Search programmes

No results were found for the entered search term
  • Committees
  • Type
  • Days
  • Session Type

Wednesday 11 October (1430 - 1545)

Programme details

Uneasy companions: social media and the law Lawyers and law firms across many jurisdictions struggle with using social media. This is not because lawyers are ‘old-fashioned’. Instead, lawyers are naturally cautious around social media’s ‘Wild West’ rules, medium-to-large law firms can lack the agility to respond in ‘real time’ and sometimes, where you are based can be a help or hindrance. Given these restrictions, many lawyers choose to ignore social media, or use it half-heartedly. This panel session will: • define the benefits that lawyers can gain from engagement with social media; • include insights into the different social media platforms suitable for lawyers; • debate ways to cope with the pitfalls of engagement; • examine ways to measure social media effectiveness; and • look at what should be in a social media ‘strategy’. The panel will include a marketing and public relations professional, a lawyer who promotes/uses his or her profile on social media, an in-house professional charged with managing a law firm’s corporate social media presence and a journalist who will outline ways in which the business and legal press use and reference social media.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1545)

Programme details

The landmark English case of Carter v Boehm 250 years ago established the duty of utmost good faith and imposed an onerous pre-contractual disclosure requirement for insureds. Until the UK Insurance Act 2015 was enacted, English law remained largely unchanged. Australia’s law changed with the Insurance Contracts Act 1984, but Australia now finds itself possibly behind the curve given the wider reach of the UK Insurance Act 2015. Should Australia amend its laws? Which paths have the US and other countries in Asia and Europe chosen?

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1545)

Oil and Gas Law Committee (Lead)

Programme details

Digitisation is transforming the energy sector everywhere. Different parts of the energy industry are reacting differently, preparing for potentially disruptive changes. The session will look into how the oil and gas industry is affected by and makes use of this development. It will also look into new challenges for lawyers advising oil and gas clients all along the oil and gas value chain.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1545)

Programme details

Costs and efficiency continue to be a main concern for arbitration users and institutions. The most recent practices developed to enhance those aspects will be addressed.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1630)

Programme details

The IBA Judges’ Forum has once again organised a court tour for the IBA Annual Conference. Please note that places are limited. Delegates registered for the conference will be invited to sign up in person at the conference in October 2017.

Read more

Wednesday 11 October (1430 - 1630)

Wednesday 11 October (1430 - 1730)

Private Client Tax Committee (Lead)

Programme details

The panel will discuss methods for clients to become compliant with tax and reporting obligations, the impact of anti-money laundering initiatives and whether it is still safe to be a tax adviser (can we advise clients without risking criminal liability)?

Read more

Wednesday 11 October (1430 - 1730)

Antitrust Section (Lead)
Communications Law Committee (Lead)

Programme details

This panel will explore issues arising in the online distribution of goods and digital content around the world. The panel will discuss issues such as territorial restraints (export bans and exclusive distribution with a focus on cross-regional issues, eg, a US website not selling to Australian consumers), geoblocking (including the European Commission’s e-commerce enquiry and initiatives in this area) and resale price maintenance (minimum advertised prices, platforms and pricing, sales on app stores). The panel will begin with a keynote speech by Cecilio Madero Villarejo, Deputy Director-General for Antitrust at the Directorate-General Competition of the European Commission, on the European Commission's recent e-commerce inquiry report.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1730)

Art, Cultural Institutions and Heritage Law Committee (Lead)
International Trade and Customs Law Committee

Programme details

Is the art market a truly global market? How is the art market affected by national heritage protection regulations, in particular those regarding border controls restricting exportation of cultural property? Does the art trade require national or supranational control? And what is the optimal level of regulation and compliance that the art market requires? Or is the invisible hand of the market a sufficient (or better) regulator of the public and private interests involved in the art market? A panel of distinguished lawyers and industry experts will present opposing views on the above issues, focusing on different crucial aspects of the art market. Part 1: political and economic implications of export permits, the macro view Part 2: export control in theory and practice - How does export control works in four jurisdictions with different legal and heritage backgrounds? Part 3: interactive case study Part 3 will be an open discussion of a fictitious case involving the sale of a piece of art at a low price and its subsequent export by the buyer from one EU country to another where the piece is resold and subsequently exported outside Europe. Both export 1 and 2 have been approved by proper authorities for export, the first such export on the basis of an application which very broadly but accurately describes the piece of art to be exported, specifying the purchase price, but not its age. When it is later found out that the piece could be a very valuable old masterpiece, can the original sellers do anything and rescind/challenge/attack the sale? Can any of the export authorities revoke their respective export license? What effect, if any, on each of the sellers/buyers, if the original sellers and/or the export authorities do?

