Final Programme - International Bar Association

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Working sessions – Wednesday 108 Speakers Yves Derains Derains & Gharavi, Paris, France Louis Flannery Stephenson Harwood, London, England Colin Ong Dr Colin Ong Legal Services, Bandar Seri Begawan, Brunei Josefa Sicard-Mirabal International Court of Arbitration, New York, USA Janet Whittaker International Centre for Settlement of Investment Disputes, Landover, Maryland, USA Coffee and tea breaks will be held between 1100 – 1130 and 1600 – 1630. To accommodate the flow of delegates through the Conference Centre please note the closest coffee/tea station to this session is in the foyer on Level 3. AuDITORIuM, LEVEL 3 How to go the extra mile: the lawyer’s guide to handling private clients Presented by the Individual Tax and Private Client Committee. Session Co-Chairs Leigh-Alexandra Basha Holland & Knight, McLean, Virginia, USA Edgar Paltzer Niederer Kraft & Frey, Zurich, Switzerland; Council Member, Legal Practice Division Christopher Potter Sete, Geneva, Switzerland No matter if you are a finder, minder or grinder, there are essential practice issues the private client lawyer will confront. This interactive roundtable format discussion will break down the essential elements of representing your client including: • how to handle existing private clients; • how to attract new clients directly or by referral; • how to be sure you get paid; • what if your client is up to no good? and • how to fire a client with style when you must. Speakers Bijal Ajinkya Nishith Desai Associates, Mumbai, India; Membership Officer, Individual Tax and Private Client Committee Carol Hogan William Fry, Dublin, Ireland Aldona Leszczynska-Mikulska Wardynski & Partner, Warsaw, Poland Coffee and tea breaks will be held between 1100 – 1130 and 1600 – 1630. To accommodate the flow of delegates through the Conference Centre please note the closest coffee/tea station to this session is in the foyer on Level 3. CONFERENCE ROOM 6, LEVEL 3 Hydraulic fracturing (fracking) – is it time to frack? Presented by the Water Law Committee. Session Chair José Luis Vittor Hogan Lovells, Houston, Texas, USA; Special Projects Officer, Water Law Committee What has become known by some as the ‘unconventional natural gas revolution’ has turned a shortage of natural gas into a large surplus and transformed the oil and gas business. This revolution has arrived at a moment when rising oil prices, sparked by community movements in the Middle East, and the need for resources after the tsunami in Japan, raised concerns on energy security. A boom in oil and gas production using hydraulic fracturing, or fracking, helped increase supplies, cutting prices dramatically while raising concerns around tainted drinking water. Fracking is the process of creating fissures or fractures in underground deep shale formations to allow natural gas to flow. This is typically done by injecting water, sand and other chemicals which are pumped under high pressure into a formation to create fractures. In response to growing public concerns and lawsuits, governments have responded by various means including moratoriums on fracking, increased study and specific regulations. This session will explore the legal and compliance issues associated with fracking, including the recent cases on fracking. The session will also focus upon the large water use required to frack and its potential impact on groundwater, local drinking water and the oil and gas industry. Speakers Shane Freitag Borden Ladner Gervais, Toronto, Ontario, Canada; Vice-Chair, Water Law Committee William V Killoran GE Oil & Gas, Florence, Italy Renzo Parodi GasAtacama, Santiago, Chile Camilo Vela Ecopetrol, Bogotá, Colombia Coffee and tea breaks will be held between 1100 – 1130 and 1600 – 1630. To accommodate the flow of delegates through the Conference Centre please note the closest coffee/tea station to this session is in the Wicklow Meeting Room corridor, Level 2. WICKLOW MEETING ROOM 5, LEVEL 2 Leadership: leading change in law firms Presented by the Law Firm Management Committee. Session Co-Chairs Máximo Luis Bomchil M & M Bomchil, Buenos Aires, Argentina; Senior Vice-Chair, Law Firm Management Committee Charles Martin MacFarlanes, London, England This session will discuss: • How is leading change different from or similar to traditional leadership models? • If law firms need to change, why do we often elect leaders who want to preserve the status quo? • One size does not fit all: how leadership needs change as situations change. • What do we need to do to shape new leaders for a changing business environment? • Case studies: merger; conversion from a partnership to an LLP; conversion from a family firm to an institutional firm. Speakers John Cronin McCann FitzGerald, Dublin, Ireland Daniel del Río Basham Ringe y Correa, Mexico City, Mexico; Council Member, Legal Practice Division Markus Hartung Bucerius Center on the Legal Profession, Hamburg, Germany Alan Hodgart Huron