Daily Schedule of Sessions

Prague 2005 

International Bar Association Conference 

25-30 September 

Programme

Page 2 

PRACTICAL LAW COMPANY

IBA office 

In addition to the Association’s senior 

Officers, staff from the IBA office in 

London will be attending the 

Conference and would be happy to 

talk to delegates about any aspect of 

the Association’s work. 

Executive Director 

Mark S Ellis 

Deputy Director; Director of Marketing 

and Public Relations 

Tim Hughes 

Deputy Director – Policy Advisor / 

Head of LPD 

Annabel Dunster 

Managing Editor 

Paul Crick 

Head of PPID / Deputy Head of LPD 

Wendelien Brada 

Human Rights Institute Director 

Fiona Paterson 

Head of Conferences 

Julie Elliott 

International Bar Association 

10th Floor, 1 Stephen Street 

London W1T 1AT, UK 

Tel: +44 (0)20 7691 6868 

Fax: +44 (0)20 7691 6544 

www.ibanet.org 

Continuing Professional 

Development / Continuing 

Legal Education 

The Conference has been accredited 

for 24 hours of CPD/CLE by the Law 

Society of England and Wales, the 

New York State Bar and the State Bar 

of California. 

For delegates from other countries 

where CPD/CLE is mandatory, the IBA 

will be pleased to provide a Certificate 

of Attendance for this Conference. 

Subject to your Bar Association/Law 

Society, the Certificate may be used to 

obtain the equivalent accreditation in 

your jurisdiction. 

Certificates have been included in 

delegates’ bags, which they receive 

upon registration and can be 

authenticated by staff at the 

Registration Desk. 

Contents 

Messages of Welcome 4 

Daily Schedule of Sessions 7 

Information for Newcomers 19 

International Bar Association 21 

Showcase Sessions 22 

General Interest 25 

Working Sessions 

Legal Practice Division 27 

Public and Professional Interest Division 73 

General Information 83 

Venue Layout – Prague Congress Centre 85 

Social Programme 

Conference Events 89 

Committee Events 91 

Hotels 93 

Embassies and Consulates 95 

Exhibition 96 

Exhibition Plan – 2nd Floor, PCC 99 

Subject Index 101 

3 

Contents

Messages of Welcome 

Messages of Welcome 

From the IBA President From the Chair of the 

Legal Practice Division 

It is fitting that the IBA, the 

world’s largest international 

legal association, should choose 

to have its Annual Conference 

in Prague, a city with a 

venerable past, a thriving 

present and an exciting future. 

The IBA brings together a 

truly exceptional and diverse 

group of people, and I am 

delighted to welcome all of you to this year’s Annual 

Conference. I welcome in particular those who have 

not experienced an IBA Conference before. Please do 

feel free to talk to any of the Association’s Officers or 

a member of staff if you would like to learn more 

about the Association or if you want to get involved. 

All volunteers are welcome to contribute to the work 

of the Association and those who get involved find it 

extremely rewarding both professionally and 

personally. 

A year on from the launch of the restructured 

Association, much has happened. One achievement of 

which we should be particularly proud is our new Bar 

Issues Commission (BIC). Through the BIC, the IBA’s 

Member Organisations now have a forum to discuss 

issues of common interest. The BIC is organising a 

number of sessions here in Prague, which will be of 

interest not only to representatives of our Member 

Organisations but also to private practitioners with an 

interest in the profession’s global developments from 

a regulatory perspective. 

The programme offered to you in Prague is truly 

outstanding, and I take this opportunity to thank all 

those involved in making it happen. Take your time to 

peruse the programme: there is so much on offer we 

are spoilt for choice. I wish you a very pleasant week 

and look forward to talking with many of you in 

person. 

4 

Francis Neate 

President, International Bar Association 

The Legal Practice Division 

(LPD) has spent months 

putting together topical 

programmes for this year’s 

Conference in Prague which, 

you will see, provides an 

opportunity to reflect on an 

international scale challenges 

that we face in conducting our 

day-to-day practice. 

I draw your attention particularly to our Conference 

Showcase sessions, details of which can be found 

on pages 22 and 23. Of equal importance are the 

sessions run by the Sections, specialist Committees 

and working groups. 

Aside from the hard work at the Conference 

Centre, I do hope that you take full advantage of the 

varied social programme on offer. I was closely 

involved in the planning of the Gala Dinner and would 

urge you not to miss what will be a most spectacular 

evening. 

For those of you who are regular attendees, I look 

forward to seeing you again. For those attending an 

IBA Conference for the first time, I welcome you and 

hope that you get as much enjoyment professionally 

and personally from the IBA as I have over the years. 

A particular welcome goes to the scholars who join us 

at the Conference. I am confident that this will be the 

first of many Annual Conferences you will attend, so 

great is the benefit of attending. 

I wish everyone a fulfilling and enjoyable week. 

Michael J Reynolds 

Chair, Legal Practice Division

From the Chair of the 

Public and Professional 

Interest Division 

The Public and Professional 

Interest Division (PPID) 

provides sessions focusing 

on public and professional 

developments within the 

profession. We offer the 

opportunity to ‘give something 

back’, to contribute to activities 

that support, inter alia: human 

rights; bar issues; access to 

justice; judges; barristers; academics; women; 

young and senior lawyers; ethics; corporate social 

responsibility; law firm management; legal education; 

and the development of the legal profession. 

Do visit the IBA’s membership stand to learn how 

you can participate in the IBA’s work. Work doesn’t 

stop at the end of the Conference week, and your 

active participation in our activities will be welcomed. 

Aside from keeping up to date with developments, 

do bear in mind that attendance at the Conference 

can help with CLE credits. In your conference bag 

you will find a Certificate of Attendance, which I 

encourage you to get validated at the registration desk, 

so that you may obtain credits in your home country. 

I hope you have a wonderful week. 

L Thomas Forbes QC 

Chair, Public and Professional Interest Division 

The IBA would like to thank the following for their 

patronage of the Conference: 

Iva Brožová Chief Justice of the Supreme Court of the Czech 

Republic 

Carel Čermák Former Minister of Justice and former President 

of the Czech Bar 

Vladimír Jirousek President of the Czech Bar Association 

Pavel Rychetský President of the Constitutional Court of the 

Czech Republic 

From the Chief Justice of 

the Supreme Court of the 


It is a great honour to have 

the opportunity of addressing 

the participants of the 

International Bar Association’s 

Conference for two reasons. 

First, I am very much aware of 

the importance of the issues 

which make up the Conference 

programme. Secondly, we live in 

a complicated world today, a 

world of conflict between good and evil in which that 

conflict is becoming ever more intense, and evil hides 

behind good. In such a world, society is tempted 

to put restrictions on freedom that go beyond its 

fundamental meaning. It is obvious that freedom is 

not an empty notion, but a value of the greatest 

importance, defined by the protection of the rights 

and legitimate interests of the individual. 

The role of the lawyer is to protect the individual, 

and for this reason I am more than happy to offer 

my full support and best wishes to this year’s 

Conference being held in the capital of the Czech 

Republic. Moreover, I am sure that the unique beauty 

of Prague will further guarantee the Conference’s 

success. 

Conference Host Committee 

Chair 

Martin Šolc Kocián Šolc Balaštík 

JUDr. Iva Brožová 

Chief Justice of the Supreme Court of 

the Czech Republic 

Vladimira Glatzova Glatzova & Co 

Jan Matejcek White & Case 

Marek Procházka Procházka Randl Kubr & Partners 

Alexander Schwarz Gleiss Lutz 

Mikulas Touska Allen & Overy 

Josef Vejmelka Vejmelka & Wünsch 

Jana Wurstova Head of International Department, 

Czech Bar Association 

5 

Messages of Welcome

Page 6 

LEGALEASE

Daily Schedule of Sessions 


Working sessions will take place from 

0930 – 1230 and 1400 – 1700 at Prague 

Congress Centre (PCC), Corinthia 

Towers Hotel and Holiday Inn Hotel. 

Please refer to the location map and 

meeting room layouts for the PCC on 

pages 85 and 87. 

Coffee and tea break times: 

1045 – 1115 and 1515 – 1545. 

Committee business meetings 

discuss future activities; members and 

non-members are welcome to attend. 

With the exception of the Cultural 

Issues Programme ‘The importance of 

literature in the Czech Republic’, 

1400 – 1700, Monday 26 September, 

guests are not entitled to attend 

working sessions. 

Dress Code 

The dress code is casual for working 

sessions and smart casual for social events 

with the exception of the Gala Dinner at 

Prague Castle, which is black tie or 

national dress. 


Full details of all Conference and 

Committee events appear on pages 89 

and 91. 

All functions are open to delegates 

and registered guests. Tickets for social 

events, subject to availability, may be 

purchased from the IBA registration desk. 

* Indicates functions open to delegates 

and registered guests and for which 

there is no charge. Admission is by 

Conference badges. 

SUNDAY 

TIME EVENT LOCATION PAGE 

1000 – 1800 Registration 1st Floor, PCC 

1900 – 2230 Welcome Party Municipal House 89 

Scholarship Programme Prague 2005 

The following Conference scholarships have been awarded by the Legal Practice Division to lawyers under the age of 35, 

enabling them to attend this Conference: 

Anja Oberkofler, Austria 

Natallia Kazlouskaya, Belarus 

Simeon Iliev, Bulgaria 

Desislava Tabanlieva, Bulgaria 

Dominika Horvatova, Czech Republic 

Leto Aeolie Cariolou, England 

Jacques Andy Isabelle, France 

Thies Bosling, Germany 

Simone Hartwig, Germany 

Tomas Havelka, Germany 

Heike Lehmann, Germany 

Claudia Sebastiani, Germany 

Roland Stein, Germany 

Opening Ceremony 

Balint Bassola, Hungary 

Lea Feldmajer, Hungary 

Bernadett Karpati, Hungary 

Gediminas Almantas, Lithuania 

Radvile Balcikonene, Lithuania 

Akvile Bosaite, Lithuania 

Andrius Budvytis, Lithuania 

Robert Juodka, Lithuania 

Aurica Lefter-Barcaru, Moldova 

Wozciech Kawczynski, Poland 

Cristian Gavrila, Romania 

Theodor Catalin Nicolescu, Romania 

Alexandru Penescu, Romania 

MONDAY 26 SEPTEMBER 

0900 – 1000 

Congress Hall, PCC 

Master of Ceremony 

Martin Šolc Chair, Conference Host Committee 

Speakers 

Francis W Neate President, International Bar Association 

Michael J Reynolds Chair, IBA Legal Practice Division 

L Thomas Forbes QC Chair, IBA Public and Professional Interest Division 

Keynote Speaker 

Václav Klaus President of the Czech Republic 

The IBA is honoured that the President of the Czech Republic, 

Václav Klaus, has agreed to open the Conference. 

Václav Klaus has been one of Eastern Europe’s most influential post- 

Communist leaders. The first finance minister of the Czech Republic after 

the fall of Communism in 1989, Klaus became Prime Minister in 1992 and 

continued in the post after Czechoslovakia was dissolved (1993) and the 

Czech Republic became independent. He was elected Czech President in 2003. 

Delegates and their guests are invited to breakfast which will be served at the 

Prague Conference Centre from 0800 – 0900. Buses will transport delegates to 

the PCC from all the official Conference hotels (with the exception of The Holiday 

Inn and Corinthia Towers Hotel) at 0730. 

Liviu Diuzenus Petrina, Romania 

Amalia Oana Stoica, Romania 

Branislav Bogner, Slovak Republic 

Martin Maxa, Slovak Republic 

Peter Slezak, Slovak Republic 

Jana Stelbacka, Slovak Republic 

Carolina Just Miro, Spain 

Mercedes Romero Iglesias, Spain 

Bunafsha Gulakova, Tajikistan 

Hikmet Koyuncuoglu, Turkey 

Altan Liman, Turkey 

Melda Toprak, Turkey 

Maksym Hlotov, Ukraine 

7 

Daily Schedule of Sessions


MONDAY All day 


1030 – 1700 Financing access to justice Access to Justice Meeting Room A, 73 

Holiday Inn Hotel 

MONDAY Morning 

Privilege and professional secrecy Dispute Resolution Section Panorama Hall, PCC 31 

The obsessed litigant . . . how does one cope? Judges’ Forum Rhone & Rhine, 77 

Corinthia Towers Hotel 

0800 – 0900 Breakfast for delegates and registered guests Foyer, PCC 7 

0900 – 1000 Opening Ceremony Congress Hall, PCC 7 

1030 – 1230 Enforcement of EU law and competition law Showcase Forum Hall, PCC 22 

by private parties 

BIC welcome meeting Bar Issues Commission Club E, PCC 73 

Specialised intellectual property courts and Intellectual Property and Club D, PCC 49 

tribunals: global perceptions and a framework Entertainment Law 

to strengthen the enforcement of intellectual 

property rights 

Young lawyers’ introductory meeting Young Lawyers Club A, PCC 80 

1130 – 1300 International Bar Association Foundation International Bar Association Terrace 1, PCC 21 

Open Forum and Reception 

MONDAY Lunch 

1230 – 1400 Cultural Issues Programme lunch for guests General Interest Pod Kridlem 25 

MONDAY Afternoon 

European Forum lunch European Forum Suite 2, Corinthia Towers Hotel 89 

Senior Lawyers’ lunch Senior Lawyers’ Group Bellevue Hall, 89 


Women Lawyers’ lunch Women’s Interest Group Restaurant Gloria, PCC 89 

1400 – 1700 Advancing collective rights in international courts Indigenous Peoples Shannon & Clyde, 58 


8 

TIME TOPIC DETAILS UNDER LOCATION PAGE 

Compensation for management and directors in Business Organisations Meeting Hall I, PCC 28 

M&A transactions 

Complaints procedures and disciplinary Bar Issues Commission Meeting Room 4.2, PCC 74 

procedures 

Developments relating to investment funds in Investment Companies and Meeting Hall IV, PCC 41 

the emerging EU accession jurisdictions Mutual Funds 

Do all historic sites deserve preservation? Travel, Tourism and Club D, PCC 67 

Where do we draw the line between Hospitality Law 

contemporary developments and the needs 

of the past, and who decides? 

Doctors, nurses and scientists without borders – Immigration and Severn & Thames, 46 

international work visa options for health Nationality Law Corinthia Towers Hotel 

professionals and biomedical scientists 

EU accession – new risks Insurance Club H, PCC 41 

EU developments and accession issues and more Taxes Club A, PCC 64


MONDAY Afternoon (continued) 

1400 – 1700 Exclusive choice of court agreements: will the Litigation North Hall, PCC 33 

Hague Convention do for international litigation 

what the New York Convention did for arbitration? 

MONDAY Evening 

Internet governance: issues to be considered by Communications Law Meeting Hall V, PCC 48 

the World Summit on the Information Society 

Mergers: evidence and burden of proof Antitrust Small Hall, PCC 27 

Oil pollution – inexpensive prevention or a costly Maritime and Transport Law Conference Hall, PCC 61 

cure? The Prestige disaster revisited 

Product recycling and waste management Environment, Health and Club E, PCC 35 

obligations in the EU – risks and opportunities Safety Law 

Public-private partnership – the removal of European Forum Chamber Hall, PCC 69 

barriers 

Regulatory issues encountered by airlines in the Aviation Law Small Theatre, PCC 59 

new EU States 

Restructuring of the United Nations Human Rights Institute Vltava & Vistula, 

Corinthia Towers Hotel 75 

Revolution of the retired – the Prudent Person Banking Law South Hall, PCC 39 

Rule and pension funds 

Terrorism – constraints on the media Media Law Seine & Tiber, 52 


The impact of model laws on the legal principles Product Law and Advertising Terrace 1, PCC 57 

of civil law and common law systems 

The importance of literature in the Czech Cultural Issues Bar Association of the Czech 25 

Republic Republic 

The politically exposed person as looter: Part 1 Anti-Corruption Working Group Club B, PCC 75 

Women lawyers in international regulatory and Women’s Interest Group Meeting Room B, 80 

transactional counselling Holiday Inn Hotel 

1830 – 1945 Dispute Resolution Section concert and reception Church of St Simon and St Juda 91 

1900 Reception hosted by the Czech Bar Association Prague Castle 89 

and Czech law firms 

2000 Section on Energy, Environment, Natural Zofin 91 

Resources and Infrastructure Law dinner 

2030 Committees on Business Organisations and Mlynec 91 

Closely Held and Growing Business Enterprises 

joint dinner 

TUESDAY All day 


0930 – 1700 Conflicts of interest in the financial services Financial Services Section South Hall, PCC 39 

industry 

Development and marketing of hotels and Travel and Leisure Section Club B, PCC 66 

casinos in Eastern Europe 

Managing, motivating and developing your Law Firm Management North Hall, PCC 77 

partners 

9 




TUESDAY All day (continued) 

0930 – 1700 Public procurement United Nations and Other Meeting Room B, 79 

Worldwide Organisations Holiday Inn Hotel 

TUESDAY Morning 

Restrictive covenants in employment contracts Employment and Club E, PCC 44 

and other mechanisms for protection of Industrial Relations Law 

corporate confidential information 

0800 – 0930 American Bar Association breakfast General Interest Bellevue Hall, 25 


0930 – 1230 Buy-out of a private owner of a business Closely Held and Club D, PCC 30 

enterprise Growing Business Enterprises 

TUESDAY Lunch 

Cape Town: the practical details of the Aviation Law Seine & Tiber, 59 

Convention and how it impacts aircraft financings Corinthia Towers Hotel 

Cross-border real estate investment Taxes Club A, PCC 65 

Disability discrimination – EU Framework Discrimination and Severn & Thames, 43 

Employment Directive Gender Equality Corinthia Towers Hotel 

Displaced populations/displaced borders Indigenous Peoples Meeting Room 4.2, PCC 58 

Duty to deal with others – the limitations of Antitrust Small Hall, PCC 27 

competition law 

European Constitution Public Law Section Club C, PCC 63 

Investment treaty arbitration workshop Arbitration Meeting Hall IV, PCC 32 

Judicial oversight of director action: legal, Business Organisations Meeting Hall I, PCC 28 

management and investor perspectives 

Liability of pharmacogenomics Medicine and the Law Meeting Room 4.1, PCC 58 

National reconciliation: history and law Human Rights Institute Terrace 1, PCC 76 

Offshore tax sheltering schemes: fair means or Business Crime Vltava & Vistula, 30 

foul? Corinthia Towers Hotel 

Professional rules for in-house counsel Corporate Counsel Forum Panorama Hall, PCC 68 

Recent developments in maritime law around Maritime and Transport Law Conference Hall, PCC 61 

the world 

Russian oil and gas: security of investment and Oil and Gas Law Club H, PCC 38 

security of supply 

Telecommunications regulation and practice in Communications Law Chamber Hall, PCC 49 

the ten new EU Member States: progress and 

problems 

The politically exposed person as looter: Part 2 Anti-Corruption Working Shannon & Clyde, 75 

Group Corinthia Towers Hotel 

Use and abuse of IP rights on the internet Intellectual Property and Meeting Hall V, PCC 50 

Entertainment Law 

1230 – 1400 African Regional Forum lunch African Regional Forum Restaurant Gloria, PCC 89 

10 

Corporate Counsel Forum lunch Corporate Counsel Forum Bellevue Hall, 

Corinthia Towers Hotel 89 

Latin American and Caribbean Forum lunch Latin American and Suite 2, Corinthia Towers Hotel 89 

Caribbean Forum


TUESDAY Afternoon 

1400 – 1700 Bar office management Bar Issues Commission Severn & Thames, 74 


TUESDAY Evening 

Commercialising nanotechnology Technology and Meeting Hall V, PCC 53 

e-Commerce Law 

Cross-border acquisitions of franchise systems International Franchising Club D, PCC 55 

Distribution strategies and antitrust International Sales and Small Hall, PCC 56 

Related Commercial 

Transactions 

Economic impact of taxation of natural resources Mining Law Club H, PCC 38 

industries 

European application of the UNCITRAL Model Arbitration Meeting Hall IV, PCC 32 

Law on Arbitration 

Exploring the challenges for lawyers presented Money Laundering Directive Shannon & Clyde, 62 

by anti-money laundering legislation around Implementation Group Corinthia Towers Hotel 

the world; impact of the Third EU Money 

Laundering Directive and other international 

initiatives on lawyers 

International Criminal Court Human Rights Institute Small Theatre, PCC 76 

Litigators’ forum: the doctrine of economic Litigation Chamber Hall, PCC 33 

duress in business and commercial litigation 

Open business meeting African Regional Forum Meeting Room A, 68 


Open business meeting Latin American and Meeting Room D, 71 

Caribbean Forum Holiday Inn Hotel 

Protection and enforcement of unconventional Trademark Law Terrace 1, PCC 52 

trademarks 

Protection of investors’ rights in the light of European Forum Rhone & Rhine, 70 

recent developments in Russia Corinthia Towers Hotel 

Repossession war stories (and what changes, Aviation Law Seine & Tiber, 61 

if any, Cape Town would have wrought) Corinthia Towers Hotel 

Rules and models for cooperation and Corporate Counsel Forum Panorama Hall, PCC 69 

engagement of outside counsel 

Running your first cross-border M&A transaction Business Organisations Meeting Hall I, PCC 29 

Shipfinance: loans and securities Maritime and Transport Law Conference Hall, PCC 61 

Structuring international private equity Taxes Club A, PCC 65 

investments 

When the raid begins – crisis management Business Crime Vltava & Vistula, 31 


Young Lawyers‘ Writing Competition Final Negligence and Damages Club C, PCC 35 

1715 Newcomers’ Reception Exhibition Area, 2nd Floor, PCC 89 

1930 Intellectual Property and Entertainment Law Palffy Palace 91 

Committee dinner 

11 




TUESDAY Evening (continued) 

1945 Committees on Taxes and Individual Tax and Bellevue 91 

Estate Planning, Wills, Trusts and Succession 

joint dinner 

Committees on Communications Law and Belcredi 91 

Outer Space Law joint dinner 

2000 Aviation Law Committee dinner V Zatisi 91 

Investment Companies and Mutual Funds French Restaurant 91 


WEDNESDAY Morning 

0730 – 0930 Managing Partners’ Breakfast Law Firm Management Forum Foyer, 2nd Floor, PCC 78 

WEDNESDAY All day 


0930 – 1700 Aviation insolvency Insolvency, Restructuring and Conference Hall, PCC 47 

Creditors’ Rights Section 

Community Law – the role of clinical legal Legal Education and Club C, PCC 79 

education Professional Development 

Cross-border investigation of complaints of Employment and Meeting Hall IV, PCC 44 

harassment or violation of company ethics Industrial Relations Law 

or conflict of interest policies and corporate 

fraud, abuse and corruption 

Trust litigation from the beneficiaries’ perspective: Individual Tax and Estate Club E, PCC 64 

who can assert being a beneficiary of a trust? Planning, Wills, Trusts and 

Succession 

Why bigger is not always better – developing Law Firm Management North Hall, PCC 78 

and marketing the smaller firm 

WEDNESDAY Morning 

0930 – 1230 How far can laws reach? 

The problem of extraterritoriality Showcase Forum Hall, PCC 22 

12 

Anthrax, SARS and bioweaponry: Medicine and the Law Shannon & Clyde, 59 

is globalisation bad for your health? Corinthia Towers Hotel 

E-voting – have the Luddites won the debate? Public Law Section Vltava & Vistula, 63 


Gender and ethnicity in judges Discrimination and Severn & Thames, 43 

Gender Equality Corinthia Towers Hotel 

Give a winning presentation General Interest South Hall, PCC 25 

Innovative alternatives to bank borrowing Banking Law Small Theatre, PCC 39 

International media claims management Media Law Rhone & Rhine, 52 


Liability for professional malpractice: Negligence and Damages Seine & Tiber, 35 

how far will it go? Corinthia Towers Hotel 

Locate the loot: transnational asset tracing Family Law Chamber Hall, PCC 57 

Making institutional investment products Investment Companies and Small Hall, PCC 42 

available to a retail market Mutual Funds


WEDNESDAY Morning (continued) 

0930 – 1230 Multiparty dispute resolution in project-financed International Construction Meeting Hall I, PCC 37 

infrastructure projects: the role of the courts? Projects 

One year down the road – implementation and Environment, Health and Panorama Hall, PCC 37 

enforcement of EU environmental law in Safety Law 

accession states 

Privatisation in Africa African Regional Forum Club D, PCC 68 

Spectrum policy and planning: paradigms for Communications Law Terrace 1, PCC 49 

allocation of a critical limited resource 

Succession of family-owned businesses: Closely Held and Club H, PCC 30 

someday all this will be yours . . . Growing Business Enterprises 

Tax practice – ethical issues in transactions and Taxation Section Club A, PCC 64 

litigation 

Trafficking in humans for cheap labour and Travel, Tourism and Club B, PCC 67 

sex tourism Hospitality Law 

Use of expert witnesses in patent cases Patent Law Meeting Hall V, PCC 51 

1130 Committees on Maritime and Transport Law Vltava Boat & French Restaurant 91 

and Insurance Law lunch excursion 

WEDNESDAY Lunch 

1230 – 1400 Antitrust Committee lunch Zofin 91 

Asia Pacific Forum lunch Suite 2, Corinthia Towers Hotel 89 

Public and Professional Interest Division lunch Bellevue Hall, 89 


WEDNESDAY Afternoon 

1400 – 1700 Business model tax planning Taxes Club A, PCC 65 

Emerging issues concerning portfolio Investment Companies and Small Hall, PCC 42 

management, and other ‘hot topics’ relating Mutual Funds 

to investment funds 

Global business immigration update Immigration and Meeting Room 4.1, PCC 46 

Nationality Law 

Globalisation of a code of ethics Bar Issues Commission Severn & Thames, 74 


Good governance in the water sector Water Law Seine & Tiber, 39 


Giving legal opinions in a changing environment: Latin American and Small Theatre, PCC 71 

international financial transactions in Caribbean Forum 

emerging markets and comparative views 

Image rights, rights of privacy – opportunities Copyright and Chamber Hall, PCC 50 

and limitation Entertainment Law 

Investigations and enforcement proceedings: Securities Law Meeting Hall V, PCC 42 

what to do when the securities regulator 

comes calling 

Latest developments in the construction arena International Construction Panorama Hall, PCC 37 

Projects 

Liability of the directors – more challenges ahead European Forum Rhone & Rhine, 70 


13 

Daily Daily Schedule Schedule of of Sessions Sessions



WEDNESDAY Afternoon (continued) 

1400 – 1700 Litigators’ forum for corporate counsel Litigation Meeting Hall I, PCC 34 

Mediation and the law Mediation Club D, PCC 34 

NEPAD: the role of lawyers in the African African Regional Forum Vltava & Vistula, 68 

renaissance Corinthia Towers Hotel 

Private equity: what to do? What not to do? Private Equity Club H, PCC 29 

Termination and non-renewals of franchise International Franchising Terrace 1, PCC 55 

distribution and agency agreements 

The emergence of ‘dynamic packaging’ of travel Travel and Leisure Section Club B, PCC 66 

products: can the law keep up with this huge 

internet phenomenon? 

The impact of regional trade agreements on Trade and Customs Law South Hall, PCC 28 

business 

Victims and witnesses: serious violations of Human Rights Law Shannon & Clyde, 58 

humanitarian law – representation and Corinthia Towers Hotel 

compensation 

WEDNESDAY Evening 

1900 Art, Cultural Institutions and Heritage Law Dorotheum Tour & U Fleku 91 

Committee and European Forum tour and dinner 

1945 International Franchising Committee dinner Lvi Dvur 91 

2000 Arbitration Committee dinner ` French Restaurant 91 

THURSDAY All day 

Insolvency, Restructuring and Creditors’ Rights Mlynec 91 

Section dinner 

International Construction Projects Committee La Scene 91 

dinner 

Securities Law Committee dinner Zahrada v opere 91 

0800 – 1700 IBA golf tournament (tee-off time 0930) Darovansky Dvur Golf Course 89 


0930 – 1700 Current developments and fixed topics Taxes Small Hall, PCC 65 

THURSDAY Morning 

Digital rights management – wishful thinking Copyright and Chamber Hall, PCC 51 

or an (upcoming) revolution? Entertainment Law 

Old fashioned or new fangled? International Construction Conference Hall, PCC 37 

Which procurement route copes best when the Projects 

the going gets tough? 

