•  London Court of International Arbitration's YIAG Regional Representatives for Latin America 

May, 2013 - Dr. Alfredo De Jesús O., was reappointed to serve as one of the Regional Representatives for Latin America of the London Court of International Arbitration Young International Arbitration Group (LCIA YIAG). 

Established in 1997, the Young International Arbitration Group (YIAG) is an LCIA sponsored association for practitioners, students and younger members of the arbitration community.

YIAG aims to promote the understanding and use of international arbitration law and practice by providing opportunities for its members to exchange views on topical issues in international commercial arbitration. 

Currently, there are over 5000 members from more than 142 countries. 

For more information: www.lcia.org

 

•  Appointment to the Board of Directors of the French Venezuelan Chamber of Commerce 

May, 2013 - Dr. Alfredo De Jesús O., was appointed to serve as a Member of the Board of Directors of the French Venezuelan Chamber of Commerce, Industry and Agriculture. 

The French Venezuelan Chamber of Commerce is part of a network of 115 French Chambers of Commerce and Industry Abroad and is devoted to promote business relationships between France and Venezuela. 

For more information: www.cciavf.com.ve

 

•  Energy scholars assess Lex Petrolea in University of Houston Law Center discussion 

April, 2013 - Dr. Alfredo De Jesús O., explored the state of Lex Petrolea, the transnational legal order of the petroleum society, in a conference organized in the University of Houston Law Center. 

The conference titled "New Trends in Transnational Petroleum Transactions" was organized by Visiting Assistant Professor Julián Cárdenas García. 

For the complete article: www.law.uh.edum

 

•  The Lex Mercatoria Model (OGEMID) 

April, 2013 - Dr. Alfredo De Jesús O., was invited as a Guest Moderator to OGEMID for the month of April. 

Dr De Jesús O., delivered an insightful talk entitled "Globalization, Arbitration and the Applicable Law to Transnational Petroleum Contracts: the epistemology of the Lex Petrolea" to a large audience of University students and staff.

OGEMID (Oil, Gas, Energy, Mining and Infrastructure Disputes) is the mailing list of the Transnational Dispute Management website, a place to discuss and share of insights and intelligence of relevant issues related to international dispute management. 

For more information: www.trasnational-dispute-management.com

 

•  ICSID Review - Foreign Investment Law Journal 

Dr. Alfredo De Jesús O., was designated as a Member of the Peer Review Board of the ICSID Review- Foreign Investment Law Journal published by ICSID and the Oxford University Press.

The ICSID Review is a specialized periodical devoted exclusively to foreign investment law and international investment dispute settlement. It offers legal and business professionals an up-to-date review of the field and includes articles, case comments, documents, and book reviews on the law and practice relating to foreign investments as well as the procedural and substantive law governing investment dispute resolution.

ICSID Review's website: www.icsidreview.oxfordjournals.org

 

•  Dr. Alfredo De Jesús O., welcomed to the CEPMLP (Centre for Energy, Petroleum and Mineral Law and Policy) 

February, 2012 - As part of the CEPMLP visiting speaker series, Dr. Alfredo De Jesús O., was welcomed to the Centre for Energy, Petroleum and Mineral Law and Policy - CEPMLP of the University of Dundee. 

Dr De Jesús O., delivered an insightful talk entitled "Globalization, Arbitration and the Applicable Law to Transnational Petroleum Contracts: the epistemology of the Lex Petrolea" to a large audience of University students and staff.

The IACL is directed by Dr. Ignacio Torterola and Professor Loukas Mistelis and congregates some of the leading and up-and-coming practitioners and scholars in the area of international investment and commercial arbitration. 

For more information: www.dundee.ac.uk

 

•  Venezuela sees of third 'catch-22' claim

Dr. Alfredo De Jesús O., was interviewed by the Global Arbitration Review in regard to the recent ICSID decision in Brandes Investment Partners vs the Bolivarian Republic of Venezuela.

The Brandes decision is the third ICSID decision to reject the argument that Article 22 of the Venezuelan Investment Law contains a unilateral offer to ICSID jurisdiction. 

In this interview it was noted that the Brandes tribunal reached the same conclusion as the tribunals in Mobil and Cemex but adopted a different approach to the question. 

Read the complete article at: : www.dundee.ac.uk 

For more information: www.internationalarbitrationcaselaw.com

 

•  Roundtable on the Impact of Constitutional Law on International Business Transactions in Latin America 

Dr. Alfredo De Jesús O., chaired a Roundtable in Paris organized by the International Commission of the French Bar Association on The Impact of Constitutional Law on International Business Transactions in Latin America.

The Roundtable included colleagues from Argentina, Brazil, France and Peru and was a good opportunity to discuss about the problem of the constitutionnalisation of the branches of law in France and Latin America, its impact on private business relations and the future of the French and Latin American systems of constitutional justice.

