Conference programme

The Secretary General of the Hague Conference on Private International Law (HCCH), Dr Christophe Bernasconi, will provide insight into the current work of the HCCH, its projects and how it is working to address the key challenges associated with enhancing legal cooperation across States. The panel will look in depth at two key Hague Conventions: the Hague Choice of Court Convention 2005 and Judgments Convention of 2019. It will explore recent developments relating to these Conventions, including case law from Singapore and the UK, the potential impact of the UK's recent decision to implement the 2019 Judgments Convention and what the future may hold for these two important Conventions.

Amidst global uncertainties including geopolitical tensions and economic challenges, the panel delves into the intricate landscape of enforcing legal judgments against sovereign states. Discussions explore the complexities of navigating international legal frameworks, diplomatic hurdles and practical considerations in enforcing judgments across borders. Experts examine the role of international treaties, the delicate balance between sovereignty and accountability, and offer insights from recent case studies, shedding light on the evolving dynamics of cross-border enforcement within the context of sovereign entities. In the session, also insight will be shared from the IBA Guide to Cross-Border Enforcement of Judgments Against States.

We will move to the Netherlands Commercial Court for an afternoon compromising of five different 75-minute workshops followed by a coffee break.

• Workshop 1: Case management and best practices, moderated by Frans Overkleeft

• Workshop 2: Class settlements, moderated by Maria José Azar-Baud

• Workshop 3: The Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers, moderated by Tobias Lühmann

• Workshop 4: Third party funding, moderated by Robert Johnston

• Workshop 5: Competition cases (EU courts, moderated by Wessen Jazrawi

1. Sanctions: the end of the beginning? The last two years have seen an unprecedented number of sanctions across several jurisdictions. What we are seeing now is that the courts are increasingly having to grapple, not just with applications from those sanctioned, but also from commercial parties whose operations have been affected by sanctions. We are now moving to a new phase where the pace of new laws has slowed but litigators are called upon to interpret and apply those laws.

2. Sanctions, cybersecurity, data privacy, social media and the increasing use of non-fungible tokens (NFTs) all give rise to the need to protect and defend the rights, interests and reputation of clients. Clients are becoming much more proactive about managing their reputations, instead of just reacting in a crisis. Lawyers must increasingly look to work on a cross-jurisdictional basis if they are to serve their clients well in tracing confidential data, managing future and past publicised moments and assessing brand impact to protect the value of public and commercial image, perception, associations, industry and position.

It is essential for commercial dispute resolution lawyers, in the increasingly complex and interconnected world, to be able to navigate the cross-border, transnational litigation landscape. This panel will consider current hot topics in transnational disputes including: the recognition of ad hoc arbitration in China, ECJ caselaw and reinforcement of third state judgments, recognition of claims against Russia rendered by the courts of Ukraine, stolen nazi art, modern slavery law in Canada with extra territorial effect.