Conference programme

Over 640 million Africans have no access to energy, this is an electricity access rate of just over 40%, the lowest in the world. Per capita consumption of energy in sub-Saharan Africa (excluding South Africa) is 180 kWh, compared to 13,000 kWh in the United States and 6,500 kWh in Europe. 418 million people have no clean drinking water and around 1 billion no cooking fuels. Africa accounts for 17% of the world’s population yet only 5.9% of the world’s energy supply. Africa produces only around 4% of the world’s GHG emissions. Access to energy is fundamental for health, education and to create jobs and economic opportunities. Within transition and carbon reduction objectives, Africa argues that one solution does not fit all and for the right to use its fossil fuels, gas in particular. What will be the future of the region least responsible for global warming and at the same time, the most vulnerable and least developed?

This session focuses on the role that alternative dispute resolution can play in improving access to justice. We know that people at social and economic disadvantage are also at disadvantage when it comes to accessing and exercising their legal rights. Often a distinct power imbalance exists which traditional methods of resolving disputes may not overcome. So how do we ensure that those people in economic hardship or with a physical or mental disability who cannot advocate as effectively as those with more means, can be on more of a level playing field? Alternative dispute resolution (ADR) offers a pathway; by shortening the time taken to resolve disputes, as well as reducing costs and the adversarial nature of proceedings. In addition, remote participation in ADR has broadened access and kept justice alive during the pandemic and has made it possible for people living in rural or regional areas, people with job insecurity who would otherwise find it impossible to take part in their cases in a traditional setting. But ADR does not completely eliminate inequality between parties. Indeed, power imbalances can continue to exist - whether it be in mediation, conciliation or arbitration. Furthermore, another criticism of ADR is that it lacks visibility, transparency and jurisprudence. Do we therefore need to re-think the status quo and look at expanding the options by creating new models and methods of resolving disputes? The session will ask questions about whether we need to innovate alternative dispute resolution to ensure that it is as accessible as possible; and address potential power imbalances between parties, and in appropriate cases, deliver the transparency that is needed.

A comparative approach of the major classical arbitration seats and the rising ones. The sessions will tackle the legal, cultural and practical hurdles encountered, the reasons why it remains challenging to litigate and arbitrate in these jurisdictions and why there are also many reasons to expect the best.

Part 2 - Social media: the part it plays in strategy (moderator – Deborah Farone)

We’ve all heard the words and know the platforms: LinkedIn, TikTok, Instagram, WeChat, but what works for lawyers? How can tools such as LinkedIn grow existing client relationships, garner new clients, and develop a reputation? We will discuss and uncover the latest techniques being used with each and demonstrate how they fit driving a law firm’s strategy.

With the adoption of national laws protecting whistle-blowers, companies must be especially careful in managing relationships with whistle-blowers and investigating their allegations. This panel will address how companies should address whistle-blower claims while also ensuring compliance with whistle-blower laws and anticipating investigations from enforcement authorities.
                                                               

We will deal with some of the main issues related to private funds

Environmental, Social, and Governance (ESG) considerations form part of a broader movement where a company’s stakeholders (e.g. current and prospective investors, customers and other counterparties) measure and evaluate the company based on its behaviours in the process of deciding whether to interact with the business or not. The importance of ESG to stakeholders is marking a paradigm-shift from a shareholder-centric to stakeholder-focused philosophies.  This panel will explore the ways that the ESG movement is or is expected to impact the corporate tax department, whether in the form of aligning tax strategy and risk management future investments with particular ESG elements such as a corporation’s sustainability strategy, transparency strategy, and overall tax integrity, environmental and social contribution.

One year and half after Russia’s full-scale invasion of Ukraine, the brazen breach of the UN Charter continues to pose a great threat to the rules-based international order, raising important questions on how the global rule of law can be defended and restored. From the pursuit of criminal justice for Russia’s aggression and atrocities, domestic prosecutions to the International Criminal Court and a prospective aggression tribunal, to the importance of upholding State responsibility and accessing remedy, reparations, and reconstruction through appropriate legal mechanisms. Including but not limited to international justice institutions - the European Court of Human Rights, the International Court of Justice and others – to the impact of sanctions, and revived interest in UN Security Council reform: what lessons can and should we learn? How should we think about reforming the existing rule of law and collective security architecture, including the UN Security Council, where Russia remains a permanent member? What should be the vision for the future role of the UN in upholding, maintaining, and restoring international peace? And what is the role of organisations such as the IBA in shaping the up the global rule of law?