Read more

Wednesday 11 October (1430 - 1730)

Negligence and Damages Committee (Lead)
Closely Held and Growing Business Enterprises Committee

Programme details

This session involves questions about statutory provisions on the liability of directors, negligence and breach of fiduciary and similar duties. The session chair will develop questions with jurisdiction-based content for each panellist based on the panellist’s country of practice. The audience will make contributions and pose questions for the panellists and the session chair will round up with a summary.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1730)

Human Rights Law Committee (Lead)
International Organisations Subcommittee
War Crimes Committee

Programme details

The protection and enforcement of human rights is one of the three pillars of the United Nations (UN). Yet, there have been instances in which human rights violations have occurred under the watch or by direct perpetration of the UN. From allegations of sexual abuse by peacekeepers in the Central African Republic and the alleged UN mishandling of Syrian sieges, including Madaya, to the UN’s role in the Haiti cholera epidemic and more, this panel will explore the liability of the UN (and other international organisations) for human rights abuses, as well as whether and how the UN is moving to fill gaps in accountability and hold itself accountable for its direct or indirect responsibility in situations of grave abuse.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1730)

Programme details

Climate change has put pressure on the shipping industry to adapt to new requirements from governments, as well as to expectations from customers requiring the transport of their goods with minimal environmental footprint. New conventions such as the Ballast Water and Bunker Oil conventions are now entering into force. In the Sulphur Emission Control Area (SECA), the sulphur content is limited to 0.1 per cent and the International Marine Organisation has just agreed a global reduction to 0.5 per cent to apply to most vessel types from 2020. We see many shipowners ordering liquefied natural gas-driven vessels. Is that the solution for the future? For existing ships, there are significant problems and costs relating to the retrofitting of scrubbers or other technologies, which are in their infancy. How will the industry adjust to the forthcoming changes? The topics in this session will include issues relating to alternative fuels, improving marine vessel emission inventory methods, emission reductions and exhaust regulations. The session will also focus on supply chains and climate system impacts, including transport in the Arctic.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1730)

Mediation Committee (Lead)
African Regional Forum
Arab Regional Forum
Asia Pacific Regional Forum
Banking Law Committee
European Regional Forum
Latin American Regional Forum
North American Regional Forum

Programme details

A famous French author used to say that arbitration is the greatest peacekeeper. Perhaps, but isn’t it so because arbitration borrows its reconciling spirit from mediation? And what about the power of mediation, especially in a political frame work where disputes reach such a confrontational level that the recourse to violence is nearby? History shows that, often, mediation was used in every continent to resolve, effectively, a bitter dispute and even sometimes wars that could not have ended otherwise. Examples from the past where mediation was effectively used are legion – Poland in the 1980s, Ireland, Israel/Palestine, Cuba, the Koreas, Cambodia and Myanmar – until today and perhaps even more in our current world of tensions, crispation and ‘post-fact’ or ‘alternative facts’. It is sufficient to think of the disruption caused by new waves of refugees, including those caused by climate change and the ‘uberisation’ of the economy. More than ever, mediation, primarily flexible, resolution-focused and not fact-orientated, is needed in an era of profound change and violent transitions, and conflict is often the result of significant economic, social and political changes that have taken place throughout history. People, often wise experts or those with an international or wellrespected stature, well-acquainted with those in-depth changes, will make the difference and bridge the gap. Also, collaborative, agreedupon interest-based processes can allow people to ‘socialise’ these conflicts to address their causes through group dialogue and discussion and recommendations for preventative, system-wide, strategic improvement without political intrigue and infighting or recourse to violence. The responsibility for resolving conflicts can then go beyond a limited circle of aggressive antagonists to encompass allies, secret partners, neutral bystanders and others whose relationships to the participants or issues could make peaceful solutions possible. Players of that nature, coming from different backgrounds and regions will be invited to speak and share their experience and input, just to show that, if the German philosopher Thomas Mann was right to say ‘everything is politics’, mediating politics is the key to everything, especially peace building.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1730)