Young lawyer associations‘ summit Young Lawyers North Hall, PCC 81 

0930 – 1130 IBA Open Forum Club C, PCC 21 

0930 – 1230 The European Court of Human Rights Showcase Forum Hall, PCC 23 

for the business lawyer 

14 

Aircraft crash litigation investigation techniques: Aviation Law Club A, PCC 61 

using computer and video simulations to 

recreate a crash and win a lawsuit


THURSDAY Morning (continued) 

0930 – 1230 Art collectors and collections: legal and fiscal Art, Cultural Institutions Museum of Decorative Arts, 48 

regime and Heritage Law Prague 

‘Beam me up, Scotty!’ Space tourism and its Outer Space Law Meeting Room D, 53 

technical, legal and regulatory aspects Holiday Inn Hotel 

Challenges for the risk insurance markets Insurance Severn & Thames, 41 

due to terrorism and the ‘war on terror’ Corinthia Towers Hotel 

Compensation for damage to the environment Mining Law Meeting Room B, 38 

caused by mining Holiday Inn Hotel 

Franchising in Eastern Europe International Franchising Seine & Tiber, 55 


Franz Kafka, The Trial, and the law Academics’ Forum Shannon & Clyde, 73 


Global business process outsourcing Technology and e-Commerce Club H, PCC 54 

Law 

Hollinger unbuttoned Securities Law Meeting Hall V, PCC 42 

Improving compliance and risk management Corporate Counsel Forum Rhone & Rhine, 69 

for the international business Corinthia Towers Hotel 

International adoption – the good, the bad Family Law Vltava & Vistula, 58 

and the ugly Corinthia Towers Hotel 

Private equity funds in Russia and Central and Specialised Investment Funds Panorama Hall, PCC 42 

Eastern Europe 

Recent developments in M&A law Current Legal Developments South Hall, PCC 29 

Sovereignty issues in litigation and arbitration Latin American and Small Theatre, PCC 71 

in Latin America Caribbean Forum 

Sporting events and the media Media Law Meeting Room 4.1, PCC 52 

The new EU – new immigration and cross-border Immigration and Club B, PCC 46 

employment rules Nationality Law 

The real estate boom in Central and Eastern Real Estate Section Club D, PCC 63 

Europe 

The world’s insolvency court? Insolvency, Restructuring and Club E, PCC 47 

Creditors’ Rights Section 

Tips for barbarians against the fall of the empire: Banking Law Meeting Hall IV, PCC 40 

how to protect your bank client against 

bankruptcy of megacustomers 

Use of independent experts in arbitration Arbitration Meeting Hall I, PCC 32 

1100 Committee business meeting Employment and Meeting Room A, 45 

Industrial Relations Law Holiday Inn Hotel 

THURSDAY Lunch 

1200 Litigation Committee lunch and excursion The Europe 91 

1230 – 1400 Banking Law Committee lunch Bellevue Hall, 91 


Legal Practice Division lunch Restaurant Gloria, PCC 89 

15 




THURSDAY Afternoon 

1400 – 1600 Insolvency reform in Eastern Europe Insolvency, Restructuring Club E, PCC 47 

and Creditors’ Rights Section 

1400 – 1700 Aviation roundtable Aviation Law Club A, PCC 61 

Developments in European disclosure requirements International Franchising Seine & Tiber, 56 

and news from around the world Corinthia Towers Hotel 

Dispute resolution clauses – a practical approach International Sales and Related Panorama Hall, PCC 56 

Commercial Transactions 

Due diligence in capital markets and other Securities Law Meeting Hall V, PCC 43 

financing transactions: the lawyer’s role 

Half-day excursion to Prague business process Technology and 54 

outsourcing provider e-Commerce Law 

Land transport and international supply chain Land Transport Meeting Hall IV, PCC 62 

logistics contracts: managing the risk 

Persuasive presentation techniques in IP litigation Intellectual Property and Club H, PCC 50 


Procuring GALILEO and making it work – Outer Space Law Meeting Room D, 53 

Europe installs its navigation satellites system Holiday Inn Hotel 

Sex discrimination in remuneration Discrimination and Vltava & Vistula, 44 

Gender Equality Corinthia Towers Hotel 

Succession and retirement issues for lawyers in Senior Lawyers’ Group Small Theatre, PCC 79 

private practice 

The globalisation of immigration law practice – Immigration and Club B, PCC 46 

managing outbound immigration projects Nationality Law 

The IBA Rules of Evidence five years later Arbitration Meeting Hall I, PCC 33 

Turn contacts into clients: five simple steps General Interest South Hall, PCC 25 

United Nations Norms on the Responsibilities of Corporate Social Responsibility Severn & Thames, 74 

Transnational Corporations and Other Business Corinthia Towers Hotel 

Enterprises with Regard to Human Rights 

1500 – 1800 IBA football match (kick-off 1600) Treninkove centrum AC 89 

Sparta Praha 

1600 Open business meeting: project updates and Insolvency, Restructuring and Club E, PCC 47 

future programmes Creditors’ Rights Section 

THURSDAY Evening 

1715 Young Lawyers‘ Reception Bellevue Hall, 89 


1930 Employment and Industrial Relations Law Kampa Park 91 


Insurance Law Committee dinner Palffy Palace Restaurant 91 

Maritime and Transport Law Committee dinner Hergetova cihelna 91 

Technology and e-Commerce Law Committee 

dinner French Restaurant 91 

2000 Immigration and Nationality Law Committee dinner V Zatisi 91 

16


THURSDAY Evening (continued) 

2000 Committees on International Sales and Related Mlynec 91 

Commercial Transactions and Product Law and 

Advertising joint dinner 

FRIDAY All day 

Committees on Travel, Tourism and Hospitality French Restaurant 91 

Law and Sports and Gaming Law joint dinner 

0900 International Construction Projects Committee The Drevcice 91 

excursion 

0930 – 1700 Civil litigation in Europe European Forum Conference Hall, PCC 70 

FRIDAY Morning 


0930 – 1230 Corporate criminal liability – the CEO in the dock Criminal Law Club B, PCC 30 

FRIDAY Afternoon 

Format rights in broadcasting Media Law Club D, PCC 52 

Group policies/third-party beneficiaries of cover Insurance Club E, PCC 41 

Illicit trade of art in Eastern Europe Art, Cultural Institutions Club C, PCC 48 

and Heritage Law 

Increase the value of current clients: General Interest Panorama Hall, PCC 25 

the R-A-I-N-B-O-W approach 

International corporate takeovers – pitfalls Business Organisations Club H, PCC 29 

and tips 

Managing and resolving disputes in IT Technology and Meeting Hall V, PCC 55 

transactions e-Commerce law 

Maritime lawyers – the new millennium Maritime and Transport Law Meeting Hall IV, PCC 62 

New York Convention workshop Arbitration Meeting Hall I, PCC 33 

Terms of trade: the status of CISG, INCOTERMS International Sales and Related North Hall, PCC 57 

and other model laws and contracts Commercial Transactions 

The challenges of introducing antitrust regimes Antitrust Terrace 1, PCC 27 

The impact on legal opinions of EU directives Banking Law Club A, PCC 40 

and regulations relating to insolvency 

1400 – 1700 The lawyer’s role in society: perception of Showcase Panorama Hall, PCC 23 

core values 

FRIDAY Evening 

1930 Gala Dinner Prague Castle 89 

17 


Page 18 

ALM

Enjoy access to a network of over 20,000 lawyers, 

judges and corporate counsel including partners 

from the world’s leading firms and counsel from 

virtually all the world’s leading corporations. 

Generate new business and learn quickly who are 

the best firms and lawyers to do business with in 

the world’s key cities. 

Discuss ‘hot issues’ and keep up to date on 

current legal issues at our wide range of 

conferences – earn your quota of CPD/CLE points. 

Learn about key developments, new legislation 

and real-world issues faced each day by lawyers 

internationally through our series of magazines and 

journals. Use our huge online library of articles 

and informed opinion on all legal specialisations. 

Please take your time to study the range of 

sessions that are taking place at the Conference 

so you can plan the best possible way to spend 

your time during the week – there are over 

150 sessions to choose from. The daily schedule 

on pages 8-17 will help you map out your time. 

Do take up the opportunity to step outside your 

practice area and broaden your knowledge by 

checking out some of the sessions tackling 

the wider global issues affecting the profession, 

as well as those of direct relevance to your 

practice area. 


the global voice of the legal profession 

Join the IBA today and reap the benefits of being part of 

the global voice of the legal profession 

Have your voice heard – be part of the debate 

on international law reform and make your own 

contribution to the advance of cross-border law 

reform. 

Show your support for rule of law and human 

rights around the world through the world body 

for your profession. 

Develop your knowledge and skills, interact with 

different cultures and make friendships that will 

last a lifetime. 

To find out more about IBA membership 

please visit the IBA stand in the Exhibition Area 

or contact the IBA Membership Department at 

member@int-bar.org 

WELCOME FOR NEWCOMERS 

Attending an IBA Conference is a unique experience and for those of you who are attending 

for the first time, the following hints and tips will help you get the most out of your week. 

NEWCOMERS’ RECEPTION 

You may find it beneficial to introduce yourself to 

the Officers of Committees you have an interest in, 

who will be more than happy to discuss any issues 

you may have about the IBA or the Conference 

itself. 

Make sure you visit the Exhibition Area during the 

week. There will be over 40 stands including the 

IBA stand where you can learn how to gain the 

most from IBA membership, find out all the latest 

information on the current work of the IBA and 

take time to familiarise yourself with the IBA 

website. 

Be sure to come along to the Newcomers’ Reception on Tuesday 27 September in the Exhibition Area, 

2nd Floor, PCC, where you can enjoy a drink and mingle with fellow delegates in an informal setting. 

It is also a great opportunity for newcomers to step outside their Committee 

gatherings and meet others from different backgrounds and cultures. 

19 

Information Information for for Newcomers 

Newcomers

International Practice 

Diploma Programme 

The International Practice Diploma Programme is a continuing legal 

education programme designed specifically to meet the needs of 

international practitioners throughout the world. 

Developed by the International Bar Association and The College of Law of England and Wales, the 

Programme will be of particular interest to newly qualified lawyers wishing to enhance their knowledge 

of particular areas of legal practice, and lawyers wishing to diversify their legal knowledge. 

The Programme’s flexible distance learning format and support structure mean that jurisdictional 

boundaries represent no barrier to successful completion. 

Previous entrants to the Programme include lawyers from every corner of the globe, from Australia and 

Argentina, to the USA and Uruguay. Contributors to the Diplomas include international law firms such as 

Allen & Overy LLP, Baker & McKenzie, Freshfields Bruckhaus Deringer and Debevoise and Plimpton LLP. 

The International Practice Diploma programme offers the following nine Diplomas: 

International Business Organisations 

International Mergers and Acquisitions 

International Competition Law 

International Joint Ventures 

International Intellectual Property Law 

International Arbitration 

International Capital Markets and Loans 

Human Rights Law and Practice 

Human Rights and Criminal Procedure 

Applications for modules commencing on 23 January 2006 are being accepted until 2 January 

2006. 

A limited number of scholarships are available to young, deserving lawyers who require financial assistance 

in order to participate in the Programme. For further details, please visit the IBA website. 

For more information, see www.ibanet.org or www.lawcol.org.uk or contact: 

Client Services Professional Development Department 

The College of Law, Braboeuf Manor 

Portsmouth Road, Guildford, Surrey GU3 IHA, United Kingdom 

DX: 2400 Guildford 

Tel: +44 (0)1483 460200 

Fax: +44 (0)1483 460306 

E-mail: ibapracticediploma@lawcol.co.uk


IBA Open Forum 

0930 – 1130 THURSDAY 

Club C, PCC 

Have your say 

An Open Forum with the IBA President, Chair of the Legal Practice Division, Chair of the Public 

and Professional Interest Division and the IBA Executive Director 

Have you ever wanted to know more about the internal workings of the IBA? 

Have you ever wanted to have some personal time with the IBA leadership? 

What was the restructuring about? 

What is the strategy for the future? 

Who really runs the IBA? 

Are there other questions you would like to ask? 

If so, this is your chance to put your questions to the IBA President, the Chairs of the Divisions 

and the IBA Executive Director. 

Don’t just wonder, come ask and influence those who are in the leadership roles of your 

Association. 

IBA MANAGEMENT BOARD 

Officers 

Francis W Neate President 

Fernando Pombo Vice-President 

Fernando Peláez-Pier Secretary-General 

Michael J Reynolds Chair, LPD 

David W Rivkin Vice-Chair, LPD 

Charles H H Lawton LPD and IBA Treasurer 

L Thomas Forbes QC Chair, PPID 

Martin Šolc Vice-Chair, PPID 

Robert Stein PPID and IBA Assistant Treasurer 

Other Members 

Emilio Cárdenas Co-Chair, HRI 

Richard Goldstone Co-Chair, HRI 

Akira Kawamura Chair, BIC, Bar Representative 

Hendrik Haag LPD Representative 

Sylvia Khatcherian LPD Representative 

Reinier Lock LPD Representative 

Anne Ramberg Bar Representative 

Sam Okudzeto Bar Representative 

George Seward Honorary Life President 

We look forward to seeing you there! 

IBA FOUNDATION 

The Foundation is committed to supporting the rule of 

law by grants and providing other assistance to a wide 

range of educational and other projects. 

Open Forum and Reception 

Following its annual meeting, the Foundation’s Trustees invite 

all Conference attendees to a special Open Forum to: 

learn about the work and mission of the Foundation; 

hear from some of our grant recipients; 

share your thoughts about specific needs or projects of 

which you are aware, and any areas of expertise you may 

be able to contribute to the Foundation’s activities; and 

tell us about other organisations with which you are 

associated, and opportunities for collaboration. 

After the Open Forum, please join the Trustees for coffee 

with the IBA leadership. 

1130 – 1300 MONDAY 

Terrace 1, PCC 

21 

International Bar Association

Showcase Sessions 

Showcase Sessions 

In addition to the practice-specific sessions detailed on the following pages, all delegates are 

welcome to attend the following sessions, which bring lawyers of all disciplines together. 

Enforcement of EU law 

and competition law 

by private parties 

Session Chair 

Jacques Buhart Herbert Smith, Paris/Brussels; IBA Nominations 

Committee 

EU law and competition law grant certain rights to private 

parties through directives and regulations as well as the 

European Union Treaty. Recently, many private parties seek 

damages for conduct in breach of competition law, such as 

cartels or abuse of dominant position, not only in the European 

Courts in Luxemburg, but also in national courts. The amount 

of damages awarded has substantially increased, but 

substantive and procedural difficulties remain. Also Member 

States and national authorities sometimes fail to implement or 

observe rules of EU law which private parties wish to enforce. 

Further, authorities and national courts may need guidance in 

the application of EU law and competition law when enforcing 

private rights. Private parties may also need to confirm or 

contest the validity of contractual provisions that may constitute 

illegal competition restrictions. 

This showcase discusses the channels available for private 

parties to enforce EU law and competition law, be it in relation 

to Member States, authorities or other private parties. 

Is such enforcement effective in practice? 

Are the rights and remedies of private parties sufficient? 

Are the channels available suitable for enforcement 

purposes? 

What common issues and problems arise in enforcement 

through such channels? 

Where are we going with private enforcement of competition 

law in the EU and US? 

What are the early-stage concerns in EU law enforcement in 

the new Member States? 

Speakers 

Emil Paulis Director, DG Competition, European Commission, 

Brussels, Belgium 

Christian Wik Roschier Holmberg, Helsinki, Finland 

Mark Brealey Brick Court Chambers, London, England 

Lloyd Constantine Constantine Cannon, New York, USA 

Tomasz Wardynski Wardynski & Partners, Warsaw, Poland 

Iñigo Igartua Gomez-Acebo Pombo, Barcelona, Spain; 

Vice-Chair, Antitrust 

1030 – 1230 MONDAY 

Forum Hall, PCC 

22 

How far can laws reach? 

The problem of 

extraterritoriality 

Session Co-Chairs 

Charles H Lawton Rio Tinto Plc, London, England; IBA Treasurer 

David W Rivkin Debevoise & Plimpton LLP, New York, USA; 

Vice-Chair, Legal Practice Division 

As globalisation continues to shrink the commercial world, 

governments and courts are increasingly seeking to extend their 

reach beyond national borders. The ever-widening scope of the 

activities caught in these jurisdictional battles is causing dismay 

within the international business community. From its origins in 

US antitrust law, many jurisdictions now impose the 

extraterritorial application of domestic law over a myriad of 

issues in the fields of banking, securities, transport, tax, 

telecommunications, trade sanctions and even human rights. 

Instances of states seeking to impose their domestic law on 

foreign trade are not hard to find. Apart from the well-known 

antitrust cases involving Boeing/McDonald Douglas, GE/ 

Honeywell and Microsoft, the US Helms-Burton Act, which 

imposes criminal liability on foreign nationals trading with 

Cuba, and the EC Privity Directive, which controls the holding of 

personal data outside the EC, have also caused consternation 

among companies operating outside the issuing jurisdiction. 

Arguably, Sarbanes-Oxley, dealing with securities law, and the 

OECD Convention on Bribery and Corruption are other 

examples of significant extraterritorial exertion. The US Supreme 

Court has also recently upheld an 18th century Act of the first 

US Congress, the Alien Tort Statute, as permitting US courts to 

hear human rights cases involving non-US citizens outside the 

US, although it significantly limited the application of the Act 

from what had been permitted by lower courts. 

While governments have an interest in effectively applying 

their laws, this trend also poses a threat to international trade. 

It creates a climate of uncertainty. It may expose companies and 

individuals to prejudiced and unfair treatment in foreign courts 

and can even result in companies facing conflicting legal 

requirements. The overall effect is to discourage overseas 

foreign investment which, in turn, leads to lower growth and 

lower employment. 

The speakers on this showcase will focus on the conflicting 

interests of the governmental and business communities and 

contrast the different approaches adopted in a variety of 

jurisdictions. They will analyse the applicable international law 

and suggest ways to minimise the risk of jurisdictional conflict 

by, for example, the application of the widely recognised 

principles of comity and forum non conveniens, better intergovernmental 

cooperation and the adoption of international 

treaties and standards. 

Keynote Speakers 

The Right Honourable Lord Peter Goldsmith QC 

Attorney General for England and Wales, London, England 

Dieter Lange Chairman, ICC Task Force on Extraterritoriality; 

Wilmer Cutler Pickering Hale and Dorr LLP, London, England

Speakers 

Nicola Bonucci OECD, Paris, France 

Thomas J Brandt Managing Counsel, Shell Oil Company, 

Houston, Texas, USA 

Justice Richard Goldstone Former Justice of the Constitutional 

Court of South Africa, Morningside, South Africa; Co-Chair, 

IBA Human Rights Institute 

Olivier Guersent Special Adviser to Competition Commissioner 

of the European Commission, Brussels, Belgium 

Simone Lahorgue Nunes General Counsel, Globo, Rio de 

Janeiro, Brazil 

Nicolai von Ruckteschell Senior Vice-President and General 

Counsel, Lufthansa, Frankfurt am Main, Germany 

Elpidio Villarreal Associate General Counsel-Litigation, Schering- 

Plough Corporation, Kenilworth, New Jersey, USA 

Judge Diane P Wood United States Court of Appeals, Chicago, 

Illinois, USA 

0930 – 1230 WEDNESDAY 


The European Court of Human 

Rights for the business lawyer 

Presented by the Human Rights Institute and European 

Forum 


Ambassador Emilio Cárdenas Former Permanent Representative 

to the United Nations for Argentina, Buenos Aires, Argentina; 

Former IBA President; Co-Chair, IBA Human Rights Institute 

Judge Elisabet Fura-Sandström European Court of Human 

Rights, Strasbourg, France 

In the wake of the abolition of totalitarian systems in Europe, 

the abuse of power by governmental institutions now may take 

place in the area of commercial activities. This session is an 

attempt to contribute to the development of the scope of 

protection offered to European citizens by the European 

Convention on Human Rights. The session shall examine: 

the structure, scope and role of the European Court of 

Human Rights; 

the extent to which the European Convention on Human 

Rights can go beyond traditional areas of rights’ protection; 

where it embraces corporate social responsibility issues and 

what role the European Court of Human Rights can play in 

the enforcement of corporate social responsibility schemes 

in the international business community; 

whether Convention rights can be used to challenge 

governmental and regulatory decision-making; 

what kind of protection is available under the Convention to 

employees and how can such protection evolve? 

an American perspective: regulation of business companies 

and MNEs using human rights jurisprudence. 

Speakers 

Patrick Doris Freshfields Bruckhaus Deringer, London, England 

Judge Elisabet Fura-Sandström 

Dr Birgit Spiesshofer Hengeler Mueller, Berlin, Germany 

Professor Andrzej Marion Świątkowski Professor of Law, 

Jagiellonian University, Krakow, Poland 

James Rayis PC Sokolow Carreras Lemoine & Partners, Atlanta, 

Georgia, USA 

0930 – 1230 THURSDAY 

Forum Hall – Parter, PCC 

The lawyer’s role in society: 

perception of core values 

Presented by Development of the Legal Profession and 

the Bar Issues Commission 


Malcolm Wallis SC Durban, South Africa; Vice-Chair, Bar Issues 

Commission; Council, Public and Professional Interest Division 

Lord Daniel Brennan QC Matrix Chambers, London, England; 

Co-Chair, Development of the Legal Profession 

Willem Calkoen NautaDutilh, Rotterdam, the Netherlands; 


This annual, highly interactive session allows experts, including 

Bar Leaders and leading individual legal practitioners, to address 

hot topics affecting the legal profession and the Bars. 

This year’s session will approach the lawyer’s role in society 

from the angle of the perception of core values in society. 

The session will focus on the legal profession’s core values as 

essential cornerstones of a just, free and democratic society. 

After years of discussion within the profession, this session will 

centre around a discussion, led by a journalist, in which 

representatives of the profession defend its core values to 

representatives of its clients and the media. 

Speakers 

Steve Lipin Former Editor, Wall Street Journal, London, England 

Stewart White Former Policy Director, Vodafone, Berkshire, 

England 

1400 – 1700 FRIDAY 

Panorama Hall, PCC 

23 

Showcase Sessions

Page 24 

PRACTICAL LAW COMPANY

General Interest 

Developing your practice 

Pippa Blakemore BSc PGCE, of the PEP Partnership, will be leading three separate sessions on ways 

in which your practice can be developed. 

Give a winning presentation 

By the end of the session you will have given a presentation in 

which you know how to: 

grab the audience’s attention for a wide range of audiences; 

keep your audience involved; 

make a complex legal lecture really interesting; 

deliver a pitch presentation; 

keep to time; 

handle awkward people; 

answer difficult questions; 

gain confidence; 

learn how to overcome your nerves; 

develop great voice projection and confident body language; 

use your notes and visual aids effectively; and 

convert all this hard work into new business. 


South Hall, PCC 

Turn contacts into clients: 

five simple steps 

This session will help you to: 

turn more contacts into clients; 

expand your practice into those areas you want; 

identify who you want to target and how; 

remember people’s names; 

know what to say after ‘Hello’; 

find a reason to keep in touch; 

give you a reason to telephone someone you have met; 

overcome your own resistance to following-up contacts; 

convey key messages about your firm; 

maintain a relationship – even with no work. 

AMERICAN BAR ASSOCIATION 

Breakfast 

Michael H Byowitz Chair, ABA Section of International Law 

Kenneth B Reisenfeld Immediate Past Chair and IBA Liaison, 

ABA Section of International Law 

Come and meet top American Bar Association (ABA) and 

Section of International Law leadership at a complimentary 

Welcome Breakfast sponsored by the ABA Section of 

International Law. 

Hear about the latest developments in ABA initiatives 

involving issues that affect our Profession and the Rule of Law. 

Information on upcoming ABA activities will also be provided. 

0800 – 0930 TUESDAY 

Bellevue Hall, Corinthia Towers Hotel 

talk about fees without embarrassment; 

allocate time to marketing productively; and 

win new business. 

1400 – 1700 THURSDAY 


Increase the value of current 

clients: the R-A-I-N-B-O-W approach 

Your current clients can be your greatest ambassadors and your 

greatest source of new work. We will develop strategies to: 

increase the quality and quantity of work from your clients; 

find out what clients want and expect; 

meet those expectations; 

make clients feel unique and special; 

provide ‘added value’; 

anticipate and prevent problems; 

deal with difficult clients; 

handle complaints productively; 

monitor client satisfaction; 

handle difficult fee discussions; 

cross-sell from your firm into the client; 

prepare a client relationship management strategy and plan; and 

implement your client relationship strategy. 

0930 – 1230 FRIDAY 


CULTURAL ISSUES PROGRAMME 

All delegates and their registered guests are invited to 

attend a Cultural Issues Group Lunch being held prior 

to the session in a restaurant at the Czech Bar. Places 

are limited, so ensure you book early. Tickets can be 

purchased at the registration desk. 

1230 MONDAY 

Pod Kridlem, Narodni 16 

The importance of literature 

in the Czech Republic 

One of the most celebrated authors in the history of the 

Czech Republic, Arnost Lustig, will give a keynote speech on 

‘The importance of literature in the Czech Republic’. 

Arnost Lustig is the first Czech writer to have been nominated 

for the Pulitzer Prize (for his novel Lovely Green Eyes in 2003). 

He is a two-time winner of the Jewish National Book Award, 

holder of Lifetime Achievement Karel Capek Award and other 

prestigious literary and film awards, including an Emmy Award 

as co-author of a screenplay for documentary Precious Legacy. 

Named Knight of the Order of Mark Twain, he was hailed by 

the Literary Review of London as ‘the best living Czech author 

. . . his work calls for the Nobel and all other literary prizes’. 

1400 MONDAY 

Bar Association of the Czech Republic, 

Narodni Trida 16 

25 

General Interest

Page 26 

LEGAL WEEK



Antitrust and Trade Law Section 

Antitrust 

Chair 

Stephen Kinsella Brussels, Belgium 

Mergers: evidence and burden of proof 


Bruno Ciuffetelli Hoet Peláez Castillo & Duque, Caracas, Venezuela; 

Senior Vice-Chair, Antitrust 

Neil Campbell McMillan Binch Mendelsohn LLP, Toronto, Ontario, 

Canada; Secretary, Antitrust 

Regulators and private practitioners face the challenge of proving 

the good and bad aspects of a proposed merger. The arguments 

supporting the definition of the relevant market, the dynamic of 

competition in a defined market, the barriers to entry and the 

economic and social efficiencies, need to be supported by evidence 

from customers and competitors. Regulators and practitioners from 

different parts of the world will be discussing issues related to 

various types of evidence and the standard of proof demanded in 

merger cases. 

Speakers 

The Honourable Judge Vaughn Walker United States District Court, 

San Francisco, California, USA 

Marcelo Calliari Tozzini Freire Teixeira e Silva Advogados, São Paulo, 

Brazil 

Ilene Knable Gotts Wachtell Lipton Rosen & Katz, New York, USA 

Thomas Mueller Wilmer Cutler Pickering Hale & Dorr LLP, 

Washington DC, USA 

Alan Ryan Freshfields Bruckhaus Deringer LLP, Washington DC, USA 

Michel Struys Allen & Overy LLP, Brussels, Belgium 

1400 – 1700 MONDAY 

Small Hall, PCC 

Duty to deal with others – the limitations of 

competition law 


Ronan Harty Davis Polk & Wardwell, New York, USA; Vice-Chair, 

Antitrust 

Gregory McCurdy Microsoft Corporation, Redmond, Washington, 

USA; Website Coordinator, Antitrust 

What limits can competition law place on freedom of association? 

Can companies be compelled to supply their competitors? Can they 

be forced to license their valuable intellectual property even though 

patents and copyrights give them the right to refuse to license it? 

When does refusal to supply constitute an abusive practice? 

Speakers will look in particular at the contrasting approach on 

different sides of the Atlantic. 

Speakers 

Lorena Boix-Alonso European Commission, Brussels, Belgium 

Robert D Joffe Cravath Swaine & Moore LLP, New York, USA 

J Bruce McDonald Deputy Assistant Attorney General, 

US Department of Justice, Washington DC, USA 

James McNasby Vice-President, Kraft Foods Western Group, 

Brentford, England 

John Thorne Senior Vice-President, Verizon Communications Inc, 

Arlington, Virginia, USA 

Deirdre Trapp Freshfields Bruckhaus Deringer, London, England 

0930 – 1230 TUESDAY 


Distribution strategies and antitrust 

Joint session with International Sales and Related Commercial 

Transactions. See page 56 for details. 

1400 – 1700 TUESDAY 


A LUNCH will be held for Committee members and guests. 

See page 91 for details. 

1230 WEDNESDAY 

Digital rights management – wishful thinking 

or an (upcoming) revolution? 

Joint session with Copyright and Entertainment Law. 


0930 – 1700 THURSDAY 

Chamber Hall, PCC 

The challenges of introducing antitrust regimes 


Cani Fernández Cuatrecasas, Brussels, Belgium; Newsletter Editor, 

Antitrust 

Pieter Steyn Werksmans, Sandton, Johannesburg, South Africa; 

Newsletter Editor, Antitrust 

Recent years have seen a dramatic growth in the number of 

jurisdictions worldwide with merger and antitrust laws. Many are 

based on the US or EU models or have gone for more tailor-made 

solutions. However, there are a number of challenges when seeking 

to introduce such laws into countries that have no well-established 

culture or tradition of antitrust control. The expert panel will draw 

on the experiences of regulators and practitioners to examine the 

pitfalls and opportunities, with particular emphasis on the countries 

of Eastern Europe including new entrants to the European Union. 

Speakers 

Dorothy Hansberry-Biegunska Wardyński & Partners, Warsaw, 

Poland 

Blanca Rodríguez Galindo Head of the International Relations Unit, 

European Commission, Brussels, Belgium 

George Metaxas Hogan & Hartson, Brussels, Belgium 

Arthur Braun Haarmann Hemmelrath, Prague, Czech Republic 

Stephen Weissman Howrey LLP, Washington DC, USA 

Josef Bednár Office for the Protection of Economic Competition, 

Prague, Czech Republic 

0930 – 1230 FRIDAY 


27 

Working Sessions Legal Practice Division


Trade and Customs Law 

Chair 

Debra Steger University of Ottawa, Ottawa, Ontario, Canada 

The impact of regional trade agreements 

on business 


Dan Horovitz Squire Sanders & Dempsey, Brussels, Belgium; 

Vice-Chair, Trade and Customs Law 

Brenda Swick McCarthy Tétrault LLP, Ottawa, Ontario, Canada; 

Secretary, Trade and Customs Law 

With 25 states sharing a market increasingly resembling that of a 

single state, the enlarged European Union far exceeds the scope of 

trade liberalisation originally envisaged by the GATT for regional 

trade agreements. There has been a remarkable proliferation of 

regional trade agreements in recent years, and countless new free 

trade agreements are being negotiated in Asia and other parts of 

the world. Not all of these initiatives meet the legal standards 

established by the WTO. Importantly, the Consultative Board of 

‘eminent persons’ appointed by the WTO’s Director General 

concluded recently that the proliferation of regional trade 

agreements could have a negative impact on the multilateral 

trading system. 

The panel of experts will assess the strategic implications for 

business of the explosion of regional trade and investment agreements, 

including the dramatic enlargement of the European Union. 

Speakers 

Petr Ondrusek Legal Services, European Commission, Brussels, 

Belgium 

Gerhard Erasmus TRALAC, Stellenbosch, South Africa 

Mauro Berenholc Pinheiro Neto Advogados, São Paulo, Brazil 

Juro Nakagawa Tokyo Keizai University, Tokyo, Japan 

Clifford Sosnow Blake Cassels & Graydon LLP, Ottawa, Ontario, 

Canada 

Anant Swarup Ministry of Commerce & Industry, Government of 

India, New Delhi, India 

Wang Xuehua Beijing Huanzhong & Partners, Beijing, People's 

Republic of China 



A DRINKS RECEPTION will follow the session in the Forum Hall 

Foyer, PCC. 


28 

Corporate Law Section 

Business Organisations 

Co-Chairs 

Jaime Carey Carey y Cía, Santiago, Chile 

John G Finley Simpson Thacher & Bartlett, New York, USA 

Compensation for management and directors 

in M&A transactions 

Joint session with Employment and Industrial Relations Law. 


Felix R Ehrat Bär & Karrer, Zurich, Switzerland; Vice-Chair, Business 

Organisations 

Salvador del Rey Cuatrecasas, Barcelona, Spain; Vice-Chair, 

Employment and Industrial Relations Law 

Incentives for management and directors very often play a crucial 

role in successful M&A transactions. Success premiums, retention 

packages and golden parachutes are well-known tools for 

ascertaining the full commitment of key individuals in a deal. 