Distressed M&A transactions arise when companies face debt and contingent liabilities that are too big or when markets are shut. These can be terrific opportunities to acquire at attractive pricing. However, making these investments requires speed, cash, clever tactics and an iron stomach to take risks, often without diligence. This panel of senior M&A lawyers and actual investors will elaborate on how these deals are done – investments in and mergers with overlevered companies, as well as taking control by buying or providing debt – walking through actual cases to demonstrate key factors and tactics for actual transactions.

The IBA's Future of Legal Services Commission will present its first annual heatmap reflecting survey results identifying key developments that will affect the future of legal services, along with updates on it's ongoing projects that respond to those developments, including on the Blueprint for Legal Education, Drivers of Change in the profession, and Attracting and Retaining Talent. The commission was created to ensure that the IBA is at the forefront of developments in the legal profession and to support it's members and the wider profession to identify, influence and respond to those developments.

The issue of climate change is affecting all parts of Society and the delivery of legal services within this ever-changing world is a huge regulatory and ethical issue.
 
The panel will discuss 3 distinct areas in relation to the lawyer competence, lawyer discipline and ethical rules surrounding the delivery of legal services against a backdrop of “greenwashing”. The conflict between the client’s interest and a lawyer’s ethical obligations will be discussed.

Access to finance and achieving the right finance strategy, is critical to enabling expansion and growth for business.  

This session will explore utilisation of the capital markets as an alternative funding vehicle for high growth companies. Our panel will provide insights from Euronext, issuers and bankers on the various listing venues available, trends and opportunities.

Given some of the challenges for high growth companies in accessing finance, our panel will discuss the opportunities offered via the capital markets as a growth tool. This will include an overview of some of the programmes offered by the exchanges which support businesses to gain a comprehensive understanding of how to raise strategic finance e.g. the Euronext TechShare and IPO ready programmes.

We will also hear the success stories of an issuer who has successfully used the capital markets as a source of raising finance for specific projects and what their strategic rationale for utilising this route was.

In addition, we will provide global insights from practitioners, both bankers and current and former officers of the Capital Markets Forum,  on trends and developments they are seeing as regards alternative listing venues. We will discuss what are the preparatory steps that should be undertaken before exploring such a listing and in particular, how practitioners can support their clients in becoming IPO-ready.

Water needs for agriculture can conflict with domestic needs and those of the environment. The problem is global in nature and exists in the developed world and in the developing work, and in water-constrained and water-plentiful environments. The panel will discuss challenges associated with providing enough water for the production of food, while preserving sufficient supplies for the environment and a thirsty populace.

This very dynamic and well-attended session enables you to select from a menu of hot topics in intellectual property, communication, media and technology sectors and participate in roundtable discussions. Topics of current interest are selected to stimulate a lively debate. Moderators on each table introduce the table topic and the participants do the rest. Background knowledge or experience within areas for discussion is not required. Our menu will include hot and "late-breaking" topics in the areas of intellectual property law, internet law and mobile technology, privacy and data protection, technology contracting and dispute resolution, arts law, media and space law. Discussion is usually around the interface of law, business, technology and culture, with a global focus. Many topics for discussion are often the subject of considerable public and media interest. In participating in the table topics, you will gain a deeper insight into these areas and be able to add your own comments. The format of the session is interactive networking. It will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them: please, do not forget your business cards and e-cards.

 
1. Moral rights 

‘Who’s afraid of droit moral?' Paris might be the birthplace of the moral rights of the author enjoying copyright protection but the concept is worldwide and enshrined in the Berne Convention. In some anglo-saxon jurisdictions a complete waiver of moral rights is sought. The panel will discuss the effect of such waivers, with specific focus on contracts in the entertainment and software industry. 

2. Distinct politics – politicians using music, names signs and logos 

Political parties and politicians also need to distinguish themselves by using names, signs, music and slogans, the panel will address how the IP law and public policies ruling the political campaigns are coherent or increases the chances of conflicts of laws and whether or not the actual conflicts could be solved?

3. Generative AI 

Generative AI systems pose intriguing questions to society and law. According to ChatGPT the current legal issues “include intellectual property rights, liability for AI-generated content, data privacy and security, transparency and explainability of AI systems, and ethical considerations such as bias and discrimination. Additionally, there are ongoing discussions around whether AI-generated works should be eligible for copyright protection and who should be held responsible for any potential harm caused by AI systems.” At the round table these topics, and especially copyright, data privacy and (product) liability, will be discussed. 
 

4. Emerging technologies and AI in healthcare and life sciences – IP, legal and ethical consequences

To discuss the legal, IP, regulatory and ethical implications and consequences arising out of the use of generative AI tools in the healthcare and life sciences areas. Generative AI is evolving rapidly with the release of ChatGPT, Bard, Claude, etc. As exciting as this technology sounds in terms of the endless opportunities, it poses a number of challenges, especially in the area of medicine, healthcare, life sciences and ownership of IP rights. This roundtable proposes to discuss all these aspects and more. 

