Conference programme

The evidence shows that in most cases, and even where international arbitration disputes involve African parties, the seats for the international arbitration are likely to be London, Paris, New York or sometimes in Singapore with these cases being subject to either the rules of the International Chamber of Commerce (ICC) or the London Court of International Arbitration (LCIA). Is there the need for African countries to consider strengthening their national legal systems and mechanisms for commercial dispute resolution for purposes international arbitration at least when the parties are all African?

The session will explore the feasibility of strengthening these national rules for commercial dispute resolution or consider the establishment of a regional hub with the necessary international standards and and credibility to absorb some of the disputes in the future.

Artificial intelligence (AI) technology is revolutionising the IT ecosystem in unprecedented ways. With AI developers themselves struggling to fully understand the intricacies of their own model, AI’s inherent risks of unpredictability and bias pose challenges for lawyers and regulators alike. Regulators around the globe have responded with AI regulation but are also introducing new regulations that apply to technology contracting more broadly and which impact providers and users of technology in general. In this evolving landscape, companies need to re-evaluate their contracts. Are they still offering the right level of protection? Do the clauses function as intended? Do they address these new developments? The short answer is: likely not.

In this interactive session, leading industry experts and specialised lawyers will discuss the impact of AI and other regulations on contracts. Through real-world examples and contract clauses, they will guide you on how to update your contracts to meet the challenges ahead.

Forum shopping in insolvency proceedings—where debtors choose jurisdictions with favourable laws has sparked significant debate. Central to this is the Centre of Main Interests (COMI), which determines jurisdiction based on where the debtor regularly administers their interests.

Recent critiques highlight COMI's flaws, including inflexibility, susceptibility to manipulation, and uncertainty. Our experienced panellists will discuss recent and high-profile cross-border case law involving COMI, the strategies developed by stakeholders, and their impact on related restructuring and insolvency matters. They will also evaluate whether alternative concepts to COMI, as used by relevant courts, offer credible solutions or if they warrant criticism.

Whilst investigative journalists have often been instrumental in exposing cases of serious corruption, there are also many instances where this has not been the case. If individuals or businesses take action to protect their reputation from journalistic accusation, they are often accused of trying to ‘silence’ the media— is this a fair situation? Is the law positioned to, or capable of, adequately addressing these issues? Alternatively, does the law inhibit an open and free press, and are the impacts of investigative journalism overstated? The role of whistleblowers.

Is the situation in women’s boxing during the last Olympic Games a case of discrimination and harassment of female athletes, or are the allegations justified measures aimed at levelling the playing field in sports competition? This panel will also cover other current issues relating to women in sports and the associated legal implications: income (especially, how to accelerate equality), maternity, sexism, trolling.  

Mining is one of the most relevant industries in several Latin American countries. Over the recent years, regulations have increased and deals have become more sophisticated. Investments in the region need to deal with heavier regulatory requirements and increased competition. This panel will address some of the legal trends of the mining industry in the region considering energy transition aspects, the need of rare minerals, artificial intelligence, global climate effects and geopolitical concerns.

In this panel discussion we look at the growing role in non-bank financial institutions such as tech companies, credit funds, asset managers and insurers are playing in providing credit to the real economy and the financial sector. The panel will consider both opportunities and challenges this poses for the financial markets, including the impact it has on traditional players, how it might change both the mix of debt and the attractiveness of debt that is available (both private debt and public capital markets), and whether the rise of these alternative financiers poses a threat to financial stability. 

The international trade community is scrambling to recover and re-orient itself from the second Trump Administration's chaotic trade policy. It's January 2025 Inauguration Day "America First" Trade Policy, followed by multiple new tariff regimes, including the 2 April 2025 Liberation Day Reciprocity Tariffs, have altered unimaginably long-established multilateral and regional trade laws and norms. No country on earth is untouched by what has happened. 

Our expert panel will critically analyse (in a non-partisan, non-ad hominem manner) the implications of this policy for producer-exporters, buyer-importers, end-consumers, and governments. Does this policy spell the end of the GATT-WTO regime and major FTA relationships, such as USMCA (NAFTA 2.0)? Or, is it an opportunity to re-invigorate both, perhaps sans-America?
 
