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Monday 9 October (1730 - 1830)

Real Estate Section (Lead)

Programme details

An open meeting of the Real Estate Section will be held to discuss matters of interest and future activities.

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Monday 9 October (1930 - 2230)

Environment, Health and Safety Law Committee (Lead)
Water Law Committee (Lead)

Monday 9 October (2000 - 2230)

Asset Management and Investment Funds Committee (Lead)
Private Investment Funds Subcommittee (Lead)

Monday 9 October (2000 - 2230)

Mining Law Committee (Lead)

Tuesday 10 October (0800 - 0930)

Litigation Committee (Lead)
Women Lawyers' Interest Group (Lead)

Programme details

The breakfast is organised to provide further networking opportunities for all litigation experts, and especially tailored to help women litigators who are new to the IBA (but veterans and male colleagues are of course invited too!) This year, our programme will focus on: 'Different presentation and negotiations styles: how can we, female litigators, utilise our strengths in the best way?' Answers will be explored in roundtable discussions, which are designed to allow simultaneous, cross-border networking.

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Tuesday 10 October (0800 - 0930)

Business Human Rights Committee (Lead)

Programme details

A breakfast meeting of the Corporate Social Responsibility Committee will take place for an informal discussion on "Current trends in business and human rights regulation". During the breakfast we will: • Provide a high-level overview of emerging governmental strategies to encourage or require companies to manage human rights risks • Discuss the pros and cons of common legislative strategies such as mandatory due diligence requirements and mandatory reporting requirements, which have important implications for a broad range of companies • Encourage discussion among the attendees on the various topics presented • Provide an opportunity to meet peers who work on business and human rights compliance issues, catch up with fellow IBA CSR Committee members and, for prospective members, a chance to learn more about our work.

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Tuesday 10 October (0800 - 0930)

Programme details

Within the next 20 years, the legal profession will develop faster than it has throughout the past two centuries. Therefore, lawyers and institutions have to anticipate the change before they are overwhelmed. What is at stake in this bar breakfast is the rise of the legal tech. Some of us see legal start-ups as strong competitors while others view them as a support for modifications. If it is difficult to measure the impact of this rise today, it will definitely change the way of working for lawyers. This is why we will debate this question: is the rise of the legal tech a growth leverage for lawyers or the end of the profession? How does the rise of legal tech impacts the global access to justice? The French National Bar Council will take the opportunity of this bar breakfast to showcase its own online platform for lawyers.

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1045)

North American Regional Forum (Lead)
Asia Pacific Regional Forum
International Commerce and Distribution Committee
International Trade and Customs Law Committee

Programme details

Trade continues to be one of the dominant issues in both national politics and international policy. Multiple constituencies are affected by trade – farmers, ranchers, manufacturers, service providers, workers and consumers – and trade is central to a nation’s economic policy, foreign policy and national security. While trade has always been subject to political pressure given the vast array of stakeholders (both governmental and non-governmental), there has been a steadfast expansion of regional and multilateral trade agreements since the end of the Second World War resulting in a fairly well-ordered global trading system. The benefits of trade agreements are, however, increasingly being called into question amid increasing economic dislocations, rising nationalism and populism, and new concerns over immigration. The recent US election and the Brexit referendum are just two instances in which national debates and decisions about trade policy reach beyond national boundaries. This session will look at the influence political change exerts on trade policy at the national level and its implications for regional trade initiatives and the global economy. Key issues include: • the implications of the withdrawal of key players from trade agreements (eg, Brexit); • the EU’s trade policy post the Comprehensive Economic and Trade Agreement (CETA); • the influence of an eventual Trans-Pacific Partnership (TPP) – or the absence of a TPP – on the future design and content of global and regional trade agreements; • China’s role within the World Trade Organization (WTO) and the market economy status; • multilateral negotiations (eg, the Trade in Services Agreement (TiSA)) and plurilateral negotiations (such as those dealing with environmental goods and information technology products); • the global rise in localisation expressed through regulatory protectionism, regulatory barriers, and local sourcing and local content requirements; • the future of WTO dispute settlement, including the systemic implications where the most difficult issues are increasingly sought to be resolved through litigation because of the perceived inefficacy of the WTO as a forum for multilateral negotiations; and • concerns and needs surrounding trade in green products and trade policies that seek to support renewable energy initiatives. The panel will explore the way trade issues shape both domestic and foreign policy, and discuss the contradictions and implications of increasing nationalisation in an increasingly globalised world.