Consulting Group, London, England Lynn M McGrade Borden Ladner Gervais, Toronto, Ontario, Canada Lucy Scott-Moncrieff The Law Society, London, England David Temporal Venturis Partners, London, England Lisa Walker Johnson Walker Clark, Fort Myers, Florida, USA Coffee and tea breaks will be held between 1100 – 1130 and 1600 – 1630. To accommodate the flow of delegates through the Conference Centre please note the closest coffee/tea stations to this session are in the Foyer of Levels 2 and 3. WICKLOW HALL 1, LEVEL 2 Nanotechnology – the next environmental regulatory frontier Joint session with the Environment, Health and Safety Law Committee and the Technology Law Committee. Session Co-Chairs Lynn Bergeson Bergeson & Campbell, Washington DC, USA Eugene Smary Warner Norcross & Judd, Grand Rapids, Michigan, USA; Chair, Environment, Health and Safety Law Committee Increasingly, nanotechnology is the future of manufacturing. Nanotechnology is the science of using materials at an atomic or molecular scale to develop new products that are extremely small. As the use of nanotechnology has exploded in the last decade, a great deal of focus has been placed on its potential impact on the environment. Not only can nanotechnological innovations be harnessed to improve the environment, they can also cause unique environmental and health risks. Indeed, nanotechnology has given
ise to the concept of ‘nanopollutants’ and ‘nanowaste’. This panel will discuss the increasing focus of environmental and health regulations on nanotechnology and the important role regulatory law and policy is having on business, trade, and global competitiveness. Join us for a fascinating discussion of ‘what you cannot see can hurt you, but it can also help you.’ Speakers Lorraine Byrne Hewlett Packard, Dublin, Ireland Steffi Friedrichs Nanotechnology Industries Association, Brussels, Belgium Björn Hansen European Commission, Brussels, Belgium Diarmuid O’Brien Centre for Adaptive Nanostructures and Nanodevices, Trinity College Dublin, Dublin, Ireland Janusz Zielinski European Commission, Brussels, Belgium Coffee and tea breaks will be held between 1100 – 1130 and 1600 – 1630. To accommodate the flow of delegates through the Conference Centre please note the closest coffee/tea station to this session is outside Conference Rooms 1-5, Level 1. CONFERENCE ROOM 5, LEVEL 1 Negotiated M&A transactions: the complex, troubling provisions Presented by the Corporate and M&A Law Committee. Session Co-Chairs Jocelyn Kelley Blake Cassels & Graydon, Vancouver, British Columbia, Canada; Vice-Chair, Corporate and M&A Law Committee Sergio Sánchez Solé Garrigues, Barcelona, Spain; Vice-Chair, Corporate and M&A Law Committee This session will focus on negotiated M&A transactions (both privateprivate and public-private) and explore the more complex aspects associated with the purchase price (such as price adjustments, holdbacks, bank guarantees, and earn-outs) and indemnification (including limitations on liability). Our speakers will discuss and debate what is customary and non-customary in multiple jurisdictions and the key issues, pitfalls and best tactics for buyer and seller. Speakers Katarína Čechová Čechová & Partners, Bratislava, Slovakia Aslesha Gowariker Desai & Diwanji, Mumbai, India; Secretary, Current Legal Developments Subcommittee Sameer Huda Hadef & Partners, Dubai, UAE; Website Officer, Corporate and M&A Law Committee Roxana Kahale Kahale Abogados, Buenos Aires, Argentina; Council Member, Public and Professional Interest Division; Vice-Chair, Media Law Committee Charles Penney Addleshaw Goddard, London, England Paul White A&L Goodbody, Dublin, Ireland Damien Zoubek Cravath Swaine & Moore, New York, USA; Treasurer, North American Regional Forum Coffee and tea breaks will be held between 1100 – 1130 and 1600 – 1630. To accommodate the flow of delegates through the Conference Centre please note the closest coffee/tea station to this session is in The Forum on Ground Level. LIFFEY HALL 2, LEVEL 1 Port regulations and infrastructure/logistics Presented by the Maritime and Transport Law Committee. Session Co-Chairs Luke Chukwudi Ilogu Foundation Chambers, Lagos, Nigeria; Newsletter Editor, Maritime and Transport Law Committee Godofredo Mendes Vianna Kincaid, Rio de Janeiro, Brazil; Website Officer, Maritime and Transport Law Committee This session will deal with legislation and regulation related to the operation of public and private ports within different jurisdictions, including the pros and cons of governmental concession and private lease contract regimes including Build, Operate and Transfer (BOT) and similar options. The panellists will debate the most costefficient formulae for shipowners and ship managers when dealing with port operators worldwide in order to mitigate their risks and secure expedited loading/unloading routines under a multimodal perspective and also how to protect the relevant parties when drafting port service agreements. The session panel will include specialists representing the