5. The Importance of IP in the protection of traditional Knowledge and cultural expressions 

Traditional knowledge (TK) refers to the accumulated knowledge, innovations, and practices developed and preserved by indigenous communities and local cultures over generations.  

Traditional cultural expressions (TCEs) are the manifestations of traditional knowledge, folklore, and cultural heritage that are deeply rooted in the cultural and social identities of indigenous communities and traditional societies.  

Genetic Resources instead refers to material found in plants, animals, and microorganisms that possess genetic information of potential value.  

This session will focus on the intersection between Intellectual Property (IP), Traditional Knowledge, and Traditional Cultural Expressions (TCEs) Participants are invited to share and exchange views on  these issues including the protection of traditional medicine, appellations of origin, geographical indications and collective marks.

6. AI and the law: navigating the legal landscape of artificial intelligence with a media focus 

There are several legal issues that arise from the use of artificial intelligence (AI), including: 

• Liability: One of the main legal issues with AI is who is responsible if an AI system causes harm. Should it be the designer or developer of the AI system, the owner of the system, or the user of the system? 
• Intellectual Property: AI can create new inventions and works of art that may raise questions about who owns the intellectual property rights. For example, who owns the copyright to a song written by an AI system? 
• Privacy: AI systems can collect and process vast amounts of personal data, which raises questions about data protection and privacy. 
• Discrimination: There is a risk that AI systems can reinforce existing biases and discrimination in society. This raises questions about how to ensure that AI is developed and used in a fair and non-discriminatory manner. 
• Regulation: The rapid pace of technological change in the AI field means that existing regulations may not be adequate. This raises questions about how to regulate AI in a way that promotes innovation while also protecting public safety and other important values.

7. Recent developments in space law 

• On tourism in space.
• Ethics in space.
• Debris mitigation. 

Special areas:

• Dispute resolution.
• Arbitration for space law. 
• Space areas for dispute – ideas of solving them.

8. Copying anterior art work(s)

• Comment on the Warhol US Supreme court ruling and other jurisdictions rules.

What is a fake in art (and law)?  

• A new law is currently discussed in France and other jurisdictions rules.

9. Open banking 

At the crossroads of technology and financial regulation, open banking promises to change the way we interact with money, helping consumers gain better control and financial freedom through more flexible financial services powered by technological innovation.

Open banking, as a set of technologies, provides a method for an authorized party (like a fintech) to access a customer’s financial information (like its bank account) in the same way that the authorizing customer can, whether it is by looking at the information, or initiating payments on behalf of the customer.

The way in which countries have dealt with the regulatory challenges of this fast-changing environment is vastly different, and the success of any legal design over another to support the growth of this market while fostering financial inclusion and protecting consumers privacy is still yet to be determined.

This roundtable seeks to discuss:

• What is open banking.
• Regulatory driven and industry driven approaches to open banking.
• Evolution from open banking to open finance to open data.
• New capabilities of APIs, beyond payments.
• Points to consider when advising FinTech companies in the open banking sector.
• Privacy challenges on the implementation of an open banking environment.

10. Learning to be lawful: Understanding Competition Law in an Algorithmic Era

Implications of algorithms in terms of competition liability and the use of more advanced (i.e. machine learning) algorithms have been heavily debated since the publication of the final report on the E-commerce sector inquiry in May 2017 in the EU. Although the topic has been popular among scholars, there have been a scarcity of case law since then. However it seems that competition authorities have started picking up on harms to competition (and consumers) arising from algorithmic systems again. For example, in the paper that was published in 2021, the Competition Market Authority (UK) (CMA) reminded that they will 'monitor developments in the application of machine learning … to ensure that they do not lead to anti-competitive behaviour or consumer detriment' as part of the new ex-ante regime for digital markets. Recently the Korea Fair Trade Commission (KFTC) also decided that the technology platforms, Naver and Kakao, engaged in an unlawful algorithm manipulation.  In these cases the KFTC have also tested their abilities to detect and prove anticompetitive effects of algorithms.  

Some of the issues we propose to discuss:  

• The role of algorithms in anti-competitive practices (e.g. algorithmic collusion, exclusionary practices) and the main legal questions they pose for practitioners (e.g. liability).  
• The reasons of why there have been only a few cases on anticompetitive use of algorithms and whether KFTC's decisions can potentially turn the tide.  
• Advising clients on mitigation of risk associated with the use of algorithms. 

