Conference programme

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

This sesion will be using SLIDO.  To participate go to SLIDO.com and enter the code: 1447129

Let's discuss what the legal profession should be doing to enhance its value proposition to those in the profession, those contemplating joining the profession and those who engage the services of the profession by developing and expanding the legal and non-legal skillsets of lawyers to equip them for the multi-faceted and global profession that lawyers operate in today and by creating a working environment that affords work life balance and a rewarding career so as to retain lawyers in the practice of law. 

This will focus on lawyers in private practice, in-house and, across all legal sectors and will discuss and aggregate the findings in the Panel Sessions earlier in the week at IBA Paris Annual Conference which address various facets of these issues. 

This SPPI Showcase promises to be a dynamic and interactive session bringing together the experiences of wide range of lawyers, young and senior, and those who rely on legal services. It is a must attend for those involved in law practice management and, in particular, if you are concerned to retain talent in these times of the Great Resignation.
 

A “SLAPP” suit is a “strategic lawsuit against public participation,” with the asserted purpose of attempting to silence freedom of expression by subjecting the speaker to an expensive and intimidating lawsuit. To this extent, protection of freedom of expression is seen in the human rights context. On the other hand, freedom of expression had never been absolute; other interests, such as protection of reputation from defamation, must also be balanced. As various governments have enacted or are being considered “Anti-SLAPP” statutes or regulations, designed to offer protection to preserve public dialog on newsworthy issues, there have also been instances of abuse. The issue crosses common law and civil law boundaries, and in some jurisdictions may have criminal law implications. The panel will discuss these issues in substantive terms and address the challenges facing bar associations in their role as defenders of the rule of law for their diverse constituencies.

The escalation of Russia's war in Ukraine has united many actors in the international community in seeking a path to criminal accountability for the crimes being committed– including through supporting prosecutions in Ukrainian courts; prosecutions in third states, including under universal jurisdiction; and an ongoing investigation by the International Criminal Court. These efforts have included a number of innovations, including tech-forward investigations and NGO-coordinated documentation efforts. Following a November 2022 UN General Assembly resolution, efforts are also underway to develop a reparations programme for losses sustained as a result of the conflict.
 
On this panel, we first discuss the accountability efforts in Ukraine, looking particularly at how they are serving victims, including victims of sexual violence and children. Panelists will explore whether the lessons learnt in the justice efforts in other conflicts have influenced best practices for investigations in Ukraine ¬– and conversely if the innovative approaches in Ukraine can be applied elsewhere.

The United Nations Commission on International Trade Law (UNCITRAL) at its 55th session in June 2022 approved the new and long awaited convention of judicial sales where our Committee has been involved in the drafting. We will explore the status of this new convention and what it means for arrests and attachments.

This aviation roundtable discussion is being led by industry experts and will cover global trends in aviation, repercussions to the industry and developments in finance and leasing laws.

This session will examine the issues impacting global supply chains in terms of conflict both in trade as well as on the actual battlefield, the trend towards regional blocs and “near” or “friend” shoring, and discuss solutions to assist global business operations.

We will comment on the different ESG regulations and the potential conflicts among them.

The session will discuss important legal developments related to cybersecurity and data privacy, including recent case examples and regulatory changes, as well as the role of counsel in preparing for and responding to cyber incidents. The session will also include a brief presentation of the IBA Cybersecurity Task Force’s report on best corporate governance practices by boards and senior executives in managing cybersecurity risks.

This is the Arbitration Committee’s traditional session that looks into the main developments of the year in investment arbitration.

What has happened in the last twelve months and where are we headed?

A discussion concerning war exclusions, international sanctions and related coverage issues.

Cineworld Group, the second largest movie theatre operator in the world with movie theatres in ten countries, filed proceedings to restructure over $5+ billion of liabilities in the U.S. and the U.K. The case was the largest chapter 11 proceeding to file in the U.S. in 2022 and proposed a $1.9 billion financing facility. This panel will discuss interesting issues raised in this complex, multijurisdictional restructuring.

