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Saturday 7 October (0000 - 0000)

Anti-Corruption Committee (Lead)

Programme details

The IBA Anti-Corruption Committee will be available to discuss committee initiatives and ongoing projects with committee members or anyone attending the conference who would be interested in learning more about the IBA Anti-Corruption Committee.

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Sunday 8 October (1630 - 1715)

Sunday 8 October (1715 - 1845)

Sunday 8 October (1945 - 2245)

Monday 9 October (0745 - 0915)

Monday 9 October (0800 - 0930)

Section on Public and Professional Interest (Lead)
Pro Bono Committee
Young Lawyers' Committee

Monday 9 October (0930 - 1230)

Intellectual Property, Communications and Technology Section (Lead)
Art, Cultural Institutions and Heritage Law Committee
Communications Law Committee
Intellectual Property and Entertainment Law Committee
Media Law Committee
Space Law Committee
Technology Law Committee

Programme details

This always very dynamic and well-attended session enables you to select from a menu of hot topics in the Intellectual Property (IP), communications, media and technology sectors, and participate in roundtable discussions. The format is interactive networking. Topics are selected to be of current interest and likely to stimulate a lively debate. Moderators on each table introduce the table topic and the participants do the rest. Background knowledge or experience within areas for discussion is not required. You will have the opportunity to discuss four topics: at scheduled turnover times the participants move around the tables to the next topic of their choosing. Our menu will include hot and 'late breaking' topics in the areas of intellectual property law, internet law and mobile technologies, technology contracting and dispute resolution, arts law and space law. Discussion is usually around the interface of law, business and technology, with a global focus. Many topics for discussion are often the subject of considerable public and media interest, and this will be the case again. In participating in the table topics, you will gain a greater insight into these areas and be able to add your own comments. In addition, a 'degustation' breakfast buffet will be hosted in the room so that no time is wasted for those who want to boost their energy levels prior to or during the session. The session will provide you with a great opportunity to meet many other lawyers to discuss topics of mutual interest with them: don't forget your business cards. We welcome new participants in these discussions. We will also be soliciting your views about your areas of interest and other suggestions to enable the Section to programme future activities accordingly. The following topics will be discussed during the session, with the help of the respective moderators identified for each topic: Table 1 a) Disavowing authorship: in March 2017, artist Richard Prince returned the money paid by Ivanka Trump for her portrait as a political protest against the Trump administration. Can an artist legally repudiate his authorship of a work of art? Does the collector have any legal recourse against a decision that can potentially destroy the economic value of an artistic asset? b) Public art ownership and market value: a recent judgment in Italy held that the damage that has occurred to a sculpture owned by a municipal museum while it was being exhibited abroad could not be assessed with reference to market value standards (ie, international auction prices of similar works of the artist) because art owned by a public entity is unsaleable in Italy. How does the law work in countries where deaccessioning is permitted? How does (or should) private versus public ownership affect the liquidation of damages by courts? Should the private versus public nature of the owner of an artwork be taken into account by insurance companies in assessing the risk associated with insurance coverage? Table 2 a) Recently made and planned domestic space legislation b) Space 2.0: comparison of startup environments in jurisdictions worldwide Table 3 Time to take off the gloves: website blocking to stop the misuse of IP rights Table 4 Sights and sounds and shapes and smells, these are a few of my favourite things: the benefits and challenges associated with non traditional trade marks Table 5 The UPC: where are we now? Table 6 To 3D or not to 3D: what does 3D printing mean for intellectual property? Table 7 Biosimilars: how similar is similar enough? From cures to cancer to alleviating arthritic pain, biologics are at the frontier of new medicine. But as with all next generation technologies, biologics present a number of patent and other IP challenges for both the biologic developers and those wishing to bring similar products to the market. Table 8 a) Image rights/data privacy claims: data privacy and image rights claims are on the rise around the world (particularly in the EU/UK). We’ll discuss various facets of the topic. b) Libel suits and social media: with the recent Jack Monroe/Katie Hopkins libel judgment in the UK (finding Katie Hopkins liable for politically tinged tweets that, in the US at least, would surely have been deemed non-actionable hyperbole), it seems like a good time to discuss how social media is changing the rules of the road when it comes to the free speech/reputation balance. Table 9 Blockchain: the chain unravelled Table 10 Government access to information technology (IT) systems Table 11 Robotics and artificial intelligence (AI): outsmarted by machines Table 12 Ownership in data Table 13 Hacks, leaks and liabilities: from distributed denial-of-service (DDOS) to the internet of things (IoT) and plenty in between, who is liable when data leaks? Table 14 Smart cities Table 15 Digital platforms: rise and fall

