IBA Anti-Corruption Committee Asia Conference

11 Nov - 12 Nov 2024

Session information

Should we prioritise collaboration or adversarial tactics when negotiating with regulatory enforcement authorities?

Tuesday 12 November (1630 - 1800)

Description

This debate will examine the most effective approach to negotiation strategies with regulatory enforcement authorities; specifically, whether collaboration or adversarial tactics should be prioritised. Advocates for collaboration argue that maintaining open lines of communication, transparency and cooperation with regulatory agencies can lead to more favourable outcomes, including reduced penalties, streamlined investigations and improved compliance measures. On the other hand, proponents of adversarial tactics contend that taking a confrontational approach, challenging regulatory interpretations and vigorously defending against enforcement actions can protect organisational interests and preserve legal rights. Through rigorous debate, case studies and real-world examples, the speakers will explore the advantages and disadvantages of each approach, considering factors such as legal risk, reputational impact and long-term relationship building with regulatory authorities. Join us as we delve into the complexities of negotiation strategies with regulatory enforcement authorities and seek to identify the most effective path forward for organisations facing compliance challenges.

Session / Workshop Chair(s)

Leopoldo Pagotto Freitas Leite e Avvad Advogados, São Paulo, Brazil; Member, Anti-Corruption Committee Advisory Board

Speakers

Haixiao Hellen Zhang ANJIE LAW FIRM, Shanghai, China
Kaku Hirao Nishimura & Asahi, Tokyo, Japan
Rima Mourad BSA Ahmad Bin Hezeem & Associates , Dubai, United Arab Emirates
Winston Paes Debevoise & Plimpton LLP, New York, New York, USA
Francesca Petronio A&O Shearman, Milan, Italy
Victoria Ting Setia Law LLC, Singapore, Singapore