Uncertainty is the new normal. Access to financing is unreliable and interest rates are high, commodities and product markets are disrupted by war and other geopolitical forces, governments are responding with sanctions and tightened FDI controls, new risks are spreading globally at a high speed. This panel is going to look for best solutions available in all phases of the dealmaking process, from pre-signing to post-closing. We will ask questions, such as how to bridge the valuation gap and manage other target risks, on-source financing creatively, prepare the deal terms and process to address regulatory risks and hurdles, and turn uncertainty into opportunity.

This session will examine trends and challenges for in-house and external counsel in addressing a multinational corporate investigation. Subjects to be examined include the preservation of the privilege, whistleblower protection, data-privacy and blocking-statutes

With the increased demand for minerals globally to supply the raw materials for technologies needed to address Climate Change, mining companies increasingly are being proactive on the issues of biodiversity, conservation and sustainability captured in the United Nation’s Sustainable Development Goals, the Convention for Biological Diversity’s 2020 Strategic Plan and the post-2020 global biodiversity framework discussed at the United Nation’s 2022 Biodiversity Conference in Montreal.  Differing types of mining across diverse ecological regions present a wide array of biodiversity and conservation challenges that tend to be sui generis, but the immutable fact is that the challenges cannot be ignored and must be addressed proactively, creatively and cooperatively, including through emerging net-positive policies and long-term planning for improved outcomes.  The challenges, which must be analyzed and understood on more than an individual footprint basis and in relative terms to other threats, often may employ established concepts of mitigation and offset commitments.  Mine reclamation (both contemporaneous and post-mining) and ultimate closure, meanwhile are best managed and planned based not only upon legal requirements, but also upon local engagement and science inputs to achieve self-sustaining ecosystems appropriate for the life zones impacted by mining operations.  This panel will explore emerging solutions to successfully overcome the challenges.

India continues to be one of the fastest growing economies in the world. The vision of the Indian government to achieve the GDP target of USD5 trillion by 2025 has seen several reforms in the existing law, improving ease of doing business and key investments in strategic sectors. India has one of the most vibrant start-up markets, with a fast maturing PE/VC industry. Data and technology are key drivers and concerns for the stakeholders. Manufacturing in identified areas is a priority and several initiatives have been taken to achieve this. India recognises the need to be at the centre of world trade and is embarking on the ambitious path of concluding free trade agreements with several countries and blocks to ensure key goods, parts and technology are available to Indian entrepreneurs and consumers while allowing greater opportunities for its domestic industry and workforce to operate at a global level. 

According to statistics the use of the internet has evolved rapidly in Africa. The continent had around 570 million internet users in 2022, a number that more than doubled compared to 2015. Nigeria, the most populous African country, concentrates the largest number of users. These amounted to over 100 million in 2022, followed by 76 million in Egypt and 41 million in South Africa. In recent years, improved telecommunication infrastructure and the rising mobile device adoption have boosted internet access in Africa. In turn, the growing internet accessibility has promoted digital activities and services, such as social media, online shopping, and mobile payments. Nevertheless, the continent has not yet achieved its full digital potential. Despite the rising number of users, the internet penetration rate stood at around 43 percent in 2021, below a global average of 66 percent. This session will discuss: 

• What is the current state of access to the internet in Africa? 
• How does it compare to other regions of the world? 
• What are the barriers contributing to low access of the internet in Africa? 
• Can access to the internet in Africa be designated a fundamental Human right with Constitutional guarantee? 
• Will the designation of access to the internet as a constitutionally guaranteed right solve the problem of low access? 
• How can this be redressed? 
• What are the implications if any and the way forward for improving access? 

This AF session seeks to interrogate whether access to the internet should be designated a fundamental human right and whether access to the use of the internet should be constitutionally guaranteed. 

When your name becomes your brand, you need to consider trademarks, reputation, goodwill and potential restraints and restrictions on use if you sell your business. This can have an emotional effect if you have to sell the rights in your name as part of your business. Increasingly with artists diversifying their names are becoming valuable brands and they are building product lines in fashion, cosmetics etc, what considerations should there be and we could also discuss image and likeness rights.

The tax consequences and planning opportunities for those relocating abroad.