11. AI and data privacy / sports and e-sports data 

This round table would look at the treatment of personal data in the context of sports and e-sports, focussing on Project Red Card and claims that data companies are using players' personal data without the right to do so.  Speakers from the UK and one other jurisdiction (possibly North American) will outline arguments for and against the rights of players – and the interests of data, betting and gaming and e-sports companies.  With sports data at the core of huge business valuations, might data rights (rather than IP rights in databases) be the next battlefield? 

Advising clients on mitigation of risk associated with the use of algorithms. 

12. Auditing AI - How to address the risks of bias and discrimination in your AI tools 

As AI becomes more sophisticated, companies are increasingly relying on it to power everything from enterprise systems to marketing campaigns. However, several companies have been burned by AI products that have been released into the public and later demonstrated bias or discriminatory results (who remembers Microsoft’s Twitter chatbot?). In addition to the potential for legal liability, AI bias can also result in brand and reputational damage. To stay ahead of these issues, companies should be implementing programs to audit the use of AI in their tools.  In this roundtable, we will discuss the regulations and guidelines we can leverage to create frameworks for auditing AI,  the key stakeholders who should have a role in the process, and the checkpoints and checklists that companies are leveraging to help their teams understand how to identify and address these risks. 

13. Global tech legal showdown 

This session will look at the trends in global technology disputes with regional expert commentary into current litigation in UK, EU, US, Australia and Asia (Latam could also be included). The session will also provide some useful legal and practical insights for non-litigators –commercial tech lawyers on how to minimize the risk of their tech agreements being subjected to regulatory or court scrutiny.

14. Transactions in the Metaverse

• Same as in a “traditional” Internet environment?  
• How to best protect “ownership”.  
• Use of NFTs.  

Participant to the roundtable may expect to get a better understanding of the differences between transactions in the Metaverse and traditional transactions, including under the legal, operational and commercial angles. Also, the question of forum shopping is of a renewed acute nature, since transactions in the Metaverse are likely to see various Courts, in various countries, rule that they have jurisdiction over these cases, which is likely to lead to new difficulties. Participants will discuss how to tackle these aspects, after having also laid out the various use cases of NFTs. 

By engaging with experts and discussing these issues with other participants, they will be able to identify potential solutions to these challenges and gain a better understanding of how to navigate them.  Overall, the roundtable provides an opportunity for participants to deepen their knowledge of the metaverse and NFTs from a legal and operational perspective, learn about best practices, and network with other professionals in the field. 

15. Digital market act and digital service act: a blueprint for global digital regulation 

This table will discuss new EU legislation that has been adopted, and that is still in proposal stage, as part of the EU Digital Single Market and Digital Decade strategies, with an emphasis not only on risks but also opportunities, and the challenges presented to in-house lawyers. Laws discussed would include the DSA, DMA and AI Act, but also lesser-known laws like the Platform Work Directive and the proposals regarding product liability.

16. Low Earth orbit satellite services to rule the world?

LEO satellite constellations have the potential to provide connectivity in geographic areas which are hard to reach with fixed and terrestrial mobile infrastructure and also to provide services in jurisdictions with limited infrastructure. However, the operators of satellite constellations potentially face numerous legal challenges before they could be seen as significant competitors to terrestrial telecommunications infrastructure providers. Satellite constellations are subject to complex spectrum allocation, filing and coordination proceedings at international level and, subsequently, also to national spectrum assignment proceedings in order to become operational and enter the market. National security and cyber security risks, as well as potential requirements to comply with existing telecommunications infrastructure regulation, are also issues to be considered by LEO satellite operators and service providers.

Our hot topics roundtables are designed to be interactive - we host a series of tables where we discuss ‘late breaking’ topics in the areas of international sales, trade, franchising and product law and the topics are selected to be of current interest and likely to stimulate discussion and debate. Moderators at each table introduce and briefly discuss the table topic and then participants weigh in with their views. You have the opportunity to discuss three topics. We have scheduled turnover times when the participants change tables to move to the next topic of their choice. By participating in the table discussions, you gain a greater insight into these areas and the other participants and table moderators benefit from your comments. In a final wrap-up afterwards for all participants the moderators share the highlights of their tables. The session provides you with a great opportunity to meet many other lawyers and discuss topics of mutual interest with them. Many times at our session, participants meet lawyers from other countries who they keep in touch with for years to come. Every year our table moderators comment that they ‘learnt as much or more’ from the table participants as they themselves conveyed.

How successful are our systems and principles for securing justice both nationally and internationally, in peace and in conflict? Are the outcomes just? Are there novel routes to justice?