Product Law and Advertising Committee (Lead)
Class Actions Committee
Intellectual Property and Entertainment Law Committee

Programme details

Cigarettes in plain packaging! Graphic warnings for alcohol and video games! Higher taxes on sugar-sweetened drinks! Stiff fines for cycling without a helmet and picnicking without a permit! Around the world, there are many calls like these for tougher regulations to nudge consumers towards healthier lifestyles and restrict purveyors of unhealthy goods, all for the sake of public health and consumer protection. Advocates argue that these measures are needed to combat predatory sales and marketing practices, while opponents raise concerns about personal liberty and property rights of businesses. Australia has frequently placed itself at the forefront of this debate, which affects many industries and often goes to the heart of a country’s constitutional guarantees and trade agreements. This session will hear from both sides of these competing concerns and consider whether Australia, or anywhere else, has managed to strike the right balance or has instead merely become a ‘nanny state’.

Read more

Wednesday 11 October (1430 - 1730)

Litigation Committee (Lead)
Anti-Corruption Committee

Programme details

As countries around the world try to improve business behaviour with ever tougher legal and regulatory requirements, this session will explore whether global exposure to criminal liability is becoming a reality for corporates and what may be coming next in this area. We will cover multijurisdictional liability and how to manage exposure to it, whether existing compensation regimes are sufficiently focused on the victims of corporate misconduct, and the impact of human rights law on business behaviour.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1730)

Sports Law Subcommittee (Lead)
Leisure Industries Section

Programme details

This session will highlight the use of drugs by athletes in various disciplines of sports at various levels, including the Olympic Games, Commonwealth Games, Asian Games and Winter Olympics. Our discussions will include topics such as the increase in the use of drugs in many sports and how the use of drugs has hurt the competition at various levels in sports. There will be a special mention with regard to the rejection of the Russian Athletic Federation Team at the Rio 2016 Olympics and its after-effects. The role of the World Anti-Doping Agency (WADA) in detecting and controlling the drugs menace in sports worldwide will be discussed, including: • How have the decisions of the WADA been criticised? • What needs to be done to fine-tune the WADA itself? • What recourse do sports persons all over the world have against the decisions of the WADA? Some important decisions of the Court of Arbitration for Sport will be also highlighted.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1430 - 1730)

Programme details

The Organisation of Economic Co-operation and Development (OECD) has finalised its recommendations for a fixed ratio rule and complementary group ratio rule to limit relief in respect of payments of interest. Countries are beginning to legislate to give effect to the OECD recommendations, but they are not doing so in a uniform manner (and indeed some are departing from the OECD blueprint in important ways). What will the impact be for multinationals? Will inconsistencies in approach between jurisdictions give rise to arbitrage opportunities?

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1615 - 1730)

Programme details

Legal directories are the most heavily referenced written resource available on law firms, and a key part of any firm’s public profile. This panel discussion will explore strategies law firms can adopt to: • improve the text and ranking; • unite the whole team needed to do so, including uncooperative partners; • establish effective working relationships between business development executives and partners; and • get maximum benefit from directory write-ups, through business development activities. The panel will include lawyers and business development executives from a range of firms. To ensure a rounded discussion, the panel will include at least one speaker who is sceptical about the value of directories and the investment in time and money they require.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1615 - 1730)

Oil and Gas Law Committee (Lead)

Programme details

This session will look into the main aspects of M&A transactions that must be highlighted when advising oil and gas clients during the current low oil prices scenario: how pricing is affecting M&A negotiations and specific clauses, and what are the dos and don’ts of the new industry M&A environment.

Read more

Session/Workshop Chair(s)

Wednesday 11 October (1615 - 1730)

Insurance Committee (Lead)
Technology Law Committee

Programme details

The use of driverless vehicles and drones is increasing, but they have a long and uncertain journey ahead. Their increased and evolving use creates novel risks that are difficult to mitigate. This session considers challenges with insuring driverless vehicles and drones arising from legal and regulatory requirements, fast-moving technological innovation and the potential of significant liability disputes.

Read more

Session/Workshop Chair(s)