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Tuesday 10 October (0930 - 1045)

Diversity and Equality Law Committee (Lead)

Programme details

There are hugely varying protections for age discrimination around the world. In a situation where most of the developed economies have ageing populations, what is the best approach to achieve intergenerational equity? This session will address the importance and difficulties of integrating the next generation into the workplace. In some jurisdictions, the compulsory retirement age is challenged in court, some others try to impose mechanisms ensuring ‘relay between generations’ and additional pension support to allow access to employment to younger generations, others generally prohibit a default retirement age, and employers’ organisations struggle in finding the way and sometimes try to implement their own retirement policies.

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1045)

Closely Held and Growing Business Enterprises Committee (Lead)
Intellectual Property and Entertainment Law Committee

Programme details

‘Disruption’ was the topic of the Paris 2017 specialist conference by the Closely Held and Growing Business Enterprises Committee. This session continues that key dialogue in a lively and interactive format. Experts and the audience will discuss the specific legal challenges and needs that disruptors are facing worldwide, the high-value new skills this specific category of clients requires, different from those demanded by the traditional corporate client, and the legal approach of industries that are operating under a scenario of very fluid regulatory environments. Also, from the perspective of law firms, disruption is not only a client issue. The legal industry is also itself being disrupted with the development of: • new business models; • alternative firms; • the increasingly sophisticated legal process outsourcing (LPOs); • global integrated service providers; and • the expansion of new technologies, such as law on demand, apps and artificial intelligence.

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1045)

International Franchising Committee (Lead)

Programme details

A panel of expert franchise law practitioners from select countries around the world will discuss recent and topical legal developments affecting franchising in their countries.

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1230)

Programme details

Hilarious political memes, cute pictures of kittens, parodies of popular songs and videos of just about anything – all available at the touch of a keyboard. Rampant use of images, sounds and videos are the new normal in our world, both in our personal and professional lives. But is it legal? Join our interactive discussion on fair use and the balance between the rights owners of copyrighted and trademarked works and the people who use these works to create new materials. Hear from in-house counsel in music, gaming and online reservation services companies about how they have handled the use and misuse of images, brands, videos, text and song within their own industries. Interact with counsel from Hong Kong to Honduras as we explore the limitations of fair use, and the possible solutions for advising your clients and in-house departments on creating the most clever and eye-catching products and promotions, within the confines of the fair use laws.

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1230)

BIC International Trade in Legal Services Committee (Lead)
Alternative and New Law Business Structures Committee
Bar Issues Commission Regulation Committee

Programme details

This session will look at the role that technology is playing in reshaping the potential for legal services to be traded across borders. The potential has long existed for legal services to be disaggregated and outsourced, but online tools are now increasingly targeting consumer markets for legal services. As with many other service sectors, lawyers are thus becoming dependent on relative freedom of data flows and vulnerable to costs associated with requirements to localise the storage of data. At the same time, data protection laws, e-commerce and distance-selling regulations are expanding unevenly, leaving some jurisdictions heavily regulated and some unregulated for non-resident lawyers. But in neither case has the interaction of trade and regulation of legal services been explicitly considered. So how, if at all, do trade agreements deal with these issues? What role should they play in the future?

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1230)

Business Human Rights Committee (Lead)
Regulation of Lawyers' Compliance Committee (Lead)

Programme details

This session will discuss and reflect on the IBA’s business and human rights education and training pilot project in Australia and its international context concerning other key initiatives in this area. We will discuss and critique the development of the strategic approach for the pilot; content and use of the training and education materials, which focus on corporate and commercial transactions (including M&A); model clauses and an examination of the roles and responsibilities of lawyers in assisting companies to develop ethical global supply chains; and how to identify and assist clients in addressing business and human rights issues and opportunities/ challenges associated with developing and replicating the model for other jurisdictions. We will also explore other key developments in education and training initiatives that are being developed in other jurisdictions.

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Tuesday 10 October (0930 - 1230)

Mediation Committee (Lead)
Electronic Entertainment and Online Gaming Subcommittee
Technology Law Committee

Programme details

With advances in technology and an increasingly digitalising society, the mode of resolving disputes is about to undergo radical change. Dispute resolution at the speed of thought in real time across the internet is poised to be the next step. Corporations, consumers and legal service providers have expectations to be able to minimise costs with resolution of disputes 24/7, 365 days of the year from their smartphones, tablets, laptops and PCs. Also, electronic transactions as a matter of course span across the globe and disputants are unwilling to sort out complex issues of jurisdiction every time a problem crops up. Online dispute resolution (ODR) is the way forward. Mediation, which is the fastest process of dispute resolution so far, may have a role to play as ODR catches up with mediation. Is there room for mediation and negotiation to interplay with and leverage electronic applications of information and communications technology involving dispute resolution? The session aims to address the future of law and mediation, in particular as it explores the cutting-edge systems available online today and those that will become available tomorrow, as well as exploring how ODR can move us closer to a world where disputants have access to fast and fair resolutions any time, any place.

