IBA Annual Conference Toronto 2025
2 Nov - 7 Nov 2025
Session information
Hot topics in international commerce, trade, franchising and product law
Monday 3 November (1430 - 1730)
Committee(s)
International Commerce, Trade, Franchising and Product Law Section
(Lead)
International Commerce and Distribution Committee
International Franchising Committee
International Trade and Customs Law Committee
Product Law and Advertising Committee
Description
The annual hot topics discussion of the International Commerce, Trade, Franchising and Product Law Section, where we will discuss all the latest and ongoing issues in the world of international commerce, trade, and product law, in a roundtable format,
Topic 1:
Navigating the shifting landscape: global trends and enforcement in economic sanctions and export controls
This session will explore the rapidly evolving regulatory environment surrounding economic sanctions and export controls, with a focus on the growing complexity of multilateral regimes, divergent national approaches, and heightened enforcement activity. Key topics will include the extraterritorial reach of U.S. and EU sanctions, the impact of geopolitical conflicts, emerging technologies, and corporate compliance strategies to mitigate legal and reputational risk in an increasingly interconnected global economy.
Table moderators: Sophie Gabillot, Christophe Rapin,
Topic 2:
Trump tariffs and new trade deals
Exploring new trade deals like EU–Mercosur and UK-USA
Table moderators: Horacio A Lopez-Portillo, Riccardo Giorgio Cajola, Dalton James Albrecht
Topic 3:
Navigating the impact of the tariff war on commercial contracts
The “tariff war”, whereby tariffs are imposed by the US on different countries and whereby some countries have also imposed tariffs on the US, brings uncertainty to commercial contracts especially as the tariffs are changing by the day. It would be interesting to discuss the impact hereof on the supply chain, including how the changing tariff burden should be allocated in new contracts (e.g. via “unforeseen circumstances or change in law” clauses, via “MAE clauses”, “force majeure” etc.) and how to deal with the changing tariff burden in already existing contracts.
Table moderators: Giovanna Giacchero, Andrara Tiru, Martin Abadi
Topic 4:
Agentic AI transforming the practice of law
Agentic AI refers to advanced systems capable of autonomously performing tasks, making decisions, and interacting with environments beyond their initial programming. As businesses integrate agentic AI into product strategies and navigate new EU AI law requirements, understanding its practical uses is crucial. In the legal sector, agentic AI can automate document review, legal research, contract analysis, and predictive analytics, allowing lawyers to focus on higher-value work. However, its adoption raises challenges and ethical considerations. This roundtable aims to provide insights, share experiences, and offer practical guidance for effectively integrating agentic AI into legal workflows, highlighting its transformative potential.
Table moderators: Talha Salaria, Peter Wagner, Dietmar Huemer
Topic 5:
Best practices for handling customer data and cybersecurity measures in franchise and distribution systems
All franchise and distribution systems must prioritise the secure handling of customer data. This roundtable will examine protocols to ensure data confidentiality, integrity, and availability, including secure storage, encrypted transmission, and regular security updates. We will discuss routine audits to identify vulnerabilities and review compliance with data protection regulations like GDPR. The session will also address cybersecurity measures such as defending against malware, phishing, and ransomware, implementing multi-factor authentication, and maintaining regular data backups. Finally, we will explore the importance of a robust incident response plan to effectively manage and mitigate potential data breaches or security incidents.
Table moderators: Dagmar Waldzus, Arthur L. Pressman
Topic 6:
Managing brand reputational risk arising from political or social controversy
Brands today face heightened risks from political and social controversies due to increased connectivity and rapid information sharing. This roundtable will focus on strategies for managing and mitigating these challenges, emphasising the importance of protecting brand reputation. Participants will examine real-world case studies, exchange best practices, and discuss proactive steps to address potential issues before they escalate. The session will also cover how to respond effectively when controversies arise, ensuring clear communication and maintaining stakeholder trust. By sharing insights and practical approaches, the roundtable aims to equip brands with the tools needed to navigate complex social and political landscapes.
Table moderators: Silvia Bortolotti, Alan R Greenfield
Topic 7:
Will the Most-Favoured-Nation (MFN) clause remain in effect amid US efforts to dismantle it?
The US has advocated for the removal of the Most-Favored-Nation (MFN) clause in certain trade agreements. Recent free trade agreements indicate that MFN treatment is no longer automatically extended to other nations but is instead limited to the specific terms of each agreement. What does this shift mean for the future of global trade rules?