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Monday 9 October (0930 - 1230)

Insolvency Section (Lead)
Maritime and Transport Law Committee (Lead)
Legislation and Policy Subcommittee

Programme details

The Hanjin collapse at the end of August 2016 left 147 vessels stranded around the world, unable to enter port. Hanjin was the latest in a series of high-profile shipping insolvencies, with OW Bunker in November 2014 and Copenship, STX and Swiber in between. Meanwhile, we are seeing high levels of consolidation activity as the shipping industry seeks to restructure businesses and financing. We will look at the immediate problems arising for stakeholders when a shipping business announces that it will not be paying the bills, including threat of arrest and refusal of access to vessels. How are debtors and creditors best advised? How can charters be terminated and cargo returned or compensated for, and to what extent will insurance respond? How is business affected when the original financiers sell their non performing loans to investors? We will explore the cross-border insolvency issues and application of the United Nations Commission on International Trade Law (UNCITRAL) Model Law to seek to achieve ‘modified universalism’, and we will hear about Hanjin's recognition process in Australia and cover other jurisdictions such as Singapore, South Korea, Malaysia and the US.

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Session/Workshop Chair(s)

Monday 9 October (0930 - 1230)

Programme details

Pro bono continues to develop and has become increasingly complex, sophisticated and diverse. In this session panellists will discuss different approaches to pro bono around the world and best practice nationally and internationally. Topics considered include: how to develop a strong pro bono culture supported by management; the importance of creating internal pro bono infrastructure; the role of pro bono communications; how pro bono work is treated within firms; the advantages of pro bono targets and measurement; the importance of creating deep and trusting relationships with community partners; and the need to empower local leaders.

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Monday 9 October (0930 - 1230)

Financial Services Section (Lead)
Asset Management and Investment Funds Committee
Banking Law Committee
Capital Markets Forum
Insurance Committee
Securities Law Committee

Programme details

In June 2016, the people of the United Kingdom voted in a referendum to exit the European Union. It is not clear what form the exit will take, whether there will be what is known as a hard Brexit or what is known as a soft Brexit. Either way, it is not clear what will happen to the financial services industry. Will London-based financial institutions need to move to another European jurisdiction to continue to serve EU customers? Will the EU passporting regime continue to apply? Will the EU recognise the equivalence of UK financial regulation? Will euro clearing be moved to the eurozone? Which financial centres will gain the most from Brexit? Dublin and Frankfurt or New York and Singapore? This panel will examine these questions and others that continue to come every day.

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Monday 9 October (0930 - 1045)

Antitrust Section (Lead)
Antitrust Section (Lead)
International Trade and Customs Law Committee

Programme details

Even though some recent developments, such as the Trump presidency in the US, have challenged the way trade policies will develop around the world, regional and bilateral trade agreements have been on the rise globally in the past few years and have included competition almost as a mandatory feature. This panel will explore the different approaches and levels of ambition of competition clauses adopted by recent trade agreements and discuss their effectiveness, trends and practical implications for competition and trade law practitioners.

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Monday 9 October (0930 - 1230)

Dispute Resolution Section (Lead)
Arbitration Committee
Class Actions Committee
Litigation Committee
Mediation Committee
Negligence and Damages Committee

Programme details

‘I’m an alien, I’m a legal alien, I’m an Englishman in New York…’ Sting’s famous song captures the surface of what must be regarded as an iceberg. Separated by the same language, even citizens from the US and UK feel like and are strangers when solving their disputes in the foreign venue. As the cultural differences increase, the challenges for international dispute resolution lawyers grow. Religion, gender and geographic background are just a few examples of the massive differences that dispute resolution lawyers are facing when dealing with their clients and opponents, some might be conspicuous and some might be so implicit that only insiders may observe them. Those differences may impose – implicitly or visibly – tremendous hurdles and need to be taken into account when trying to resolve a matter effectively and successfully. Dispute resolution lawyers, judges, arbitrators, mediators and enforcement mechanisms implicating multiple countries find complications from: • national and international politics; • real culture (including the role of women); • national interests and security issues, particularly in cybersecurity; • investment adventurism; • judicial philosophy; • selection of judges; • mass, inconsistent psychology of peoples; • involvement of ‘rogue’ regimes (Russia ‘expelling’ Apple; North Korea arresting ‘spies’); • changes in one or more political underpinnings (eg, Brexit, Philippines’ ‘divorce’ from the US, Russia’s appetite for expansion, China’s relationship with Hong Kong and the Arab spring, fall and winter); and • corruption inconsistently applied. The panel assembled for this workshop represents senior, experienced practitioners, cutting-edge academics and forward-thinking internationalists and protectionists. They promise to bring an array of views, cultures, biases, successes, failures and forecasts to the workshop, with the goal of sharpening our awareness of cultural clashes and making practitioners around the world more adept at coping with the challenges arising out of handling cross-border disputes.

