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Where Are We Heading? A look into International Arbitration in Commercial Transactions in Cuba, Spain and USA

The city of Miami hosted the latest event of the Pérez-Llorca/IE Chair on Commercial Law, which reflected on international arbitration in M&A transactions and the current status of and prospects for relations between Spain, the United States and Cuba from a commercial standpoint.

Félix J. Montero, Litigation and Arbitration Partner at Pérez-Llorca, opened the event and acted as a speaker along with Ivan Delgado, Resident Partner of Pérez-Llorca’s New York office; Pedro A. Freyre, Chair of the International Practice at Akerman LLP; and Marco de Benito, a lecturer at IE Law School. George Volsky, Litigation Partner at Akerman LLP, moderated the final debate.

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Félix J. Montero and Marco de Benito gave a brief overview of the most important legal aspects in international arbitrations related to M&A transactions, the most common types of disputes and their specific characteristics (pre-closing/post-closing), as well as the preventive measures to avoid disputes in this type of transaction or, where possible, to facilitate the resolution of disputes.

Iván Delgado and Pedro A. Freyre reviewed both the current state of relations between Spain and Cuba, and between the United States and Cuba, and the legislation and trade agreements that exist between these three countries. They then analysed some of the most important issues related to undertaking projects in Cuba from the perspective of investors, such as the possibility of investing through a Spanish entity holding foreign securities (Entidad de Tenecia de Valores Extranjeros, ETVE), and the willingness of the Cuban authorities to welcome foreign investment projects.

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After the presentations, George Volsky moderated a lively debate between the speakers and the attendees, which included representatives from the American and Spanish legal and business world.

This is the second Chair that Pérez-Llorca and IE have organized in the United States, following the opening of the firm’s New York office in October 2015. The first Chair event was held in New York City in June 2016 under the title ‘Investment Opportunities in the Spanish Renewable Energy Sector’.