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Tuesday 10 October (1230 - 1330)

Asset Recovery Subcommittee (Lead)

Programme details

An open meeting of the Asset Recovery Subcommittee will be held to discuss matters of interest and future activities.

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Tuesday 10 October (1230 - 1430)

Latin American Regional Forum (Lead)

Tuesday 10 October (1315 - 1415)

Programme details

John Winston Howard, Australia’s 25th Prime Minister, held office from March 1996 to November 2007, making him the nation’s second-longest serving Prime Minister. Treasurer to an earlier government and a Member of Parliament for more than three decades, Mr Howard is described as having ‘left a deep and lasting impact on modern politics, government and the country’. Mr Howard led a government that delivered major economic reform in the areas of taxation, workplace relations, privatisation and welfare. Under his leadership, Australia supported the United States and other nations in the fight against terrorism, and strengthened economic ties with neighbouring Asian nations. He is currently enjoying a very active post political career.

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Tuesday 10 October (1330 - 1430)

Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL) (Lead)

Programme details

An open meeting of the Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL) will be held to discuss matters of interest and future activities.

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Tuesday 10 October (1430 - 1545)

Corporate Counsel Forum (Lead)
Anti-Corruption Committee

Programme details

Corporate governance and compliance are areas of focus for corporations in all parts of the globe. To what extent are these influenced, or even driven, by the culture within a corporation? How does diversity and a multicultural approach within a company affect overall corporate culture? How do regulators around the world view corporate culture and its role in regulation, enforcement and penalties? If companies can get corporate culture right, will compliance and corporate governance follow?

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Tuesday 10 October (1430 - 1545)

Communications Law Committee (Lead)
Human Rights Law Committee

Programme details

We are experiencing the internet moving towards many different layers and away from the open internet. There are also many players from the governmental sector to the private sector who want to have control over the internet and various layers. How can we ensure the future development of internet services, individual rights of citizens and governmental interests together with globalisation? The session will focus on technical and public policy issues, including privacy and other important viewpoints. The session will also address to what extent global responses to such challenges would be necessary, discussing the international frameworks that are already available with respect to privacy and data protection, such as the Privacy Shield between the EU and US.

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Tuesday 10 October (1430 - 1545)

Business Crime Committee (Lead)
Criminal Law Committee

Programme details

Not every white collar or regulatory breach can be investigated, let alone prosecuted. Companies cannot be imprisoned and, when fined, it is arguably the shareholder, rather than the individual wrongdoer, who pays for the breach. Prosecutors have to strike a balance between managing their limited resources, while at the same time ensuring they produce outcomes with sufficient deterrent effect to influence boardroom behaviour. The US and UK authorities have used deferred prosecution agreements (DPAs) and, in the US, non-prosecution agreements (NPAs) to address this issue, although their approach to DPAs is not uniform. Other jurisdictions have used administrative sanctions processes to produce speedy public settlements involving significant penalties but avoiding criminal sanctions. Regulators in different jurisdictions are also now working together to negotiate agreed cross-border settlements, such as global DPAs. This session will examine the different devices deployed and ask: • Should there be DPAs, NPAs and/or administrative sanctions? For companies and individuals? • What are the key differences between the US and UK approach to DPAs? • Which criminal and/or regulatory cases are suitable for negotiated settlements and which are not? • How do you get the best deal for your client? • What level of cooperation is too much cooperation? • How do you ensure a negotiated settlement in one jurisdiction does not prejudice your client in another?

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Tuesday 10 October (1430 - 1545)

Employment and Industrial Relations Law Committee (Lead)

Programme details

Non-standard work forms, atypical work arrangement, cloud working, homeworking, co-working space arrangements, staff leasing, on call workers, marginal workers, zero-working-hours – these are terms slowly encroaching into the employment sphere, even among large and multinational corporations. On the one hand, it has created the opportunity for otherwise unemployable persons to be employed. On the other, it raises many concerns – multiple employers, avoidance of compliance, lack of protection for the workers and uncertainty - especially because most employee rights and protection have been designed and built around standard employment terms. It is not unusual for both parties to be unclear on the exact nature of the relationship or status of the individual providing the services. Can we get it right?

