Conference programme

Trade considerations in the nearshoring and friendshoring of supply chains

In-depth discussion of the FTX Insolvency. Creditor’s rights and asset tracing issues. The panel will consist of professionals with first-hand knowledge about this restructuring.

There are as many ways of dealing with conflict as there are forms of conflict. Some choose to litigate as a means of resolving a conflict, others deal with conflict by taking up arms. Can you and should you seek to pursue commercial relationships and negotiate with an adversary? During, and even after, armed conflicts end trust is eroded and motives are questioned. Should parties engaged in commercial ventures try to negotiate in this dynamic, can mediation provide any answers? And what role does culture play in understanding these issues?

The trade and investment activities between China and the Americas, especially the Latin Americas, have experienced obvious changes in the past two years following COVID-19. Along with the ongoing tensions between China and the United States, China has been keeping its investments in and expanding its trade with the Latin Americas. Investments in natural resources in the region and trade with agricultural and mineral goods have lasted for years and continue to grow. However, all these activities have been affected by global factors such as the climate crisis, nationalism, and world economic decline among others. 

Can the economic relationship between the Americas and China continue to retain their strength or have they been weakened?

Is there a basic rule underlying all laws and regulations of trade and investment which can help in shaping a harmonious relationship between human beings and nature as well as between countries? Just like the Chinese old textbook, Dao De Jing quotes: “Dao models itself after nature”. It may be the answer to the question. 

This session will provide a broader picture from a global perspective on the new trends of China’s outbound investment into the Americas and recent development in law and regulations in trade, FDI and antitrust, trying to provide a vivid vision to the audience which goes beyond the specific legal issues in specialised legal areas. 

The discussion will focus on changes to China’s investment in the Americas, the challenges that Chinese investors face in the local community and the reasons behind such changes and development. In addition, recent cases will be studied during the discussion. 

Through a review of recent investment activities and case studies, the session will bring a new perspective on the future of China investment into the Americas to the audience. 

The experts from China and the Americas will be invited to participate in the discussion. 

The panel will analyse causes and consequences of recent banks and crypto-currency exchanges failures.

Women law firm leaders from around the globe will discuss their road to leadership, successes, failures and effective ways that lawyers and law firms can create pathways to management and rainmaking.
 

The session will explore corporate and project finance in Latin America and the Global South through a lens of environmental, social and governance (ESG) legal frameworks that mitigate risk while creating a positive global impact within corporate value chains. We will discuss how to best guide our clients in being profitable while staying on the side of the law, reporting authentically and doing some good in the world.

The session will review and give insights on how and where to structure wealth, taking into account the specificities and objectives of Latin American families.

The session focuses on the holistic view of the supply chain of ‘green’ products, in particular energy, but also mechanical, chemical and electronical products.

It will be addressed how, and to what extent, certain model clauses in contracts in the supply chain can provide protection against liability risks.

It will be further discussed how current risk of environmental litigation can be mitigated.

Small and medium-sized firms require strong and capable leadership to succeed. Very often the managing or senior partner will have a disproportionately large effect on culture, direction and performance in a smaller firm. These are issues that are now more important than ever. Leaders have distinct challenges in smaller firms. Very often they will be required to maintain or develop a client practice. They often do not have as much time to devote to management as they wish or should. They will be required to maintain, manage and coordinate the client practice. They also then need to manage and lead the firm, dealing with issues such as development of lawyers, firm culture and performance, business development and so on. This session will allow law firm leaders to reflect on panellists’ practical experiences, considering what skills and attributes are required to lead the smaller law firm as well as how to develop them.

This session should be practically helpful for all current and future law firm leaders in small and medium law firms. It should also be of assistance to those considering starting their own law firm.
 

Every year, millions of hours of legal and professional services are donated to serve indigent clients. Measuring the impact of these hours may result in better data around client impact trends, provide better value to pro bono stakeholders by assisting law firms in better understanding and tailoring the resourcing of their programmes – and it may add value to the broader access to justice ecosystem.

This panel will discuss the challenges mining companies face around the world as a consequence of increasing political instability and competing strategic interests among different jurisdictions worldwide.