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1230)

Programme details

Over the last year, there has been an ever-increasing focus on electronic and cybercrime affecting lawyers, governments and society more broadly. WikiLeaks started the avalanche of information being disclosed to the public, which continues to this day, impacting events as significant as the US presidential election. The Panama Papers disclosed information about offshore tax structures of the wealthy, famous and not so famous, resulting in the resignation of at least one prime minister. The Unaoil saga disclosed allegations of worldwide bribery through intermediary entities in the construction and procurement sectors in the Middle East by multinational corporations. This session will involve a panel discussion followed by a hypothetical case study with audience Q&A and brings together a highly experienced range of international and regional experts ranging from investigative journalists, academics, regulators and prosecutors to explore the following: • What is cybercrime and how is it being addressed by politicians and regulators? • What role do investigative journalists play in exposing conduct by those exercising power and influence? • What is the impact on clients and a law firm when information is disclosed publicly? • How can lawyers manage the risks that arise when confidential information is publicly disclosed? • Where are governments going to from here – the legislative and social response?

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1230)

Programme details

We will look into the question of how to grow the firm profitably and successfully in today’s competitive and difficult markets. We expect that participants in the café will discuss critical issues and current challenges in areas such as: • Is there any chance for the best law firms, to sustain their leadership by offering such high-quality services that will overcome budget restrictions? • Who and what are those premium law firms, that manage to remain valuable and expensive, notwithstanding the growing price pressure and other market challenges? Who are their clients, and what their clients want and expect? • How do law firms overcome pricing challenges from clients and keep legal work cost-effective? • How do law firms focus on valuable work at higher profit margins? • How do law firms increase profit margins despite competitive pressures? • How do law firms make commodity work more profitable if there is less premium work? • How do law firms maintain profits by achieving higher efficiency? • How can cashflow challenges be overcome? • How do law firms invest in technology so that profitability will increase? The café format will also allow the table to discuss these issues and explore real situations faced by participants, as well as insights and solutions.

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1230)

Access to Justice and Legal Aid Committee (Lead)
Bar Issues Commission (Lead)
Forum for Barristers and Advocates
Judges' Forum

Programme details

The Bar Issues Commission and the Access to Justice and Legal Aid Committee are collaborating on developing guidance on what works in creating a good legal aid system. The first step of the process was the very successful legal aid roundtable in conjunction with the Bar Leaders Conference in Belfast, at which many bar leaders observed the high-quality discussion of many of the world’s leading legal aid experts. The member organisations together with other IBA constituents will have received the consultation document prepared taking into consideration the findings of the legal aid roundtable, and this session will provide an opportunity to discuss early responses to the consultation document, and for the audience to give their thoughts. There will be short presentations on the most important proposed guidelines, followed by audience observations.

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Tuesday 10 October (0930 - 1230)

Programme details

What every lawyer needs to know about the risks of advising clients in delicate and often time-pressured situations relating to anti-money laundering (AML), sanctions and economic crime. As major changes take place in the Australian AML regulatory landscape, the Fourth Directive in Europe, potential new legislation in the US and further Financial Action Task Force (FATF) reports elsewhere, the panel will discuss current and topical issues and risks, recent legislative changes and case law, and the important things for lawyers to remember to avoid serious reputational risk and criminal investigation or charge. Given that the conference is in Sydney this year and Australia will be implementing AML legislation that is specifically applicable to the legal profession for the first time, we will have a specific focus and contributions on legislative, regulatory and enforcement trends in Australia, and see how experience and expertise from other jurisdictions can be utilised to assist with the transition to a regulated sector environment.

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Session/Workshop Chair(s)

Tuesday 10 October (0930 - 1230)

Anti-Corruption Committee (Lead)
Alternative and New Law Business Structures Committee
Business Crime Committee
Private Client Tax Committee
Professional Ethics Committee

Programme details

The misuse of legal structures to conceal crime proceeds and assets of criminals has been in the news for the past few years, leading notably to the adoption of beneficial ownership registers by several countries. However, the adoption of such registers may have the unwanted effect of weakening some asset recovery tools. There have also been case law developments that may make trusts an obstacle to recovery of assets that are not crime proceeds. This session will be divided into two parts: The first part will explore the question of whether beneficial ownership registers facilitate or hinder asset recovery. The second part will discuss recent case law, according to which a discretionary trust may be a safe shield against the enforcement of criminal confiscation and civil asset recovery orders.

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