Cross-border and remote work has significantly increased in the post-Covid19 world. Protecting confidential information and enforcing restrictions not to compete, now have a number of challenges, when employees are not bound by a specific territory and can work from anywhere (WFA), thanks to the digital age. Drafting of non-disclosure agreements and restrictive covenants will now need to reflect the new WFA scenario. This session will cover how best to protect the interests of the company in this digital context. 

Measures to combat climate change such as new forms of renewable energy production, energy storage and technologies for mobility has created a significant need for new types of minerals and new ways of utilising existing old ones.

In 2020, the independent advisory body to the Media Freedom Coalition, the High Level Panel of Legal Experts on Media Freedom, published an advisory report ‘A Pressing Concern: Protecting and Promoting Press Freedom by Strengthening Consular Support to Journalists at Risk’ examining the existing State approaches respecting consular assistance for journalists at risk abroad, and proposes a new paradigm of justice and accountability.

Every day, journalists and media personnel around the world fall victim to arbitrary detention, violence or intimidation on account of their work. These attacks resonate beyond their individual cases, being not only attacks on free expression, but also exponential assaults that silence the subjects of the reporting and deprive the public of their stories. By threatening and targeting journalists, States seek to send a dissuasive message, suppressing those who would report on their wrongdoings. According to Reporters Without Borders, as of 2022, over 500 journalists are arbitrarily detained worldwide. This is the highest number of journalists detained in connection with their work that they have ever recorded.

This event, organised by the International Bar Association’s Human Rights Institute who act as Secretariat to the High Level Panel, will feature members of the High Level Panel and guest speakers in conversation on the role of international law in finding concerted approaches to address this mounting issue.

The discussion will evaluate the latest trends in aviation litigation emerged with regard to insurance issues, the matter of jurisdiction and the developments occurred with regard to major casualties, including the Boeing 737 Max litigation and the interpretation of preemption clauses.

Beyond and before the documentation a panel of international experts discuss fundamental issues around pre-planning for structuring and restructuring. We also look at the differences between emerging and established jurisdictions and in the spirit of healthy competition see if we can find the ultimate champion jurisdiction. Can we still trust in trusts? Take a ringside seat for some heavyweight competition…

This session will explore the challenges posed to independent law firms by the recent disruptions caused by global trade wars, rising nationalism and public-health risks among others.  Representatives of independent law firms from around the world will discuss their approach to meeting the cross-border needs of their clients as they seek out opportunities in rapidly changing markets.

The roundtables discussions cover topics of imminent importance often influenced by the submitted National Reports, by measures of legislation, the OECD or other international bodies, and aim at involving the audience in a particularly personal manner. Our session will look at the following key topics:

• Legislative and court developments in relation to GAARs and abusive transactions
• Structuring investments in Fintechs and start-ups: the common structures for entry of the investments and exit via PPMs or IPOs
• ESG “T” – the role of taxes in sustainable businesses. Approach of MNEs towards sustainable tax structures, pressures from society and governmental authorities, tax policy measures; use of taxes to balance gender diversity issues (pink taxes)
• Tax liligation: increasing trend to tax litigation and alternative dispute resolution mechanisms, such as tax arbitration and mediation
• Domestic characterisation and reporting/disclosure for crypto and digital assets

An open meeting of the Senior Lawyers' Committee held to discuss matters of interest and future activities.

HumanRightsSome countries are starting to allow immigration decisions to be made by machines programmed to apply to law to specific fact situations. That includes immigration law. Is this a violation of a person’s human rights? Or a way to produce better decisions and reduce the biases and inefficiencies that make life tougher for immigrants in many jurisdictions? This panel will explore how different countries are approaching AI and immigration law and look at the advantages and disadvantages associated with making immigration decisions with an algorithm.

The increasing digitalisation of the international commerce has been accelerated due to the ongoing Covid-19 pandemic and now the War in Ukraine. Economic recovery is still dependent on international commerce increasing and the  positive impact of continual improvements in  digital commerce. During the last year or two we have faced issues as the disruption of global supply chains, arising from factors such as the shortage of raw materials, commodities and as well due to trade barriers and restrictions to the movement of people, enacted in the world to counter the pandemic spreading or due to the War. Digitisation in this context has helped businesses to increase their resilience and helped to optimize processes of manufacturing and distribution along the supply chain. Our panel of experts will treat these and other topics of high relevance for the international commerce. Specific consideration will be given to particular industries more impacted by this important trend.

