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  • Committees
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Monday 9 October (1230 - 1330)

Maritime and Transport Law Committee (Lead)

Programme details

An open meeting of the Maritime and Transport Law Committee will be held to discuss matters of interest and future activities.

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Monday 9 October (1230 - 1330)

Media Law Committee (Lead)

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An open meeting of the Media Law Committee will be held to discuss matters of interest and future activities.

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Monday 9 October (1230 - 1330)

Space Law Committee (Lead)

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An open meeting of the Space Law Committee will be held to discuss matters of interest and future activities.

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Monday 9 October (1230 - 1330)

Technology Law Committee (Lead)

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An open meeting of the Technology Law Committee will be held to discuss matters of interest and future activities.

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Monday 9 October (1230 - 1430)

North American Regional Forum (Lead)

Monday 9 October (1230 - 1430)

Women Lawyers' Interest Group (Lead)

Monday 9 October (1245 - 1430)

Antitrust Section (Lead)

Monday 9 October (1245 - 1430)

Antitrust Section (Lead)

Monday 9 October (1245 - 1430)

Private Client Tax Committee (Lead)
Taxation Section (Lead)

Monday 9 October (1300 - 1430)

Mediation Committee (Lead)

Monday 9 October (1315 - 1415)

Programme details

Robert Gates served as the 22nd secretary of defence, from 2006 to 2011, and is the only secretary of defence in US history to be asked to remain in that office by a newly elected President. President Barack Obama is the eighth president Gates has served. He previously served under President George W Bush. On Gates’ last day in office, President Barack Obama awarded him the Presidential Medal of Freedom, America’s highest civilian honour. Gates joined the Central Intelligence Agency in 1966 and spent nearly 27 years as an intelligence professional. During that period, he spent nine years at the National Security Council, the White House, serving four presidents of both political parties. Mark Ellis leads the foremost international organisation of bar associations, law firms and individual lawyers in the world. Dr Ellis has served as Legal Advisor to the Independent International Commission on Kosovo, chaired by Justice Richard J Goldstone and was appointed by OSCE to advise on the creation of Serbia’s War Crimes Tribunal. He was actively involved with the Iraqi High Tribunal and also acted as legal advisor to the defence team of Nuon Chea at the Cambodian War Crimes Tribunal (ECCC). In 2013, Dr Ellis was admitted to the List of Assistants to Counsel of the International Criminal Court. In 2015, he was appointed to the UN created Advisory Panel on Matters Relating to Defence Counsel of the Mechanism for International Criminal Tribunals.

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Monday 9 October (1400 - 1630)

Monday 9 October (1430 - 1545)

Programme details

The Hong Kong-Mainland China Mutual Recognition arrangement and the Association of Southeast Asian Nations (ASEAN) and Asia-Pacific Economic Cooperation (APEC) passports are three different arrangements aiming to facilitate the cross-border marketing of collective investment schemes in Asia. The three types of passports have both common and distinctive features and are at different stages of implementation. These passports will exist alongside the possibilities for registering undertakings for collective invesment in transferable securities (UCITS) in certain Asian countries that they cover. The panel will analyse the features of these different cross-border marketing facilities, and discuss respective successes and opportunities they may bring about.

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Monday 9 October (1430 - 1545)

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In nations around the world, extraction industries have clashed with indigenous peoples. For decades, social activism and human rights groups have attempted to defend the interests of indigenous peoples with limited success. Starting in the 1970s, with the direct involvement of the Canadian court system, indigenous peoples in Canada found ways to work collaboratively with the extraction industry resulting (in economic development and legal parity without sacrificing culture, language or lives) in an economic model where culture, language and territory are the building framework of economic development. Thanks to their economic stability and autonomy, Canadian indigenous peoples have achieved legal parity and developed negotiation skills that empower their communities. Can the success of this model be a reference for other indigenous peoples of the globe, who want economic autonomy and see potential partners in extractive industries? Our session will explore the outcome of our IBA-funded project, which allowed direct discussions between Canadian indigenous leaders and those in Colombia. Instead of taking an approach of 'advocating on behalf' of the affected indigenous peoples, the IBA Indigenous Peoples Committee decided to explore an 'indigenous-to-indigenous' approach where the Canadian experience could be narrated from Canadian indigenous leaders directly to Colombian indigenous leaders. How can normative frameworks adapt to indigenous needs and interests? How can the rule of law advance indigenous interests? Can a collaborative economic approach replace legal and economic competition? Come and watch the compelling documentary showing the indigenous-to-indigenous interaction in Canada's Northwest Territories and decide for yourself. After the film, we will have an opportunity to hear from and ask questions of the leaders involved.