As various highly publicised cases demonstrate, the risks of 

breaches of fiduciary duties vis-à-vis the company and its 

shareholders, conflicts of interest, reputation losses and even 

criminal charges are high. 

The speakers will examine employment matters to be reviewed 

before and after completion of a transaction, the intrinsic principle/ 

agency problems, corporate governance matters and incentives 

such as golden parachutes, success fees, long-term employment 

contracts, etc. 

Using case studies, the session will not only deal with these issues 

but will also shed light on existing factual and legal differences in 

various jurisdictions. 

Speakers 

Thomas Bücker Freshfields Bruckhaus Deringer, Frankfurt am Main, 

Germany 

Scott D Newman Kirkpatrick & Lockhart Nicholson Graham LLP, 

New York, USA 

John Farr Herbert Smith, London, England 

E Johan Lubbe Jackson Lewis LLP, New York, USA 

Lorenzo Olgiati Schellenberg Wittmer, Zurich, Switzerland 

Deborah Prince Tesco Stores Ltd, Cheshunt, England 

Chisako Takaya Mori Hamada & Matsumoto, Tokyo, Japan 

Els de Wind Van Doorne, Amsterdam, the Netherlands 

Gerlind Wisskirchen CMS Hasche Sigle, Cologne, Germany 

1400 – 1700 MONDAY 

Meeting Hall I, PCC 

A DINNER will be held for Committee members and guests. 


2030 MONDAY 

Judicial oversight of director action: 

legal, management and investor perspectives 

Joint session with Litigation. 


Samuel A Nolen Richards Layton & Finger PA, New York, USA; 

Secretary, Business Organisations 

Markus Koehnen McMillan Binch Mendelsohn LLP, Toronto, 

Ontario, Canada; Membership Officer, Litigation 

In most jurisdictions, the decisions of corporate directors are 

protected from judicial review by some variant of the business 

judgment rule. The corporate scandals of the last few years have 

subjected this rule to stress. 

This interactive programme will foster discussion between 

audience and panel members about developments in judicial 

review, the effect of these developments on management decisionmaking 

and what this portends for the investment and legal 

communities. 

Speakers 

The Honourable Myron T Steele Chief Justice, Supreme Court of 

Delaware, Dover, Delaware, USA 

John M Baker CP Ships Ltd, Gatwick, England 

Stefan Rützel Gleiss Lutz, Frankfurt am Main, Germany 

Martin I Kaminsky Pollack & Kaminsky, New York, USA 

Robert Němec Prochazka Rankl Kubr, Prague, Czech Republic 

0930 – 1230 TUESDAY 

Meeting Hall I, PCC

Running your first cross-border M&A transaction 


Per Berglöf Delphi & Co KB, Stockholm, Sweden; Vice-Secretary, 


Oliver Triebold Schellenberg Wittmer, Zurich, Switzerland; Website 

Coordinator, Business Organisations 

This session will be based on a case study directed at lawyers who 

are less experienced in cross-border M&A transactions and will 

demonstrate how a cross-border transaction is structured and how 

it is handled by the legal advisers for the purchaser and vendor. 

The session will comprise two parts, in which experienced lawyers 

in the M&A field will give their views on the following issues: 

Part I 

defining the role of the lead attorney and the relationship with 

in-house legal counsel; 

forming your cross-border legal team; 

use of local counsel; 

cross-border legal due diligence; 

structuring the acquisition agreement; and 

language and legal terminology. 

Part II 

conflict of laws; 

dispute resolution; 

purchase price definitions and calculations; 

structure of payment; 

representations and warranties; 

indemnities; 

competition issues; and 

signing and closing procedures. 

Speakers 

Graham Wladimiroff Akzo Nobel NV, Arnhem, the Netherlands 

Andrew Wigfall Nabarro Nathanson, London, England; Chair, 

Current Legal Developments 

Jeffrey Tindell Skadden Arps Slate Meagher & Flom LLP, New York, 

USA 

Vivien Chan Vivien Chan & Co, Shanghai, People’s Republic of 

China; Conference Coordinator (Asia), Business Organisations; 

Vice-Chair, Complex Acquisitions 

Ezra Davids Bowman Gilfillan Inc, Sandton, Johannesburg, South 

Africa; Vice-Chair, Current Legal Developments 

José Luis de Salles Freire Tozzini Freire Teixeira e Silva Advogados, 

São Paulo, Brazil 

Sascha Stepanova Kocián Šolc Balaštík, Prague, Czech Republic 

Sergio Sánchez Solé Garrigues, Barcelona, Spain; Newsletter Editor, 


1400 – 1700 TUESDAY 


International corporate takeovers – 

pitfalls and tips 

Joint session with Securities Law. 

Session Chair 

Paul White A&L Goodbody, Dublin, Ireland; Treasurer, Business 

Organisations 

This session will take the form of a worked example and discussion 

on issues arising in hostile and contested takeover situations. 

The session will deal with: 

defensive strategies for the target at pre-bid stage; 

procedural and substantive issues and requirements surrounding 

the approach; 

issues for the directors of the target (including what duties they 

owe to whom and how they deal with requests for exclusivity, 

recommendation, irrevocable commitments, break fees and 

costs); and 

post-acquisition issues such as buying out minorities and 

financing considerations. 

Speakers 

Christian Cascante Gleiss Lutz, Stuttgart, Germany; Vice-Chair, 

Mergers and Acquisitions 

Bonnie Greaves Shearman & Sterling LLP, London, England 

Chris Ashworth Ashurst, London, England 

John Williamson-Noble Gilbert & Tobin, Sydney, New South Wales, 

Australia; Vice-Chair, Business Organisations 

Hector Mairal Marval O’Farrell & Mairal, Buenos Aires, Argentina 

Private Equity 

Chair 

Gisele Rosselle White & Case LLP, Brussels, Belgium 

0930 – 1230 FRIDAY 

Club H, PCC 

Private equity: what to do? What not to do? 

Session Chair 

Gisele Rosselle 

The following hot topics in private equity will be explored: 

new and innovative products and trends in types and sectors of 

private equity investment; 

the impact of capital adequacy rules on private equity; 

how to deal with financial assistance challenges; 

stapled finance in private equity transactions; 

new trends in exit routes; 

the rise of the secondaries market – evolution or flash in the pan? 

new incentives for private equity managers; 

managing conflicts of interest; and 

learning lessons from mistakes in the past. 

Speakers 

Marie-Annick Peninon-Bernard EVCA, Brussels, Belgium 

Bo Söderberg Nordic Capital, Stockholm, Sweden 

Filippo Cardini TowerBrook Capital Partners (UK) LLP, London, 

England 

Vivian Chan Vivian Chan & Co, Hong Kong SAR; Vice-Chair, Asia 

Pacific Forum 

Richard Hall Cravath Swaine & Moore LLP, New York, USA 

Stuart L Mills Kirkland & Ellis International LLP, London, England 


Club H, PCC 

Current Legal Developments 

Chair 

Andrew Wigfall Nabarro Nathanson, London, England 

Recent developments in M&A law 

Session Chair 

Andrew Wigfall 

The session will consider recent changes in M&A law and practice 

throughout a number of jurisdictions. 

Speakers 

Ellisa Habbart Delaware Counsel Group LLP, Wilmington, Delaware, 

USA 

Alberto Echarri Mullerat, Madrid, Spain 

Richard Fens DLA SchutGrosheide NV, Amsterdam, the Netherlands 

Martin Šolc Kocián Šolc Balaštík, Prague, Czech Republic; Vice- 

Chair, Public & Professional Interest Division 

29 

Legal Practice Division


Gareth Driver Werksmans Inc, Sandton, Johannesburg, South 

Africa 

Sakate Khaitan ALMT Legal, London, England 

Philip Henderson Stikeman Elliott, Toronto, Ontario, Canada; Vice- 

Chair, Business Organisations 

0930 – 1230 THURSDAY 


Closely Held and Growing 

Business Enterprises 

Chair 

Beat M Barthold Froriep Renggli, Zurich, Switzerland 



2030 MONDAY 

Buy-out of a private owner of a business 

enterprise 


Beat M Barthold 

Alberto Navarro G Breuer, Buenos Aires, Argentina; Secretary, 

Closely Held and Growing Business Enterprises 

This session will address the following: 

exit strategies of private companies; 

dealing with and relationship with other private shareholders of 

the business enterprise and its management; 

conflict of interest situations related to the private owner; 

responsibilities and liabilities of the private owner as manager as 

well as shareholder of the business enterprise; 

minority protection; and 

insider dealings. 

Speakers 

Beat M Barthold 

Alberto Navarro 

Charles D Schmerler Fulbright & Jaworski LLP, New York, USA 

Susanne Margossian Cabinet Cimadevilla, Paris, France 

Thomas Kaiser-Stockmann Mannheimer Swartling, Berlin, Germany 

30 

0930 – 1230 TUESDAY 

Club D, PCC 

Succession of family-owned businesses: 

someday all this will be yours . . . 


David O’Donnell Mason Hayes & Curran, Dublin, Ireland; 

Vice-Chair, Closely Held and Growing Business Enterprises 

James Chatfield Rawlinson Butler, Crawley, England; Vice-Chair, 


This session will focus on the complex set of options that family 

businesses face when addressing succession. 

Peter Leach, chairman of the BDO Centre for Family Business, is 

one of the UK’s leading experts in the field of family business. Peter 

will share his experiences and views on the challenges of succession 

and offer practical insights to business lawyers as to the role they 

might play in developing and monitoring the implementation of a 

succession plan. 

Alex Scott, chairman of Sand Aire Investment, is involved in 

strategic family wealth management. Alex will give us a practical 

insight into the sale of family businesses, based on his experience of 

leading the sale in the mid-1990s of his family business, Provincial 

Insurance, which was founded in 1903. 

A case study of a family business will be presented at the session 

and will give the audience an opportunity to discuss succession 

issues. 

Speakers 

Peter Leach Chairman, BDO Stoy Hayward, London, England 

Alexander Scott Chairman, Sand Aire Investment Management, 

London, England 

Stephan H Coonrod Preston Gates & Ellis LLP, Seattle, Washington, 

USA 

James O’Neal Rutan & Tucker LLP, Costa Mesa, California, USA 



Robert Falvey Minter Ellison Rudd Watts, Auckland, New Zealand 

Criminal Law Section 


Club H, PCC 

Corporate criminal liability – the CEO in the dock 

Session Chair 

Bruce Maloy Maloy & Jenkins, Atlanta, Georgia, USA; 

Chair, Criminal Law 

This session, calling upon the experience of lawyers who have 

prosecuted and defended corporate criminal cases, will examine 

current trends in corporate criminal prosecutions, theories of 

corporate liability, and the decision-making process in bringing 

charges against entities as well as individuals in these complex 

matters. 

Speakers 

Carmen Dowd Crown Prosecution Service, London, England 

Jorge Nemr Leite Tosto e Barros, São Paulo, Brazil 

François Serres François Serres & Associates, Paris, France 

William R Mitchelson Alston & Bird LLP, Atlanta, Georgia, USA 

Business Crime 

0930 – 1230 FRIDAY 

Club B, PCC 

Co-Chairs 

Ben Brandon Chambers of Clive Nicholls QC, London, England 

Stéphane Bonifassi Lebray & Partners, Paris, France 

Offshore tax sheltering schemes: 

fair means or foul? 

Session Chair 

Peter Binning Corker Binning UK, London, England; Vice-Chair, 


As offshore tax sheltering schemes increase in sophistication, and 

revenue services and regulators grow ever more aggressive in their 

pursuit of the authors and beneficiaries of such schemes, are 

business crime lawyers required to become tax experts? This session 

examines the interaction between tax law and criminal law, the 

opportunities for cooperation between lawyers and experts alike, 

and discusses recent innovations in the criminal justice systems of a 

number of countries that permit the prosecution of such schemes. 

Speakers 

Maurice Martin Tarlo Lyons, London, England 

Justin A Thornton Law Offices of Justin Thornton, Washington DC, 

USA; Vice-Chair, Business Crime

Marc Henzelin Lalive Avocats, Geneva, Switzerland 

Roberto Pisano Astolfo Di Amato e Associati, Milan, Italy; Secretary, 


Jana Felixova Felix A Spol Attorneys at Law, Prague, Czech Republic 

Oonagh Vaucrosson Department of Public Prosecutions, Hamilton, 

Bermuda 

0930 – 1230 TUESDAY 

Vltava & Vistula, Corinthia Towers Hotel 

When the raid begins – crisis management 

Session Chair 

Stéphane Bonifassi 

A company has been raided by a regulator, the police or a 

prosecutor’s office. 

This session will discuss cutting-edge tactics deployed by lawyers 

(either external or in-house) in the immediate aftermath of a raid 

on the following issues: 

organising the defence of the company; 

possible coordination of company defence with independent 

lawyers for employees or directors; 

dismissal of employees or directors; 

conducting internal investigations; 

preparing employees for interviews with external investigators; 

internal communication; 

dealing with the media; and 

negotiations with third parties. 

These tactics will be discussed in practical and problem-oriented 

presentations. 

Speakers 

Dan Conaway Conaway & Strickler, Atlanta, Georgia, USA 

Rod Fletcher Russell Jones & Walker, London, England 

Ira Nishisato Borden Ladner Gervais LLP, Toronto, Ontario, Canada 

Kai Hart-Hoenig Rechtsanwalt, Wiesbaden, Germany 

Clemente Perrone Da Zara Parmalat SpA, Parma, Italy 

Criminal Law 

1400 – 1700 TUESDAY 


Chair 

Bruce Maloy Maloy and Jenkins, Atlanta, Georgia, USA 

Trafficking in humans for cheap labour and 

sex tourism 

Joint session with Travel, Tourism and Hospitality Law. 



Club B, PCC 

Locate the loot: transnational asset tracing 

Joint session with Family Law. See page 57 for details. 



International adoption – the good, the bad 

and the ugly 

Joint session with Family Law. See page 58 for details. 

0930 – 1230 THURSDAY 


Dispute Resolution Section 

Privilege and professional secrecy 

Joint session with the Corporate Counsel Forum. 

This session will compare the rules protecting communications with 

lawyers. The first part will discuss the model followed in most civil 

law countries, in which lawyers and clients are bound by rules of 

professional secrecy, and communications between opposing 

lawyers are confidential – and the status of company lawyers in that 

regime. The second part will address the common law model, in 

which the rules protecting communications between lawyers and 

clients are shaped by intrusive discovery and questioning in court. 

The third part will address EU law, with special attention paid to 

the exclusion from protection of communications with lawyers 

employed by a corporate client and with lawyers who do not 

belong to a member-country Bar. 

I The Civil Law Model 


Martin Bernet Schellenberg Wittmer, Zurich, Switzerland 

Dominique Brown-Berset Lalive, Geneva, Switzerland; Co-Chair, 

Arbitration 

professional secrecy; 

confidentiality among lawyers; 

the status of the company lawyer; and 

the physical reach of professional secrecy. 

Speakers 

Sabine Lochmann Johnson & Johnson, Paris, France 

Osvaldo Jorge Marzorati Allende & Brea, Buenos Aires, Argentina; 

Council, Legal Practice Division 

Bernhard Meyer-Hauser Meyer Müeller Eckert Partners, Zurich, 

Switzerland 

Lubos Tichy Squire Sanders & Dempsey LLP, Prague, Czech Republic 

II The Common Law Model 


José Astigarraga Astigarraga Davis, Miami, Florida, USA; Vice-Chair, 

Arbitration 

Nicola Mumford Wragge & Co LLP, London, England; Co-Chair, 

Litigation 

intrusive discovery; 

attorney-client communications – legal advice privilege; 

litigation privilege – work product immunity; 

the English Three Rivers decision; 

Section 1782 of the US Judicial Code (discovery in aid of 

proceedings abroad); and 

the impact of Sarbanes-Oxley and similar legislation. 

Speakers 

Katherine Birmingham Debevoise & Plimpton LLP, London, England 

Philip Croall Freshfields Bruckhaus Deringer, London, England 

Dushyant Dave Senior Advocate, Supreme Court of India, 

New Delhi, India 

Christopher Grierson Lovells, London, England 

John P Stigi III Wilson Sonsini Goodrich & Rosati, San Francisco, 

California, USA 

III Privilege and professional secrecy in cross-border litigation 

and international arbitration 


José Astigarraga 

Martin Bernet 

conflict of legal privileges in international arbitration; 

restrictions imposed by local professional ethics rules; 

IBA Rules on the Taking of Evidence in International Commercial 

Arbitration; 

31 



impact on the forum selection process; and 

impact on cross-border evidence taking. 

Speakers 

A combination of speakers from sessions I and II and 

Hans Bagner Vinge, Stockholm, Sweden 

IV The European Union quandary 


Jean-Claude Najar GE Power Systems Oil & Gas, Florence, Italy; 

Vice-Chair, Corporate Counsel Forum 

John Townsend Hughes Hubbard & Reed LLP, Washington DC, 

USA; Chair, Mediation 

the context: ‘dawn raids’ as intrusive as discovery; 

independence: what about company lawyers? 

Member State Bar: what about lawyers in the rest of the world? 

Speakers 

Jacques Buhart Herbert Smith, Paris, France; IBA Nominations 

Committee 

Jan Eijsbouts Akzo Nobel, Arnhem, the Netherlands; Co-Chair, 

Corporate Counsel Forum 

Emil Paulis Director of DG Competition, European Commission, 


1030 – 1700 MONDAY 


A CONCERT, sponsored by Debevoise & Plimpton LLP, Hughes 

Hubbard & Reed LLP, Lalive, Nishimura & Partners, Von Wobeser y 

Sierra SC, Clifford Chance, Coudert, Astigarraga Davis and Haver 

& Mailaender, will be held for Section members and guests. 


1800 MONDAY 

Church of St Simon and St Jude, Prague 

Sovereignty issues in litigation and arbitration 

in Latin America 

Joint session with the Latin American and Caribbean Forum. 


0930 – 1230 THURSDAY 

Small Theatre, PCC 

Arbitration 

Co-Chairs 

Dominique Brown-Berset Lalive, Geneva, Switzerland 

Claus Von Wobeser Von Wobeser y Sierra SC, Mexico City, Mexico 

Investment treaty arbitration workshop 

Session Chair 

David A R Williams QC Bankside Chambers, Auckland, New 

Zealand; Chair, Investment Treaty Arbitration 

An update on recent developments in the burgeoning field of 

investment treaty arbitration, including important decisions 

addressing the required nationality qualification of the claimant, 

indirect claims by shareholders, and allocation of jurisdiction 

between investment treaty tribunals and tribunals dealing with 

contractual claims. Current proposals for appeals tribunals to review 

investment treaty tribunal awards will also be discussed. 

Speakers 

Christoph Schreuer University of Vienna, Vienna, Austria 

Anthony Sinclair Allen & Overy LLP, London, England 

Calvin Hamilton Monereo Meyer & Marinel-lo Abogados, Madrid, 

Spain 

32 

Abby Cohen-Smutny White & Case LLP, Washington DC, USA 

Gabrielle Kaufmann-Kohler Schellenberg Wittmer, Geneva, 

Switzerland 

0930 – 1230 TUESDAY 

Meeting Hall IV, PCC 

European application of the UNCITRAL Model 

Law on Arbitration 

Session Chair 

Antonias Dimolitsa Antonias Dimolitsa & Associates, Athens, 

Greece; Vice-Chair, Arbitration 

Some European countries have adopted the UNCITRAL Model Law 

as such, with no or slight changes or additions. Others have their 

own arbitration systems, which may or may not be influenced by 

the Model Law. 

The session will examine the divergence between the different 

systems and the Model Law. Furthermore, it will examine the way 

European countries that have adopted the UNCITRAL Model Law 

apply specific provisions of the Model Law, for example interim 

measures or court assistance. 

Moderators 

Antonias Dimolitsa 

Klaus Sachs CMS Hasche Sigle, Munich, Germany; Vice-Chair, 

Arbitration 

Speakers 

Carita Wallgren Roschier Holmberg, Helsinki, Finland 

Stefano Azzali Chamber of National & International Arbitration, 

Milan, Italy 

David J A Cairns B Cremades y Asociados, Madrid, Spain 

Piotr Nowaczyk Salans, Warsaw, Poland 

Eva Horváth The Arbitration Court, Hungarian Chamber of 

Commerce & Industry, Budapest, Hungary 

Ivan Marisin Clifford Chance CIS Ltd, Moscow, Russian Federation 

José Miguel Júdice PLMJ – AM Pereira Saragga Leal Oliveira Martins 

Júdice e Associados, Lisbon, Portugal 

Marek Procházka Procházka Randl Kubr, Prague, Czech Republic 

Andreas Neocleous Andreas Neocleous & Co, Limassol, Cyprus 

1400 – 1700 TUESDAY 


A DINNER, sponsored by Kluwer Law, will be held for Committee 

members and guests.See page 91 for details. 


Use of independent experts in arbitration 

Session Chair 

Sally Harpole Sally Harpole & Co, Hong Kong SAR; Vice-Chair, 

Arbitration 

What are the appropriate procedures and most effective techniques 

for using experts in arbitration? What are the duties of an expert in 

arbitration? What pitfalls and problems may arise when experts are 

used and what are the solutions? These and other issues will be 

discussed from the standpoint of the arbitrator, counsel and the 

expert, comparing and contrasting approaches under a variety of 

civil law and common law systems. 

Speakers 

Carlos de los Santos Garrigues, Madrid, Spain 

Judith Gill Allen & Overy LLP, London, England 

Naoki Idei Kojima Law Offices, Tokyo, Japan 

Douglas Jones Clayton Utz, Sydney, New South Wales, Australia 

Bohuslav Klein Klein Subrt Doskova & Partners, Prague, Czech 

Republic 

Christoph Liebscher Wolf Theiss & Partners, Vienna, Austria 

Alexander Loos Lovells, Düsseldorf, Germany

Claudia T Saloman DLA Piper Rudnick Gray Cary, New York, USA 

Michael Schneider Lalive, Geneva, Switzerland 

Geoffrey Senogles Indeval Sarl, Geneva, Switzerland 

Rodger Stanley PricewaterhouseCoopers, Prague, Czech Republic 

Dorothy Ufot Dorothy Ufot & Co, Lagos, Nigeria 

Nathalie Voser Schellenberg Wittmer, Zurich, Switzerland; 

Publications Officer, Litigation 

0930 – 1230 THURSDAY 


The IBA Rules of Evidence five years later 

Session Chair 

Bernard Hanotiau Hanotiau & van den Berg, Brussels, Belgium 

The IBA Rules of Evidence were adopted five years ago. They have 

been widely used by arbitration practitioners and have also been at 

the centre of many debates. Do they fulfil their mission? Should 

they be improved or amended in some respects? And generally 

speaking, what is the experience and opinion of counsels, 

arbitrators and institutions on their role and their application? 

These issues will have been preceded by a survey among 

arbitration practitioners and institutions. 

Speakers 

Donald Donovan Debevoise & Plimpton LLP, New York, USA 

Henri Alvarez Fasken Martineau DuMoulin LLP, Vancouver, British 

Columbia, Canada; Council, Legal Practice Division 

Sally Fitzgerald Mallesons Stephen Jaques, Sydney, New South 

Wales, Australia 

Andreas Reiner Andreas Reiner & Partner, Vienna, Austria 

Bohuslav Klein 

Christopher Lau Alban Tay Mahtani & de Silva, Singapore 

Fernando Mantilla Serrano Shearman & Sterling, Paris, France 

Yoshimasa Furuta Anderson Mori Tomotsune, Tokyo, Japan 

Mark Baker Fulbright & Jaworski LLP, Houston, Texas, USA 

Karyl Nairn Skadden Arps Slate Meagher & Flom LLP, London, 

England 

Yves Derains Derains & Associés, Paris, France 

Laurent Lévy Schellenberg Wittmer, Geneva, Switzerland 

Gilberto Giusti Pinheiro Neto Advogados, São Paulo, Brazil 

Jingzhou Tao Coudert Brothers, Beijing, People's Republic of China; 

Vice-Chair, Arbitration 

1400 – 1700 THURSDAY 


Dispute resolution clauses – a practical approach 



1400 – 1700 THURSDAY 


New York Convention workshop 

Session Chair 

Christian Camboulive Gide Loyrette Nouel, Paris, France; Chair, 

Recognition and Enforcement of Arbitral Awards 

This annual workshop will present the latest developments in cases 

under the New York Convention from around the world. Cases 

related to recognition and enforcement of arbitral awards under 

other conventions and national legislation will also be discussed 

and brief reports from selected jurisdictions will be presented. 

Speakers 

Pascal Hollander Hanotiau & van den Berg, Brussels, Belgium 

Georg Naegeli Homburger, Zurich, Switzerland 

Torsten Lörcher CMS Hasche Sigle, Cologne, Germany 

Ilya Nikiforov Egorov Puginsky Afanasiev & Partners, St Petersburg, 

Russian Federation 

Zvi Nixon Elchanan Landau Law Office, Jerusalem, Israel 

John Fellas Hughes Hubbard & Reed LLP, New York, USA 

Jeremy J O Harwood Healy & Baillie LLP, New York, USA 

Michelle Sindler Bär & Karrer, Zurich, Switzerland 

Anne-Marie Whitesell International Chamber of Commerce, 

Paris, France 

0930 – 1230 FRIDAY 


Litigation 

Co-Chairs 

Klaus Gerstenmaier Haver & Mailänder Rechtsanwälte, Stuttgart, 

Germany 

Nicola Mumford Wragge & Co LLP, London, England 

The obsessed litigant . . . how does one cope? 

Joint session with the Judges’ Forum. See page 77 for details. 

1030 – 1700 MONDAY 

Rhone & Rhine, Corinthia Towers Hotel 

Exclusive choice of court agreements: 

will the Hague Convention do for international 

litigation what the New York Convention did 

for arbitration? 


Michael Polonsky Berwin Leighton Paisner, London, England; Co- 

Chair, International Litigation Conventions and Laws 

Joe Sepulchre Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels, 

Belgium; Co-Chair, International Litigation Conventions and Laws 

On 30 June 2005, the 20th diplomatic session of the Hague 

Conference on Private International Law adopted a Convention on 

exclusive choice of court agreements which aims to achieve in 

respect of forum clauses what the UN New York Convention did for 

arbitration. This timely session will explain the main rules of the 

draft Convention and focus on aspects where the clash between 

civil law and common law visions may not been totally resolved. 

Speakers 

Gottfried Musger Appellate Court of Graz, Graz, Austria 

David Levy Fulbright & Jaworski LLP, Houston, Texas, USA 

Catherine Kessedjian Université Panthéon-Assas, Paris, France 

David Joseph QC Essex Court Chambers, London, England 

Young Hill Liew Woo Yun Kang Jeong & Han, Seoul, Korea 

1400 – 1700 MONDAY 

North Hall, PCC 

Judicial oversight of director action: legal, 

management and investor perspectives 

Joint session with Business Organisations. See page 28 for details. 

0930 – 1230 TUESDAY 


Litigators’ forum: the doctrine of economic 

duress in business and commercial litigation 


Michael L Novicoff Liner Yankelevitz Sunshine & Regenstreif LLP, 

Los Angeles, California, USA; Treasurer, Litigation 

Antonio Bravo Mullerat, Madrid, Spain 

As economic conditions change throughout the world, national 

courts are increasingly forced to decide when a party should be 

permitted to disaffirm a deal allegedly made under economic duress. 

33 



This session will cover the doctrine of Economic Duress in 

Business and Commercial Litigation, pointing out the current 

situation of this topic in different jurisdictions. 

Speakers 

Edward Hood Berwin Leighton Paisner, London, England 

Martina Jankovska Saxinger Chalupsky Weber & Partners, Prague, 


Peter A Sullivan Hughes Hubbard & Reed LLP, New York, USA 

Pablo G Louge Allende & Brea, Buenos Aires, Argentina 

Kumkum Sen Rajinder Narain & Co, New Delhi, India 

34 

1400 – 1700 TUESDAY 


Multiparty dispute resolution in project-financed 

infrastructure projects: the role of the courts 

Joint session with International Construction Projects. 




Litigators’ forum for corporate counsel 

Joint session with the Corporate Counsel Forum. 

Session Chair 

Nicola Mumford Wragge & Co LLP, London, England; Co-Chair, 

Litigation 

It is impossible to say what issues will be thrown up in this popular 

and interactive session. The panel of in-house lawyers will share 

with the audience issues which are important to them in a number 

of different areas in litigation. Privilege is bound to be a hot topic. 

Other previous areas have included the impact of the increasing 

regulatory framework and co-operation between in-house and 

external counsel. 

Speakers 

Geoffrey Timms Head of Legal, Legal & General Group plc, 


Carl Belding IBM EMEA, Paris, France 

Jean Claude Najar GE Oil & Gas Nuovo Pignone, Florence, Italy; 


Logan G Robinson Delphi Corporation, Troy, Michigan, USA; 

Co-Chair, Corporate Counsel Forum 

Axel Viaene Legal Director, Corporate Counsel, Starbucks Coffee, 

Amsterdam, the Netherlands 





1200 THURSDAY 




1400 – 1700 THURSDAY 


Civil litigation in Europe 

Joint session with the European Forum. See page 70 for details. 

0930 – 1700 FRIDAY 

Conference Hall, PCC 

Mediation 

Chair 

John Townsend Hughes Hubbard & Reed LLP, Washington DC, USA 

Mediation and the law 

Session Chair 

John Townsend 

Siegfried H Elsing Hoelters & Elsing, Düsseldorf, Germany; 

Vice-Chair, Mediation 

Mediation under national law 

Moderator 

Thierry Garby Garby Vialars Dupas, Paris, France; Vice-Chair, 

Mediation 

The working group conducted a survey in five countries that have 

adopted legislation on mediation. These countries were selected 

because their respective pieces of legislation are different in both 

content and in spirit. The discussion will concentrate on the issues 

that appear to be the most sensitive. We shall try to determine: 

(1) if mediation needs legislation to develop and, if so, to what 

extent; and (2) which features of mediation require the enactment 

of specific rules to ensure its efficiency and the respect of its spirit 

of liberty and responsibility. 

