New technologies have evolved to make it possible to store data in an unprecedented manner. New asset classes, like crypto currencies and non-fungible tokens, have been created. Can old law apply to such new asset classes? This panel will explain how tax laws of the brick-and-mortar time are being applied to transactions in the blockchain and crypto world and, where available, which new laws or guidelines have been enacted to address the ever-changing universe of the internet, soon potentially a meta-verse.

Join us for a tour of the local aviation facilities.

Spaces are limited and are assigned on a first come, first served basis. Registration is only possible onsite, and registered conference delegates can sign up at the Speakers‘ Desk by the IBA Registration Desk.

For those who are registered, it is advised to be on the bus five to ten minutes before the departure time.

This session will present an update on the initial project of the ABA/IBA Joint Task Force on cross-border closing opinions. The ABA and IBA formed the Joint Task force to build upon work done under the auspices of the ABA, the IBA and others as well as a number of bar groups in several countries to improve the practices of lawyers in countries throughout the world relating to the giving of, and advising recipients of, closing opinions in cross-border transactions The initial project has focused on developing principles-based guidance on good practices for both opinion givers and opinion recipients for closing opinions in cross-border transactions.

Business sanctions against foreign parties are now a common method of seeking to change a foreign country’s behavior or its approach to other countries’ legal systems. These sanctions are often complex in terms of who they reach, and inconsistent between countries.  For example, a Company incorporated and operating wholly in Country A may be prohibited from taking certain actions by Country B’s sanctions laws when the Company in Country A is a wholly owned subsidiary of the Company in Country B. Country A, however, may disagree with Country B’s approach to sanctions and order all companies operating within its jurisdiction not to comply with Country B’s sanctions or face penalties or even revocation of the right to operate in Country A.  What’s a company to do? 
 
Practitioners in the sanctions area will discuss (1) known situations in which the position of one country on sanctions directly conflicts with the position of another country on sanctions, making certain parties unable to comply with one set of relevant country sanctions without violating those of another country, and (2) practical solutions or at least approaches for companies to minimize the risks associated with these conflicts.

This session will consider the following topics:

1. Elusive safe harbour: deciphering the contours of due diligence obligations to be carried out by intermediaries in order to avail legal insulation for third party content. 
2. From timebound takedowns to enabling identification of first originator of information: talking all things accountability, legitimate state action, curbs on free speech and right to privacy. 
3. Navigating legal complexities in the face of a labyrinth of jurisdiction specific laws - is the time ripe for harmonisation of laws? 
4. Categorization of intermediaries (including social media intermediaries) – need for a risk-based approach?
5. Regulatory shift towards personal liability regime for the officers of intermediaries: a desirable move?

The Arbitration Committee has launched a task force on uniform rules of privilege. This session will discuss the result of the works of the task force.

The session will examine the common considerations in hotel acquisition transactions on a cross-jurisdictional basis. In addition, the session will discuss some key elements and pit falls to consider in select jurisdictions. Generally, the session will focus on the potential considerations of a target hospitality operating asset that may arise or continue between signing and closing and how such considerations, risks and liabilities should be addressed by potential buyers and sellers in drafting the PSA; including governing brand relationships (management and franchise), employment considerations, underlying asset real estate considerations; mixed use and common area considerations, pre-existing liability, physical structural maintenance and repair issues, guest data protection exposure and intellectual property considerations.

This moderated panel will provide a range of perspectives on some of the key issues currently affecting mining in Africa, including environmental, social and other land justice issues in the mining sector and mine affected communities; the critical need to retain and maintain a social license to operate in Africa; the fact that Africa contains some of the key commodities for meeting projected worldwide demand for critical minerals; and the practical challenges of how to create effective government and community engagement and partnerships while avoiding the pitfalls of recourse to international arbitration.

The interactive panel discussion will cover the growing cross-jurisdictional requirements (regulatory, stock exchange driven and market-based) to include greater representation of women on boards of directors, the drivers of these requirements and how boards can meet (and are meeting) these requirements. This will include a discussion of process integration and strategies to grow the number of women on boards, and the responsibilities of decision makers and influencers as they relate to this necessary evolution.