Most Latin American countries have been suffering from a movement towards the constitutionalization of the branches of law that has created great distortions in all aspects of private business relations (contracts, corporate law issues, arbitration, etc). This problem of hyper-constitutionalization of the law is the consequence of the combination of two phenomenons: the inclusion of an endless list of rights in Latin American constitutions and the establishment of an overprotective system of constitutional justice. In practice, the conjunction of these two phenomenons is the source of an important disorder of rights, procedures and jurisdictions. 

During the Roundtable, the Latin American experience with the constitutionalization of private law was confronted from a comparative law perspective with the French system of constitutional justice. In recent months, France adopted a priority preliminary ruling on the issue of constitutionality (QPC), a procedure that allows any person who is involved in legal proceedings before a French court to argue that a statutory provision infringes rights and freedoms guaranteed by the Constitution. 

In 2006 the French-based Association Andrés Bello des juristes franco-latino-américains organized a two day international congress in Bogota, Colombia, to study this phenomenon from a French and Latin American perspective. The papers presented in this congress were published by the Andres Bello Association with the support of the Universidad del Rosario. Dr. De Jesús O., was one of the members of the scientific committee of this international congress. 

For more information about the constitutionalization of private law in France and Latin America click here.

 

•  IV Americas Roundtable: The Importance of the Seat of Arbitration in International Commercial Arbitration 

Dr. Alfredo De Jesús O., chaired a Roundtable in Panama co-organized by the Institute for Transnational Arbitration, the Chamber of Commerce of Panama, the LCIA-YIAG, the ICC-YAF and the ICDR Y&I.

The Roundtable included colleagues from El Salvador, Mexico and Panama and dealt with the controversial question of the role of the seat of the arbitration in international commercial arbitration.

The presentations and debate that followed focused on determining if the seat of arbitration is still an essential element of an international arbitration or if it is just one of more elements that can be taken into consideration by practitioners and arbitrators. 

 

•  Ecuador champing at the BITs 

Dr. Alfredo De Jesús O., was interviewed by the Global Arbitration Review regarding the process of denunciation of BITs engaged by Ecuador and the position of the countries of the Bolivarian Alternative for the Americas "ALBA.

At the time of the interview the Constitutional Court of Ecuador had declared that certain provisions of the BITs with Germany and the UK were in conflict with Ecuador’s 2008 Constitution.

De Jesús said that those decisions confirm that there is “no common agenda” among the member countries of the ALBA regarding the treatment of foreign investors and the recourse to international arbitration. 

“While Ecuador keeps dismantling its BIT network, Bolivia hasn’t taken any further actions to withdraw from its BITs, Cuba renegotiated its 1995 BIT with China in 2007, and in the last two years Venezuela has negotiated and ratified three new treaties with Belarus, Russia and Vietnam”, De Jesús said. 

The complete article is available at: www.globalarbitrationreview.com

 

•  Blow to ExxonMobil in Venezuela claim 

Dr. Alfredo De Jesús O., was interviewed by the Global Arbitration Review in relation with the effects in Venezuela of the ICSID decision on jurisdiction in Mobil Corporation vs the Bolivarian Republic of Venezuela.

The Mobil decision on jurisdiction was the first to establish that Article 22 of the Venezuelan Investment Law does not contain Venezuela’s consent to ICSID jurisdiction.

The reaction of Venezuelan authorities to this decision was indicative of an increasing openness to arbitration. Unlike its allies Ecuador and Bolivia, Venezuela hasn’t withdrawn from the ICSID Convention. 

“Venezuela has ratified three new BITs in the last two years "with Russia, Belarus and Vietnam" and is pursuing an initiative to create a regional arbitration centre in the framework of the Bolivarian Alternative for the Americas (ALBA) or the Union of South American Nations (UNASUR)”, said De Jesús. “This all confirms that Venezuela considers international arbitration as an appropriate option to settle investment disputes. It will be interesting to observe the impact of this trend in other ALBA countries such as Bolivia and Ecuador, which have withdrawn from ICSID and restricted the recourse to international arbitration in their recently enacted constitutions”. 

The complete article is available at: www.globalarbitrationreview.com

 

•  LCIA YIAG announces regional reps 

Dr. Alfredo De Jesús O., was elected as Representative for Latin America (Spanish speaking jurisdictions) of the London Court of International Arbitration Young International Arbitration Group, the LCIA YIAG.

Established in 1997, the Young International Arbitration Group (YIAG) is an LCIA sponsored association for students, practitioners and younger members of the arbitration community.

YIAG aims to promote the understanding and use of international arbitration law and practice by providing opportunities for its members to exchange views on topical issues in international commercial arbitration.

Currently, there are over 3000 members from more than 100 countries.

More information available at: www.lcia.org

 

•  Venezuelan sets up Paris-Caracas boutique (Global Arbitration Review) 

November, 2011 - The launch of Alfredo De Jesús O. │ Transnational Arbitration, Litigation and Business Law was featured on the Global Arbitration Review. 

For the full article: Venezuelan sets up Paris-Caracas boutique