New Frontiers of ADR: From Commercial and Investment Matters to Regulatory Violations
6 Nov - 7 Nov 2018
McGill Faculty Club and Conference Centre
Session information
Negotiated settlements in regulatory matters (fraud, sanctions, tax) as a form of Alternative Dispute Resolution
Wednesday 7 November (1430 - 1600)
McGill Faculty Club and Conference Centre
Committee(s)
Mediation Committee
(Lead)
Dispute Resolution Section
Legal Practice Division
Description
This session will explore how negotiations and alternative dispute resolution (ADR) principles can be applied when representing clients in foreign bribery enforcement actions, specifically in countries where it is possible to reach a settlement arrangement with the relevant law enforcement authorities (for example, Non-Prosecution Agreements, Deferred Prosecution Agreements and Plea Agreements in the United States and Deferred Prosecution Agreements in the United Kingdom). The panellists will also compare the prevailing and current systems in the UK, US and Canada with other new laws in Europe, such as in France (Loi Sapin II) to introduce such possibilities for negotiated sanctions in other countries.
Session / Workshop Chair(s)
| Paul Michel Lalonde | Dentons, Toronto, Ontario, Canada |
Speakers
| Douglas Breithaupt | Justice Canada, Criminal Law Policy Section, Ottawa, Ontario, Canada |
| Timothy Cameron | Cravath, Swaine & Moore LLP, New York, New York, USA |
| Stéphane De Navacelle | Navacelle, Paris, France; IBA Council Member, Member Organisations |
| Nicholas Gould | Fenwick Elliott LLP, London, England |
| Stefan Hoffmann-Kuhnt | Pohlmann & Company, Montréal, Québec, Canada |
| Norm Keith | KPMG, Toronto, Canada |