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Monday 9 October (0930 - 1230)

Programme details

The War Crimes Committee will review states’ use of organisations such as the police to kill members of groups deemed to be antisocial to the interests of society: drug dealers; political opponents; criminal gangs; and business rivals. In states where this is alleged to be happening, the Committee will establish if there are grounds to regard such attacks as being widespread and systemic, and thereby crimes against humanity.

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Monday 9 October (0930 - 1230)

Human Resources Section (Lead)
Diversity and Equality Law Committee
Employment and Industrial Relations Law Committee
IBA Global Employment Institute
Immigration and Nationality Law Committee

Programme details

The session will report on the findings of the draft of the (First) Global Mobility Report through surveys with multinationals and international counsel engaged in the field of international mobility. The report is led by a working group on behalf of the Global Employment Institute (GEI), in coordination with all the committees of the Human Resources (HR) section. The report shall cover all the legal aspects related to moving personnel across the globe, and shall not be limited to corporate immigration law aspects, but also include related aspects of other areas of law, such as employment law, social security law and taxation law. As the report is to be launched by the GEI, the focus of the report shall be HR-driven. Global intra-corporate mobility is an essential part of global workforce mobility as a result of corporates expanding further afield, and more challenging and restrictive legislative policy being implemented by governments, as well as mobility becoming a board-level issue. Further, we have seen increasing numbers of global multinationals of all sizes, from many countries – including developing countries – and from all economic sectors. The report shall facilitate the processing of such transfers for companies facing the issue. After the presentation of the findings, there will be an opportunity for a discussion on the report and the issues covered (or those not sufficiently covered yet or left out) in order to finalise the draft report later in 2017 or early 2018.

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Monday 9 October (0930 - 1230)

International Commerce, Trade, Franchising and Product Law Section (Lead)
International Commerce and Distribution Committee
International Franchising Committee
Product Law and Advertising Committee

Programme details

Our hot topics session is designed to be interactive – it is the opposite of a ‘talking heads’ format! We host a series of tables where we discuss with you ‘late breaking’ topics in the areas of international sales, franchising and product law. The format is interactive and topics are selected to be of current interest, and likely to stimulate discussion and debate. Moderators on each table introduce and briefly discuss the table topic, and then the participants weigh in with their views. You will have the opportunity to discuss three topics. We have scheduled turnover times when the participants change tables to move to the next topic of their choice. By participating in the table discussions, you will gain a greater insight into these areas and the other participants and table moderators will benefit from your comments. The session will provide you with a great opportunity to meet many other lawyers and discuss topics of mutual interest with them. Many times at our table discussion, participants meet lawyers from other countries who they keep in touch with for years to come. Each year, our table moderators comment that they learned as much or more from the table participants as they themselves conveyed! Table 1. Cryptolock, ransomware, bitcoin, the new reality; impact to franchise systems Table 2. Selecting the appropriate vehicle for international franchising (master franchising, area development, area representatives, joint venture, direct licensing) and issues to consider such as IP, due diligence etc. Table 3. Consequences for breaching franchise legislation (new legislation in Australia and other countries) Table 4. Struggling franchisees and sales partners Table 5. How supply chains promote diversity Table 6. Terms and conditions of purchase and sale: the clauses that matter in international sales Table 7. The increasing importance of choosing the right venue for dispute resolution in international sales Table 8. Out of store, out of mind? - a SWOT analysis of a consumer products manufacturer's after sales services and obligations We look forward to welcoming you to our ‘hot topic’ session in Sydney.