Speakers 

Roberto Fortunati Fortunati & Lucero, Buenos Aires, Argentina 

Vit Horacek Glatzova & Co, Prague, Czech Republic 

Jon Lang London, England; Publications Officer, Mediation 

Louis Bernard Buchman Hirsch & Partners, Paris, France 

Eric van Ginkel Hughes Hubbard & Reed LLP, Los Angeles, 

California, USA; Senior Vice-Chair, Intellectual Property and 


Mediation under the European Union Directive 

Moderator 

Petria McDonnell McCann FitzGerald, Dublin, Ireland; Vice-Chair, 

Mediation 

This session will consider the draft EU Directive, which provides for 

mediation in civil and commercial matters. The provisions of the 

directive, some of which are controversial, and its likely success in 

promoting mediation, will be considered from a number of 

different perspectives, namely those of: (1) a leading lawyer (and 

widely respected mediator); (2) a mediator who is a key player at 

one of the leading providers of mediation services; and (3) a judge, 

with an established track record in furthering mediation, who will 

address the role of the court, envisaged in the directive, in 

informing and promoting mediation. 

Speakers 

Michel Kallipetis QC Littleton Chambers, London, England 

Eileen Carroll CEDR, London, England 

Judge Ales Zalar President, Ljubljana District Court, Slovenia 

Mediation under the UNCITRAL Model Law 

Moderator 

Babak Barin Osler Hoskin & Harcourt LLP, Montreal, Quebec, 

Canada; Secretary, Mediation 

Debate: The role and importance, if any, of the governing law, the 

place of mediation (seat), and enforcement of settlement 

agreements in international commercial mediation and conciliation, 

including common law and civil law perspectives. 

Speakers 

Kathleen Scanlon Heller Ehrman LLP, New York, USA 

Alan Uzelac Zagreb, Croatia 

Anthony Connerty Lamb Chambers, London, England

Hans van Houtte Institute for International Trade Law, Leuven, 

Belgium 


Club D, PCC 

Negligence and Damages 

Chair 

The Honourable Chief Justice Christopher Gardner QC 

Turks & Caicos Islands, British West Indies 

Young Lawyers’ Writing Competition Final 

The finalists of this competition, open to all lawyers under 35, 

will present their papers orally on: ‘ADR: how does/could it 

complement mainstream litigation relating to negligence/damages 

in my jurisdiction? How could/should its use be improved/ 

expanded/curtailed?‘ 

The floor will be asked to question/comment and a panel of 

judges will choose the winner. The prize will be presented by the 

IBA President. 

Finalists 

Cecil Adadevoh Ghana 

Shaun Browne South Africa 

Lea Devitt Ireland 

Catherine Dwyer Australia 

Ihunda Omudu Nigeria 

Panellists 

The Honourable Chief Justice Christopher Gardner QC 

William G Horton Blake Cassels & Graydon LLP, Toronto, Ontario, 

Canada 

Audley Sheppard Clifford Chance, London, England; Senior 

Vice-Chair, Arbitration 

Ramon F Bado Sanz Estudio Dr Mezzera, Montevideo, Uruguay; 

Vice-Chair and Website Coordinator, Negligence and Damages 

Robert D Carrow WorldWideADR, San Francisco, California, USA 

Paul Emerson Lamb Chambers, London, England 

1400 – 1700 TUESDAY 

Club C, PCC 

Liability for professional malpractice: 

how far will it go? 

Session Chair 

Matthew Reiter Bär & Karrer, Zurich, Switzerland; Vice-Chair and 

Newsletter Editor, Negligence and Damages 

A panel of lawyers from different jurisdictions, both common law 

and civil law, will each present a short overview of the legal 

principles of liability for malpractice in their jurisdiction, and more 

importantly, of the current trends in this area. Plaintiffs’ lawyers as 

well as defence lawyers will be represented. 

The position of the insurance industry will also be explored. 

What are its concerns? Where does the insurance industry see 

opportunities? 

Example cases, current trends in litigation and in legislation and 

related insurance issues will be discussed among the panellists and 

the audience. 

Speakers 

Martin I Kaminsky Pollack & Kaminsky, New York, USA 

Andres M Cerisola Ferrere, Montevideo, Uruguay 

Dror Zamir Levitan Sharon & Co, Tel Aviv, Israel 

Jeffrey B Maletta Kirkpatrick & Lockhart Nicholson Graham LLP, 


Alberto Pérez Cedillo Fernando Scornik Gerstein, London, England; 

Chair, Young Lawyers Committee 

Ritva-Liisa Luomaranta Borenius & Kemppinen Ltd, Helsinki, Finland 

Petra Schaaff Rechtsanwältin, Hamburg, Germany 


Seine & Tiber, Corinthia Towers Hotel 

Energy, Environment, Natural 

Resources & Infrastructure Law 

Section 

Chair 

Reinier Lock Chevy Chase, Maryland, USA 



2000 MONDAY 

Environment, Health 

and Safety Law 

Chair 

Ignacio Randle Caparros & Randle, Buenos Aires, Argentina; 

Officer, Mining Law 

Product recycling and waste management 

obligations in the EU – risks and opportunities 

Session Chair 

Ian Rose McDermott Will & Emery UK LLP, London, England; Senior 

Vice-Chair, Environment, Health and Safety Law 

EU waste management policy requires that the amount of waste 

going for final disposal be reduced, in favour of reuse and 

recycling. The European Commission and the Member States have 

implemented this policy through the development of ‘producer 

responsibility’, under which manufacturers and others throughout 

the distribution chain have the obligation to take back and reuse or 

recycle products when they become waste. 

Packaging waste was the first type of waste to be subject to 

producer responsibility obligations, and similar requirements 

relating to waste electrical products will shortly be introduced 

across the EU, as Member States implement the ‘WEEE Directive’. 

This session will explore the rules on producer responsibility, and 

the panellists will discuss not only the potential liabilities where 

companies do not comply, but also how companies can secure 

competitive advantage through efficient and effective compliance. 

Speakers 

Bernard Deltour Liedekerke Wolters Waelbroeck Kirkpatrick, 


David Desforges Gide Loyrette Nouel, Paris, France 

Salvatore T Giolando BBL Sciences, Cincinnati, Ohio, USA 

Claus-Peter Martens Murawo, Berlin, Germany; Vice-Chair, 

Environment, Health and Safety Law 

1400 – 1700 MONDAY 

Club E, PCC 

35 


Page 36 

LEX MUNDI

One year down the road – implementation and 

enforcement of EU environmental law in 

accession states 

Session Chair 

Bernat Mullerat Mullerat, Barcelona, Spain; Secretary, Environment, 

Health and Safety Law 

On 1 May 2004, ten new states joined the European Union and, 

since then, are required to implement and enforce the acquis 

communautaire. The implementation of EU environmental law – 

approximately 500 pieces of legislation – is probably one of the 

biggest tasks to be tackled by the new Member States, which are 

pressed to meet the requirements of EU environmental policy. 

This session will examine the experience of various accession 

states during this first year, and the different approaches to solve 

the environmental challenges facing them, as well as the European 

Commission’s role in monitoring such enforcement. The session will 

also explore the challenges and opportunities for businesses and 

lawyers in these accession countries. 

Speakers 

David Estrin Gowling Lafleur Henderson LLP, Toronto, Ontario, 

Canada 

Deborah Lloyd GE Commercial Finance, London, England 

Eva Kruzikova Institute for Environmental Policy, Prague, Czech 

Republic 

Kevin Connor Squire Sanders, Budapest, Hungary 

Petr Petrzilek (invited) Ministry of Environment, Prague, Czech 

Republic 



Good governance in the water sector 

Joint session with Water Law. See page 39 for details. 



Compensation for damage to the environment 

caused by mining 

Joint session with Mining Law. See page 38 for details. 

0930 – 1230 THURSDAY 

Meeting Room B, Holiday Inn Hotel Hotel 

International 

Construction Projects 

Co-Chairs 

Arent van Wassenaer Norton Rose, Amsterdam, the Netherlands 

Stephen Butler Bechtel Corporation, San Francisco, California, USA 

Multiparty dispute resolution in project-financed 

infrastructure projects: the role of the courts? 


Session Chair 

Phillip Capper Lovells, London, England 

Topics covered in the session will include: 

recognising, and planning for, the realities; 

facing up to the difficulties of multiplicity of parties, and of 

proceedings on a typical international project; 

what dispute resolution framework should be considered? 

and will consider what role state courts can play in such 

frameworks, and what are the drafting lessons for those putting 

together privately financed infrastructure projects. 

Speakers 

Mikael Wahlgren NCC AB, Solna, Sweden; Chair, Financing 

Structures 

A H Gaede Jr Bradley Arant Rose & White, Birmingham, Alabama, 

USA 

Jaime Herrera Posse Herrera & Ruiz, Bogotá, Colombia; Vice-Chair, 

Financing Structures 

Klaus Reichert Law Library, Dublin, Ireland; Secretary, Litigation 

Karyl Nairn Skadden Arps Meagher & Flom LLP, London, England 

Stephen Jagusch Allen & Overy LLP, London, England 



Latest developments in the construction arena 


Arent van Wassenaer 

Stephen Butler 

In this session the Chairs of the Committee as well as the Chairs of 

the various Subcommittees of the International Construction 

Projects Committee will provide an update on the latest 

developments in international construction. 

The session will also include reports on the following Committee 

Adopted Projects: 

Boston Central Artery Project (also known as ‘Big Dig’): 

Glenn Haese Haese LLC, Boston, Massachusetts, USA 

John Miller Gadsby Hannah LLP, Boston, Massachusetts, USA 

NEAT (Neue Alpen Transversale), New Transalpine Railway 

(Gotthard and Loetschberg tunnels) 

Matthias Scherer Lalive & Partners, Geneva, Switzerland 

The Enron Dabhol Project 

Robert L Nelson Jr Thelen Reid & Priest LLP, San Francisco, 


William G Anderson Jr Overseas Private Investment Corporation, 


Robert Smit Simpson Thacher & Bartlett, New York, USA 

The Fort Dauphin Ilmenite Project, Madagascar 

Michel Jutras Rio Tinto Iron and Titanium Inc, Montreal, Quebec, 

Canada 

Marc Frilet Frilet & Associés, Paris, France; Officer, Mining Law 

The Delhi Metro Project 

Amitabha Se Amitabha Sen & Co, New Delhi, India 

Reconstruction of the World Trade Center, New York 

George J Pierson Peckar & Abramson, New York, USA 

The new ICC Dispute Board Rules 

Gordon Jaynes Surrey, England 

The London Underground Project 

Phillip Capper 






Old fashioned or new fangled? Which 

procurement route copes best when the going 

gets tough? 


Charles Brown Duane Morris, London, England 

Mark Lane Pinsent Masons, London, England; Chair, Water Law 

This all-day session involves the examination of the relative merits 

of traditional FIDIC-type procurement systems against the newer 

systems such as BOT, alliancing and GMP. The morning session will 

37 



consider these alternatives in principle. During the afternoon, the 

competing systems will be considered in practice when applied to 

some common project types and subjected to both common and 

less common risk events. 

Speakers 

Edward Corbett Corbett & Co, Teddington, England, Vice-Chair, 

International Construction Projects 

Jaime Herrera Posse Herrera & Ruiz, Bogotá, Colombia; Vice-Chair, 

Financing Structures 

Marc Frilet 

Jaap Koster Houthoff Buruma, Rotterdam, the Netherlands; 

Vice-Chair, Procurement 

Alison Lacy Torys LLP, Toronto, Ontario, Canada; Co-Chair, Standard 

Forms 

Douglas Jones Clayton Utz, Sydney, New South Wales, Australia; 

Vice-Chair, Contract Law and Regulations 

Vit Horacek Glatzova & Co, Prague, Czech Republic 

Axel R Kunze Norton Rose, Frankfurt am Main, Germany; 

Vice-Chair, Standard Forms 

Nigel Robson Eversheds LLP, Leeds, England 

Patricia Baquero World Bank, Washington DC, USA 

EXCURSION for Committee members and guests. 


Procurement 

Chair 

Jaya Sharma Madison, Wisconsin, USA 

Public procurement 

38 

0930 – 1700 THURSDAY 


0900 FRIDAY 

Joint session with United Nations and Other World Wide 

Organisations. See page 79 for details. 

0930 – 1700 TUESDAY 


Mining Law 

Co-Chairs 

Tony Wassaf Allens Arthur Robinson, Sydney, New South Wales, 

Australia 

Patricia Núñez Núñez Muñoz & Cía Ltda Abogados, Santiago, Chile 

Economic impact of taxation of natural resources 

industries 

Session Chair 

Patricia Núñez 

Tax systems may provide incentives or may deter investment in a 

particular industry. This panel will deal with the main aspects of tax 

systems that may provide incentives or deter investment in the 

natural resources industries. Topics such as income taxes, special 

taxes and royalties will be discussed; and case studies assessing the 

economic impact of taxation in four different jurisdictions located in 

the United States, Asia, Europe and Africa will be made. 

Speakers 

James Otto University of Denver, Denver, Colorado, USA 

1400 – 1700 TUESDAY 

Club H, PCC 

Compensation for damage to the environment 

caused by mining 

Joint session with Environment, Health and Safety Law. 


Patricia Núñez 

Ignacio Randle Caparros & Randle, Buenos Aires, Argentina; 

Chair, Environment, Health and Safety Law; Officer, Mining Law 

This panel will review and discuss the laws, regulations and mining 

authorities in five jurisdictions (Europe, Latin America, United 

States, Asia Pacific and Africa), and under international law, with 

respect to liability for compensation for damage to the environment 

caused by mining operations. It will examine the interrelationship of 

these regimes and the role of government authorities in enforcing 

laws and regulations and the conditions they impose. 

Speakers 

Manus Booysen Webber Wentzel Bowens, Johannesburg, South 

Africa; Officer, Mining Law 

Robert Bassett Holland & Hart LLP, Denver, Colorado, USA; Officer, 

Mining Law 

Fred Chilton Allens Arthur Robinson, Sydney, New South Wales, 

Australia 

Luis Carlos Rodrigo Lima, Peru; Officer, Mining Law 

George Ribeiro Vivien Chan & Co, Shanghai, People‘s Republic of 



Tallat Hussain McCarthy Tétrault LLP, London, England 

Oil and Gas Law 

0930 – 1230 THURSDAY 


Chair 

David Asmus Baker Botts LLP, Houston, Texas, USA 

Russian oil and gas: security of investment and 

security of supply 

Session Chair 

Peter Roberts Jones Day, London, England; Vice-Chair, Oil and Gas 

Law 

This session will address the current state of the Russian oil and gas 

industry from the perspective of Russia’s foreign investors and 

foreign customers. Topics will include tax risks and bankruptcy and 

securities law risks for foreign investors in oil and gas, and delivery 

risks for customers in both Europe and Asia. In addition, speakers 

will address both the present opportunities in Russia and the effect 

of the Yukos affair on the perception and reality of security of oil 

and gas supply from Russia. 

Speakers 

Doran Doeh Denton Wilde Sapte, Moscow, Russian Federation 

Graham Coop Energy Charter Secretariat, Brussels, Belgium 

George Goolsby Baker Botts, Houston, Texas, USA 

Richard Drummond Export Credits Guarantee Department, London, 

England 

Maxim Kalyuzhny Avery Advisors, London, England 

0930 – 1230 TUESDAY 

Club H, PCC

Water Law 

Chair 

Mark Lane Pinsent Masons, London, England 

Good governance in the water sector 

Joint session with Environment, Health and Safety Law. 


Mark Lane 

Claus-Peter Martens Fachanwalt für Vermaltungsrecht, Berlin, 

Germany; Vice-Chair, Environment, Health and Safety Law 

The current state of the global water and wastewater sector is one 

in which urgent need is met by limited activity. This session will 

examine the following key issues that underlie the existing 

unsatisfactory position and how they might be effectively 

addressed: 

the current size and nature of the global water problem, with 

particular reference to Eastern Europe; 

are existing national and international legal regimes appropriate 

to remedy the problem? 

attracting the private sector – what needs to be done? 

water pollution – can national governments deal with the size of 

the task? 

the Water Framework Directive and Eastern Europe – key issues. 

Speakers 

Chris Perry C J Perry, Devon, England 

Robyn Stein Edward Nathan (Proprietary) Ltd, Sandton, South 

Africa 

Eric Haythorne World Bank, Washington DC, USA 

Carlos de Miguel Perales Uría Menéndez, Madrid, Spain; Vice-Chair, 

Environment, Health and Safety Law 

Sabine Wrede Bundesverband Gas- und Wasserwirtschaft, Berlin, 

Germany 



Financial Services Section 

Conflicts of interest in the financial services 

industry 


Rodger G Murray Brodies LLP, Edinburgh, Scotland 

Isaac Lustgarten McDermott Will & Emery LLP, New York, USA; 

Vice-Chair, Banking Regulation 

This session will explore situations where conflicts of interest can 

arise in the banking, finance, investment fund, insurance, and 

investment banking (underwriting and advisory) industries and will 

address how participants and regulators are addressing such 

conflicts. All groups within the Financial Services Section (Banking, 

Insurance, Securities, Investment Funds and Capital Markets Forum) 

will participate. 

The session will be divided into four parts: 

general discussion of managing legal/operational risk especially in 

the context of Basel II; 

examining different conflicts where a small financial institution 

may favour different parties or itself; 

financial institutions playing multiple roles (analyst research, 

advisory services, financing, swaps, underwriting, and asset 

management services); and 

rebates/commissions/kickbacks. 

Speakers 

Alan J Levin Edwards & Angell LLP, Hartford, Connecticut, USA 

Isaac Lustgarten 

Stefan Breitenstein Lenz & Staehelin, Zurich, Switzerland 

Claude Kremer Arendt & Medernach, Luxembourg 

Roger McCormick Esher, England 

Nancy Milne Clayton Utz, Sydney, New South Wales, Australia; 

Chair, Insurance 

Jan Woloniecki Attride-Stirling & Woloniecki, Hamilton, Bermuda 

Antoine Maffei De Pardieu Brocas Maffei, Paris, France 

Jaap Willeumier Stibbe, Amsterdam, the Netherlands; Co-Chair, 

Securities Law 

Luis de Carlos Bertran Uría Menéndez, Madrid, Spain 

Angela Maria Carozzi Luiss Guido University, Rome, Italy 

Bradley Gans Citigroup, London, England 

John Trotter Lovells, London, England 

Aruno Rajaratnam Marsh, Singapore 

0930 – 1700 TUESDAY 


Banking Law 

Co-Chairs 

Joanne Kellermann Nederlandsche Bank, Amsterdam, the 

Netherlands 

John Teolis Blake Cassels & Graydon LLP, Toronto, Ontario, Canada 

Revolution of the retired – the Prudent Person 

Rule and pension funds 

Session Chair 

Joanne Kellermann 

With the population in the Western world ageing rapidly, there are 

many reasons to focus attention on the way in which saving for 

retirement is organised in different jurisdictions. The adoption by 

the European Union of the Occupational Pensions Directive in 2004 

will enable occupational pension schemes to be active throughout 

the EU. It also marks the adoption of the Prudent Person Rule for 

the management of pension fund moneys. At the same time, 

many countries are starting to see the urgent need for a complete 

overhaul of their pensions systems. This session will investigate the 

meaning of the Prudent Pension Rule and explore how the entire 

global pension landscape is changing. 

Speakers 

Paulina Dejmek International Market and Services DG, Financial 

Institutions, European Commission, Brussels, Belgium 

CY Huang Tsar & Tsai Law Firm, Taipei, Taiwan 

Barbara Nims Davis Polk & Wardwell, New York, USA 

David Pollard Freshfields Bruckhaus Deringer, London, England 

1400 – 1700 MONDAY 


Innovative alternatives to bank borrowing 

Session Chair 

Thomas Werlen Allen & Overy LLP, London, England; Chair, 

Germany, Switzerland and Austria Subcommittee 

Corporate borrowers have options beyond bank borrowing or 

classical public debt or equity offerings. This panel will examine 

these options from a commercial and a legal standpoint. Attention 

will be paid to the substantive terms and conditions of securities, 

whether designed to optimise the issuer’s capital structure 

(eg tailor-made notes designed to satisfy accounting requirements 

to qualify as equity, but tax requirements to qualify as debt) or to 

39 



package up covenants more similar to bank lending as notes in 

order to satisfy a particular investor base (eg private note 

placements sold to insurance companies and pension funds). 

Panellists will also examine placement techniques designed for 

sophisticated investors, including options available to European 

issuers to avoid making a public offer of securities. While legal 

developments have helped to streamline the process, these 

transactions do still implicate the laws of the jurisdiction of 

incorporation and the jurisdiction(s) of sale, including contractual, 

banking, tax, securities and insolvency laws. 

Speakers, comprising various market participants including 

investment bankers and counsel that act for both borrowers/issuers 

and lenders/purchasers, will explain the rationale behind the 

structures, processes, terms and conditions and documentation 

of such a transaction. 

Speakers 

Ian Clark Latham & Watkins, London, England 

Michael Kutschera Binder Grösswang Rechtsanwälte, Vienna, 

Austria; Officer, Bar Issues Commission 

Gottwald Kranebitter KPMG Financial Advisory Services, Vienna, 

Austria 

Marek Procházka Procházka Randl Kubr, Prague, Czech Republic 

Thomas Krausser PRICOA Capital Group, Frankfurt am Main, 

Germany 

Christian Voss BNP Paribas, New York, USA 

40 



Giving legal opinions in a changing environment: 

international financial transactions in emerging 

markets and comparative views 

Joint session with the Latin American and Caribbean Forum. 




Tips for barbarians against the fall of the empire: 

how to protect your bank client against 

bankruptcy of megacustomers 

Session Chair 

John Teolis 

How good are the numbers? 

What goes into the creation of a company’s numbers that are relied 

upon by banks and other creditors as well as other stakeholders? 

In addition to discussing the processes and systems that go into 

producing a company’s financial picture, the place these processes 

and systems hold within the overall corporate governance structure 

will be examined. Identify the early warning signs so that you and 

your bank client are not dealing with the next Parmalat. 

Keeping your head above water in the bankruptcy 

This part of the session will examine the myriad issues that will be 

relevant to your bank client during a multijurisdictional bankruptcy. 

This will include jurisdictional conflicts, role of set-offs, stays and 

challenges thereto and typical challenges to claims, eg form vs 

substance. 

Can I press my suit here? 

This will discuss the various litigation issues that your bank client 

may have to take into account in the context of a multijurisdictional 

bankruptcy. It will examine the difference between damage and 

clawback actions. Where should and can banks bring suit? What 

are the advantages and disadvantages to a bank of bringing suit in 

major jurisdictions? 

Speakers 

Lisa Curran Allen & Overy LLP, Rome, Italy; Secretary, Banking Law 

Robin Phelan Hayes and Boone, Dallas, Texas, USA 

Russell Da Silva Lovells, New York, USA 

Don De Amicis Ropes & Gray LLP, Boston, Massachusetts, USA 

Pierre Coll PricewaterhouseCoopers, Paris, France 

0930 – 1230 THURSDAY 




1230 – 1400 THURSDAY 

Due diligence in capital markets and other 


Joint session with Securities Law. See page 43 for details. 

1400 – 1700 THURSDAY 

Meeting Hall V, PCC 

The impact on legal opinions of EU directives 

and regulations relating to insolvency 


Gwendoline Griffiths Barlow Lyde & Gilbert, London, England; 

Co-Chair, Legal Opinions 

Markus Pfenninger Walder Wyss & Partners, Zurich, Switzerland; 


An increasingly important aspect of insolvency law is the crossborder 

nature of many issues that arise in the insolvency of 

companies. In the European Union, various directives and 

regulations are having a practical impact on insolvencies (most 

recently in the new Member States) and are being considered in 

local courts. These include the regulations on insolvency 

proceedings, financial collateral arrangements and the 

reorganisation and winding-up of credit institutions. 

Speakers will consider the implications of these developments for 

lawyers issuing legal opinions relating to financing transactions in a 

number of European jurisdictions. The session will be interactive 

and audience participation will be welcomed (both from those 

practising in the European Union and elsewhere). 

Speakers 

Judith O’Driscoll Standard & Poor’s Rating Services, London, 

England 

William Johnston Arthur Cox, Dublin, Ireland; Publications Officer, 

Banking Law 

Tiago Ferreira de Lemos Abreu & Marques Vinhas e Associados, 

Lisbon, Portugal 

Thijs Lommen NautaDutilh, Amsterdam, the Netherlands 

André Andersson Mannheimer Swartling, Stockholm, Sweden 

Project Finance 

Chair 

Emmanuel Fontaine Gide Loyrette Nouel, Paris, France 

0930 – 1230 FRIDAY 

Club A, PCC 

Public–private partnership – the removal of 

barriers 

Joint session with the European Forum. See page 69 for details. 

1400 – 1700 MONDAY 

Chamber Hall, PCC

Capital Markets Forum 

Co-Chairs 

Daniel Hurstel Willkie Farr & Gallagher, Paris, France 

Andrew D Soussloff Sullivan & Cromwell LLP, New York, USA 

Hollinger unbuttoned 

Joint session with Securities Law. See page 42 for details. 

Insurance 

Chair 

Nancy Milne Sydney, New South Wales, Australia 

EU accession – new risks 

0930 – 1230 THURSDAY 


Session Chair 

Jan Heuvels Ince & Co International Law Firm, London, England; 

Senior Vice-Chair, Insurance 

A panel of insurance lawyers and industry professionals will be 

discussing legal and regulatory issues in the context of the Czech 

Republic’s post-EU accession commercial insurance environment. 

Speakers 

Dieter Armbrust Lebuhn & Puchta, Hamburg, Germany 

David Whear Norton Rose, London, England 

Lenka Docekalova AIG, Prague, Czech Republic 

Beeta Balas Noczczyk Lovells, Warsaw, Poland 

1400 – 1700 MONDAY 

Club H, PCC 




Challenges for the risk insurance markets 

due to terrorism and the ‘war on terror‘ 

Joint session with Maritime and Transport Law. 


Rob Otty Deneys Reitz Inc, Cape Town, South Africa; Newsletter 

Editor, Insurance 

Vincent Prager Stikeman Elliott LLP, Montreal, Quebec, Canada 

This session will examine how the various insurance markets 

worldwide have been coping with claims relating to war and 

terrorism in the new millennium; what legal problems the industry 

is currently facing; and how the industry and the legal profession 

see insurance coverages and liabilities changing as terrorism merges 

with traditional war into a new type of warfare. Legal experts from 

a variety of jurisdictions will deal with these subjects and comment 

on recent experience and the way forward. 

Speakers 

Margaret Campbell Richards Butler, London, England 

Rudy W J M Te Pas Te Pas Advocaten, Rotterdam, the Netherlands 

Forrest Booth Cozen O’Connor LLP, San Francisco, California, USA; 

Vice-Chair, Land Transport 

Anna Quah Ang & Partners, Singapore 

Oscar Shub Allens Arthur Robinson, Sydney, New South Wales, 

Australia 

0930 – 1230 THURSDAY 

Severn & Thames, Corinthia Towers Hotel 



1930 THURSDAY 

Group policies/third-party beneficiaries of cover 

Session Chair 

James Walsh Carroll Burdick & McDonough LLP, San Francisco, 

California, USA; Vice-Chair, Insurance 

This session will deal with the provision of insurance cover to 

those who are not contracting parties to a contract of insurance. 

It will deal with the very different areas of cover to third party 

beneficiaries who are named as having the benefit of cover in a 

contract of insurance and third-party claimants who can obtain so 

called ‘direct access’ to an insurer because of the predicament of 

the insured. 

Insurance policies frequently provide cover or protection to third 

parties who are not insured. Examples include cover taken out in 

respect of large construction projects or life insurance cover 

effected over the lives of pension fund members. 

The panel will address the structural difficulties of third-party 

beneficiary arrangements, the legislative response, the impact of 

legislation and how different jurisdictions have dealt with the issues 

that can arise. 

The panel will also deal with the question of direct access to 

insurers by third-party liability claimants and the very different 

legislative regimes in various jurisdictions. 

Speakers 

Matthew Allen Eversheds, London, England 

Peter Mann Clayton Utz, Sydney, New South Wales, Australia 

Martin Manzano Marval O’Farrell & Mairal, Buenos Aires, 

Argentina; Publications Officer, Insurance 

Dror Zamir Levitan Sharon & Co, Tel Aviv, Israel 

Investment Companies 

and Mutual Funds 

Chair 

Robert Helm Dechert LLP, Washington DC, USA 

0930 – 1230 FRIDAY 

Club E, PCC 

Developments relating to investment funds 

in the emerging EU accession jurisdictions 

Session Chair 

Edgar Wallach Hengeler Mueller, Frankfurt am Main, Germany; 

Senior Vice-Chair, Investment Companies and Mutual Funds 

This panel will explore issues relating to the continued growth and 

development of the investment funds industry particularly in 

Eastern Europe, with emphasis on the impact of EU legislation in 

local markets. Speakers will also address ways that fund managers 

can access the local markets in new Member States. 

Speakers 

Colm Callaly Pioneer Investment Management Ltd, Dublin, Ireland 

Ondrej Libosvár Czech Securities Commission, Prague, Czech 

Republic 

Vladimíra Glatzova Glatzova & Co, Prague, Czech Republic 

Dóra Plesovszky Rechtsanwaltskanzlei Heinzelmann and Partners, 

Budapest, Hungary 

Andre Zerafa Ganado & Associates, Valletta, Malta 

Tomasz Dabrowski Salans, Warsaw, Poland 

1400 – 1700 MONDAY 


41 





2000 TUESDAY 

Making institutional investment products 

available to a retail market 

Session Chair 

David Dillon Dillon Eustace, Dublin, Ireland; Vice-Chair, Investment 

Companies and Mutual Funds 

A panel discussion on the methods available to make institutional 

products accessible to retail investors, including the use of funds, 

feeder funds, structured products and insurance products. 

Speakers 

Joseph B Kittredge Ropes & Gray LLP, Boston, Massachusetts, USA 

Bruce Botting Russell Investment Group, London, England 

Jacques Elvinger Elvinger Hoss & Prussen, Luxembourg 

William Slattery State Street International (Ireland) Ltd, Dublin, 

Ireland 



Emerging issues concerning portfolio 

management, and other ‘hot topics‘ 

relating to investment funds 

Session Chair 

Lynn McGrade Borden Ladner Gervais LLP, Toronto, Ontario, 

Canada 

This session will take the form of a fully active workshop. To start, 

the moderator will lead a discussion of emerging international 

issues relating to the portfolio management of investment funds. 

Issues such as the regulation of soft dollar arrangements, fairness of 

allocation of trades and internal staff trading codes of ethics will be 

explored. For the second half of the session, attendees are invited 

to bring for group discussion ‘hot topics’ relating to any aspect 

relating to investment funds. 

