Carlos Concepcion

I have established “Concepción Disputes” with the objective of serving as an independent arbitrator, and an advocate and counselor for select clients. As an arbitrator, I will continue to focus on institutional proceedings involving international and domestic commercial disputes, and investment-treaty matters administered by ICSID. As an advocate, I will continue to represent select clients on certain international business disputes, and parties in investor-state international treaty cases. In my advocate role, I will often collaborate with other professionals and attorneys with whom I have previously worked for many years. I have 35 years of experience in international disputes, especially in the intersection between common and civil law jurisdictions. Part of this experience includes serving in leadership roles in some of the largest firms in the world and establishing and managing a boutique international disputes law firm in Miami, Florida.

Work History

Jones Day, Partner Global Disputes Shook Hardy & Bacon, Chair International Arbitration Practice Group Concepcion Disputes, Managing Partner

Cases

The following are a sample of the matters that I have handled: • Counsel for a U.S. Construction company in a ICSID dispute involving the violation of various investment treaties between Panama and the United States • Arbitrator in a ICSID matter between an investor from Venezuela and Respondent Costa Rica. • Sole Arbitrator in a ICDR dispute among investors in a Hotel and Casino in the Dominican Republic. • Sole arbitrator in a ICDR case involving a software licensing dispute between a distributor in Costa Rica and U.S. company • Arbitrator in a CPR case involving allegations of financial statement fraud in a dispute between a major accounting firm and bankruptcy trustee • Sole Arbitrator in a CPR dispute between an international law firm and its former European client. • Sole Arbitrator in a ICDR dispute between Puerto Rico companies regarding media and publishing services. • Arbitrator in a ICC dispute between telecommunication companies in Spain and El Salvador. • Counsel for a German manufacturing company in a ICC arbitration relating to a claim filed by a distributor in Massachusetts alleging various breaches of a distribution agreement. • Counsel in a UNCITRAL multi-treaty multi-party matter (administered by ICSID) for six Claimants from Portugal, Argentina, and Canada who were investors in several Hotels seized by local authorities in Mexico. • Counsel for Amici in a US Supreme Court case in which SCOTUS considered whether the common law doctrine of Equitable Estoppel is available to “non-signatories” of an international arbitration agreement who seek to compel arbitration under the New York Convention and Chapter 2 of the Federal Arbitration Act. • Counsel for Claimant in a ICC shareholder dispute in Bogota regarding a pharmaceutical company and related Award confirmation proceedings in the Southern District of Florida. • Counsel for petitioner in a ICC dispute between the two controlling shareholders of a multilevel vitamin and herbal supplement company doing business in Mexico and the United States. • Counsel for Petitioner in a Discovery dispute under 28 USC 1782 relating to the investment in a joint stock company registered under the laws of Russia. • Counsel for Amici in a Florida Supreme Court case in which the Court considered whether an arbitration clause must expressly say that the arbitrators have the power to determine arbitrability or whether it is enough to incorporate the AAA rules into the clause. • Counsel for Respondent in a ICC dispute between a UK company and a Florida company related to media and entertainment services. • Counsel for Respondent in a ICC case regarding a dispute between a Florida distributor and a Beijing manufacturer of die-cast products. • Counsel for Petitioner in a ICDR dispute involving the financing of durable medical equipment products in Latin America. • Counsel for a group of Canadian developers and investors in timeshare resorts in the Dominican Republic. • Counsel for a Special Litigation Committee of the Board of Directors of a Puerto Rico Bank in a derivative action in the District Court for Puerto Rico with related proceedings in the Southern District of Florida. • Counsel for a Central American government agency in the investigation of claims arising from the sale and settlement of various viatical insurance policies. • Counsel for an educational institution in a breach of contract action against the State of Florida that arose out of the institution’s purchase of a building adjacent to its Miami campus. • Counsel, in many cases, for the Professional Liability Unit of the Federal Deposit Insurance Corporation (FDIC) in the investigation and subsequent litigation against various officers, directors and outside accounting firms in connection with the failure of many savings and loans and national banks. All proceedings were in various U.S. District Courts pursuant to the FDIC’s receivership powers under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA).