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Monday 9 October (0930 - 1230)

European Regional Forum (Lead)
Asia Pacific Regional Forum

Programme details

Chinese outbound foreign direct investment (FDI) into Europe jumped to almost €35bn in 2016. This stands in stark contrast with a further drop in investment by European firms in China. The growing imbalance in two-way FDI flows, persisting asymmetries in market access, and increased Chinese acquisitions of advanced technology and infrastructure assets have spurred a heated debate about related risks among European policy-makers, regulators and the broader public. The rapid growth of this investment activity by Chinese companies and the increasing capital outflows have also triggered a retightening of administrative controls by the Chinese authorities. It is in this context that the session will look at the issue from both a Chinese and European perspective. What are the current challenges facing Chinese investors in obtaining the necessary approvals and financing in China? How will the pace of outbound investment be affected by the decisions coming out of the 19th National Congress of the Communist Party of China (taking place immediately prior to the IBA Annual Conference)? How do Chinese investors approach a potential new investment into Europe and what are the principal challenges (both regulatory and cultural) for both European targets and Chinese investors in implementing these transactions? Can more effective structures be developed to enable two-way investment between Europe and China to flourish? The session is split into two parts: Part 1 (0930 to 1045) will look at the issues from a Chinese perspective and Part 2 (1115 to 1230) will look at the issues from a European perspective.

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Session/Workshop Chair(s)

Monday 9 October (0930 - 1045)

Alternative and New Law Business Structures Committee (Lead)
Professional Ethics Committee

Programme details

As global firms continue to consolidate and merge, considerations of territoriality become more challenging. What is considered allowable transient practice in one jurisdiction may be unauthorised practise of law in other jurisdictions. The ability of law firms to maintain legally distinct affiliates while projecting a ‘one-stop shop’ is under challenge. At the same time, affiliations and the use of partners outside the home jurisdiction may trigger claims of unauthorised practice that can affect the ability to collect fees, as well as issues of attorney-client privilege. Have traditional concepts of what is and is not the practise of law been eroded? This session surveys the field of how alternative business structures and contemporary means of delivery of legal services and whether 20th century notions of unauthorised practise of law can survive the emergence of new and varied legal structures and mechanisms.

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Monday 9 October (0930 - 1230)

Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Law Committee (Lead)

Programme details

Why have so many members of the present and former British Commonwealth refused to decriminalise sodomy laws, criminalising private same-sex behaviour, and sanctioning state and private violence against such persons. Does this failure and the violence that therefore occurs amount to a crime against humanity in the making? Are such laws now acceptable in the modern world?

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Monday 9 October (0930 - 1045)

Law Firm Management Committee (Lead)
Academic and Professional Development Committee

Programme details

The session will present the preliminary results of research on who – technology firms, law firms, the Big Four multidisciplinary firms, universities, startups and disrupters – is teaming up with whom and on what basis – exclusive, non-exclusive, global, selective. In short, how are the various ‘movers and shakers’ positioning themselves in the legal ecosystem. The session will include presentations from leading academics who are keeping a close eye on and tracking the legal ecosystem, concentrating on the Big Four multidisciplinary firms and the largest and most innovative law firms. It will address how the new and evolving legal ecosystem will affect legal education and the way it is delivered, as well as subsequent professional development. The session will also include a discussion of how this new and evolving legal ecosystem is affecting and will affect law firm management, and what new structures are most suitable for the delivery of legal services and to whom, and how practical such structures are given different legal and ethical systems.

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Session/Workshop Chair(s)

Monday 9 October (0930 - 1230)

Regulation of Lawyers' Compliance Committee (Lead)
Cybercrime Subcommittee

Programme details

This session will seek to explore the interrelated issues that are necessary to prepare for, respond to, manage and recover from concerning cybersecurity and privacy-related risks. Law firms are increasingly becoming the targets for sophisticated and opportunistic criminals looking to obtain access to client funds, confidential client and/or personal information – either for immediate financial gain or potential ransom or extortion demands, or to perpetrate identity or social engineering frauds. This session will identify the components of a strategic approach to identifying, managing/responding and mitigating cybersecurity and privacy risks, specifically: how to look at your organisational approach; identifying and containing the issue through forensic information technology expertise; how to manage communications with clients; what reports to relevant regulators are required; potential reputation damage and necessary remediation and/or mandatory corrective communications or monitoring; and how to ensure you are properly insured,managing your insurers and maximising what is recoverable.

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