IBA Annual Conference Miami 2022

30 Oct - 4 Nov 2022

Rooms 230-231, Level 2

Session information

Conflict of laws in the international sanctions context

Thursday 3 November (0930 - 1045)

Rooms 230-231, Level 2
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Committee(s)

Litigation Committee (Lead)

Description

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.

Session / Workshop Chair(s)

Chris Helmer Miller Nash, Portland, Oregon, USA; Senior Vice Chair, Litigation Committee

Speakers

Daniel Fisher-Owens Berliner Corcoran & Rowe, San Francisco, California, USA
Michael Hales MinterEllison, Perth, Western Australia, Australia
Alexander Troller LALIVE, Geneva, Switzerland