One of the core pillars of democracy and the rule of law is the separation of powers. Around the world, one branch – the judiciary – is under increased pressure. While the independence of the judiciary has been a long-understood concept, perhaps less attention has been paid to the independence of the legislature. As executive branches around the world increasingly need to act quickly, and look to justify actions under law, the tension between who makes the law, who has what mandate to act and who provides the check on legality becomes more urgent. This panel discusses this issue in the context of the role of lawyers and bar associations.

In today’s globalised world, businesses and legal professionals often find themselves navigating complex legal landscapes across multiple jurisdictions. Join us for an illuminating session that delves into the nuances and strategies of presenting effective pitches in diverse legal environments. Whether you’re an international law practitioner, a global business leader or a legal enthusiast, this discussion is a must-attend event.

The plight of children and unaccompanied minors in refugee movements remains one of the greatest concerns of the contemporary period. This panel will review the refugee landscape in 2024, with a focus on the treatment of children and unaccompanied minors.

In recent years, global mergers and acquisitions (M&A) transactions have faced an increased set of regulatory challenges. Mandatory merger control approvals are proliferating and remain divergent, both in terms of their review processes and appetite for remedies in complex cases. At the same time, the rise in foreign investment review systems around the world, as national interest comes to the fore in an era of de-globalisation, adds to the regulatory burden of cross-border deal making. As the EU’s Foreign Subsidies Regulation beds down, the impact of this new regime needs to be included in the mix. This panel will discuss these regulatory challenges to global M&A deals and explore solutions for navigating the complexity.

Delivering legal advice across multiple jurisdictions is increasingly challenging due to the substantial number of divergent regulations applicable to the legal profession across the African continent and the globe in general. As clients become more global and require more integrated, cross-border service, some challenges and tensions develop because of the profession’s framework of qualification and governance organised by jurisdiction. National bar associations, law societies and the IBA should focus on whether and how ethical, training and practice standards need to be adapted to the current practice of law, both within their jurisdictions in Africa and globally. There is the need to for jurisdictions to cooperate more closely to ensure that ethical, training and practice standards are reasonable, harmonised or mutually recognised for the purposes of regulation and enforcement.

•    What is the current state of cross-border legal practice in Africa and is it ideal in light of the internationalisation of legal practice across Africa and the world?
•    With regional integration becoming a reality on the continent, how can these existing regulatory barriers be removed or harmonised to facilitate cross-border legal practice in the region?
•    Are there any existing models of regulation that facilitate cross-border legal practice in other regions of the world.
•    What is the way forward for the regulation and/or facilitation of cross-border legal practice in Africa and the world in the light of regional integration and the internationalisation of legal practice?
 

Wellbeing in the legal profession is being challenged by a growing tension between those who prefer to work remotely and those who are seeking to restore in-office presence. The advantage of remote practice eliminates time lost in commute for many, as well as providing a certain flexibility in the work-life balance. On the other hand, the give and take, as well as mentoring, among lawyers and the sense of working within a team is missed by others. Of concern is the growing research and publicity about alienation in society as a whole. Those working in the legal profession around the world are already challenged by factors unique to the practice of law, this concern of the impact of remoteness is not limited to them. However, as part of the overall mix, the question is whether remote working it is taking a toll on wellbeing and what can be done about it. The panel will discuss this increasingly public phenomenon in connection with the overall work of the IBA Wellbeing Commission and provide expert speakers in an interactive forum that encourages audience participation.

This panel will involve a discussion around the pros and cons of using a variety of alternative dispute resolution mechanisms as opposed to court proceedings for addressing intellectual property (IP) disputes, in particular patents, copyright and trademark infringements.

Recently, there has been an increase in cases related to damages incurred in underdeveloped countries that are being brought before European or US courts. A significant number of these cases rely on litigation funding. While litigation funding is allowed in many jurisdictions, it does carry certain risks and ethical concerns, particularly in the context of transnational damages claims. The purpose of this panel is to explore the potential and boundaries (if any) of litigation funding in transnational claims for damages compensation.