Speakers 

Erick Holt AMVESCAP plc, Atlanta, Georgia, USA 

Felipe Cousiño Alessandri & Compania Attorneys at Law, Santiago, 

Chile; Secretary, Investment Companies and Mutual Funds 

Kirstene Baillie Field Fisher Waterhouse, London, England; 

Newsletter Editor and Website Coordinator, Investment 

Companies and Mutual Funds 

Saker Nusseibeh SG Asset Management, London, England 

42 



Specialised Investment Funds 

Chair 

Michael P Harrell Debevoise & Plimpton LLP, New York, USA 

Private equity funds in Russia and Central 

and Eastern Europe 

Session Chair 

Geoffrey Kittredge Debevoise & Plimpton LLP, London, England 

An overview for non-specialists on the key business, legal and tax 

issues involved in structuring and organising private equity funds 

and a discussion of issues unique to funds organised to invest in 

Russia and Central and Eastern Europe, and discuss recent private 

equity fund activity in the region. 

Speaker 

David A Fisher Innova Capital LLC, Warsaw, Poland 

Securities Law 

0930 – 1230 THURSDAY 


Co-Chairs 

G Blair Cowper-Smith McCarthy Tétrault LLP, Toronto, Ontario, 

Canada 

Jaap Willeumier Stibbe, Amsterdam, the Netherlands 

Investigations and enforcement proceedings: 

what to do when the securities regulator 

comes calling 

Session Chair 

W Jay Clayton III Sullivan & Cromwell LLP, London, England; Chair, 

Securities Issues in Mergers, Acquisitions and Reorganisations 

This session will focus on the legal and practical considerations of 

corporate investigations and enforcement proceedings by securities 

regulators and how to counsel clients in such situations. 

The panel will examine some of the recent high-profile 

investigations and enforcement actions in Europe, the United States 

and elsewhere and will review a case study of a hypothetical 

situation and the twists and turns that such situations usually 

involve (eg, how to respond to a dawn raid or what to do when a 

‘whistleblower’ e-mail arrives on the CEO’s desk). 

Dealing with the securities regulators, special board committees, 

the media and investors will be discussed, as well as financial 

restatements and the impact of the new EU directives regarding 

insider trading and market manipulation. 

Speakers 

W Jay Clayton III 

Jose Garrido Garcia Cuatrecasas, Madrid, Spain 

Robert D Joffe Cravath Swaine & Moore LLP, New York, USA 

Walter E Jospin Paul Hastings Janofsky & Walker LLP, Atlanta, 

Georgia, USA; Vice-Chair and Publications Officer, Securities Law 

Mario Zanchetti Studio Legale Stella, Milan, Italy 






Hollinger unbuttoned 

Joint session with the Capital Markets Forum. 


G Blair Cowper-Smith 

Claudio Visco Macchi di Cellere Gangemi, Rome, Italy; Vice-Chair, 


Based on a case study, and involving both regulators and lawyers, 

the session will start with the basic facts surrounding the 

multijurisdictional business of Hollinger including a review of its 

board composition and selection process. 

The following issues will be explored: 

the role of supervoting shares in the chain of ownership with 

Ravelstone and its voting control of the public companies; 

the limited equity interest of Ravelstone and related companies in 

the enterprise; 

the relationship between equity ownership and accountability; 

board processes and procedures around approval (or the lack 

thereof) of related party transactions;

conflicts of interest for a number of the directors in distribution 

of Hollinger profits to shareholders; 

internal disclosure; 

shareholder activism and the role of institutional shareholders in 

holding Hollinger accountable; 

cross-border enforcement issues and conflicts between 

regulators; 

cooperative approaches taken by regulators; 

use of the corporate law to appoint an inspector; 

the powers of the inspector; 

the relationship between civil and criminal proceedings; and 

use of information extracted in civil proceedings for criminal 

prosecution purposes. 

The Richard Breeden report will make interesting reading ahead of 

time for attendees. Session materials will be available on the IBA 

website one week in advance of the Conference. 

Speakers 

J Allen Maines Paul Hastings Janofsky & Walker LLP, Atlanta, 

Georgia, USA 

Kelley M McKinnon Ontario Securities Commission, Toronto, 

Ontario, Canada 

Thomas Krantz World Federation of Exchanges, Paris, France 

Logan G Robinson Delphi Corporation, Troy, Michigan, USA; 

Co-Chair, Corporate Counsel Forum 

Lukas Sevcik Linklaters, Prague, Czech Republic 

Richard Hough Allen & Overy LLP, London, England 

0930 – 1230 THURSDAY 


Due diligence in capital markets and other 


Joint session with Banking Law. 


Philip Boeckman Cravath Swaine & Moore LLP, London, England; 

Vice-Chair, Securities Law 

Tarja Wist Waselius & Wist, Helsinki, Finland; Co-Chair, Innovations 

in Financing Transactions 

This session will focus on how the type and level of due diligence 

varies depending on the transaction (eg a syndicated bank 

financing versus a block trade versus an SEC registered offering) 

and understanding the purpose of due diligence and the role and 

responsibility of lawyers and expectations of clients. The difference 

between due diligence approach and practice across jurisdictions 

will be examined, as well as coordination among the different 

lawyers. 

The relationship between due diligence and legal opinions will be 

reviewed. Practical tips, lessons learned and potential pitfalls will 

also be discussed. 

Speaker 

Maximilian Schiessl Hengeler Mueller, Düsseldorf, Germany 

Laura Holleman Goldman Sachs, London, England 

Charles D Z Martin Macfarlanes, London, England; Chair, Financing 

in the Capital Markets 



1400 – 1700 THURSDAY 


International corporate takeovers – 

pitfalls and tips 


0930 – 1230 FRIDAY 

Club H, PCC 

Human Resources Section 

Discrimination and 

Gender Equality 

Chair 

Keith Corkan Rosenblatt, London, England 

Disability discrimination – 

EU Framework Employment Directive 

Session Chair 

Barry Mordsley Salans, London, England; Vice-Chair, Discrimination 

and Gender Equality 

Disability legislation has been extended in Member States of the 

European Union by this important new directive. Member States 

are required to introduce new disability legislation including a new 

form of direct discrimination, expansion of the obligation to make 

reasonable adjustments, elimination of the justification defence to 

direct discrimination and the introduction of a new form of 

disability-related discrimination. The new rules also include a 

specific right not to be harassed for a reason relating to disability 

and the burden of proof has shifted to employers. Employers will be 

required to work their way through increasingly complex legislation 

to avoid discriminating against employees and job applicants. 

A panel of expert practitioners will consider these changes and 

how employers can take steps to understand and effectively 

implement the legislation, both in the domestic context and for 

those businesses which operate cross border. 

Speakers 

Thomas Griebe Taylor Wessing, Hamburg, Germany 

David Reade Littleton Chambers, London, England 

Peter McInnes Mason Hayes & Curran, Dublin, Ireland 

0930 – 1230 TUESDAY 


National reconciliation: history and law 

Joint session with the Human Rights Institute. 


0930 – 1230 TUESDAY 


Gender and ethnicity in judges 

Joint session with the Judges’ Forum. 

Session Chair 

Anita Stuhmcke University of Technology, Sydney, New South 

Wales, Australia; Vice-Chair and Newsletter Editor, Discrimination 


Increasingly, diversity and equal opportunity programmes are seen 

as important policy objectives for organisations in both the public 

and private sectors. This includes the judiciary in an increasing 

number of jurisdictions with appointment boards and committees 

being held more accountable for promoting minorities to the 

Bench. But do such diversity programmes genuinely unlock 

potential? Is it necessary or desirable to have a diversified judiciary 

in preference to an elite one and can positive discrimination in 

favour of unrepresented groups ever be justified in the judicial 

context? These issues will be considered by a panel of distinguished 

judges and judicial commentators. 

Speakers 

Roselyn Atkinson Supreme Court of Queensland, Brisbane, 

Queensland, Australia 

Louis Bernard Buchman Hirsch Associés, Paris, France 

43 



Leny E de Groot van Leeuwen Radboud Universiteit, Nijmegen, 

the Netherlands 



Sex discrimination in remuneration 

Session Chair 

Keith Corkan 

Sex discrimination claims by senior female executives are more 

prevalent than ever in many jurisdictions. Increasingly, such 

proceedings include equal pay claims often ‘spiced up’ by 

newsworthy harassment allegations. In addition to highlighting the 

continued existence of the gender pay gap, equal pay claims raise 

difficult procedural issues such as the extent to which categories of 

employers can be cited as comparators, whether pay data can be 

procured from employers and whether these principles can be 

applied cross border. Multinational companies to a greater degree 

are affected by the decisions of courts and tribunals in different 

jurisdictions. 

This session will consider the views of a panel of in-house counsel 

and practitioners experienced in pursuing and defending equal pay 

claims, both in the domestic context and cross border. 

Speakers 

Xan Raskin Bristol Myers Squib, New York, USA 

Monique Beguiachvili Coudert Brothers LLP, Paris, France 

David Lowe Rudy Exelrod & Zieff LLP, San Francisco, California, USA 

Katell Deniel-Allioux Salans, Paris, France 

Ignacio Funes de Rioja Funes de Rioja & Asociados, Buenos Aires, 

Argentina 

Jane Mann Fox Williams, London, England 

44 

1400 – 1700 THURSDAY 


Employment and 

Industrial Relations Law 

Chair 

John K Weir John K Weir Law Offices LLC, New York, USA 

Compensation for management and directors 

in M&A transactions 


1400 – 1700 MONDAY 


Restrictive covenants in employment contracts 

and other mechanisms for protection of 

corporate confidential information 


Pascale Lagesse Freshfields Bruckhaus Deringer, Paris, France; 

Publications Officer and Newsletter Editor, Employment and 

Industrial Relations Law 

Mariann Norrbom Norrbom & Vinding, Copenhagen, Denmark; 

Senior Vice-Chair, Employment and Industrial Relations Law 

In today’s highly competitive business world, companies are keen to 

ensure that confidential information does not fall into the wrong 

hands. The turnaround of the job market has led to an increase in 

job-hopping by employees, and companies must therefore find 

ways to manage the risk of seeing their employees take valuable 

company information with them upon leaving the company. 

This session will be divided into two parts, with the morning 

focusing on the legal framework, including the rules and 

regulations governing restrictive covenants and the different types 

of covenants employers can utilise to protect their legitimate 

interests. The trends in this area will be addressed as will 

enforceability and recourse issues. This will be followed by an 

interactive approach in the afternoon based on a case study/role 

play experience, in which we will explore the practical aspects of 

the question through a hypothetical fact pattern on which 

representatives of private companies, in-house counsel, legal 

advisers and a judge will provide their insight. 

Speakers 

Philip M Berkowitz Nixon Peabody LLP, New York, USA 

David L Brisbin Stringer Brisbin Humphrey, Toronto, Ontario, 

Canada; Secretary, Employment and Industrial Relations Law 

Lisa Catanzaro Diageo, Norwalk, Connecticut, USA 

Oscar de la Vega Basham Ringe & Correa SC, Mexico City, Mexico 

Ignacio Funes de Rioja 

George Greibe NOCA, Copenhagen, Denmark 

Raymond Jeffers Linklaters, London, England 

Manishi Pathak Kochhar & Co, New Delhi, India 

George Ribeiro Vivien Chan & Co, Shanghai, People’s Republic of 



Dirk Jan Rutgers Kennedy Van der Laan, Amsterdam, the 

Netherlands; Secretary and Website Coordinator, Discrimination 


Franco Toffoletto Toffoletto e Soci, Milan, Italy 

Rob Towner Bell Gully, Auckland, New Zealand 

Lars Villumsen Bavarian Nordic A/S, Kvistgård, Denmark 

Justice Glen Williams Court of Appeal, Supreme Court of 

Queensland, Brisbane, Queensland, Australia 

0930 – 1700 TUESDAY 

Club E, PCC 

Cross-border investigation of complaints of 

harassment or violation of company ethics or 

conflict of interest policies and corporate fraud, 

abuse and corruption 


Robert J Mignin Seyfarth Shaw LLP, Chicago, Illinois, USA; 

Vice-Chair, Employment and Industrial Relations Law 

John K Weir 

As international businesses continue to expand their global 

operations, issues often arise with regard to alleged harassment or 

discrimination by managers or violations of company conflict of 

interest or ethics policies, codes of conduct or financial disclosure 

requirements. These issues often involve a manager or group of 

employees working in more than one country. 

This programme will explore many of the complex legal and 

practical HR issues that must be considered by in-house and outside 

counsel whenever a company receives a complaint pertaining to 

possible violation of: (1) any employment laws or regulations; 

(2) a company’s code of conduct or ethical statements or conflict 

of interest policies; (3) financial improprieties; or (4) allegations of 

corporate fraud, corruption, abuse or breach of fiduciary duties by 

managers or executives.

0930 – 1045 

Legal overview: responding to and investigating complaints 

of harassment or violation of ethical codes of conduct, 

conflict of interest policies or corporate fraud, abuse or 

corruption 

This session will include: a review of regulatory and statutory 

developments on corporate compliance programmes and codes of 

conduct; a company’s legal obligations to investigate and report 

complaints of corporate fraud or discrimination; whistleblower 

protection and defence of retaliation claims; rights of employees 

during an investigation; impact of data protection on cross-border 

investigations; protection of confidential employee information; 

privileges which may be asserted by in-house counsel; and the 

role of outside counsel. 

Moderators 

Els de Wind Van Doorne, Amsterdam, the Netherlands 

Gerlind Wisskirchen CMS Hasche Sigle, Cologne, Germany 

Speakers 

Philip W Clements First Vice-President and Senior Counsel, 

Washington Mutual Bank, Seattle, Washington, USA 

Anthony Dessain Bedell Cristin, St Helier, Jersey, Channel Islands 

Roy Heenan Heenan Blaikie LLP, Montreal, Quebec, Canada 

Tim Johnson Kilpatrick Stockton LLP, London, England 

David H Resnicoff Director and Counsel, Compliance Investigations, 

Tyco International (US) Inc, Princeton, New Jersey, USA 

Chris Van Olmen Van Olmen Wynant, Brussels, Belgium; Secretary, 

Law Firm Management 

1115 – 1230 

Practical guidelines: how to conduct a cross-border corporate 

investigation of complaints of harassment, fraud, abuse or 

corruption 

This session will include: best practices and practical guidelines to 

be followed when undertaking corporate investigations of 

complaints of fraud, abuse or violation of ethical guidelines; the 

role of a company’s compliance officer and in-house and outside 

legal counsel; impact of alleged criminal violations by corporate 

officers or employees on the conduct of investigations; issues 

relating to document retention and destruction; choice of 

investigators; communication to employees subject to investigation; 

preparation of investigatory reports and confidentiality. 

Moderator 

Rob Towner 

Speakers 

D Jan Duffy Management Practices Group, San Francisco, 


Michael Magotsch Coudert Brothers LLP, Frankfurt am Main, 

Germany 

Inigo Sagardoy Sagardoy Abogados, Madrid, Spain 

Mark Snyderman Director of Compliance Programs, The Coca-Cola 

Company, Atlanta, Georgia, USA 

Philippe Thomas Lovells, Paris, France 

Jorgen Vinding Norrbom & Vinding, Copenhagen, Denmark 

1430 – 1515 

Panel discussion – hypothetical case study 

This session will review all the legal and practical issues associated 

with a hypothetical case study which concerns an investigation to 

be undertaken by an international company which has received 

harassment and discrimination complaints concerning the conduct 

of a senior executive and other lower-level managers in various 

jurisdictions. These complaints also allege violations of the 

company’s conflict of interest policy and improper conduct 

towards colleagues. 

Moderator 

Michael Burd Lewis Silkin, London, England 

Panellists 

Brendan Carr Aurora Law Offices, Seoul, Korea 

Richard Devereux Intel Corporation, Swindon, England 

Paul Glenfield Matheson Ormsby & Prentice, Dublin, Ireland 

Sarah Gorman Senior Labor and Employment Counsel, GE 

Commercial Finance, Stamford, Connecticut, USA 

Joël Grangé Gide Loyrette Nouel, Paris, France 

Dirk Jan Rutgers Kennedy Van der Laan, Amsterdam, the 

Netherlands; Secretary and Website Coordinator, Discrimination 


1545 – 1730 

Panel discussion – hypothetical case study 

This session will review all the legal and practical issues associated 

with a hypothetical case study which concerns an investigation to 

be undertaken by an international company and its in-house 

counsel which has received complaints that senior managers have 

engaged in improper business conduct (falsifying financial 

statements and expense reports) in violation of the company’s 

ethical policies and codes of conduct and statutory laws of several 

jurisdictions. 

Moderator 

Marcus Beresford A&L Goodbody, Dublin, Ireland 

Panellists 

James Beyer Accenture Legal and Commercial, Chicago, Illinois, 

USA 

Oscar de la Vega Basham Ringe y Correa SC, Mexico City, Mexico 

Rosalind Gordon Vice-President and Human Resources Legal 

Counsel, Pitney Bowes Inc, Stamford, Connecticut, USA 

Nataša Randlová Procházka Randl Kubr, Prague, Czech Republic 




Werner Walk CMS Hasche Sigle, Stuttgart, Germany 

The full text of both case studies can also be downloaded from 

www.ibanet.org. Copies will be available in the meeting room. 



Committee business meeting 

An open meeting of the Employment and Industrial Relations Law 

Committee will be held to discuss future activities. 

1100 – 1230 THURSDAY 

Meeting Room A, Holiday Inn Hotel 



1930 THURSDAY 

45 



Immigration and 

Nationality Law 

Co-Chairs 

Scott Borene Borene Law Firm, Minneapolis, Minnesota, USA 

Howard Greenberg Greenberg Turner, Toronto, Ontario, Canada 

Doctors, nurses and scientists without borders – 

international work visa options for health 

professionals and biomedical scientists 

Session Chair 

Gregory Siskind Siskind Susser Haas & Devine, Memphis, 

Tennessee, USA 

Many countries with rapidly aging populations are experiencing 

shortages of doctors, nurses and allied health professionals. In 

addition, many countries are seeking to promote rapid expansion 

of pharmaceutical and biomedical industries as a critical driver of 

economic growth. The combined effect of these trends has spurred 

a global competition for international healthcare and scientific talent. 

This session will survey temporary and permanent work visa 

options for life scientists, doctors and nurses around the world, 

including a review of special immigration advantages or 

disadvantages for specific professions in different countries. 

Speakers 

Pablo Kaufer-Barbe Kaufer Barbe & Vincent, Buenos Aires, 

Argentina 

Robert Walsh Sparke Helmore, Canberra, Australian Capital 

Territory, Australia 

José Vicente E Jimenez JG Law, Makati City, Philippines 

46 

1400 – 1700 MONDAY 


Global business immigration update 

Session Chair 

Graeme Kirk Gross & Co, London, England; Council, Legal Practice 

Division; Council, Public and Professional Interest Division 

This session will provide a global survey of the latest changes in 

business immigration policies and practices in several of the leading 

work visa destination countries in the European Union, the 

Americas and the Asia Pacific region. 

What are the new immigration and work visa rule changes in 

2005 in the USA, Canada, the UK, the Netherlands, Australia and 

other developed countries? 

How long does it take to obtain a visa and work permission for a 

foreign national? 

What additional policy changes are expected in 2006 and 

beyond? 

Speakers 

Julia Onslow-Cole CMS Cameron McKenna, London, England; 


Catherine Sas Immigration Law Centre, Vancouver, British 

Columbia, Canada 

Bas Hopelman Everaert Advocaten, Amsterdam, the Netherlands 

Gabrielle Buckley Vedder Price Kaufman & Kammholz, Chicago, 

Illinois, USA; Secretary, Immigration and Nationality Law 

Urs Haegi VISCHER, Zurich, Switzerland; Newsletter Editor, 

Immigration and Nationality Law 

Fernando Scornik Gerstein Fernando Scornik Gerstein Abogados, 

Madrid, Spain; Vice-Chair, Senior Lawyers 

C Jerome Dill Appleby Spurling Hunter, Hamilton, Bermuda 


Meeting Room 4.1, PCC 

The new EU – new immigration and 

cross-border employment rules 

Session Chair 

Sergio Karas Karas & Associates, Toronto, Ontario, Canada; 

Vice-Chair, Immigration and Nationality Law 

Transition rules for EU accession countries. 

Who may legally work across borders in the new EU countries? 

Who may legally work across borders from the new accession 

countries? 

Speakers 

Nadine Owen CMS Cameron McKenna, London, England 

Marco Mazzeschi Nunziante Magrone, Milan, Italy 

Neil McHardy McHardy & Chassee Rechtsanwälte, Cologne, 

Germany 

Ted L Badoux Everaert Advocaten, Amsterdam, the Netherlands; 

Vice-Chair, Immigration and Nationality Law 

Bernard Caris Marx Van Ranst Vermeersch, Brussels, Belgium 

0930 – 1230 THURSDAY 

Club B, PCC 

The globalisation of immigration law practice – 

managing outbound immigration projects 

Session Chair 

Suzanne M De Lint Greenberg Turner, Toronto, Ontario, Canada 

Every day, tens of thousands of employees cross international 

borders for employment purposes. What options are available to 

immigration lawyers to help their multinational business clients 

comply with immigration and visa law requirements in multiple 

countries for these expatriate workers? 

alternative strategies for managing outbound immigration 

projects: multijurisdictional practice, use of co-counsel, local 

counsel or referral? 

who is your client? (working with employers, employees and 

their family members); 

data privacy issues; and 

managing possible conflicts of interest. 

Speakers 

Scott Fitzgerald Fragomen Del Rey Bernsen & Loewy PC, New York, 

USA 

Kenneth Ing Clark Wilson, Vancouver, British Columbia, Canada 

Laura Devine Laura Devine Solicitors, London, England 

Ted L Badoux 

Anne O’Donoghue Anne O’Donoghue & Associates, Sydney, 

New South Wales, Australia 

Stephane Coulaux Meffre & Grall, Paris, France 

Carolina Garutti EMDOC Specialised Services, São Paulo, Brazil 

1400 – 1700 THURSDAY 

Club B, PCC 



2000 THURSDAY

Insolvency, Restructuring 

and Creditors’ Rights 

Co-Chairs 

Ben Floyd Munsch Hardt Kopf & Harr PC, Houston, Texas, USA 

Agustín Bou Jausas, Barcelona, Spain 

Aviation insolvency 

Joint session with Aviation Law. 


Christopher W Besant Cassels Brock & Blackwell LLP, Toronto, 

Ontario, Canada; Senior Vice-Chair, Insolvency and Creditors’ 

Rights 

Berend Crans De Brauw Blackstone Westbroek, Amsterdam, 


Few industries impact global commerce more than commercial 

aviation. The causes of instability in this sector are myriad: 

terrorism, SARS, rocketing fuel prices, regulation/deregulation, 

cut-throat competition from discounters and burdensome legacy 

and social costs. From Air Bourbon to Volare, at least 30 carriers 

have restructured or filed proceedings to reorganise or liquidate 

in the past months. Panellists, drawn from the ranks of insolvency 

professionals, aviation consultancy and various segments of the 

industry will address one of the most complex and persistent 

economic issues confronting the global economy in the 21st 

century. 

Speakers 

Steven van de Heijden TUI Nederland NV and ArkeFly, Rijswijk, 


William J Rochelle III Fulbright & Jaworski LLP, New York, USA 

Frank Bennett Bennett & Company, Toronto, Ontario, Canada 

Cameron A McCaw Zwaig Consulting Inc, Antigua, West Indies 

Lenard Parkins Hayes & Boone LLP, Houston, Texas, USA 

Brigitte Umbach-Spahn Wenger Plattner, Zurich, Switzerland 

Rutger Schimmelpenninck Houthoff Buruma, Amsterdam, the 

Netherlands 

Steve Akers Grant Thornton UK LLP, London, England 

Maria Regina Lynch Xavier Bernardes Bragança, São Paulo, Brazil; 

Vice-Chair, Aviation Law 

Neil Harnby Linklaters, Amsterdam, the Netherlands 

Selinda A Melnik Edwards & Angell LLP, Wilmington, Delaware, 

USA; Council, Legal Practice Division; Vice-Chair, UNWOC 

Huib van Doorn debis AirFinance BV, Amsterdam, the Netherlands 






The world’s insolvency court? 

Session Chair 

Leonard H Gilbert Holland & Knight LLP, Tampa, Florida, USA 

This session will focus on the use of US bankruptcy law by or 

against non-US entities to obtain relief that would not otherwise be 

available in the debtor’s homeland. Recent cases to be covered will 

include: the Chapter 11 filing of the Russian oil giant, Yukos Oil 

Company; Parmalat SpA, with its multiple filings under Chapter 11 

(as well as under section 304); Globo Comunicações e Participações 

SA (Globopar), in which US bondholders filed an involuntary 

Chapter 11 case against a Brazilian debtor; and the case of the 

Colombian airline, Avianca, which recently reorganised under 

Chapter 11. The session will also consider recent filings under 

section 304 of the Bankruptcy Code, including cases brought by 

Varig Airlines and by Multicanal SA, in which US recognition has 

been sought for an Argentine ‘prepackaged’ proceeding. 

The effect of the EU regulations will also be examined – under 

what circumstances should the centre of main interest be in the 

United States? The panel will also briefly discuss the potential 

impact of new Chapter 15 of the US Bankruptcy Code, which 

adopts in part the UNCITRAL Model Law on Cross-Border 

Insolvency and which is scheduled to replace current section 304 

in cases filed on and after 17 October 2005. 

Speakers 

The Honourable Allan L Gropper United States Bankruptcy Court, 

New York, USA 

Hugh M Ray Andrews Kurth LLP, Houston, Texas, USA 

William H Schrag Morgan Lewis & Bockius LLP, New York, USA 

Daniel R Vitolo Vitolo Abogados, Buenos Aires, Argentina; 

Vice-Chair, Insolvency and Creditors’ Rights 

Christopher Mallon Weil Gotshal & Manges LLP, London, England 

0930 – 1230 THURSDAY 

Club E, PCC 

Insolvency reform in Eastern Europe 

Session Chair 

Thomas J Salerno Squire Sanders & Dempsey LLP, Phoenix, Arizona, 

USA 

Insolvency law reform is becoming an international phenomenon, 

with major efforts underway in Eastern Europe. The panel will focus 

on insolvency law reform efforts in the Czech Republic, Slovakia, 

Romania, and other Eastern European countries, including 

discussions of political, cultural and economic challenges relating 

to such efforts. 

Speakers 

The Honourable Redfield T Baum United States Bankruptcy Court, 

Phoenix, Arizona 

Katarina Čechová Čechová & Partners, Bratislava, Slovakia 

Sylva Rychtalikova Rychtalikova Sylva JUDr. Advokat, Prague, 


Barbu Radu Milhaescu Bucharest, Romania 

Thomas J Salerno 

Bohumil Havel Pilsen, Czech Republic 

1400 – 1600 THURSDAY 

Club E, PCC 

Open business meeting: project updates and 

future programmes 

All Section members are invited to join the Officers of the Section 

on Insolvency, Restructuring and Creditors’ Rights (SIRC) for an 

update on current and planned Section projects, the opportunity to 

get more actively involved in the Section’s work and suggest panel 

topics for future conferences, and an open, lively exchange on the 

most pressing insolvency issues internationally. 

1600 – 1700 THURSDAY 

Club E, PCC 

47 



Intellectual Property, 

Communications and Technology 

Section 

Art, Cultural Institutions 

and Heritage Law 

Co-Chairs 

Jean-François Canat UGCC & Associés, Paris, France 

Christina Manasse Studio Legale Rubini, Milan, Italy 

Do all historic sites deserve preservation? 

Where do we draw the line between 

contemporary developments and the 

needs of the past, and who decides? 



1400 – 1700 MONDAY 

Club D, PCC 

Image rights, rights of privacy – 

opportunities and limitation 





A TOUR AND DINNER will be held for Committee members and 

guests. See page 91 for details. 


Art collectors and collections: legal and 

fiscal regime 

Joint session with Individual Tax and Estate Planning, Wills, 

Trusts and Succession. 

This session will be held at the Museum of Decorative Arts; 

co-sponsored by Farrer & Co, Niederer Kraft & Frey, Studio 

Legale Rubini and UGGC & Associés. 

Delegates are requested to make their own way to the Museum at 

the following address: 

Museum of Decorative Arts 

Ulice 17, Listopada 2, Staré Mesto, Prague 1 

Only a limited number of places are available so please register your 

interest early at the Speakers’ Desk on Registration. 


Christina Manasse 

Edgar H Paltzer Niederer Kraft & Frey, Zurich, Switzerland; Chair, 

Individual Tax and Estate Planning, Wills, Trusts and Succession 

This session will address the legal and fiscal problems that arise in 

dealing with art collections. 

Areas covered will include: 

the legal regime; 

IP rights on collections; 

the protection and immunity of items; 

fiscal regime of collections; 

incorporation of trust (advantages/disadvantages) and real estate 

planning; and 

inheritance issues. 

48 

Speakers 

Peter J McGovern The John Marshall Law School, Chicago, 

Illinois, USA 

Pierre Valentin Withers, London, England 

Juan Carlos Uribe Triana Uribe & Michelsen, Bogotá, Colombia; 

Vice-Chair, Art, Cultural Institutions and Heritage Law 

Ineke A Koele Van Mens & Wisselink, Utrecht, the Netherlands 

Laurent Chambaz UGGC & Associés, Paris, France 

0930 – 1230 THURSDAY 

Museum of Decorative Arts, Prague 

Illicit trade of art in Eastern Europe 

Joint session with the European Forum. 

Session Chair 

Andreas Cwitkovits Law Firm Cwitkovits, Vienna, Austria; 

Newsletter Editor and Website Coordinator, Art, Cultural 

Institutions and Heritage Law 

This session will look at the experiences of some countries, in 

particular in Eastern Europe, in relation to illicit trade of art. 

Topics will include: provenance inquiries; purchaser’s due 

diligence; rules of behaviour (code of ethics) for museums and 

auctioneers; good faith purchases; export permissions; enforcement 

of foreign judgments; police/court power versus seizure immunities; 

the statute of limitation and its revision and the restitution of 

illegally exported/stolen property. 