Our panel will focus on whether, how, and why (1) the blatant use of wholesale remedial tariffs that breach fundamental WTO principles and bound tariff obligations pose an existential threat to the rules based trading system, and (2) such tariffs may, paradoxically, catalyse a renewed interest around the world among governments and industry to re-dedicate themselves to GATT-WTO sanctioned trade remedies.
 
Our panel will address the perception that several high profile WTO disputes about the interpretation of trade remedy rules, especially those concerning AD, CVD, and safeguards, are insufficiently effective to deal with the trade practices of some WTO Members — such as industrial policy in China. Is that rationale, twinned with national security concerns, a justification for Trumpian tariff levies via unilateral trade remedies?
 
Our panel also will concentrate on how the lack of reforms for WTO rules (manifest in the failed Doha Round) has catalysed the evolution and mutation of trade remedies, and intensified their deployment, by key users. Whilst the WTO Dispute Settlement Body continues to generate important jurisprudence in defining and clarifying key concepts and parameters, there has been a surge of new forms of trade remedy tools – countervailing measures on cross-border subsidies, proliferation of “anti-circumvention” investigations, “particular market situation" inquiries, and — of course, America's use of its 1977 International Emergency Economic Powers Act (IEEPA), Section 232 of the Trade Expansion Act of 1962, and Section 30 of the Trade Act of 1974.
 
Are these legitimate responses to a vastly different trade world shaped by ever more powerful multinational corporations and state-backed industrial policies? Or are they regressive reactions that doom the liberalisation and development objectives of the founders of the 1947 GATT and 1995 WTO? Simply put, are trade remedies in a post-Liberation Day world a harbinger of a post-WTO world, a death knell for the multilateral trading system, or a welcome fillip for its reform?

An open committee business meeting where all members and Officers are invited to learn more about the current and upcoming activities and developments of the Committee.

An open meeting of the Professional Ethics Committee where committee members and those interested in joining the committee, are invited to learn more about the extensive activities of the committee, provide feedback and collaborate about new ideas and initiatives

Can restructuring tools really save corporate entities, and if they can, at what price to the junior creditors? 
This panel will consider a number of different restructuring tools in a number of different jurisdictions and consider:

•    the use of reverse vesting orders;
•    how are assets transferred and liabilities compromised?;
•    the involvement of the courts;
•    the increasing use of cross cram down powers in restructuring plans;
•    how courts approach the sharing of the restructuring surplus;
•    treatment of “ out of the money” creditors;
•    treatment of junior creditors who object to restructuring proposals.

The panel will have speakers from a number of jurisdictions including Canada, South Korea, England, and the Netherlands who will comment on the restructuring tools in their jurisdictions.

It is believed that around 10% of practicing lawyers globally are also involved in academia – whether as part-time lecturers or active researchers. This dual role brings unique challenges and opportunities. It is of particular interest to the Canadian market. This session will explore how legal professionals can balance their practice with teaching and academic work, highlighting the mutual benefits between academic insights and legal practice.

General counsel from some of Canada’s largest pension funds and their advisors will discuss the “Canadian Model” to investing and managing pension assets and what has made this distinct approach to pension fund management so successful.

Panellists will share their insights on the critical legal, risk management, and investment governance roles their teams play in their organisations’ direct global merger & acquisition, private equity, infrastructure, capital markets and real estate investing, as well as their perspectives on key market trends and developments.

With more vigorous enforcement at least in some parts of the world, what are the considerations for disclosing cartel conduct to regulators and filing for leniency? Are the increase of leniency programmes across the world and the proliferation of private damages actions in many jurisdictions affecting the cost-benefit analysis when deciding to file for leniency? What are regulators doing to uncover cartels ex officio (whistleblowing, active monitoring including using software tools) and are they pushing the boundaries of what constitutes cartel conduct such as indirect information exchange? 

This panel will explore artificial intelligence, and the impact it has on production and sale of hydrocarbons.

Climate change agenda and the increasing risk of natural disasters are becoming a relevant driver of infrastructure development public policies. In some jurisdictions, regulatory reforms are aiming at fostering higher climate resilience and adaptability in infrastructure projects and, on the preventive side, establishing decarbonisation goals. What are the different angles and approaches? How will these changes affect how projects are designed, built and operated? This session will discuss this. 

Artificial Intelligence offers massive potential as well as significant implications for increasing inequality. As a result, issues such as inclusivity and equitable access must be on the AI agenda. This session will review latest trends and developments in AI from a diversity and inclusion perspective, as well as relevant case law.