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Tuesday 10 October (1430 - 1730)

International Commerce and Distribution Committee (Lead)
Agricultural Law Working Group
International Trade and Customs Law Committee
Product Law and Advertising Committee

Programme details

The agriculture and food industry is one of the most important economic sectors in Southeast Asia, accounting for up to 48 per cent of the gross domestic product. Market liberalisation, market-driven policy, energy and food price fluctuations, modernisation of retail and the increasing demand for fresh, high-quality food are critical considerations for all market participants. The legal dimension and commercial implications of food standards, domestic regulations and good practices, as well as import restrictions are some of the main challenges affecting the trade flow of food and agricultural goods. Companies in the region must cope with legal issues arising throughout the supply chain – from producers through distributors to retail outlets – which have become increasingly complex. Our panels of experts from international institutions, in-house counsel from agri-food businesses, private practitioners and academic legal circles will share their knowledge and discuss with the audience the key issues relevant to all parties involved in bringing food products from Asia to tables around the world. These include: • the opportunities and challenges presented by regional and bilateral trade agreements on supply chains that snake through multiple Asia Pacific jurisdictions; • the practical and legal aspects of food standards and traceability in transnational supply agreements; • potential litigation risks and import restrictions in the United States and elsewhere arising from the use of forced labour and other human rights abuses, and what companies can do to protect themselves from that liability; • strategies to protect companies from the consequences of handling non-compliant, fraudulent, tainted or unsafe food products; and • protecting companies and clients from risks associated with transport, logistics and shipping delays.

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Tuesday 10 October (1430 - 1730)

Programme details

Major construction and infrastructure projects are ultimately about balancing quality, cost and timely delivery. This session will explore the benefits of construction management as a contracting technique, its pitfalls and how to properly secure successful project outcomes through proactive project management, the use of risk registers, early warning mechanisms, claims management and dispute avoidance. The underlying issue will be balancing apparent contract certainty of the traditional model against active construction management to deal with the uncertainty inherent in major construction projects. The session will also explore why, on occasion, this model has failed so badly.

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Session/Workshop Chair(s)

Tuesday 10 October (1430 - 1730)

Asia Pacific Regional Forum (Lead)
Public Law Section

Programme details

This session will discuss the legal and business challenges and opportunities in integrating the Asia Pacific region so as to ensure that goods, services and people move easily across borders. The session will cover various issues that will help to facilitate trade, including faster customs procedures at borders, friendlier business environment behind the border and aligning regulations and standards across the region.

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Tuesday 10 October (1430 - 1730)

Media Law Committee (Lead)
IBA's Human Rights Institute

Programme details

This session will be divided into two panels, each addressing a current issue of vital concern. The first panel will discuss the phenomenon of 'fake news' and whether government efforts to staunch the flow of fake news threaten freedom of expression. The second panel will focus on the challenges faced by journalists and news organisations in Asia, ranging from criminal libel laws to protection of sources to social media shut downs. Panel 1: fake news and alternative facts - which is worse, disease or cure? In the US, Congress and the Federal Bureau of Investigation (FBI) are investigating the role played by Russian spy agencies in creating fabricated news stories about candidate Clinton during the 2016 US presidential campaign - false stories believed by many to have affected the election results. In France, then-presidential candidate (now French President) Emmanuel Macron was the victim of social media stories falsely charging that he maintained a secret offshore bank account. In Germany, Angela Merkel’s government has approved a draft law that, if passed, will compel large social media companies, such as Facebook and Twitter, to rapidly remove false news accounts from their platforms or face stiff fines of up to €50m. The US President frequently tweets that mainstream news stories critical of him and his administration are nothing more than 'fake news'. So what exactly is fake news? How should it be defined? Is it a pressing social problem that warrants government intervention? Is self-regulation instead the answer? Where do freedom of expression and press freedom fit into the equation? We will explore these and other thorny questions surrounding fake news with a panel of experts who represent the key stakeholders in this all-important debate, including social media representatives, free expression advocates and government regulators. Please join us for what promises to be a timely, entertaining and thought-provoking panel discussion. Panel 2: please don't kill the messenger - fighting for press freedom in Asia This panel will focus on the significant freedom of expression challenges that journalists, news organisations and social media companies face in Southeast Asia, China and other parts of Asia. Our panellists will discuss a broad range of important topics, ranging from the persecution of journalists, impunity and criminal libel laws, to the protection of sources and freedom of information to government control/shut downs of social media. The overarching focus will be on the role that laws can play in building – or undermining – free expression cultures in the region. Panellists will include lawyers and journalists with expertise in the various freedoms of expression, access to information and social media issues that are prevalent in Asia.

