Conference programme

The panel will explore critical challenges in today’s aircraft leasing environment, focusing on legal risk, enforcement difficulties, and the growing role of sustainability.

A key topic is the use of Article 83bis of the Chicago Convention, which allows an oversight transfer between states in leasing arrangements. While widely adopted, recent events have tested its effectiveness, especially where cooperation between authorities has broken down.
The panel will also examine repossession and enforcement issues, particularly under the Cape Town Convention (CTC). Recent cases highlight where legal tools like IDERAs have worked—and where gaps remain, especially in high-risk jurisdictions.

Finally, the session will address the rise of green leasing, as ESG requirements and environmental clauses become more common in lease contracts and financing structures.

This session will discuss the recent developments within land transports and containers.

Alliancing, partnering and collaborative contracts are gaining traction worldwide in the mining sector with the promise inter alia of reducing the incidence of disputes by aligning the incentives of different actors on projects and fostering a transparent and collaborative approach. Do these contracts, however, really give rise to fewer disputes? How do the disputes that do arise differ from those that are typically seen under traditional delivery models? Why are alliancing/partnering contracts facing a backlash in some jurisdictions that had previously embraced them? this session will discuss.

This panel will focus on how legal services can help all players involved in the organisation of a multinational World Cup. The discussion will bring attention to legal and business aspects related to the organisation of such a big and unique event that for the first time will be hosted in three different countries: Mexico, Canada and the USA.

This session will take a deep dive into the differences, if any, between the approach to advocacy for both dispute resolution methods

This session is intended for those in management, and/or those handling claims against law firms and lawyers, to consider:-

1.    Practical aspects of managing risk – what are the sources of liability for solicitors and legal professionals (e.g. negligence, breach of fiduciary duty, confidentiality breaches)

-    common causes of professional negligence claims:-

o    missed deadlines (e.g. limitation periods)
o    poor communication or advice
o    errors in drafting
o    failure to follow client instructions
o    conflicts of interest and failure to clearly identify who the firm is acting for

-    impact of liability on the firm (reputational, financial, regulatory)

2.    Mitigating risk through technology

-    document automation and error reduction

-    practice management systems for:-

o    key date tracking
o    time recording
o    file audits and workflows
o    client identification and conflict checks

-    use of AI for due diligence, contract review and client onboarding (KYC/AML)

-    cyber-security and data protection tools

-    risk of data breaches as a liability issue

-    risk of over-reliance on technology – need for human oversight

3.    The role of insurance coverage – overview of professional indemnity insurance

-    what does it cover and what are the limits/exclusions?

-    the importance of accurate proposal submissions

-    the claims process – what to do if something goes wrong

-    cyber-liability insurance is a growing necessity

4.    Training and culture
-    building a risk-aware culture within the firm

-    regular CPD and legal updates for all staff

-    supervision structures

-    encouraging early reporting of potential issues and near-misses

-    the role of knowledge management in reducing avoidable errors

A discussion around case studies focused on when and how law enforcement authorities will work constructively with private practitioners in securing recompense for the victims of fraud. Also on what goes wrong and why. Which jurisdictions get it right? Cases arising from Brazil, Mozambique, Malaysia will feature. This is the first part of a series of IBA ARC panels and papers which will focus on how we can get this right.

This session will explore the role of voluntary bars and assessment of purposes, including balancing the interests of lawyers as a profession and broader issues relating to their role in society.

This panel will discuss

a) unique and particular structuring considerations relevant to outbound Canadian pension plan investment and;

b) inbound regimes and advantages, whether embedded in domestic law or extended under treaties, for investment by 'Sovereign Wealth Funds' in various jurisdictions.

The rapid expansion of Artificial Intelligence (AI) in business presents both opportunities and challenges for corporations committed to respecting human rights. For example, while AI can enhance workplace safety and improve supply chain integrity, it also risks promoting discrimination and compromising employee privacy. This session will provide guidance to corporate lawyers to help clients avoid human rights pitfalls and harness AI as a force for good.

Shareholder involvement is a critical feature of many M&A transactions, yet in some cases, transactions may proceed with limited or no shareholder engagement.

This panel will examine the legal and strategic considerations surrounding shareholder involvement in both private and public M&A deals. Topics will include managing recalcitrant or dispersed shareholders in private companies, the legal thresholds for shareholder approval, and the influence of shareholder activism in public M&A. The discussion will explore how transaction structures can mitigate or require shareholder involvement, and the implications for deal certainty, timing, and execution.

What are the universal themes in the diverse justice systems and do they hold us together? Do laws such as laws from the East, Sharia law, customary law, Roman and common law solve universal problems in similar ways? What moral or legal force do they have?

The IBA Arbitration Committee has embarked upon a project to review privilege laws and practices around the world, with a view to discussing whether they can be harmonised so as to develop international standards for applying privilege in international arbitration.

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.