Jurisdictions around the world are seeking to reshape or control the impact of the major tech and social media platforms. In this session, we will examine two regulatory trends and how they may change internet and society. First, there is growing concern about the role and power of algorithms to amplify or minimise content in ways that affect individuals' beliefs, opportunities, and wellbeing. What would it mean to regulate algorithms? Would that entail costs to freedom of expression? What regulatory efforts are underway and how could they reshape the digital landscape? Second, many jurisdictions have moved to force digital platforms like Google and Facebook to compensate news organisations for the use of their content. Why are platforms being asked to compensate news organisations? How have the platforms responded? And what impact will such efforts have? 

The European Union and a growing list of countries are working on carbon border adjustment mechanisms (CBAM) aimed at taxing emissions imbedded in imported products. The avowed purpose of these schemes is to accelerate the decarbonation of domestic industries, while protecting their competitiveness against imports of products that are not subject to the same emission reduction constraints. Four leading expects in their field will review and compare the main features of some of these schemes and discuss their impact on developing countries, as well as their effectiveness in contributing to the fight against climate change.

DiversityInclusionObesity is a health risk that a majority of the population across the world is facing. As per the WHO, obesity has reached epidemic proportions globally, and the obesity numbers have nearly tripled since 1975. At the same time data from the US suggests that weight stigma and discrimination has been increasing. Obesity discrimination has many negative effects on the mental wellbeing and prosperity of the affected people and there have been several reports in the US indicating a ‘wage penalty’ on people being overweight or obese. 

In December 2014, the Court of Justice of the European Union (CJEU) for the first time addressed the question whether it is contrary to EU law to dismiss an employee on grounds of obesity. The CJEU stated that EU law does not lay down a general principle of non-discrimination on grounds of obesity as such. Obesity may, however, under certain conditions constitute a disability within the meaning of the Employment Equality Directive. This case was finally decided by the Danish High Court in November 2020. Several other jurisdictions, including the United States, have jurisprudence developing on this issue and reports suggest that employees are increasingly claiming discrimination based on obesity in the workplace, e.g. in recruitment and redundancy processes. Only a few jurisdictions have, however, implemented anti-weight discrimination regulations.

But what kind of legal protection is needed to adequately protect employees against discrimination on grounds of obesity? Is there a need for more focus on the prevention of weight stigma and discrimination in the Diversity & Inclusion strategies in the workplaces. And is there a possibility or need for an affirmative action policy/obligation for employers towards persons being obese?

The world has been turned upside down by Covid and other new risks. The insurance community is always directly affected by new and unexpected risks. This was demonstrated by the issues resulting from Covid and other risks that have come to the fore in the past year. This session will look at the issues in direct and reinsurance related to these emerging and emerged risks.

In this awaited panel leading practitioners from around the world will entertain a vivid discussion on the recent trends and most controversial topics in international arbitration.

In this session we will explore the standards and practical examples of dos and don’ts in international maritime arbitration with a focus on conflicts of interest in maritime arbitration following recent international decisions.

While law firm partners have typically enjoyed a high degree of autonomy and independence, during these times of uncertainty (and arguably in any event) the need for a coordinated approach to strategy and performance is without doubt.

Even the simplest planning and coordination amongst partners can be difficult. Many will focus on short-term objectives neglecting the longer-term investment required in their people and client relations. Typical excuses include a “lack of time” and the need to focus on daily deadlines. These are excuses!

During this interactive and highly practical session we will be reviewing the latest approaches to partner performance, sharing our experiences as to why this is so challenging within law firms and hearing success stories from firms who are doing this well. How can law firm leaders ensure that their partners are committed and accountable for their goals? How to ensure clarity over the expectations of partners with a clear appraisal and reward process? Is aligning partner objectives with financial reward the magic solution or are there deeper challenges involved? How can rewards drive collaboration?

The pandemic had a very different effect over different sectors of the economy. Private equity, venture capital and M&A activity remained strong in Latin America throughout the pandemic, but some economic sectors received significantly more investments than others, namely digital and online technology companies. On the post-pandemic environment, we expect to see M&A activity on all fronts, including a continuation of investments in technology companies, a return of investments in sectors that were dormant, distressed M&A on sectors badly affected by the crisis and post-IPO consolidation of various sectors. A panel of private equity firms, venture capitalists, private equity lawyers and investment bankers will discuss the challenges and opportunities that these type of investments bring, the hottest sectors, trends, similitudes and differences from pre-Covid PE and VC investments, how to navigate perceived increased political risk, among other topics.

This session will describe which are the main current threats to biodiversity and the connection between the need to stop it and the development of new products and services to consumers, analysing the shifting of paradigms on economy, with an overview of the key proposals of circular economy, blue economy and collaborative economies. Speakers will also address the law´s role is promoting or adjusting to these trends and preventing further collapse.

The idea that central banks should introduce digital versions of physical cash is fast gaining traction. Asia is today leading the way for the issuance of CBDCs but what are the ramifications for payments, monetary policy and financial stability and what will the future of money as we know it be?