License(s)

Florida and Texas

Education

• J.D., with high honors, University of Florida • Order of the Coif • B.A., magna cum laude, Florida State University • Phi Beta Kappa

Publications

• Airbnb v Doe: The Florida Supreme Court Takes on Arbitrability, CLE Program, Miami International Arbitration Society, September 29, 2021; https://www.mias.org/post/airbnb-v-doe-the-florida-supreme-court-takes-on-arbitrability-in-florida • “Miami Lawyer Wades into Supreme Court Head-Scratcher Over International Arbitration\", Daily Business Review, Law.com August 2019. • “Creating Leverage: How Technology Companies Can Use Investment Treaties to Mitigate Regulatory Risk,” March 2022; International Institute for Conflict Prevention and Resolution (CPR). • “Miami Group Says Airbnb Ruling May Hurt Arbitration In Florida.” Law 360, May 2021; • International Arbitration Skills Masterclass, Instructor; International Law Section, American Bar Association, May 5-6, 2021. • Latin Lawyer - GAR Live 3rd Annual Arbitration Summit; Presenter on Construction and Infrastructure Disputes, April 2019. • The GAR Live Inquisition, 7th Annual GAR, Presenter New York City, September 2018. • FDCC European Regional Meeting, London; Cross Border EU/US Challenges, Approaches & Resolution Strategies, April 10, 2018. • ABA International Law Fall Conference, Miami, Florida, October 2017; Speaker; Defenses to Award Confirmation under New York Convention. • ICC/CEA - Civil and Common Law traditions in International Arbitration, Bogotá, Colombia, August 2018. • “Expedited Arbitration Popularity to Grow, With Some Caveats”, Law360, September 26, 2019. • “GE Case Asks High Court to Clarify Int\"l Business Uncertainty”, Law360, July 3, 2019. • ICC Annual Bogotá; Presenter on Damages models in international construction arbitration, Bogotá, Colombia, March and 2018. • CPR Annual Meeting- Presenter on International Arbitration in the Caribbean, Miami, Florida, March 2018. • ICDR Conference; Presenter; “Domestication of foreign arbitral awards”, New York City, January 19, 2018. • Third-Party Funding: \"Un mecanismo en crecimiento en Latinoamérica”? LexLatin, April 26, 2018. • Conversatorio de la Institutionalidad y Justicia, con Servio Tulio Castaños, vicepresidente ejecutivo FINJUS, January 22, 2016. • Combating Corruption and Fraud from an International Arbitration Perspective (Arbitraje: Revista de Arbitraje Comercial y de Inversiones), ISSN 1888-5373, Vol. 9, No. 2, at 369. • “Attorneys Prepare to File Lawsuits on Behalf of Cuban-Americans Whose Property Was Confiscated by Castro”, Daily Business Review, March 6, 2019. • “International Arbitration: The ADR Technique of Choice by International Business” FDCC Annual Meeting, 2019. • Universidad del Pacifico, Lima Peru; Adjunct instructor on International Arbitration courses; 2020, 2021. • World of Arbitration and Mediation in Latin America and the Caribbean; Speaker at Inaugural Event, 2020. • GAR Live 3rd Annual Arbitration Summit 2020; Moderator of panel on damages in construction arbitration. • ICC 3rd Annual Peruvian Arbitration Days; Speaker on enforcing “foreign” arbitral awards. • FDI Moot Competition; Global Rounds, Miami 2019.

Awards

Board Certified in International Arbitration and Litigation Fellow, Chartered Institute of Arbitrators Fellow, College of Commercial Arbitrators. Chambers USA and International Best Lawyers in America

Panels

* ICDR * CPR * International Chamber of Commerce; USCIB Arbitrator * AmCham Peru International Arbitration Center (Member of the Court) * BVI International Arbitration Center; Panel of Arbitrators *Jamaica International Arbitration Center; Panel Member

Associations

• Board of Trustees; University of Florida Law School Alumni Association • Federalist Society; Federalism & Separation of Powers Practice Group • Cato Institute; The Volunteer Society • Miami International Arbitration Society, Chair 2019, Current Board Member

Miscellaneous

• Spanish; native fluency, written and verbal.