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Tuesday 10 October (1430 - 1730)

Anti-Money Laundering and Sanctions Expert Subcommittee (Lead)
BIC International Trade in Legal Services Committee
Immigration and Nationality Law Committee

Programme details

As lawyers we often ‘fly in and fly out’ (FiFo) of countries without a care, but are we breaching regulatory and/or immigration rules, or creating tax liabilities in doing so? In a post-Trump, post-Brexit world, the ability of lawyers to cross borders on a temporary basis has become even less certain. The capacity of governments to negotiate, let alone implement trade agreements that clarify the position of cross-border professional services providers, has become increasingly limited. Nonetheless, the Trade in Services Agreement (TiSA), as well as various other regional initiatives, such as the Regional Comprehensive Economic Partnership, remain on the negotiating table and our session will include a contribution from the Department of Foreign Affairs and Trade in Australia, which is chairing the legal services chapter of the TiSA negotiations. So the world is getting less and less FiFo-friendly, while in parallel, lawyers are becoming even more international. Should the IBA publish some ‘good practice options’ for trade negotiators and regulators to move this debate forward in a way that assists international practice while respecting local regulation and helping the local legal environment to develop? How do we ensure the legal profession can be international?

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Tuesday 10 October (1430 - 1730)

Latin American Regional Forum (Lead)
Mining Law Committee

Programme details

Part 1: from birth to adulthood In this part, the workshop will analyse an investment project from its inception and design, including different components (main infrastructure, energy, processing plants and transport), through feasibility and project finance to construction. Part 2: from happiness to divorce and death In this part, the workshop will analyse the environmental and social challenges of natural resources and infrastructure projects using the expansion of a project as an example, touching on the different options to finance the multibillion dollar expansion, enhancement of stability agreements to the creeping expropriation attempts from the host government, international arbitration defence, insolvency challenges and closure of the project.

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Tuesday 10 October (1430 - 1730)

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This panel will discuss the international regulation of the airline industry, including its history, recent changes and current developments. The post-Second World War regulatory structure, how it has evolved and how it is addressing current issues in the airline industry will be addressed.

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Tuesday 10 October (1430 - 1730)

Intellectual Property and Entertainment Law Committee (Lead)

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Intellectual property (IP) litigation throughout the world has become increasingly complex and expensive. This session will look at what can be done to reduce the costs and complexity of IP litigation including examining the expanded use of specialised courts and alternative dispute resolution, the reduction or elimination of discovery, forced reduction of trial lengths and a greater emphasis on early issue determination.

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Tuesday 10 October (1430 - 1730)

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The session will discuss reproductive rights in the global village, succession and property rights in regard to frozen genetic material after death, the entitlement to and status of frozen genetic materials after death and the right to procreate.

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Tuesday 10 October (1430 - 1730)

Banking Law Committee (Lead)

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This session will address current trends in financing renewable and clean energy projects in both developed and growth markets. Topics will include: • key bankability issues; • multilateral, development and export credit agency lending; • project and green bonds; • policy and tax credit changes; • regulatory updates; • YieldCos, warehouse facilities and other bundling strategies; and • how the market is expected to evolve in the years ahead.

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Tuesday 10 October (1430 - 1730)

Securities Law Committee (Lead)
Corporate and M&A Law Committee

Programme details

What are best practices for acquisitions of public and private companies in North America/Europe by Asia Pacific enterprises? How can intermediaries be most effective? What were the stumbling blocks on failed deals? Have completed acquisitions produced anticipated results?

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Tuesday 10 October (1430 - 1730)

Programme details

A dynamic interactive session with a roundtable discussion of global trends not covered elsewhere in the programme, in which national reporters drawn from 60 jurisdictions have the opportunity to lead the discussion chaired by more senior members of our committee to stimulate a lively debate. Table 1 Tax issues in the sharing economy – Uber, AirBnB, TaskRabbit Table 2 Trends in offence/liability risks for advisers – promoter penalty laws & offences for failing to prevent tax evasion Table 3 Revenue authority activities and developments (information requests, raids, voluntary disclosure, dispute resolution and tax amnesties) Table 4 Anti-avoidance measures (including transfer pricing, diverted profits tax and multinational avoidance measures) Table 5 Trends in intellectual property taxation

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