Table moderators: Martin Ibarra, Rene Medrado
Topic 8:
The future of cross-border e-commerce trade regulations
With the De Minimis scheme ending between the EU and the US in July 2024, and escalating regulatory scrutiny on Chinese shipments, the US introduced a major change on May 14, 2025: shipments valued at 800 USD or less from China and Hong Kong are now subject to a 54% tariff, with a fixed charge of 100 USD remaining in place — what are the implications for global parcel trade? At present, parcels account for approximately 20% of global trade, with shipments from China to the US alone valued at US 66 billion USD per year. How will these regulatory changes impact international e-commerce?
Table moderators: Yves Melin, Emilio Arteaga
Topic 9:
Challenges of product recalls and crisis management in global markets
Managing product recalls in an international context involves complex legal, logistical, and reputational challenges. This round table will focus on best practices and legal considerations for global recall strategies.
Key discussion points will include:
• cross-border coordination - harmonising recall procedures across jurisdictions with differing rules and timelines;
• legal Obligations and notification requirements - understanding mandatory reporting to authorities and consumers in various markets;
• risk mitigation and liability exposure - balancing transparency with limiting legal exposure and reputational damage;
• consumer communication and trust rebuilding - strategies for effective communication during recalls to maintain brand reputation.
Table moderators: Daniele Ferretti, Edona Vila
Session / Workshop Chair(s)
Martin Abadi | Borden Ladner Gervais, Toronto, Ontario, Canada; Special Projects Officer, International Commerce and Distribution Committee |
Dalton Albrecht AM | EY Law/DJA Legal Corporation, Toronto, Ontario, Canada; Member, International Commerce and Distribution Committee Advisory Board |
Emilio Arteaga | Vazquez Tercero y Zepeda, Mexico City, Mexico; Membership Officer, International Trade and Customs Law Committee |
Silvia Bortolotti | Studio legale Bortolotti, Mathis & Associati, Turin, Italy; Treasurer, International Franchising Committee |
Riccardo Giorgio Cajola | Cajola & Associati, Milan, Italy; Co-Chair, International Commerce and Distribution Committee |
Daniele Ferretti | Ferretti Firm , Montecatini Terme, Italy; Chair, Product Law and Advertising Committee |
Sophie Gabillot | Squair, Paris, France; Chair, Export Controls, Sanctions and Anti-Corruption Subcommittee |
Khong Aik Gan | Gan Partnership, Kuala Lumpur, Malaysia; Vice Chair, International Commerce and Distribution Committee |
Giovanna Giacchero | Bettini Formigaro Pericu, Milan, Italy; Deputy Programme Officer, International Commerce and Distribution Committee |
Alan Greenfield | Greenberg Traurig, Denver, Colorado, USA; Secretary, International Franchising Committee |
Dietmar Huemer | Huemer | Legal Solutions, Vienna, Austria; Vice Chair, International Commerce and Distribution Committee |
Martin Ibarra | Araujo Ibarra International Trade Consultants, Bogota, Colombia |
Horacio Lopez-Portillo | Lopez Portillo Consultores, Mexico City, Mexico; Diversity and Inclusion Officer, International Commerce and Distribution Committee |
Renê Medrado | Pinheiro Neto Advogados, São Paulo, Brazil; Co-Chair, International Trade and Customs Law Committee |
Yves Melin | Cassidy Levy Kent, Brussels, Belgium; Co-Chair, International Trade and Customs Law Committee |
Arthur L Pressman | Boston University School of Law, Other City, Massachusetts, USA |
Christophe Rapin | Kellerhals Carrard, Lausanne, Switzerland; Chair, Commodities and Derivatives Subcommittee |
Talha Salaria | Lawyers At Work, Bangalore, Karnataka, India; Vice Chair, India Working Group |
Peter Snell | Cassels Brock & Blackwell , Vancouver, British Columbia, Canada; Membership Officer, International Franchising Committee |
Andrada Tiru | Simmons & Simmons LLP, Amsterdam, Netherlands |
Pieter Tubbergen | Tremont Legal, Rotterdam, Netherlands; Senior Vice Chair, International Commerce and Distribution Committee |
Kendal Tyre | Nixon Peabody, Washington, District of Columbia, USA; Co-Chair, International Franchising Committee |
Edona Vila | Borden Ladner Gervais, Toronto, Ontario, Canada; Secretary, Product Law and Advertising Committee |
Peter Wagner | Jordan & Wagner Rechtsanwaltsgesellschaft mbH, Stuttgart, Germany; Webinar Officer, International Commerce and Distribution Committee |
Dagmar Waldzus | BUSE, Hamburg, Germany; Vice Chair, International Franchising Committee |