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Monday 9 October (1430 - 1730)

Mediation Committee (Lead)
Arbitration Committee
Litigation Committee

Programme details

‘No area of understanding is more relevant and important to mediation competency than a basic understanding of how the human brain functions, perceives events, processes emotional notions, cognitive response and formulates decisions. The awareness of cognitive neuroscience and psychology are at the heart of our work in managing conflict and problem solving.’ Robert Benjamin, 2009. Experienced mediators rely on instinct, intuition and experience to assist disputants and counsel with high-conflict personality and heightened emotions, over-confident case theories and assessments, deeply held beliefs and barriers to rational deals. Regardless of the outcome, it is difficult for practitioners to identify the precise microactions taken individually or collectively by the mediator(s), disputants and/or counsel that turns a mediation, and pinpoint exactly what worked and why. This session aims to explore the science behind the instincts, intuitions and experience of experienced mediators, and considers the latest research on how and why disputants and counsel behave the way they do at mediations. We survey the landscape of neuroscience and psychology behind mediators’ interventions that may turn an impasse into a successful outcome, and discuss how neuropsychology may help provide mediators and counsel with structures and tools to assist disputants.

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Session/Workshop Chair(s)

Monday 9 October (1430 - 1730)

Real Estate Section (Lead)
Arab Regional Forum
Corporate and M&A Law Committee

Programme details

Another similar real estate cross-border transaction? No way! Although such deals have some common aspects, each transaction is different due to cultural background, regional specificities and a particular market’s characteristics. During this session, recognised real estate, M&A and litigation experts, as well as industry speakers will share their prodigious knowledge by providing practical information for handling such convoluted (international) transactions. The interactive session will also include a negotiation workshop – a continuation of the sessions on principled negotiation and negotiation preparation that were held during the IBA Annual Conferences in Vienna and Washington. This time we will hone in on the key skills that master negotiators use when navigating competitive price negotiations. You will have an excellent opportunity to negotiate and analyse the dynamics and strategies of price negotiation and the tactics, behaviours and psychology that have led to the best deals.

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Monday 9 October (1430 - 1730)

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Renewable energy is booming in many jurisdictions throughout the world. This session will analyse not only its positive aspects, but especially its complexities through all the phases of a project, that is, analysis, construction and operation. Technical analysis, regulatory framework, land permits, equipment availability and acquisition, financing, impact on system operations and pricing rules will be discussed, mainly for solar and wind projects.

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Monday 9 October (1430 - 1730)

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Constitutional law was once a sleepy backwater, but popular movements, globalisation and increasing recognition of national and ethnic identity are finding expression in calls for constitutional change across the globe. As a result, constitutional law is now a very popular topic! Constitutional issues such as the independence of regions or national groupings from larger states, popular movements and referendums and revision of written constitutions to promote democratic values or undermine them, are the topics of debate the world over. This session brings together constitutionalists from around the world, bar leaders and lawyers who have made public law key to their practices, to discuss what bar associations can do to uphold the rule of law, maintain proper constitutional values and contribute to the promotion of freedom and security.

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Monday 9 October (1430 - 1730)

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Regulators see private class actions, including those promoted by third-party litigation funders’ funded actions, as a key part of the regulatory enforcement environment and for consumer compensation in the securities and financial product areas. With regulator budgetary constraints, they cannot pursue every case, and many see their role more as one of deterrent and punishment, and not compensation if there is a viable active private compensation mechanism. There are a variety of issues and tensions arising as a result, including access to regulators’ investigation materials, the timing of compensation actions, immunities available and levels of cooperation. This topic will explore such issues and hear from key regulators involved in these areas.

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Monday 9 October (1430 - 1730)

Arbitration Committee (Lead)

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A discussion on hot topics in international arbitration at the time of the IBA 2017 Annual Conference (eg, the inevitable tension between efficient arbitration and due process/good quality in the arbitral administration of justice, corruption and the defence of illegality, trade sanctions in the enforcement of international contracts, the developing body of emergency arbitrations, information and profiling of arbitrators).

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