Conference programme

The recent challenges posed by the debt and equity capital markets have reduced access to capital thereby driving a trend to (over)equitize acquisitions, seek sources of capital from across jurisdictions within the corporate group and refinance existing debt on less favourable terms.  These challenges appear to have been exacerbated by a potential effective increase to the cost of capital through measures such as interest barrier rules, some jurisdictions’ denial of MNEs to efficiently access and move capital from one jurisdiction to another and via increased scrutiny over intragroup financing structures.  This panel will discuss some of the key trends and practical issues posed in financing in this new era of taxation in challenging economic times.

This session will consider the various options available to closely held businesses for funding growth - from bank finance to equity investment to commercial partnerships and joint ventures. The panel will discuss the pros and cons of each option and the steps that owners can take to mitigate risks and maximise opportunities.

About 150 countries have data protection laws, and many contain restrictions on data exports. Less well understood is that many of these laws also have a very ‘long-arm’ jurisdictional reach. The GDPR, for example, can apply to processing anywhere on the planet. Dozens of countries also have laws requiring certain categories of data to be stored (‘resident’) in that country. Others have forced ‘localisation’ requirements, and in some cases it can be illegal to hold copies of data outside the jurisdiction. This session will explore how these rules work. We will also look at practical steps that can be taken to manage overall compliance, including how to deal with potential conflicts between data sovereignty, residency, localisation, and transfer rules.

Real estate bankruptcies are on the increase globally. This interactive session jointly moderated by the Real Estate Section and Insolvency Section will consider the current approach to Real Estate projects in financial difficulty. 
 
Questions to be discussed will include: 
 
• What provisions should be included in real estate development agreements to best protect parties (lenders/developers/landlords/tenants) from the impact of financial distress?
• When a developer, landlord or tenant is threatened with imminent insolvency what restructuring steps can be taken to preserve the value of the development and ensure its completion?
• Once a developer, landlord or tenant enters into an insolvency process what rights do counterparties to the agreement and other creditors have and how are these enforced?

Online mediation has changed the practice of mediation. Artificial Intelligence has the potential to revolutionise it. This session will explore the intersection of mediation and technology with an emphasis on psychological effects on mediation participants. Does online mediation make mediation fairer? Can digital mediators build rapport with parties? Can AI ever do what a mediator does? We will discuss these issues and more with specialists in mediation, psychology and technology.

Justice and accountability are a critical component of lasting peace and of dealing with the legacy of gross human rights abuses. Yet, from Ukraine to Syria, from South Sudan to Yemen and Myanmar, to many corners of the world where such abuses occur, pathways to justice and accountability often seem inadequate or out of reach. Indeed, some might even argue that pursuing justice can be detrimental to immediate prospects for peace, for it could encourage perpetrators to double-down on their abuse in order to cling to power and escape accountability. Can this be true? This panel will draw from the expertise and insight of experts in the frontlines of international justice to provide perspectives and lessons learned from around the world. Together, the panel will also discuss what role can organizations such as the IBA mandated to “contribute to global stability and peace through the administration of justice” and acting as a “connector, enabler, and influencer, for the administration of justice, fair practice, and accountability worldwide” play in supporting justice as a way to achieve peace.

Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.

This panel will review the new EU data regulation. It will analyse it in comparison with other regions and shall also deal with important specific issues, including the free movement of data.

The session will take the form of a panel discussion in which it is expected the following topics will arise:

• The process of imposing targeted sanctions.  There is a perceived sense of unfairness amongst many of the individuals on whom sanctions have been imposed- governments have wide powers to do so, sometimes acting on the basis of contested information and with a low burden of proof for what can be serious allegations, and the consequences can be drastic- is this really what we mean by rule of law?
• Access to advice and representation - even where it is technically possible for persons affected by sanctions to get legal advice and representation in court and arbitration proceedings because of exceptions or licences (general or specific) many firms are reluctant to get involved - how does this sit with rule of law concepts?
• Impediments to conducting litigation, arbitrations and enforcing awards – are they compatible with the rule of law and is this is really the kind of rule of law that should apply?

Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.

The independence of the legal profession is a critical requirement for maintaining the rule of law. An important subset of the independence of the legal profession is the independence of the judiciary. One particularly invidious form of attack is the subtle and non-obvious approach of undermining or hijacking the judicial appointments process. Where the judicial appointments process is unduly influenced or controlled, it results in the appointment of judicial officers who have lost their independence even before they get onto the bench, as they are beholden to those who facilitate their appointments. These facilitators could be members of the executive arm of government, influential politicians or businessmen, or sitting or past judicial officers.

This approach to undermining judicial independence is coming to a head now in Israel, where the Executive arm of government is no longer relying on subtlety but is seeking to take absolute control of the judicial appointments process and to arrogate powers to itself to overrule judicial decisions.

Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.