Speakers 

Christoph von Graffenried Steinbrüchel Hüssy, Zurich, Switzerland; 

Vice-Chair, Art, Cultural Institutions and Heritage Law 

Felicitas Kunth Dorotheum GmbH & Co KG, Prague, 


Louisa von Loringhoven The Art Loss Register, London, England 

Zoltán Zárdai Kovács Réti Szegheö, Budapest, Hungary 

Tomasz Zasacki Wardyński & Partners, Warsaw, Poland 

Marc-André Renold Geneva University, Geneva, Switzerland 

Communications Law 

0930 – 1230 FRIDAY 

Club C, PCC 

Co-Chairs 

Peter Eijsvoogel Allen & Overy LLP, Amsterdam, the Netherlands 

Stephanie Liston Wilmer Cutler Pickering Hale and Dorr LLP, 


Internet governance: issues to be considered by 


Joint session with Intellectual Property and Entertainment Law 

and Technology and e-Commerce Law. 


Michael Bernasconi Bär & Karrer, Zurich, Switzerland; Vice-Chair, 

Communications Law 

Rolf auf der Maur VISCHER, Zurich, Switzerland; Vice-Chair, 

Technology and e-Commerce Law 

Peter Brownlow Bird & Bird, London, England; Chair, Trademark 

Law 

On 11 November 2004, the UN Secretary-General, Kofi Annan, 

appointed the Working Group on Internet Governance (WGIG). The 

WGIG will make proposals on the governance of the internet in a 

report to be considered at the World Summit on the Information 

Society that will take place in Tunis in November 2005. 

The WGIG intends to address, among other things, current and 

new internet governance mechanisms, major public policy issues

and priorities and future developments and scenarios – both 

technological and policy/regulatory. 

This session will focus on some of the most crucial issues that are 

of interest for the communications, IP and computer and 

technology legal communities. Speakers will look at legal issues 

such as the governance of the internet infrastructure (peering, 

access, VoIP, standards, etc), the governance of internet security 

(cybersecurity, cybercrime, security of network and of information 

systems, unlawful contents and access protection, etc) and the 

issues relating to the use and governance of IP rights and the 

internet. 

Speakers 

Dean Marks AOL Time Warner, New York 

Clara-Luz Alvarez Mexican Telecommunications Commission, 

Mexico City, Mexico; Chair, Regulation and Competition 

Innocenzo Genna Tiscali SpA, Cagliari, Italy 

Stefan Schuppert Lovells, Munich, Germany; Vice-Chair, Technology 

and e-Commerce Law 

Jan Lichtenberg T-Online International AG, Darmstadt, Germany 

Gordon Moir BT Global Services, London, England 

Ronald Zink Microsoft Corporation, Redmond, Washington, USA; 

Vice-Chair, Protection of Technology and Information 

1400 – 1700 MONDAY 


Telecommunications regulation and practice 

in the ten new EU Member States: 

progress and problems 


Stephanie Liston 

Peter Eijsvoogel 

The ten new EU Member States were obliged to transpose the new 

EU electronic communications framework into national legislation 

from the date of their accession to the European Union – 1 May 

2004. 

This session will consider the following issues: 

the status and roadblocks to implementation of the new EU 

framework, universal service requirements, the resources and 

independence of national regulators in the telecoms sector and 

the market analysis process; 

experiences of incumbents and new entrants’ operators, 

including lack of public consultation/transparency, insufficient 

availability of numbers, rights of way and facilities and nonavailability 

of carrier selection and local loop unbundling; and 

the impact on investment and valuations in the telecoms sector 

in the new Member States. 

Speakers 

Péter Dankó Magyar Telecom, Budapest, Hungary 

Stephen Kines Kines, Prague, Czech Republic 

Kip Meek Ofcom, London, England 

David Wheeler Credit Suisse First Boston, London, England 

Violetta Kunze Djingov Gouginski Kyutchukov & Velichkov, Sofia, 

Bulgaria 

0930 – 1230 TUESDAY 




1945 TUESDAY 

Spectrum policy and planning: paradigms for 

allocation of a critical limited resource 

Joint session with Outer Space Law. 


Owen D Kurtin Brown Raysman Millstein Felder & Steiner LLP, 

New York, USA; Vice-Chair, Communications Law 

David G Boswell Bell Gully, Auckland, New Zealand; Co-Chair, 

Outer Space Law 

The competing demands for radio frequency bandwidth among 

WTO administrations, between civil and commercial use on the one 

hand, and governmental/military use on the other, and among 

terrestrial and space wireless and broadcast carriers, has made 

rational spectrum allocation more critical than ever before. 

As preparations for the ITU’s World Radiocommunication 

Conference 2007 in Geneva (WRC- 07) intensify, a panel of 

regulators and industry players will discuss key items on the 

international agenda. 

The session will consider the following issues: 

the impact of broadband penetration, compression and 

digitalisation on spectrum needs; 

‘mixed use’ spectrum licensing and policy; and 

allocation and reallocation of spectrum among industry players 

for telecommunications, navigation, meteorology, agriculture, 

land use management and other uses. 

Speakers 

Eric Fournier Agence Nationale Des Fréquences, Paris, France 

Peter G Leonard Gilbert & Tobin, Sydney, New South Wales, 

Australia; Co-Chair, Technology and e-Commerce Law 

Tom Tycz Former Chief, Satellite Division, International Bureau; 

Federal Communications Commission, Washington DC, USA 

Sudharma Yoonaidharma National Telecommunications 

Commission, Bangkok, Thailand 

Rachel Brandenburger Freshfields Bruckhaus Deringer, London, 

England 

Owen D Kurtin 



Intellectual Property 

and Entertainment Law 

Co-Chairs 

Lynda Zadra-Symes Knobbe Martens Olson & Bear, Irvine, 


Didier Sangiorgio Walder Wyss & Partner, Zurich, Switzerland 

Specialised intellectual property courts and 

tribunals: global perceptions and a framework 

to strengthen the enforcement of intellectual 

property rights 

Session Chair 

Clive Elliott Shortland Chambers, Auckland, New Zealand; Council, 


The challenges to intellectual property (IP) rights at so many 

levels have prompted an imminent need for establishing and 

institutionalising a framework mechanism of specialised IP courts 

and tribunals, to protect and enforce IP rights. There are delicate 

balances to be struck in most of the issues that call for detailed 

examination. 

Following on from our successful workshop in Auckland, this 

session will provide an excellent forum for discussion and exchange 

of ideas between IP litigants, judges and representatives of 

49 



countries that have an established IP court system. This session 

will discuss the purpose of setting up specialised IP courts and 

tribunals, average duration of suits, costs, and new strategies for 

more effective enforcement of IP rights. 

Whether you are in compliance, regulation or enforcement of 

IP rights, a lawyer in private practice, a judge or an IP rightholder, 

this session will provide you with a good insight into this important 

emerging issue. 

Speakers 

The Honourable Judge Michael Fysh Patents County Court, London, 

England 

Franco Benussi European Patent Office, Munich, Germany 

Urho Ilmonen Nokia Corporation, Helsinki, Finland; 

Chair, ICC Commission on Intellectual Property 

Judge Susanne Werner The Federal Patent Court, Munich, Germany 

1030 – 1230 MONDAY 

Club D, PCC 



Joint session with Communications Law. See page 48 for details. 

1400 – 1700 MONDAY 


Use and abuse of IP rights on the internet 

Joint session with Technology and e-Commerce Law. 

Session Chair 

Thomas Legler Python Schifferli Peter, Geneva, Switzerland 

Intellectual property rights are of central importance in maintaining 

a stable and positive environment for the development of electronic 

commerce. This session will bring together key players from the 

internet industry as well as IP experts from different regions who 

will discuss issues of the use and abuse of IP rights on the internet, 

such as: 

• new trends in internet technology and their possible abuse with 

regard to IP rights; 

the controversial issue of music and film distribution online and 

the implications for copyright; 

trademark infringement and unfair competition in certain 

advertising practices; and 

enforcement and compliance regarding IP rights. 

Speakers 

Horacio E Gutiérrez-Machado Microsoft EMEA, Paris, France 

Trevor M Albery Warner Bros Entertainment Europe, London, 

England 

Otto Volgenant Kennedy Van der Laan, Amsterdam, the 

Netherlands 

Nigel Wildish Field Fisher Waterhouse, London, England; Chair, 

Protection of Technology and Information 

Richard A Horning Tomlinson Zisko LLP, Palo Alto, California, USA 

Maureen Daly Beauchamps Solicitors, Dublin, Ireland 



Karel Čermák Jr Čermák Hořejš Myslil a spol, Prague, Czech 

Republic 

Raquel Xalabarder Jiménez de Parga Abogados, Barcelona, Spain 

Jingzhou Tao Coudert Brothers LLP, Beijing, People's Republic of 

China; Vice-Chair, Arbitration 

0930 – 1230 TUESDAY 


50 



1930 TUESDAY 

Persuasive presentation techniques in IP litigation 

Moderator 

Robert G Krupka Kirkland & Ellis LLP, Los Angeles, California, USA; 

Senior Vice-Chair, Intellectual Property and Entertainment Law 

Persuasion is a core skill in litigation. The techniques for effective 

presentations in IP litigation are in some ways different because 

of the often complex subject matter of IP cases. 

This programme will be an interactive training session in 

persuasive techniques, led by Professor Laurence Rose, Executive 

Director of the National Institute of Trial Advocacy (NITA). Since 

1971, NITA has been the pre-eminent provider of trial advocacy 

training in the United States, with a mission that includes developing 

and teaching trial advocacy skills to support and promote the 

effective and fair administration of justice. Join us to participate 

in a NITA-type interactive hands-on session that will improve the 

effectiveness and persuasiveness of your advocacy skills. 

Speaker 

Laurence M Rose University of Miami Law School, Miami, Florida, 

USA 

1400 – 1700 THURSDAY 

Club H, PCC 

Format rights in broadcasting 

Joint session with Media Law. See page 52 for details. 

0930 – 1230 FRIDAY 

Club D, PCC 

Copyright and Entertainment Law 

Chair 

Alexander Birnstiel Nörr Stiefenhofer Lutz, Munich, Germany 



Joint session with Art,Cultural Institutions and Heritage Law 

and Media Law. 


Rachel Atkins Schillings, London, England; Vice-Chair, Copyright 

and Entertainment Law 

Peter L Bartlett Minter Ellison, Melbourne, Victoria, Australia; 

Co-Chair, Media Law 

Jean-François Canat UGGC & Associés, Paris, France; Co-Chair, 

Art, Cultural Institutions and Heritage Law 

Do image rights exist? 

Image is becoming more and more important – for individuals 

(celebrity or not) and for companies. But can image rights be 

protected? Do we want them to be? What happens if you are a 

photographer or an artist – you own the copyright to your work – 

why can’t you use it? 

This session will look at the growth of this area of the law around 

the world. We will consider how various countries’ laws are 

becoming more uniform while others lag behind. Do people have a 

right to privacy? Can only celebrities protect their image? What 

about others? 

Equally as important, we will consider whether or not image 

rights are desirable – what about freedom of speech and freedom 

of expression?

Speakers 

Rachel Atkins 

Peter L Bartlett 

Robyn Abraham International Capital Solutions, Beverly Hills, 


David Jacoby Phillips Nizer LLP, New York, USA; Vice-Chair, 

Litigation 

Enric Enrich Enrich Advocats, Barcelona, Spain 

Isabelle Camus Selarl Atem, Paris, France 

Matthias Prinz Prinz Niedhardt Engerschall, Hamburg, Germany 

Alistair Bonnington BBC Scotland, Glasgow, Scotland 





Joint session with Licensing Intellectual Property and International 

Treaties and Antitrust. 

0930 – 1230 

Digital rights management (DRM) revisited 

Session Chair 

Alexander Birnstiel 

DRM has already been discussed for some years, however, mostly 

on a purely theoretical basis as it is only now that workable DRM 

solutions can be found in the marketplace. This calls for a review of 

the current international and national legal framework for DRM 

activities. 

DRM specialists from various jurisdictions will discuss whether 

and to what extent today’s legal framework matches with the 

technical and business realities and where legal adaptations are 

urgently needed. Moreover, the panel will shed light on the 

question of what impact DRM has and will have for old and new 

players in the entertainment world. 

Speakers 



Rose Auslander Carter Ledyard & Milburn LLP, New York, USA 

Andrew Sharp Charles Russell, London, England 

Martin Schippan Lausen Rechtsanwälte, Munich, Germany 

Leonardo Cervera Navas Data Protection Unit, DG Internal Markets, 


1400 – 1700 

DRM and the future of the collecting societies 


Matthias Nordmann Schwarz Kelwing Wicke Westpfahl, Munich, 

Germany; Chair, Licensing Intellectual Property and International 

Treaties 

Iñigo Igartua Gomez-Acebo & Pombo, Barcelona, Spain; 

Vice-Chair, Antitrust 

The historic balance between individual and collective licensing of 

copyright works has been shaken heavily by the rise of the internet 

and by DRM systems in particular. Lately, the European Commission 

has warned collecting societies that trying to transpose their 

national offline monopolies to the internet may breach EU 

competition law. 

An international panel will review these two challenges to today’s 

collecting societies. The panel will be followed by a discussion on 

the repositioning of collecting societies and its effects on the 

licensing and entertainment business. 

Speakers 

David W Kent McMillan Binch Mendelsohn, Toronto, Ontario, 

Canada 

Andrea Appella Time Warner Europe, London, England 

Torben Toft Principal Administrator, Media Unit, DG Competition, 


Sandra Heuser T-Online International, Darmstadt, Germany 

Tamás Gödölle Bogsch & Partners, Budapest, Hungary; Senior 

Vice-Chair, European Forum 

Pablo Hernandez Arroyo SGAE, Madrid, Spain 

Iñigo Igartua 

Matthias Nordmann 

0930 – 1700 THURSDAY 


Licensing Intellectual Property 

and International Treaties 

Chair 

Matthias Nordmann 





0930 – 1700 THURSDAY 


Patent Law 

Chair 

Gonzalo Ulloa Gomez Acebo & Pombo, Madrid, Spain 

Commercialising nanotechnology 

Joint session with Technology and e-Commerce Law. 


1400 – 1700 TUESDAY 


Use of expert witnesses in patent cases 

Session Chair 

Gonzalo Ulloa 

Experts are often a critical part of patent litigation in many 

jurisdictions around the world. In other jurisdictions, they play a less 

prominent role. To the extent that a conference delegate would 

have occasion to participate in multijurisdiction litigation, knowing 

how experts are used in different jurisdictions would be very 

valuable, particularly in the economic efficiency associated with 

using the same experts if possible in each of the jurisdictions. It is 

also valuable in assessing the costs associated with patent litigation 

in certain jurisdictions, as experts play a very prominent role in 

some jurisdictions and can add significant expense to the litigation. 

For that reason, the panel of speakers will consist of patent 

litigators from four continents: Asia, USA, Western Europe and 

Eastern Europe. Each panellist will present the role experts play in 

patent litigation in their respective jurisdiction, and will speak on 

topics including: 

aspects of patent litigation for which experts are typically used 

(eg technical, legal, economic, market); 

restrictions on use (ie how courts limit their oral and/or written 

testimony); 

typical issues that arise with patent experts; 

expert reports and/or declarations; 

51 



discovery of experts (if permitted); and 

specific examples of how courts have handled experts. 

Speaker 

Vito A Canuso III Knobbe Martens Olson & Bear LLP, Irvine, 


Junichi Kitahara Abe Ikubo & Katayama, Tokyo, Japan 

Andreas von Falck Lovells, Düsseldorf, Germany 

Karel Čermák Jr Čermák Hořejš Myslil a spol, Prague, Czech 

Republic 



Trademark Law 

Chair 

Peter Brownlow Bird & Bird, London, England 

Protection and enforcement of unconventional 

trademarks 

Session Chair 

Rosemary M Wallis Baldwins, Auckland, New Zealand; Vice-Chair, 

Trademark Law 

Colours, shapes, smells and sounds can all in theory be registered 

as trademarks, but the threshold is high and enforcement runs a 

high risk of a successful validity challenge. 

This session will consider unusual trademarks and the challenges 

they pose, including the tension between functional elements and 

distinctive character, and the scope of such marks for infringement 

purposes. The session will also look at how valuable these marks 

are and what they add to the more traditional methods of 

intellectual property protection in this area, such as copyright 

and design. 

Speakers 

Roger Wyand QC Hogarth Chambers, London, England 

Uwe Luken Bird & Bird, Düsseldorf, Germany 

Tamas Godölle Bogsch & Partners, Budapest, Hungary 

Lynda Zadra-Symes Knobbe Martens Olson & Bear LLP, Irvine, 


Chris Jordan Davies Collison Cave, Melbourne, Victoria, Australia 

Media Law 

52 

1400 – 1700 TUESDAY 


Chair 

Peter L Bartlett Minter Ellison, Melbourne, Victoria, Australia 

Terrorism – constraints on the media 

Session Chair 

Kurt Wimmer Covington & Burling, Washington DC, USA; 

Secretary, Media Law 

Freedom of speech is fundamental in a democratic society. This 

session will consider whether that freedom has been unreasonably 

impaired by action taken by governments in response to the threat 

posed by terrorists. 

Speakers 

Peter M Jacobsen Bersenas Jacobsen Chouest Thomson Blackburn 

LLP, Toronto, Ontario, Canada; Vice-Chair, Media Law 

Alasdair Pepper Carter-Ruck & Partners, London, England 

Gail Hambly John Fairfax Holdings Ltd, Sydney, New South Wales, 

Australia 

William Akel Simpson Grierson, Auckland, New Zealand 

Lloyd Constantine Constantine Cannon, New York, USA 

Sandra Baron Media Law Resource Centre, New York, USA 

1400 – 1700 MONDAY 


International media claims management 


Mark Stephens Finers Stephens Innocent LLP, London, England; 

Senior Vice-Chair, Media Law 

James Borelli Aon, Kansas City, Missouri, USA 

This session will consider the particular problems faced by the 

media and insurers, where there are cross-border or foreign 

jurisdiction claims. How do insurers manage the risk and manage 

the litigation for international claims? 

Speakers 

Robert D Balin Davis Wright Tremaine, New York, USA 

Gail Hambly General Counsel, John Fairfax Holdings Ltd, Sydney, 


Roger McConchie McConichie Law Corporation, Vancouver, British 


Chris Newton Media Professional Insurance, London, England 

David B Smallman DLA Piper Rudnick Gray Cary, New York, USA 






See pages 50 for details. 



Sporting events and the media 

Joint session with Sports and Gaming Law. 


Peter L Bartlett 

Goffredo Guerra McDermott Will & Emery / Carnelutti, Milan, Italy; 

Chair, Sports and Gaming Law 

A review of the latest developments in the exploitation of sporting 

events, eg FIFA World Cup 2006, by the media. Is commercial 

potential for the sports, media and entertainment industries being 

over-restricted by regulatory issues? 

Speakers 

Ramon I Moyano Estudio Beccar Varela, Buenos Aires, Argentina 

Peter James Allens Arthur Robinson, Sydney, New South Wales, 

Australia 

Jorg vön Appen Sportfive GmbH & Co KG, Hamburg, Germany 

0930 – 1230 THURSDAY 


Format rights in broadcasting 

Joint session with Intellectual Property and Entertainment Law. 

Session Chair 

Sebastian Seelmann-Eggebert Latham & Watkins LLP, Hamburg, 

Germany; Newsletter Editor, Media Law 

Herman Croux Marx Van Ranst Vermeersch & Partners, Brussels, 

Belgium; Secretary, Intellectual Property and Entertainment Law 

Show formats such as Big Brother require considerable investment 

and can reap enormous commercial rewards. For this reason, 

successful shows are susceptible to imitation. This session explores 

what protection intellectual property law affords to the

oadcasting format as such. It will also discuss whether the level of 

protection is adequate to promote the development of new formats 

in the future. 

Speakers 

Madeleine Severová Media Trust Communications, Prague, Czech 

Republic 

Wim Hoen Endemol International BV, Hilversum, the Netherlands 

Colin Jarvis BBC Worldwide Ltd, London, England 

Eric Lauvaux Nomos, Paris, France 

Herman Croux 

Sebastian Seelmann-Eggebert 

0930 – 1230 FRIDAY 

Club D, PCC 

Outer Space Law 

Co-Chairs 

Thomas Beer Council of the European Union, Brussels, Belgium 

David Boswell Bell Gully, Auckland, New Zealand 



1945 TUESDAY 

Spectrum policy and planning: paradigms 

for allocation of a critical limited resource 




‘Beam me up, Scotty!’ Space tourism and 

its technical, legal and regulatory aspects 



Norbert Knittlmayer Aderhold v Dalwigk Knüppel, Cologne, 

Germany; Vice-Chair, Outer Space Law 

Hans-Josef Vogel Busse & Miessen, Bonn, Germany; Vice-Chair, 

Travel, Tourism and Hospitality Law 

2001 definitely marked the start of space tourism, with US 

businessman Dennis Tito spending eight days on the International 

Space Station and becoming the world’s first-ever private space 

traveller. Over the next five years, UK entrepreneur Richard 

Branson’s Virgin Group intends to sell short excursions into space 

for individual tourists with a price per seat of US$190,000, by using 

the first privately built and operated SpaceShipOne space craft. 

Newspapers report that more than 7,000 people have already 

registered for such flights, forking out tens of thousands of US 

dollars as a deposit. According to a recent market study, orbital and 

suborbital space travel projects could represent annual revenues of 

hundreds of millions of US dollars by 2021. The session looks at 

trends in the current technical, medical, legal and insurance 

environment for would-be astronauts. 

Speakers 

Jim Benson SpaceDev Inc, Poway, California, USA 

Kai-Uwe Schrogel German Aerospace Center DLR, Cologne, 

Germany 

Sigmund Jähn Astronaut, Aerospace Consultant, Strausberg, 

Germany 

Walter Drasl Protoura GmbH & Co, Bremen, Germany 

Andra Farand Senior Legal Counsel, European Space Agency, Paris, 

France 

0930 – 1230 THURSDAY 

Meeting Room D, Holiday Inn Hotel 

Procuring GALILEO and making it work – 

Europe installs its navigation satellites system 

Joint session with Government Procurement. 


Ralph P Kroner Simmons & Simmons, Rotterdam, the Netherlands; 

Vice-Chair, Outer Space Law 

Roberto Hernandez COMAD SC, Mexico City, Mexico; Vice-Chair, 

Government Procurement 

This session is not only mandatory for lawyers in procurement and 

outer space law, it will also intrigue specialists in financing and 

insurance issues. GALILEO comprises the development, 

implementation and operation of a state-of-the-art global 

navigation satellite system. An initiative of the European Union (EU) 

and the European Space Agency (ESA), the operational system will 

be based on the service of 21 or more satellites. 

This session will shed light on the intricate way of financing and 

procuring both the space and the ground segment of GALILEO. 

Speakers representing the EU, ESA and industry will also focus on 

questions involving the potential marketing opportunities of the 

different GALILEO applications, on insurance issues concerning the 

GALILEO signal transfer and on potential cooperation at 

international level. 

Speakers 

Jochen Schaper European Space Agency (ESTEC), Noordwijk, the 

Netherlands 

Joern Tjaden Galileo Joint Undertaking, Brussels, Belgium 

John Boyles ING Bank, Amsterdam, the Netherlands 

Guillaume de Dinechin International Space Brokers Group, Paris, 

France 

1400 – 1700 THURSDAY 


Technology and 

e-Commerce Law 

Co-Chairs 

Ken R Moon A J Park, Auckland, New Zealand 

Peter G Leonard Gilbert & Tobin, Sydney, New South Wales, 

Australia 




1400 – 1700 MONDAY 


Use and abuse of IP rights on the internet 

Joint session with Intellectual Property and Entertainment Law. 


0930 – 1230 TUESDAY 


Commercialising nanotechnology 

Joint session with Patent Law. 


Peter G Leonard 

Stephen P H Johnson Kirkland & Ellis LLP, San Francisco, California, 

USA; Secretary and Treasurer, Technology and e-Commerce Law 

Nanotechnology allows things to be built at the scale of atoms and 

molecules. Nanotech is already applied in products including 

pharmaceuticals, air fresheners and paints, and it is in early 

53 



commercialisation in process control systems, sensors for buildings, 

clothing and consumer electronics. Commercialisation of nanotech 

will affect industry structure and business models in diverse 

industries. This session introduces nanotechnology and examines 

these trends. 

Nanotechnology: opportunities, risk assessment and the 

precautionary principle 

As the use of nanotechnology in commercial production increases 

rapidly, controversy about possible dangers continues. Can 

nanoparticles in sunscreens find their way into our body to harmful 

effect? Do products manufactured using nanotechnology create 

dangerous emissions or a waste disposal problem? How should 

unknown risks be evaluated and how might risks be allocated in 

commercialisation of nanotechnology 

In this part, leading commentators on identification, assessment 

and communication of risk will introduce lawyers to 

nanotechnology opportunities and uncertainties. 

Speakers 

Annabelle Hett and Richard H Murray Swiss Reinsurance Company, 

Zurich, Switzerland and New York, USA 

Nanotechnology patent trends and challenges 

Moderator 

Bob H Sotiriadis Leger Robic Richard LLP, Montreal, Quebec, 

Canada; Vice-Chair, Intellectual Property and Entertainment Law 

The number of nanotech patents is growing rapidly. This session 

will consider the unique challenges associated with nanotech 

patents and the commercial opportunities that can be created 

through patent protection programmes. 

Speakers 

William B Bunker Knobbe Martens Olson & Bear, Irvine, California, 

USA; Website Coordinator, Intellectual Property and 


Nanotechnology commercialisation models and strategies 

Nanotechnology applications often create unusual industrial 

alliances – chemicals and curtains, electronics and biotechnology. 

As nanotechnology moves out of laboratories and university parks, 

a variety of commercialisation models are emerging. This part 

considers new legal structures, deal models and contracting 

structures for commercialisation of nanotechnologies. 

Speakers 

Marco Dalla Vedova Dalla Vedova Studio Legale, Rome, Italy; 

Vice-Chair, Regulation and Competition 

Timothy Nielander The Vaccine Fund, Seattle, Washington, USA 

54 

1400 – 1700 TUESDAY 


Global business process outsourcing 


Thomas Heymann Heymann & Partner, Frankfurt am Main, 

Germany; Newsletter Editor, Technology and e-Commerce Law 

Trevor W Nagel Pilsbury Winthrop Shaw Pittman LLP, Washington 

DC, USA; Vice-Chair, Technology and e-Commerce Law 

As Prague is the centre of ‘near-shore’ outsourcing in Europe, it 

is an ideal setting for a session on the growing field of business 

process outsourcing (‘BPO’) and the use of near-shore and off-shore 

locations to drive savings. 

Overview of the global BPO marketplace 

Outsourcing of transaction processing for finance and accounting, 

HR administration or procurement to an external supplier helps 

organisations better manage their back office, lower costs, improve 

services and access expertise not available internally. Among recent 

developments in global BPOs is the near-shore and offshore trend. 

Issues to be addressed include: 

typical BPO transactions; 

mitigating operational risks; 

measuring business value; and 

managing organisational change. 

Speakers 

Thomas Heymann 

Trevor W Nagel 

Legal issues in BPO transactions 

As the corporation is often transferring many of its proprietary 

processes to the supplier, IP issues are more acute in a BPO than in 

IT outsourcing. This presentation will address these IP concerns and 

other BPO legal considerations, with particular emphasis on offshore 

arrangements, including: 

transfer of know-how; 

ownership rights for developments by the supplier; 

enforcement of IP rights; and 

which IP rules apply in offshore transactions? 

Speaker 

Richard Raysman Brown Raysman Millstein Felder & Steiner, New 

York, USA 

BPO case study on business transformation 

Many corporations approach a BPO, not only from the perspective 

of savings but also leveraging supplier expertise to transform 

business processes. This session will review the recent Deutsche 

Bank global BPO engaging Accenture to facilitate the 

transformation of several domains within the bank. 

Issues to be discussed include: 

determining transformational objectives; 

measuring transformation and business value; 

governance; and 

pitfalls to avoid in transformational BPOs. 

Speakers 

Günther S Sattelhak Deutsche Bank AG, Frankfurt am Main, 

Germany 

James A Astorian Accenture, Frankfurt am Main, Germany 

0930 – 1230 THURSDAY 

Club H, PCC 

Half-day excursion to Prague business process 

outsourcing provider 

Prague is the centre of the ‘near-shore’ outsourcing industry for the 

EU, with several major outsourcing vendors maintaining operational 

sites for IT and business process outsourcing. This half-day visit to 

Accenture’s Prague facilities will provide an overview of how an 

outsourcing vendor structures and implements outsourcing 

arrangements, the operation of these processing centres and the 

role they play in the outsourcing transaction. In addition to a tour 

of this facility, there will be a discussion of a number of key topics 

in outsourcing from a supplier perspective, including intellectual 

property protection, know-how transfer, client confidentiality and 

privacy. 

Please note that spaces are limited, so if you do wish to attend 

please register your interest at the Speakers’ Desk. A bus will depart 

the Prague Convention Centre at 1330. 

1400 – 1700 THURSDAY 



1930 THURSDAY

Managing and resolving disputes in 

IT transactions 


Fraser Mann Goodman & Carr LLP, Toronto, Ontario, Canada 

Ken R Moon 

The complexity, duration and uncertainty of large IT transactions 

means that the parties must anticipate the very real possibility of 

disputes arising in the course of their implementation. 

The first panel discussion will review contractual measures that 

can be used to limit the occurrences of disputes. Such measures 

include: provisions dealing with change management; governance; 

project management; termination; and transition. The panel will 

also focus on certain contractual terms and conditions that may 

give rise to disputes. 

The second panel will review dispute resolution terms and 

techniques, such as processes for the escalation of disputes to 

senior management, and mediation and arbitration clauses. Some 

of the procedural issues arising in the course of arbitration 

proceedings will also be discussed. 

Speakers will include representatives of both civil law and 

common law countries, and of the vendor and user communities. 

Finally, some of the unique problems that arise in cross-border 

disputes will also be considered. 

