favorable forum for national and eventually international arbitration. Marcos acknowledged that the Act is an adaptation of the UNCITRAL model law as amended in 2006, and he went further to describe the features worth noting of the new Act. Said features include: recognition of the Dominican State's capacity to enter into arbitral proceedings, specifying the process by which the notification of demand for arbitration is to be made in such cases; coverage of the negative and positive approaches of the Komp-tenz-Komp-tenz principle; limitations on the intervention of local courts in an arbitration proceeding; and inclusion of the competent jurisdiction and procedure to be followed for the recognition and enforcement of arbitral awards.

The ICC Annual Miami Conference on International Commercial Arbitration in Latin America is periodically organized as a key forum for discussing hot topics in international commercial arbitration in Latin America. It aims to shed light on the latest developments in the region as ICC gathers some of the world's leading practitioners and scholars to speak at the event. The conference is mainly attended by practicing lawyers, corporate counsel, arbitrators, mediators and academics.

The Association for International Arbitration (AIA) is an organization that advocates for the general use of alternative dispute resolution, particularly arbitration, as a means of dispute resolution. AIA strives to bring together the global community in this field, including legal professionals such as judges, lawyers, arbitrators, and mediators, and those of academia as well like research scholars and students. AIA endeavors to inculcate an interest in ADR and create awareness in it among legal practitioners and budding professionals in law schools and universities around the globe.

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