shipowners, cargo owners and terminal operators, with a view to providing potential and constructive insight towards the development of proactive port legislation and regulation, especially within the emerging economies. Speakers Marieke van den Dool Van Steenderen Mainport, Rotterdam, the Netherlands Marc Evertse Port of Rotterdam, Rotterdam, the Netherlands Vincent Foley Holland & Knight, New York, USA Andriy Kostin Pravo Law Office, Odessa, Ukraine Alistair Mackie Holman Fenwick Willan, London, England VJ Mathew VJ Mathew & Co, Cochin, India Coffee and tea breaks will be held between 1100 – 1130 and 1600 – 1630. To accommodate the flow of delegates through the Conference Centre please note the closest coffee/tea station to this session is in the Liffey Meeting Room Corridor, Level 1. Tea and coffee will also be served, during these times, in The Forum on Ground Level. LIFFEY MEETING ROOM 1, LEVEL 1 Public and private use of human rights: how can advocacy of human rights best be achieved in both spheres? Presented by the Human Rights Law Committee. Session highlighted as part of the President’s focus for the IBA Task force on ‘Challenges for the Legal Profession post Global financial Crisis’. Session Co-Chairs Ross Ashcroft Charles Darwin University, Darwin, Northern Territory, Australia; Secretary, Human Rights Law Committee Mimi Zou Oxford University, Oxford, England Human rights are not concerned solely with the sphere of public bodies. Today, more than ever, we are seeing human rights enter the domain of corporate liability and responsibility. Corporations, governments, intergovernmental organisations and nongovernmental organisations have all expressed the need to recognise, implement and advance human rights for all people. This may be part of an awakening to the realisation that a younger generation, often graduating from universities with embedded knowledge of human rights and social responsibility ideals, are seeking to work and improve the lives of others. This leads to a number of questions: Is the era of human rights enlightenment merely rhetoric that gives a positive image to the people in these organisations? Has litigation or advocacy seen a change in practice, or just a change in the rhetoric and paperwork of organisations and government practice or human rights beyond the political and academic discussions surrounding human rights? What positive and active steps can lawyers – either internally or from an external position – take to advance human rights in a proactive manner? This session will be run interactively through the use of several hypothetical situations. Speakers Piotr Chybalski Bureau of Research of the Chancellery of the Sejm, Warsaw, Poland Patricia Escalon ArtsCorp, Ipswich, Massachusetts, USA Dr Karen Spring CSU Landesgruppe, Berlin, Germany Working sessions – Wednesday 109
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Final Programme Official cOrpOrate
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Contents IBA staff In addition to t
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Introduction by The President of th
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Message from the Chair of the Legal
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RESPONSIVENESS STRATEGY PUGNACITY Y
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THE CHAMBERS DIRECTORIES “Where e
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Geraldine Kelly PRESIDENT DSBA www.
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Our interest is in your conflicts.
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Connecting you to the world Ireland
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Section and Committee information L
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Banking Law 37 Co-Chairs Michel Mol
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Law and Individual Rights Section 4
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Latin American Regional Forum 41 Co
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Professional Ethics 50-51 Council L
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Schedule of sessions by Committee C
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Information for newcomers • Enjoy
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Be a part of one of the longest est
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commercial acumen and practical kno
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Subject index A Accountancy, real p
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F Families children, representation
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hospitality 121 Litigation class/ma
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Stay up-to-date at the IBA conferen
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ARBITRATION SESSION AT BCDR-AAA OFF
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Final Programme - International Bar Association

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