Speakers 

Aparna Viswanathan Viswanathan & Co, New Delhi, India 

Charlie Stevenson SUN Microsystems, San Francisco, California, 

USA 

Christopher Rees Herbert Smith, London, England 

Fred Chilton Allens Arthur Robinson, Sydney, New South Wales, 

Australia 

Juan Pablo M Cardinal Richards Cardinal Tutzer Zabala & Zaefferer, 

Buenos Aires, Argentina 

Ricardo Barretto Ferreira da Silva Barretto Ferreira Kujawski 

Brancher e Gonçalves, São Paulo, Brazil 

Richard Raysman Brown Raysman Millstein Felder & Steiner LLP, 

New York, USA 

Wolfgang Buechner Lovells, Munich, Germany 

0930 – 1230 FRIDAY 


International Sales, Franchising 

and Product Law Section 

International Franchising 

Chair 

John Pratt Hamilton Pratt, Birmingham, England 

Cross-border acquisitions of franchise systems 

Session Chair 

John Vernon Carstens & Cahoon LLP, Dallas, Texas, USA; 

Vice-Chair, International Franchising 

Cross-border acquisitions tend to be far more complex than domestic 

asset or stock acquisitions. Often there are language, cultural and 

legal differences between the purchaser’s country and that of the 

seller. When the acquisition involves a franchise system, the 

complexity of the issues compounds. These acquisitions generally 

include company-owned and franchised operations that are widely 

scattered and located not only in the country of the seller’s domicile 

but in other countries as well. Such dispersion adds complexity, 

particularly with respect to acquisition of owned and/or leased real 

estate, employment issues and transfer of franchise agreements. 

Speakers 

Alberto Echarri Mullerat, Madrid, Spain 

Andrew P Loewinger Nixon Peabody LLP, Washington DC, USA 

W Andrew Scott Paul Hastings Janofsky & Walker LLP, Atlanta, 

Georgia, USA; Vice-Chair, International Franchising 

Babette Märzheuser-Wood Field Fisher Waterhouse, London, 

England; Secretary, International Franchising 

1400 – 1700 TUESDAY 

Club D, PCC 

Termination and non-renewals of franchise, 



Transactions. 

Session Chair 

Richard M Asbill Paul Hastings Janofsky & Walker LLP, Atlanta, 

Georgia, USA 

The ability to withdraw from a commercial agreement and the costs 

of doing so are rarely taken into account in considering alternative 

methods of product/service distribution. This session will adopt a 

comparative approach, both in terms of the issues relating to each 

type of agreement and in terms of the different approaches taken 

by various jurisdictions. 

Speakers 

Luiz Henrique O do Amaral Dannemann Siemsen Advogados, Rio 

de Janeiro, Brazil 

John R F Baer Sonnenschein Nath & Rosenthal LLP, Chicago, Illinois, 

USA 

Fabio Bortolotti Buffa Bortolotti & Mathis, Turin, Italy 

Christof Siefarth Görg Rechtsanwälten, Cologne, Germany 

Richard M Asbill 






Franchising in Eastern Europe 


Session Chair 

Alexander Petsche Baker & McKenzie, Vienna, Austria 

Eastern Europe and Russia are potentially large markets for 

expanding franchise systems. This session will review the issues and 

challenges affecting those who wish to take their franchise systems 

into the major Eastern European jurisdictions and will include an 

analysis of the effect of EU membership/non-membership, the 

national regulation of franchising including disclosure requirements, 

the growth of local franchise systems, the role of national franchise 

associations and the economic considerations in each jurisdiction. 

Speakers 

Christoph Liebscher Wolf Theiss & Partners, Vienna, Austria 

Marco Hero Tigges Rechtsanwälte, Düsseldorf, Germany 

Janusz Koldzynski Wardyński & Partners, Warsaw, Poland 

Daniela Szabo Daraszs Law Office, Budapest, Hungary 

Michael Santa Maria DLA Piper Rudnick Gray Cary, Dallas, 

Texas, USA 

Svetlana Irasek Vladimirov Law Office, Sofia, Bulgaria 

Boris Babic Law Office Babic, Zagreb, Croatia 

Elena Vukhka Noerr Stiefenhofer Lutz, Moscow, Russian Federation 

0930 – 1230 THURSDAY 


55 



Developments in European disclosure 

requirements and news from around the world 

Session Chair 

John Pratt 

The International Franchising Committee traditionally reviews 

worldwide developments, trends and likely future regulations 

relating to franchising. This year, special attention will be given to 

reviewing current procedures and developments relating to 

disclosure requirements in Europe. 

Speakers 

Anders Fernlund Advokatfirman Delphi & Co, Stockholm, Sweden; 

Publications Officer, International Franchising 

Mike Brennan Piper Rudnick LLP, Chicago, Illinois, USA 

Christoph Wildhaber Naegeli & Streichenberg Rechtsanwaelte, 

Zurich, Switzerland 

Albrecht Schulz CMS Hasche Sigle, Stuttgart, Germany; Vice-Chair, 

Senior Lawyers 

John Sotos Sotos Associates, Toronto, Ontario, Canada 

Pascal Hollander Hanotiau & van den Berg, Brussels, Belgium 

Yanos Gramatidis Bahas Gramatidis & Associates, Athens, Greece 

Suzanne Mercer Eversheds, London, England 

56 

1400 – 1700 THURSDAY 


International Sales and 

Related Commercial 

Transactions 

Co-Chairs 

Jonathan Wood Clyde & Co, London, England 

Klaus Günther Linklaters Oppenhoff & Rädler, Cologne, Germany 

The impact of model laws on the legal principles 


Joint session with Product Law and Advertising. 


1400 – 1700 MONDAY 


Distribution strategies and antitrust 

Joint session with Antitrust. 


Eytan Epstein Epstein Chomsky Osnat & Co, Tel Aviv, Israel; Senior 

Vice-Chair, International Sales and Related Commercial 

Transactions 

Simon Topping Brussels, Belgium; Publications Officer, Antitrust 

An expert panel will examine the pros and cons of various 

distribution strategies such as arm’s-length distribution, licensing, 

franchising and agency with an emphasis on the extent to which, 

where all other factors are broadly equal, the antitrust concerns or 

issues might shape the method chosen or at least feature heavily in 

the assessment. In doing so, we will consider, with examples and 

case studies, whether there are particular jurisdictions where the 

outcome could be surprisingly or radically different. 

Speakers 

Paul Victor Weil Gotshal & Manges LLP, New York, USA 

Janet McDavid Hogan & Hartson LLP, Washington DC, USA 

Ewa Butkiewicz Wardyński & Partners, Warsaw, Poland 

Alan Silberman Sonnenschein Nath & Rosenthal LLP, Chicago, 

Illinois, USA 

Frank-Joerg Semler CMS Hasche Sigle, Stuttgart, Germany 

Amir Z Singh Pasrich International Law Affiliates, New Delhi, India; 

Vice-Chair, International Sales and Related Commercial 

Transactions 

Rainer Roniger Haarmann Hügel Rechtsanwälte OEG, Vienna, 

Austria 

1400 – 1700 TUESDAY 


Termination and non-renewals of franchise 


Joint session with International Franchising. 



Committee business meeting 

An open meeting of the International Sales and Related 

Commercial Transactions Committee will be held to discuss future 

activities. 




Joint session with Arbitration and Litigation. 


Jonathan Wood 

Pierre Bienvenu Ogilvy Renault, Montreal, Quebec, Canada; Vice- 

Chair, Arbitration 

A client from country A is contracting for the sale of goods with 

counterparty from country B. They are negotiating the dispute 

resolution clause. Do they choose international arbitration, and if so 

which forum – ad hoc, ICC, LCIA, SCC etc or the court of a 

particular jurisdiction, in which case should it be an exclusive or 

non-exclusive jurisdiction clause? What considerations apply, and 

why – eg subject matter, familiarity, nationality, domicile, cost, 

convenience, confidentiality, language, mandatory law provisions 

and enforceability? 

This will be an interactive session with panellists with expertise in 

litigation, arbitration and ADR, from civil law and common law 

backgrounds. The session will also include a case study. 

Speakers 

John Heaps Eversheds, London, England; Senior Vice-Chair, 

Litigation 

James Klotz Davis & Co, Toronto, Ontario, Canada; Council, Public 

& Professional Interest Division 

Christophe Radtke Lamy Ribeyre & Associés, Lyon, France; Chair, 

Agency Distribution Agreements 

Kina Chuturkova Borislav Boyanov & Co, Sofia, Bulgaria 

Jean-Claude Najar GE Oil & Gas Nuevo Pignone, Florence, Italy; 


Fei Ning Haiwen & Partners, Shanghai, People's Republic of China 

1400 – 1700 THURSDAY 




2000 THURSDAY

Terms of trade: the status of CISG, INCOTERMS 

and other model laws and contracts 


Wolfgang Hahnkamper Neudorfer, Vienna, Austria; Chair, Vienna 

Convention Subcommittee 

Bruce Thelan Dickinson Wright PLLC, Detroit, Michigan, USA; 

Chair, Financial Aspects of International Sales 

This is the 25th anniversary of the CISG, which is one of a number 

of efforts to harmonise the laws of international sales. This 

programme will look at the status of the CISG, and other model 

laws and contracts such as INCOTERMS and UNIDROIT Principles of 

International Contracts, together with the electronic tools and 

resources available as an aid to the international practitioner in 

relation to the international sale of goods. 

Speakers 

Patrick Lindgren Advocare Patrick Lindgren, Helsinki, Finland 

Salli Anne Swartz Phillips Giraud Naud & Swartz, Paris, France; 

Newsletter Editor, International Sales and Related Commercial 

Transactions 

Gustáv Bacher Szecskay Attorneys at Law, Budapest, Hungary 

Guido Carducci UNESCO, Paris, France 

Nicole Van Crombrugghe Lafili Van Crombrugghe & Partners, 


Luca Castellani UNCITRAL, Vienna, Austria 

0930 – 1230 FRIDAY 


Government Procurement 

Chair 

Lisa K Miller Arent Fox PLLC, Washington DC, USA 



Organisations Committee. See page 79 for details. 

0930 – 1700 TUESDAY 

Meeting Room B, Holiday Inn Hotel 

Procuring GALILEO and making it work – 

Europe installs its navigation satellites system 

Joint session with Outer Space Law. See page 53 for details. 

1400 – 1700 THURSDAY 


Product Law and Advertising 

Chair 

Jorge Santiago Neves Barrocas & Alves Pereira, Lisbon, Portugal 

The impact of model laws on the legal principles 



Transactions. 

Session Chair 

Jürgen Brandstätter Foglar-Deinhardstein & Brandstätter, Vienna, 

Austria; Vice-Chair, Product Law and Advertising 

The Working Group IV (electronic commerce) of the United Nations 

Commission on International Trade Law (UNCITRAL) is expanding a 

draft Convention on the Use of Electronic Communications in 

International Contracts. Such Convention contains regulations 

regarding: 

form requirements; 

time and place of dispatch and receipt of data messages; 

invitations to make offers; 

use of automated information systems for contract formation; 

and 

error in electronic communications. 

Mr Jeffrey W T Chan, Principle Senior State Counsel (Singapore) 

and head of Working Group IV will provide an overview about 

such Convention. A high-ranking Austrian judge and academic, 

Professor Dr Georg Kodek, University of Vienna, will discuss the 

repercussions of the transformation of such convention into the 

national legal system of civil law countries (like most of the 

countries of the European Union are) on some basic legal principles. 

Professor Ewan McKendrick, University of Oxford, will examine the 

same aspects with regard to common law systems. 

Speakers 

Jeffrey Chan Wah Teck Attorney-General’s Chambers, Singapore 

Georg E Kodek Court of Appeal, Vienna, Austria 

Ewan G McKendrick University of Oxford, Oxford, England 

1400 – 1700 MONDAY 




2000 THURSDAY 

Law and Individual Rights 

Section 

Family Law 

Chair 

Stephen P Komie Komie & Associates, Chicago, Ilinois, USA 

Locate the loot: transnational asset tracing 

Joint session with Criminal Law. 

Session Chair 

Stephen P Komie 

Practitioners and courts are confronted with the highly mobile 

family and society. This mobility challenges the ability of the courts 

and the profession to locate assets to pay judgments, family 

obligations and restitution to victims of crimes. This programme 

will concentrate on tips for Bench and Bar to locate assets, whether 

visible or concealed. 

Speakers 

Roberta Ceschini Sinisi Ceschini Mancini & Partners, Rome, Italy 

Wendy Galvin Wendy Galvin Solicitors, Auckland, New Zealand; 

Vice-Chair, Family Law 

Martin S Kenney Martin Kenney & Co Ltd, Tortola, British Virgin 

Islands 

Buddy Parker Gillen Parker & Withers LLC, Atlanta, Georgia, USA 



57 



International adoption – the good, the bad 

and the ugly 

Joint session with Criminal Law. 

Session Chair 

Anne-Marie Hutchinson OBE Dawson Cornwall Solicitors, London, 

England; Chair, International Children’s Issues 

This programme will be divided into two parts. The first will 

concentrate on Eastern European adoption processes and the 

demand for babies to be exported. There is no happier court case 

than an uncontested adoption: the parties are happy and everyone 

is smiling. However, international adoptions are extremely complex 

and require the skill of experienced practitioners. 

This session intends to examine the complexities of adoption of 

transnational babies. The second part will be devoted to discussing 

immoral, improper or criminal purposes for adoption, including the 

adoption of young girls and boys for sexual purposes. 

Speakers 

Wendy Galvin 

Anne-Marie Hutchinson OBE 

Alina Cobuz-Bagnaru Cobuz & Associates, Bucharest, Romania 

Meg Strickler Conaway & Strickler PC, Atlanta, Georgia, USA 

Bunafsha Gulakova Bureau on Human Rights and Rule of Law, 

Dushanbe, Tajikistan 

0930 – 1230 THURSDAY 


Human Rights Law 

Chair 

Richard Ahonaruogho Ahonaruogho Ahonaruogho & Co, Lagos, 

Nigeria 

Victims and witnesses: serious violations of 

humanitarian law – representation and 

compensation 

Joint session with the Human Rights Institute. 

Session Chair 

James Oury Oury Clark Solicitors, London, England; Vice-Chair and 

Newsletter Editor, Human Rights Law 

With the initiation of criminal investigations by the Prosecutor of 

the International Criminal Court, the notion of the ability of victims 

to participate in proceedings before the ICC exists. This session will 

review the operation of the ICTY, ICTR and ICC in the context of 

the representation of victims and witnesses and the provision for 

compensation. It will further examine issues in the common legal 

representation of victims from a practical perspective. 

Speakers 

Fiona McKay International Criminal Court, The Hague, the 

Netherlands 

Aicha Conde ICTR, Paris, France 

Luc Walleyn Advocats Sans Frontiers, Brussels, Belgium 

Mariana Senjak Women’s Therapy Centre, Zenica, Bosnia- 

Herzegovina 

Rupert Skilbeck The Registry, War Crimes and Organised Crime, 

Sarajevo, Bosnia-Herzegovina 


Shannon & Clyde, Corinthia Towers Hotel 

58 

Indigenous Peoples 

Chair 

Russell Raikes Cohen Highley LLP, London, Ontario, Canada 

Advancing collective rights in international 

courts 

Session Chair 

Russell Raikes 

This programme will consider the use of international conventions 

and international law to protect and advance collective rights by, 

inter alia, indigenous groups. The programme will focus on the 

availability and suitability of the World Court and other 

international fora. Is there an international law alternative to the 

domestic courts? 

Speakers 

Todd Weiler University of Windsor, Windsor, Ontario, Canada 

Özlem Ülgen Department of Law, University of Sheffield, Sheffield, 

England 

1400 – 1700 MONDAY 


Displaced populations/displaced borders 

Session Chair 

David Paterson David Paterson Law Corporation, Surrey, British 


This programme will examine issues arising from: the removal of 

ethnic groups from their ancestral homelands; and, ethnic groups 

who remain on their ancestral lands located within geopolitical 

borders that make them ethnic minorities. It will also address 

methods of resolving these issues through the courts, by 

negotiation and alternative dispute models. 

Speakers 

Alan Dodson Johannesburg, South Africa 

Russell Raikes 

0930 – 1230 TUESDAY 


Medicine and the Law 


Domenic A Crolla Gowling Lafleur Henderson, Ottawa, Ontario, 

Canada 

Pharmacogenomics 

Session Chair 

Domenic A Crolla 

Demetris Vryonides Nicosia, Cyprus; Vice-Chair, Medicine and 

the Law 

Pharmacogenomics presents novel liability issues for the 

pharmaceutical industry, for healthcare practitioners and regulators. 

Although the privacy and confidentiality of research participants 

are obvious concerns, it is less clear how pharmacogenomics will 

affect the nature and scope of liability issues arising from the duties 

of manufacturers, distributors, healthcare practitioners and 

researchers. Areas such as product labelling, the standard of care in 

treatment and the duty to warn. The more complex issues of safety, 

efficacy and quality in the development and distribution of 

individualised therapies present immediate challenges for both 

lawyers and regulators. There are also public policy concerns that

pharmacogenomics could lead to infringement of human rights 

because of new forms of genetic discrimination. 

Addressing the liability associated with pharmacogenomics, from 

both the public and private perspective, is the focus of this session. 

Speakers 

Timothy Caulfield Research Director, Health Law Institute, 

University of Alberta, Edmonton, Alberta, Canada 

Arron Walthall Rochdale, England 

Christian Dierks Dierks & Bohle, Berlin, Germany 

Allen Nunnally Wilmer Cutler Pickering Hale and Dorr LLP, Boston, 

Massachusetts, USA 

0930 – 1230 TUESDAY 


Anthrax, SARS and bioweaponry: 

is globalisation bad for your health? 

Session Moderators 

Demetris Vryonides 

Judith W Munson Chicago, Illinois, USA 

Globalisation has forced changes to the way we protect 

international health and maintain public safety against threats of 

bioterrorism and emerging infectious diseases. At the forefront of 

new initiatives are the revisions to the World Health Organisation’s 

International Health Regulations, the operation of the European 

Union’s new Centre for Disease Prevention and Control, the 

innovative strategies that have been deployed following the anthrax 

attacks in the United States, the enhancement of legal preparedness 

in Canada as a result of the SARS epidemic, and the mobilisation of 

Interpol against threats posed by bioterrorism. 

This session aims to demonstrate the health risks associated with 

globalisation, while highlighting legal responses aimed to protect 

citizens and societies from emerging public health threats. 

Speakers 

David Byrne WHO Special Envoy on the Revision of the 

International Health Regulations and Former EU Commissioner of 

Health and Consumer Protection; Wilmer Cutler Pickering Hale 

and Dorr LLP, Brussels, Belgium 

Zsuzsanna Jakab Director, European Centre for Disease Prevention 

and Control, Solna, Sweden 

Rutsel Martha General Counsel, Interpol, Lyon, France 

The Honourable Carolyn Bennett Minister of State (Public Health), 

Ottawa, Ontario, Canada 

Gene Matthews Director, Public Health Law Institute, Atlanta, 

Georgia, USA 



Maritime and Aviation Section 

Aviation Law 

Chair 

Jeffrey A Peterson Dorsey & Whitney LLP, Vancouver, British 


Regulatory issues encountered by airlines 

in the new EU states 


Mia Wouters Lafili Van Crombrugghe & Partners, Brussels, Belgium 

Peter Marn Svetovanja v Letalstuv, Ljubljana, Slovenia 

Discussion on the regulatory issues, challenges (and frustrations) 

faced by airlines of the new EU States. The panel will explain, in 

particular, those issues that continue to pose the greatest 

complications and cause tension for the new EU airlines and the 

challenges that result from their home markets being opened up 

to airlines from other Member States. 

Speakers 

Eva Lecnarova Czech Airlines, Prague, Czech Republic 

Branka Kartalija Croatia Airlines, Zagreb, Croatia 

Trevor Soames Howrey LLP, Brussels, Belgium 

Ludolf Van Hasselt DG Energy and Transport, European 

Commission, Brussels, Belgium 

James R Weiss Preston Gates Ellis & Rouvelas Meeds LLP, New York, 

USA 

1400 – 1700 MONDAY 


Cape Town: the practical details of the 

Convention and how it impacts aircraft 

financings 

Session Chair 

Ravi Nath Rajinder Narain & Co, New Delhi, India; Senior Vice- 

Chair, Aviation Law 

This session will cover how the implementation of the Cape Town 

Convention has caused aircraft financing lawyers to change 

financing structures and documentation. Speakers will not dwell on 

a section-by-section review of the Convention but rather on how 

certain specific sections have altered legal and commercial 

practices. 

Speakers 

Jeffrey Wool Freshfields Bruckhaus Deringer, London, England 

Thatcher A Stone Alston & Bird LLP, New York, USA 

Lawrence Teh Rodyk & Davidson, Singapore 

0930 – 1230 TUESDAY 


59 


Page 60 

NAVIGANT

Repossession war stories (and what changes, 

if any, Cape Town would have wrought) 

Session Chair 

Patrick Farrell Norton Rose, London, England; Secretary and 

Newsletter Editor, Aviation Law 

A panel of seasoned aviation litigation lawyers will discuss some of 

their best repossession successes and worst nightmares. What went 

right and what went wrong, or could have, in seeking to repossess 

aircraft in numerous jurisdictions. In light of the morning’s session 

on Cape Town, the litigators will discuss the impact – if any – of the 

Convention on their repossessions. 

Speakers 

Patrick Farrell 

John Pritchard Holland & Knight, New York, USA 

Maria Regina Lynch Xavier Bernardes Bragança, São Paulo, Brazil; 

Vice-Chair, Aviation Law 

Ravi Nath Rajinder Narain & Co, New Delhi, India; Senior Vice- 

Chair, Aviation Law 

1400 – 1700 TUESDAY 




2000 TUESDAY 

Aviation insolvency 

Joint session with the Insolvency, Restructuring and Creditors’ 

Rights Section. See page 47 for details. 



Aircraft crash litigation investigation techniques: 

using computer and video simulations to 

recreate a crash and win a lawsuit 

Session Chair 

Sergio Giménez Mullerat, Barcelona, Spain; Treasurer, Aviation Law 

This session will start with a computer and video simulation of a 

commercial aircraft crash, including pilot communications and 

cockpit recordings, and conclude with a panel of litigation lawyers 

discussing the use of such simulations at trials. 

Speakers 

George Tompkins Schnaders, New York, USA 

Simon Liddy Ebsworth & Ebsworth, Sydney, New South Wales, 

Australia 

Alex Baykitch Blake Dawson Waldron, Sydney, New South Wales, 

Australia 

0930 – 1230 THURSDAY 

Club A, PCC 

Aviation roundtable 

Session Chair 

Ian Clark Clark Ricketts, London, England 

This session continues the Aviation Law Committee’s ad hoc review 

of recent issues and depends heavily on audience participation. 

Committee members are encouraged to speak on a variety of 

current issues. 

1400 – 1700 THURSDAY 

Club A, PCC 

Maritime and Transport Law 

Chair 

Derek Hodgson Clyde & Co, London, England 

Oil pollution – inexpensive prevention or a 

costly cure? The Prestige disaster revisited 

Session Chair 

Richard F Olsen Constant & Constant, London, England 

Quite apart from the ecological consequences, it is at last becoming 

appreciated that the pecuniary cost of damage resulting from oil 

pollution can be thousands of times greater than the actual value of 

the oil spilled. Governments, and the oil, shipping and insurance 

industries, have concentrated on establishing regimes governing 

issues of liability and compensation for oil spills, but relatively little 

attention has been paid to the advantages of preventing pollution 

in the first place. 

This session will consider current liability and compensation 

principles and practices, and such attempts as are being made by 

governments and the industries concerned to avert or minimise oil 

pollution, with special reference to the Prestige oil spill. 

Speakers 

Mans Jacobsson International Oil Pollution Compensation Funds, 


Charles Donovan Sheppard Mullin, San Francisco, California, USA 

Anders Ulrik Skuld, Copenhagen, Denmark 

Luis de San Simon San Simon Duch & Co, Madrid, Spain 

Quintus van der Merwe Shepstone & Wylie, Durban, South Africa 

Richard Singleton Healy & Baillie, New York, USA (invited) 

1400 – 1700 MONDAY 


Recent developments in maritime law around 

the world 

Session Chair 

Derek Hodgson 

This regular and popular session of the Maritime and Transport Law 

Committee will address various practical and topical issues of 

interest in maritime law from a number of jurisdictions. 

The speakers will outline changes in the law and interesting 

developments in a number of different and important jurisdictions. 

Speakers 

Chris Quennell Blake Dawson Waldron, Melbourne, Victoria, 

Australia 

Ana Atallah Richards Butler, Paris, France 

Christoph Hasche Taylor Wessing, Hamburg, Germany 

Jonathan Lux Ince & Co, London, England; Co-Chair, Corporate 

Social Responsibility ; Co-Chair, Training Courses 

Nagarajah Muttiah Shook Lin & Bok, Kuala Lumpur, Malaysia 

0930 – 1230 TUESDAY 


Shipfinance: loans and securities 


Peter Appel Gorrissen Federspiel Kierkegaard, Copenhagen, 

Denmark; Vice-Chair, Maritime and Transport Law 

John Papapetros Vgenopoulos & Partners, Athens, Greece; Vice- 

Chair, Maritime and Transport Law 

The first part of the session will cover recent developments in 

shipfinance structures. Focus will be on developments in the choice 

of fleet finance structures rather than single shipfinancing and in 

this respect loan structures being based on revolving facilities will 

61 



be reviewed. The (future) use of single-purpose owning companies 

will be considered. Thereafter, recent tax schemes influencing 

shipfinance will be evaluated, and finally the rules of the Basel II 

Convention and their implication for shipfinance will be examined. 

The second part of this session will focus on enforcement of 

securities for shipping loans, including ship mortgages and other 

guarantees in various jurisdictions and on problems (both legal and 

practical) that shipfinancing institutions may face when trying to 

enforce their security. Bankers, shipmanagers and lawyers will be 

asked to give their views on a scenario compiled by ‘true’ stories. 

Speakers 

Walter H Líon McLaughlin & Stern LLP, New York, USA 

Matt Hannaford Clyde & Co, London, England 

Jan Dreyer Dabelstein & Passehl, Hamburg, Germany 

Lawrence Teh Rodyk & Davidson, Singapore 

Andri Largiader Columbia Shipmanagement Ltd, Limassol, Cyprus 

Len Rambusch Holland & Knight LLP, New York, USA 

Roxanne Jansen Export Finance & Insurance Corporation, Sydney, 


1400 – 1700 TUESDAY 





Challenges for the risk insurance markets 

due to terrorism and the ‘war on terror’ 

Joint session with Insurance. See page 41 for details. 

0930 – 1230 THURSDAY 




1930 THURSDAY 

Maritime lawyers – the new millennium 

Session Chair 

Joseph A Hurley Ebsworth & Ebsworth Lawyers, Sydney, New South 

Wales, Australia; Vice-Chair, Maritime and Transport Law 

Maritime lawyers have witnessed a number of important and 

significant changes in recent years. This session will look at certain 

changes, and assess the future role of maritime lawyers in a 

changing market. 

The panel, in discussion with the audience, will consider various 

issues both from a lawyer’s perspective and also from a client and 

industry perspective, with particular emphasis on recent trends and 

the types of issues and requirements that will arise in the future. 

Speakers 

Vivian Ang Allen & Gledhill, Singapore 

Graham Harris Thomas Cooper & Stibbard, London, England 

Gregory Poulos Cox Wootton Griffin Hansen & Poulos, San 

Francisco, California, USA 

Eric Linnarsson Advokatfirman Lindahl , Stockholm, Sweden 

62 

0930 – 1230 FRIDAY 

Club E, PCC 

Land Transport 

Chair 

Derek Luxford Hicksons, Sydney, New South Wales, Australia 

Land transport and international supply chain 

logistics contracts: managing the risk 

Session Chair 

Derek Luxford 

This interactive session will look at international sale and logistics 

contracts and their relationship with international trade terms. It 

will also look at a hypothetical international supply chain contract 

and the management of liabilities arising out of it. There will be a 

special focus on land and inland waterway interconnections in the 

supply chain context befitting the Central European location of the 

Conference. 

Speakers 

Forrest Booth Cozen O’Connor, San Francisco, California, USA; 

Vice-Chair, Land Transport 

Michael Hajdasinski Van Traa Advocaten, Amsterdam, the 

Netherlands 

Jeremy Thomas Constant & Constant, London, England 

Vincent Prager Stikeman Elliott LLP, Montreal, Quebec, Canada; 

Christian Breitzke Lebuhn & Puchta, Hamburg, Germany; 

Newsletter Editor, Maritime and Transport Law 

Pavel Sedláček Machytková Sedláček Vaca & Spol, Prague, Czech 

Republic 

1400 – 1700 THURSDAY 


Money Laundering Directive 

Implementation Group 

Chair 

Stephen Revell Freshfields Bruckhaus Deringer, London, England 

Exploring the challenges for lawyers presented 

by anti-money laundering legislation around the 

world; impact of the Third EU Money Laundering 

Directive and other international initiatives on 

lawyers 

Session Chair 

Stephen Revell 

The text of the Third EU Money Laundering Directive is now 

settled. The new regime will substantially change the regulation 

applicable to lawyers and, in particular, to those serving the needs 

of international clients or cooperating with colleagues from other 

jurisdictions on multinational matters. FATF continues to focus on 

the role of lawyers in its work globally and US lawyers and others 

are coming to terms with the impact. 

The session will cover: 

the obligation to identify beneficial ownership and control; 

the application of enhanced and simplified customer due 

diligence and the role of ‘risk-based’ analysis; 

the scope for verification by third parties in domestic and 

international matters; and 

the extension of regulation to the control of ‘clean’ money 

intended to finance terrorism. 

The programme will identify and offer assistance regarding the 

practicalities of complying with new anti-money laundering rules 

and regulations; assess how firms are coping with their obligations

and build awareness of the problems or difficulties encountered in 

preventing and detecting money laundering including ‘client 

identification’. 

Speakers 

Louise Delahunty Peters and Peters, London, England 

Kevin Martin President, The Law Society of England and Wales, 


Bernard Vatier President, CCBE, Paris, France 

Babajide O Ogundipe Sofunde Osakwe Ogundipe & Belgore, 

Lagos, Nigeria 

John Carlson FATF, Paris, France 

1400 – 1700 TUESDAY 


Public Law Section 

Chair 

Marry de Gaay Fortman Houthoff Buruma NV, Amsterdam, 


European Constitution 

Session Chair 

Marry de Gaay Fortman 

Liam O’Daly Attorney-General’s Office, Dublin, Ireland; Vice-Chair, 

Public Law 

On 18 June 2004, the heads of state and governments of the 

25 Member States of the European Union successfully concluded 

negotiations on a Treaty establishing a Constitution for Europe. If 

ratified by all Member States, the Constitutional Treaty is expected 

to enter into force at the earliest on 1 November 2006. Vigorous 

debate is to be expected between now and then as governments 

seek to explain the Treaty to their citizens. 