YoungLawyersWhat is the regulation of legal tech and the blurred lines with traditional law? How are these “next-generation law firms” impacting young lawyers? What is gig economy’s impact on the future of the legal profession? These and many other related questions resonate on the way the law has been traditionally practiced. The rise of the gig economy and legal tech are on the cusp of transforming legal services as we know it, yet without a proper regulatory framework, the legal profession might render services that go awry in various jurisdictions. Further, this will have a significant impact on young lawyers’ careers and future lawyers. The “Uberisation” of legal services has also brought with it a proliferation in the number of platforms that cater to the consumers’ needs in the legal industry. Platforms such as Martindale, Goodlawyer, Avvo, Justia, Priori Legal and HireMeLegal, among many more, hope to target a more consumer/lawyer-friendly legal experience by enabling review systems, be it in the form of peers’ or clients’ input. However, are these platforms a boon or a doom? From both the regulatory and ethical vantage points, legal service platforms have countless benefits in enabling consumers access to justice, while concurrently raising serious legal and ethical considerations. This session will aim to bring together platform providers, senior lawyers and regulators to holistically discuss the pressing issue surrounding the legal tech revolution in the legal services realm, its regulatory and ethical implications on lawyers, particularly young lawyers, but also seasoned veterans, as well as these next-generation platforms on a current basis as benchmarks for thrusting the legal profession a step forward (or backward).

The session, supported by the Regional Fora of the IBA and with expert speakers from different sectors and organisations, will be focused in helping lawyers — even those not practicing in international trade — understand their role and the opportunities arising for them and their clients in the public and private sectors, from the implementation of free trade agreements and new regional economic communities.

As part of this session, specific attention will be put also on explaining the current situation of hot topics in international trade, such as e-commerce, investment protection and investor-state disputes, and on the relevance of sunset clauses contained in recently negotiated free trade agreements (e.g., the USMCA case, among others).

The transfer of criminal liability in the mergers and acquisitions context is a complex issue which can have significant implications for the entities involved. The Covid-19 pandemic has seen a rise in M&A activity, with due diligence often conducted in haste or in a more limited way. This session will look at the nature of issues that arise and how case law is evolving globally.

The IBA Judges’ Forum has organised a tour of the Wilkie D. Ferguson, Jr. United States Courthouse, taking place during the IBA Annual Conference.

Spaces are limited and are assigned on a first come, first served basis. Registration is only possible onsite, and registered conference delegates can sign up at the Speakers‘ Desk by the IBA Registration Desk.

For those who are registered, it is advised to be on the bus five to ten minutes before the departure time.

The tour will start at approximately 1030 shorty after arrival at the Courthouse and end at 1200 noon. Lunch at the Courthouse will be served immediately following the end of the tour.

DiversityInclusionHumanRightsNow that the pandemic is endemic, remote work issues have become vexatious for both employers and employees. Both employers and employees are struggling to make sense of today’s application of pandemic employment, immigration, compensation/benefits/rewards, tax, discrimination and diversity practices.

This panel will address those issues and offer both legal and practical solutions and best practices for employers in their quest to retain talent post-pandemic without compromising future business imperatives brought on by potential industry downturns. Employer compliance, business demands and employee health and welfare will be addressed by discussing risks and benefits, needs and wants, law versus policy and current employment practices against possible terminations. Immigration, tax, employment, and compensation/benefits issues have never been so complex.

This is a time to take stock of worldwide employment rules and practices and consider how the future of employment/immigration/tax law will adapt to a world in need of talent during a period of significant and likely continued uncertainty.

SustainabilityFocusRuleOfLawAt the 2021 IBA Global Showcase, Sanda Ojiambo, the CEO and Executive Director of the UN Global Compact sent a clear message to the international legal community: “We cannot deliver on the UN Sustainable Development Goals without peace, justice and strong institutions”. Although the legal profession has a role to play in the effective implementation of most, if not all, of the 17 UN SDGs, and their translation into ESG activity, UN SDG 16 covering "Peace, Justice and Strong Institutions” lies at the heart of the IBA’s mission. The business of law is not possible without the Rule of Law, which in its turn requires peace, justice and strong institutions.

This showcase session, presented by the IBA Section on Public and Professional Interest, will focus on how UN SDG #16 provides a golden thread that runs through much of the IBA’s activity. The session will be interactive and innovative, aiming to:

• pool the ideas relating to SDGs and ESGs discussed at other conference sessions held earlier in the week, and connect them to “Peace, Justice and Strong Institutions”; and 
• crowdsource the core content to ensure the IBA is actively collating key work on SDGs and ESG and sharing knowledge with members and others.

By drawing directly and immediately on the activities of IBA committees, sections and regional fora, we will build up a portrait of how the legal profession is contributing to UN SDG 16.

If you want to less talk and more action this is the session to be at! Contact us if you would like your IBA session or other committee activities to be part of this.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

An open meeting of the Taxes Committee held to discuss matters of interest and future activities.

An open meeting of the Alternative and New Law Business Structures Committee held to discuss matters of interest and future activities.