This session will present speakers who will deliver papers 

analysing various aspects of the Constitutional Treaty text. In 

particular, the session will examine institutional reform, external 

action and defence and freedom, security and justice provisions of 

the Constitutional Treaty. 

Speakers 

Paula O’Hara Barrister at Law, Brussels, Belgium 

Bernard Vatier Vatiere & Associés, Paris, France 

Jean Claude Piris Director General, Council of the European Union, 


J H H Weiler Jean Monet Center for Regional Economic Law and 

Justice, Bruges, Belgium 

Gerard van der Wal Houthoff Buruma, Brussels, Belgium 

0930 – 1230 TUESDAY 

Club C, PCC 

E-voting – have the Luddites won the debate? 

Session Chair 

John Kettle Mason Hayes & Curran, Dublin, Ireland; Secretary and 

Website Coordinator, Public Law 

Electronic voting has given rise to controversy in many jurisdictions. 

Issues arise as to the secrecy of the ballot and the maintenance of 

an audit trail. The question arises as to whether objections to 

e-voting emanate from what some might say is a Luddite tendency 

to adhere blindly to what we know and trust in non e-voting 

systems. Speakers at this session will analyse the various issues 

that e-voting has brought up. 

Speakers 

Glyn Morgan Taylor Wessing, London, England 

Joost Linnemann Kennedy Van der Laan, Amsterdam, the 

Netherlands 

Liam O’Daly 

Mindaugas Kiskis Lideika Petrauskas Valiunas LAWIN, Vilnius, 

Lithuania 


Vltava & Vistula, PCC 

Real Estate Section 

Chair 

Rafael Truan Blanco Diaz-Bastien & Truan, Madrid, Spain 




needs of the past and who decides? 



1400 – 1700 MONDAY 

Club D, PCC 

Development and marketing of hotels and 

casinos in Eastern Europe 

Joint session with the Travel and Leisure Section. 

See page 66 for details 

0930 – 1700 TUESDAY 

Club B, PCC 

The real estate boom in Central and 




Rafael Truan Blanco 

Borislav Boyanov Borislav Boyanov & Co, Sofia, Bulgaria; Co-Chair, 

European Forum 

Advent and implementation of privatisation of property in 

Eastern Europe. A practical approach to acquiring real estate 

in Eastern European countries 

The session will first deal with the laws and procedures developed 

by these countries over the past several years to implement 

privatisation and registration of titles, including protections afforded 

to foreign investors. 

Then a look at the current situation. A decade later, political and 

economic stability, the magic EU and NATO membership, credit 

expansion and other factors have substantially influenced the fast 

development of the residential, commercial, leisure and agricultural 

real estate markets in CEE. The situation in Russia and Ukraine 

follows the same path. We will get into the ‘nitty gritty’ of doing 

business today in Eastern Europe by addressing the legal and 

practical issues involved in the deal making process in this region. 

Foreign ownership, release of barriers, alert on legal risks, real 

estate investment schemes, funds and other vehicles and migration 

of capital will be discussed. 

Speakers 

Skip Schwartz Heitman International Private Equity, Frankfurt am 

Main, Germany 

Martin Kubanek Gleiss Lutz, Frankfurt am Main, Germany 

Olga Humlova Salans, Prague, Czech Republic 

Robert Juodka Sutkiene Pilkauskas & Partners, Vilnius, Lithuania 

Mia Kalas Odvetniiselih & Partners, Ljubljana, Slovenia 

Tomas Milasauskas Lideika Petrauskas Valiunas LAWIN, Vilnius, 

Lithuania 

0930 – 1230 THURSDAY 

Club D, PCC 

63 



64 

Taxation Section 

Tax practice – ethical issues in transactions 

and litigation 


Jonathan Schwarz Tax Chambers, London, England 

Ron Wilson Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, 

Canada 

This session will discuss the standards of tax practice in several 

countries. 

Panellists will consider five principal issues. The first part will 

briefly describe the legal and regulatory framework governing the 

practice of tax law in the particular country (including the transnational 

rules that apply in the European Community). The second 

part will discuss the lawyer’s basic duties of loyalty and 

confidentiality in the particular country. The third, fourth and fifth 

parts will discuss the responsibilities and obligations of the lawyer 

with respect to the roles of tax planner, return preparer and audit 

and litigation representative. The papers will also comment on 

differences in the standards of tax practice applicable to persons 

other than lawyers. 

Also to be considered are the use of opinions to avoid penalties 

and particular countries’ rules for tax shelters and mass-marketed 

products. Finally, multijurisdictional enforcements and cooperation 

will be discussed in the context of treaty and multilateral 

information exchange agreements. 

Speakers 

Paul Carman Chapman and Cutler LLP, Chicago, Illinois, USA 

Gaspard Brulé Caubet Chouchana Meyer, Paris, France 

Willem Bon Loyens & Loeff, Rotterdam, the Netherlands 

Simona Dumitrache Cabinet de Avocat, Bucharest, Romania 




Peter Utterström Advokatfirman Delphi & Co, Stockholm, Sweden 


Club A, PCC 

Individual Tax and Estate 

Planning, Wills, Trusts 

and Succession 

Chair 

Edgar H Paltzer Niederer Kraft & Frey, Zurich, Switzerland 



1945 TUESDAY 

Trust litigation from the beneficiaries’ 

perspective: who can assert being a 

beneficiary of a trust? 

Session Chair 

Edgar H Paltzer 

At this full-day session, trust experts from all over the world will 

first address the panel topics from the perspective of their 

respective jurisdictions followed by an interactive panel discussion 

of various hypothetical cases. 

Part I 

direct beneficiary; 

indirect beneficiary; 

a) forced heirship claims 

b) marital claims 

Disclosure obligations 

What are the obligations of trustees, fiduciaries and third parties 

(eg banks) to disclose information to beneficiaries and/or heirs 

and/or spouses? 

Part II 

Selecting a jurisdiction (forum shopping) 

how to select the jurisdiction to pursue the enforcement 

rights of beneficiaries; and 

remedies available: preliminary relief (eg Mareva injunctions, 

attachments, etc) or others. 

Establishing the beneficiaries’ claim – conflicts of interest 

civil law vs common law; and 

jurisdiction X vs jurisdiction Y. 

Speakers 

Lian-Ee Teoh Drew & Napier, Singapore; Vice-Chair, Individual Tax 

and Estate Planning, Wills, Trusts and Succession 

Paul A Sczudlo Loeb and Loeb LLP, Los Angeles, California, USA 

Bernhard Lorenz Marxer & Partner, Vaduz, Liechtenstein 

Robin Vos Macfarlanes, London, England 

Rogelio de la Guardia Arias Fabrega & Fabrega, Panama City, 

Panama 

Monique Bhullar New Zealand Trust & Investment Corporation Ltd, 

Auckland, New Zealand 

Dev R Erriah Erriah & Uteem Chambers, Port Louis, Mauritius; 

Newsletter Editor, Individual Tax and Estate Planning, Wills, Trusts 

and Succession 

Kerry Lawrence Ogier & Le Masurier, Jersey, Channel Islands 

Stefan Liniger Bär & Karrer, Zurich, Switzerland 


Club E, PCC 

Art collectors and collections: 

legal and fiscal regime 

Joint session with Art, Cultural Institutions and Heritage Law. 


0930 – 1230 THURSDAY 

Museum of Decorative Arts, Prague 

Taxes 

Co-Chairs 

Lewis Steinberg UBS Securities LLC, New York, USA 

Alejandro Escoda Cuatrecasas, Barcelona, Spain 

EU developments and accession issues and more 


Guglielmo Maisto Maisto e Associati, Milan, Italy 

Klaus Sieker Flick Gocke Schaumburg, Frankfurt am Main, 

Germany 

This session will discuss the consequences of the inclusion in the EU 

of ten new Member States as of 1 April 2004 and comment on the 

possibilities of utilising new Member States’ local incentives. 

Furthermore, the panel will focus on the harmonisation of tax rates 

and tax base in the European Union, an issue which has become 

more pressing given the overall lower tax rates in the new Member 

States. In this context, the panel will analyse recent rulings of the

ECJ and pending cases (such as cross-border consolidation, the 

most-favoured-nation principle) and their impact on tax 

harmonisation and the consequences of the growing harmonisation 

within the EU (expansion of the EU Parent-Subsidiary Directive, the 

Interest and Royalty Directive) has on the position of third countries 

like Switzerland. The latest developments in the field of 

harmonising indirect taxes will also be discussed. 

Speakers 

Robert Krasnodebski Weil Gotshal & Manges, Warsaw, Poland 

Hans Georg-Berg Skadden Arps Slate Meagher & Flom, Frankfurt 

am Main, Germany 

Tomas Balco Ministry of Finance, Prague, Czech Republic 

Elias Neocleous Neocleous Law Firm, Limassol, Cyprus 

Konstantin Kotivnenko Sorainen Law Offices, Tallinn, Estonia 

Walter Boss Blum Attorneys at Law, Zurich, Switzerland 

1400 – 1700 MONDAY 

Club A, PCC 

Cross-border real estate investment 


Ton Kemp Linklaters, Prague, Czech Republic 

Catherine Charpentier Ashurst, Paris, France 

This panel addresses the tax treatment of acquisitions and disposals 

of real estate by various real estate holding structures, such as 

investment funds, private equity vehicles and REITs. It covers the tax 

treatment in the host country, and compares share deals to asset 

deals. The topic also highlights opportunities for cross-border real 

estate acquisitions, such as loopholes in tax treaties or specific 

planning techniques in the jurisdictions in which investors most 

commonly invest. Other charges, such as indirect taxes in relation to 

the sale, purchase and holding of real estate, will also be analysed. 

Speakers 

Kathleen Hanly Fasken Martineau, Toronto, Ontario, Canada 

Martin Phelan William Fry Solicitors, Dublin, Ireland 

Gottfried Breuninger Shearman & Sterling, Munich, Germany 

Albert Collado Garrigues, Barcelona, Spain 

Jacques de Servigny Gide Loyrette Nouel, Budapest, Hungary 

William Thompson Minter Ellison, Brisbane, Queensland, Australia 

0930 – 1230 TUESDAY 

Club A, PCC 

Structuring international private equity 

investments 


Stephen Shay Ropes & Gray LLP, Boston, Massachusetts, USA 

Michael Trask S J Berwin LLP, London, England 

In recent years, private equity funds have been among the most 

active players in the merger and acquisition arena. The first portion 

of the panel discussion will review tax issues that sponsors of 

private equity take into account in designing a fund to 

accommodate the differing tax position of individual pension funds 

and other investors having varying tax characteristics. The panel will 

look at examples of funds organised in several jurisdictions where 

private equity has been growing in importance, including the 

United States, France, Germany and the United Kingdom. 

The second part of the panel discussion will be directed at how 

private equity funds structure leveraged cross-border portfolio 

investments to maximise after-tax returns to their portfolio 

investors. The panel will consider the tax issues that arise in 

arranging bank, private placement and public debt financing. 

The panel will analyse case study examples of structures that are 

employed to permit efficient recapitalisations and disposition of a 

portfolio company resident in a jurisdiction other than that of the 

acquiring fund. 

Speakers 

Stefano Petrecca Di Tanno e Associati, Rome, Italy 

Andreas Rodin Poellath & Partners, Berlin, Germany; Vice-Chair, 

Specialised Investment Funds 

Pieter de Ridder Loyens & Loeff, Singapore 

Nishith Desai Nishith Desai & Associates, Mumbai, India 

Frederick Feyten NautaDutilh, Luxembourg 

Thomas A Jorgensen Calfee Halter & Griswold LLP, Cleveland, Ohio, 

USA 

1400 – 1700 TUESDAY 

Club A, PCC 



1945 TUESDAY 

Business model tax planning 


Lowell Yoder McDermott Will & Emery, Chicago, Illinois, USA 

Wilbert Kannekens KPMG Meijburg & Co LLP, Amsterdam, the 

Netherlands 

This panel will consider business model driven changes to a 

corporate group’s activity and the tax issues related to such 

planning. The context for this will be various group centralisations 

and outsourcing initiatives including cash pooling, central 

procurement, accounting and collection, risk management and 

research and development among other things. 

Consideration will be given to the taxation of the conversion 

transactions implementing the group structural change as well as 

the ongoing income tax implications under the structure, including 

transfer pricing and permanent establishment issues. The panel will 

also consider VAT implications, as well as certain compensation and 

benefit plan implications. 

Speakers 

Huib C Brouwer GE International Inc, London, England 

Eveline Saupper Homburger, Zurich, Switzerland 

Ricardo Luiz Becker Pinheiro Neto Advogados, São Paulo, Brazil 


Club A, PCC 

Current developments and fixed topics 


Riccardo Michelutti Maisto e Associati, Milan, Italy 

Leandro M Passarella Negri & Teijeiro Abogados, Buenos Aires, 

Argentina 

Martin Nilsson Mannheimer Swartling, Stockholm, Sweden 

Sonia Velasco Cuatrecasas, Barcelona, Spain 

Current tax developments will be presented by reporters from all 

contributing jurisdictions, together with a panel regarding a fixed 

topic to be identified. 

Speakers 

Ana Lucia Ferreyra Negri & Teijeiro Abogados, Buenos Aires, 

Argentina 

Tom May Herbert Greer & Rundle, Melbourne, Victoria, Australia 

Clemens Hasenauer Cerha Hempel Spiegelfeld Hlawati, Vienna, 

Austria 

Kristoffel Vermeersch Marx Van Ranst Vermeersch & Partners, 


Frederico Cunha Viseu Castro Cunha Oricchio Advogados, 

São Paulo, Brazil 

Ronald J McKenna Aird & Berlis LLP, Toronto, Ontario, Canada 

Felipe Yanez Alessandri & Compañía, Santiago, Chile 

65 



Stephane Vernay Gide Loyrette Nouel, Beijing, People's Republic of 

China 

Wilson Ramos Jose Lloreda Camacho & Co, Bogotá, Colombia 

Elias Neocleous Andreas Neocleous & Co, Limassol, Cyprus 

Radek Halicek White & Case, Prague, Czech Republic 

Anne Krebs Lindh Stabell Horten, Copenhagen, Denmark 

Monika Sehver Raidla & Partners, Tallinn, Estonia 

Pia Aalto Roschier Holmberg, Helsinki, Finland 

Agnes de l’Estoile-Campi CMS Bureau Francis Lefebvre, Paris, 

France 

Stephen Hecht Flick Gocke Schaumburg, Bonn, Germany 

Katerina Perrou Siembos & Associates, Athens, Greece 

Sandy Wong Dibb Lupton Alsop, Hong Kong SAR 

Lilla Stricca Haarmann Hemmelrath & Partner, Budapest, Hungary 

Erna Hjaltested Logos Legal Service, Reykjavik, Iceland 

Bijal Ajinkya Nishith Desai Associates, Mumbai, India 

Eugene Flynn Lexindo Consulting, Jakarta, Indonesia 

Brian Duffy William Fry Solicitors, Dublin, Ireland 

Sarah Bellilchi Cohen Legal Partners, Israel 

Paola Albano Gianni Origoni Grippo & Partners, Rome, Italy 

Young Moo Sihin Shin & Kim Law Office, Seoul, Korea 

Frederic Feyten NautaDutilh, Luxembourg 

Ka Im Goh Shearn Delamore & Co, Kuala Lumpur, Malaysia 

Dev Erriah Erriah & Uteem Chambers, Port Louis, Mauritius 

Luis Ortiz de la Concha Ortiz Dominguez Y Asociados SC, Mexico 

City, Mexico 

Niels Campbell Bell Gully, Auckland, New Zealand 

Dariusz Wasylkowski Wardyński & Partners, Warsaw, Poland; 

Vice-Chair, European Forum 

Antonio Rocha Mendes Gonçalves Pereira Castelo Branco & 

Associados, Lisbon, Portugal 

Simona Dumitrache Simona Dumitrache Cabinet de Avocat, 

Bucharest, Romania 

Yeoh Lian Chuan Allen & Gledhill, Singapore 

Alan Keep Bowman Gilfillan, Sandton, Johannesburg, South Africa 

Jose Palacios Garrigues Abogados y Asesores Tributarios, Madrid, 

Spain 

Meter Utterstrom Delphi & Co, Stockholm, Sweden 

Tiziana Marenco Szabo CMS von Erlach Klainguti Stettler Wille, 

Zurich, Switzerland 

Charlotte Fallon Skadden Arps Slate Meagher & Flom LLP, London, 

England 

Seannon Fallon Meeks Winston & Strawn, Washington DC, USA 

Juan Carlos Garanton-Blanco Torres Plaz & Araujo, Caracas, 

Venezuela 

Lodewijk Berger Loyens & Loeff, Amsterdam, the Netherlands 

66 

Travel and Leisure Section 

0930 – 1700 THURSDAY 


Development and marketing of hotels 

and casinos in Eastern Europe 

Joint session with the Real Estate Section. 


Brenda Pritchard Gowling Lafleur Henderson LLP, Toronto, Ontario, 

Canada 

Rafael Truan Blanco Díaz-Bastien & Truan, Madrid, Spain; 

Chair, Real Estate Law 

This full-day session will cover all aspects of developing and 

marketing hotels and casinos in Eastern Europe. It will begin with 

an examination of land acquisition, construction and public law 

issues, including zoning. 

The session will continue with issues related to the choice of 

management, especially a choice between franchisees and 

independent operators. 

It will then cover marketing of hotels and casinos, looking at 

loyalty programmes, viral marketing and other emerging means of 

drawing repeat guests. A look at advertising issues will follow, 

considering contests/illegal lottery exemptions and other 

promotional issues, as well as a consideration of privacy issues, 

including those related to personal information on frequent guests 

and the gambling habits of patrons. 

An ‘open mike’ will conclude the session in which attendees are 

invited to share their experiences and some solutions with the 

audience. 

Speakers 


Evan Lazar Salans, Prague, Czech Republic 

Mia Kalas Odvetniiselih & Partners, Ljubljana, Slovenia 

John Vernon Carstens & Cahoon LLP, Dallas, Texas, USA; 

Vice-Chair, International Franchising 

Brenda Pritchard 

Joel Buckberg Executive Vice-President, Cendant Corporation, 

Parsippany, New Jersey, USA 

Robin Bynoe Charles Russell LLP, London, England 

Jörg K Menzer Noerr Stiepenhofer Lutz, Munich, Germany 

0930 – 1700 TUESDAY 

Club B, PCC 

The emergence of ‘dynamic packaging’ of 

travel products: can the law keep up with 

this huge internet phenomenon? 


Hans-Josef Vogel Busse & Miessen, Bonn, Germany; Vice-Chair, 

Travel, Tourism and Hospitality Law 

Rory Gogarty Holman Fenwick & Willan, London, England 

Most businesses are affected by the internet. This is especially so for 

one of the biggest industries in the world, which is also the largest 

legitimate industry on the Net: travel. The travel business on the 

internet has rapidly developed from primarily selling traditional 

packaged holiday products to generating a new business that has 

changed the industry fundamentally: dynamic packaging. 

It used to be that the package holidays millions of consumers 

booked worldwide were pre-arranged months ahead; catalogues 

were printed, prices set, inspections carried out . . . no more. The 

new package holiday is often created on the spot, in connection 

with a low-cost airline ticket bought through a small operator, 

using a PC and a real-time connection to a hotel and transportation 

provider. Prices are flexible, reflecting supply and demand. The 

distinctions between agent and operator blur, as do those between 

supplier and operator. The internet has made it possible for all these 

players in the market to become operators – which they do, hoping 

for higher margins. 

Numerous commercial and legal issues arise as a result of this 

new business, primarily in relation to pricing, quality and regulation. 

Thousands of start-ups ranging from individuals on their home PCs 

to traditional travel agents are out there selling holidays, unaware 

of the laws and regulations governing operators, or dodging them 

to the detriment of the consumer. IP and data protection issues 

abound, as the ownership of the data these operators dip into 

becomes contested. Do we need new laws to regulate this new 

way of selling and operating a vacation business? Are lower 

standards for such dynamic packagers appropriate? Can we simply 

apply existing legal and regulatory regimes? How do various 

jurisdictions deal with these issues?

Speakers 

Claudia Brözel Verband Internet Reisevertrieb, Frankfurt am Main, 

Germany 

Rory Gogarty 

Gregory Leather Barringer Leather Lawyers, Sydney, New South 


Michael Pepper Travel Industry Council of Ontario, Mississauga, 

Ontario, Canada 

Hans-Josef Vogel 

Jan Widlund Advokatfirman Vinge, Stockholm, Sweden 

Gary E Davidson Rasco Reininger Perez Esquenazi Vigil, Coral 

Gables, Florida, USA 


Club B, PCC 

Sports and Gaming Law 

Chair 

Goffredo Guerra McDermott Will & Emery LLP / Carnelutti, Milan, 

Italy 

Sporting events and the media 

Joint session with Media Law. See page 52 for details. 

0930 – 1230 THURSDAY 




2000 THURSDAY 

Travel, Tourism 

and Hospitality Law 

Chair 

Laura K Christa Christa & Jackson, Los Angeles, California, USA 




needs of the past, and who decides? 

Joint session with the Real Estate Section and Art, Cultural 

Institutions and Heritage Law. 


Laura K Christa 

Adrian Parkhouse Farrer & Co, London, England; Vice-Chair, Art, 

Cultural Institutions and Heritage Law 

Rafael Truan Blanco Díaz-Bastien & Truan, Madrid, Spain; Chair, 

Real Estate Law 

Most agree that a world-class historic site should not be razed in 

order to build an ordinary shopping centre. Around the world, 

however, governments, architects, preservationists and developers 

are struggling with defining what is ‘historic’. 

In some countries, such as China, there is grave concern that the 

architecture representing 4,000 years of history is disappearing, 

while in the modern city of Los Angeles, the City Council has 

provided for reviewing architectural changes to properties in 20 

historical districts involving 6,000 properties, based on the fact that 

they are ‘historic.’ Most of the properties were built in the 20th 

Century. Are they all ‘historic’? By whose definition? 

Should all development of sites that claim to have historic value 

be prevented? Who will ensure that the site has legitimate historic 

interest? Can tourism (a clear ‘market’ measure of legitimacy) tell us 

whether we have swung the balance too much one way or the 

other? What if, as in Shanghai, world-class architects are putting up 

buildings which are themselves bringing tourism to the area? Will 

the Chinese damming of the Three Gorges area, drowning historic 

sites in the interests of protection from future flooding, decimate 

history and end tourism that the area needs? When should the past 

trump the future? 

Speakers 

Donald Hankey GHK International, London, England 

Alfred Schönburg-Hartenstein Hans Windisch-Graetz GmbH, 

Vienna, Austria 

Adrian Parkhouse 

Mitchell Schwarzer California College of the Arts, Oakland, 



1400 – 1700 MONDAY 

Club D, PCC 


sex tourism 

Joint session with Criminal Law and the Human Rights Institute. 


Laura K Christa 

Luz Estella Nagle Stetson University College of Law, St Petersburg, 

Florida, USA; Secretary and Website Coordinator, Criminal Law 

Ramón Mullerat Mullerat, Barcelona, Spain; Co-Chair, Corporate 

Social Responsibility 

Trafficking in humans for economic gain is not new, but efforts to 

stop trafficking and raise awareness of its existence are making 

some inroads. Trafficking is primarily a means of obtaining lower 

wage labour and meeting market demand for sex, including sex 

tourism. The trafficking in children in the wake of the tsunami 

disaster is a painful reminder of how widespread human trafficking 

is. To be examined are: the role of international corporations in the 

trafficking of human beings for the purposes of supplying cheap 

labour; and enforcement efforts of some countries to curb 

trafficking, including US efforts to prosecute those who leave the 

United States with the intent to have sexual relations with a minor. 

Other jurisdictions will be examined for similar efforts, including 

enforcement efforts within jurisdictions are frequent cheap labour 

and sex tourism destinations. 

Beyond enforcement efforts, however, the ‘politics’ of trafficking 

will be considered, especially the complicity of a ‘receiving‘ country, 

which may ignore the trade and even tacitly encourage it for tourist 

or economic benefits. The panellists will encourage those attending 

the session to join in forming an investigatory task force into the 

best way of dealing with the problem. 

Speakers 

Bolaji Owasanoye Nigerian Institute of Advanced Legal Studies, 


Petra Burcikova La Strada International, Prague, Czech Republic 

Douglas Malloy Chief Assistant US Attorney, Fort Myers, Florida, USA 

Marie Dyhrberg Auckland, New Zealand; Vice-Chair, Criminal Law 

Linda Malone William & Mary School of Law, Williamsburg, 

Virginia, USA 

Vivien Chan Vivien Chan & Co, Hong Kong SAR; Vice-Chair, Asia 

Pacific Forum 


Club B, PCC 

67 



‘Beam me up Scotty!’ Space tourism and its 

technical, legal and regulatory aspects 

Joint session with Outer Space Law. See page 53 for details. 

0930 – 1230 THURSDAY 




2000 THURSDAY 

68 

African Regional Forum 

Chair 

Segun Onakoya Segun & Segun, Lagos, Nigeria 

A LUNCH will be held for Conference delegates. 


1230 – 1400 TUESDAY 

AN OPEN BUSINESS MEETING of the African Regional Forum to 

discuss future activities. 

1400 – 1700 TUESDAY 


Privatisation in Africa 

Session Chair 

Emmanuel Chukwuka Ukala E C Ukala & Co, Port Harcourt, Nigeria 

Privatisation in Africa is in its infancy. To ensure smooth growth and 

enhance basic operations of core areas of privatisation it is essential 

that there be joint operations of both local and expatriate 

consultants. 

This session aims to familiarise practitioners with the principles of 

privatisation encompassing commercialisation, corporatisation, 

contracting out (or outsourcing), management contracts, franchises, 

leases, concessions, strategic partnerships and asset sales. 

Speakers 

Marc Frilet Frilet & Associés, Paris, France; Chair, Training Courses 

Committee 

Nnaemeka Ewelukwa London, England 

Chief Joe Kyari Gadzama Jk Gadzama & Co, Abuja, Nigeria 

Hans Evenhuis Cliffe Dekker Inc, Sandton, Johannesburg, South 

Africa 

Jacob Arko Saah Saah & Company, Accra, Ghana 


Club D, PCC 

NEPAD: The role of lawyers in the African 

renaissance 

Joint session with the Bar Issues Commission. 


Segun Onakoya 

Malcolm Wallis SC Durban, South Africa 

NEPAD programme implementation areas are peace and security, 

infrastructure, agriculture, tourism, ICT, health, education and 

science and technology. All these can only be achieved if there 

is a transparent local and international judicial system in the 

implementation of the initiative. 

Speakers 

John St Claret Ezeani Marshall and Stevens, Lagos, Nigeria 

Georges P Racine Fasken Martineau DuMoulin LLP, London, 

England 

Nimisoere Walson-Jack Port Harcourt, Nigeria 

Reinier Lock Washington DC, USA; Chair, Section on Energy, 

Environment, Natural Resources and Infrastructure Law 

Sternford Moyo Scanlen & Holderness, Harare, Zimbabwe 

Olaleye Adebiyi Aluko & Oyebode, Lagos, Nigeria 

Norman Arendse SC General Council, Bar of South Africa, 

Cape Town, South Africa 



Asia Pacific Forum 

Co-Chairs 

Jon North Allens Arthur Robinson, Sydney, New South Wales, 

Australia 

Som Mandal Fox Mandal, New Delhi, India 


Speaker 

Francis Jardeleza San Miguel, Manila, Philippines 




Co-Chairs 

Jan Eijsbouts Akzo Nobel NV, Arnhem, the Netherlands 

Logan G Robinson Delphi Corporation, Troy, Michigan, USA 

Privilege and professional secrecy 

Joint session with the Dispute Resolution Section. 


1030 – 1700 MONDAY 


Professional rules for in-house counsel 

Moderator 

Jean-Claude Najar GE Oil & Gas Nuovo Pignone, Florence, Italy; 


This panel will deal with the position, responsibilities and duties of 

in-house counsel. Issues to be reviewed and discussed will involve a 

broad range of aspects. These will include questions such as who is 

the client, particularly in a multinational conglomerate context, 

when will the service role of the lawyer be overruled by the 

gatekeeper role, what, when and to whom to report regular and 

irregular matters, what to do in internal investigations and how to 

secure and retain legal privilege. Best practice will be addressed in 

issues such as SOX up the ladder reporting. Is it possible to draft a 

global code of conduct for in-house counsel and what should it 

contain? What parties should be involved and when and how? 

The Corporate Counsel Forum intends to develop a draft for 

review and discussion at the Conference. 

Panellists 

Carl Belding IBM EMEA, Paris, France 

Jan Eijsbouts 

Kirsi Komi Nokia Corporation, Helsinki, Finland; Council, Legal 

Practice Division 

Jaap Winter De Brauw Blackstone Westbroek NV, Amsterdam, the 

Netherlands 

0930 – 1230 TUESDAY 

Panorama Hall, PCC

A LUNCH, supported by Lex Mundi and its member firm for 

Germany, Nörr Stiefenhofer Lutz, will be held for Conference 

delegates. See page 89 for details. 

1230 – 1400 TUESDAY 

Rules and models for cooperation and 

engagement of outside counsel 

Moderator 

Logan G Robinson 

The panel will review the relationship between in-house and outside 

counsel, including: how should outside counsel handle competing 

interests within a corporate entity, represented by in-house counsel, 

operating management, and the board of directors. What about 

conflicts between the local subsidiary, and the foreign 

headquarters? How can in-house counsel best manage outside 

legal costs in a time of rapid legal cost inflation: is an hourly rate 

the best, or are contingency fees, success fees or other partnering 

arrangements the better approach? Are in-house departments and 

outside firms better served by long-standing relationships or by 

competitive ‘beauty‘ contests? What impact has the US Sarbanes- 

Oxley Act, particularly the provisions on lawyers’ responsibilities, 

had on worldwide counsel servicing US publicly traded companies? 

Have there been similar corporate governance trends in other 

jurisdictions? Is service by outside counsel on a board of directors 

whose firm also represents the company a conflict of interest? 

Panellists 

Bruno Cova Paul Hastings Janofsky & Walker LLP, Milan, Italy; 


Peter Herbel General Counsel, Total, Paris, France 

Sylvia Khatcherian Morgan Stanley, New York, USA; Council, 


Paul Smith Eversheds, London, England 

1400 – 1700 TUESDAY 


Litigators’ forum for corporate counsel 

Joint session with Litigation. See page 34 for details. 



Improving compliance and risk management for 

the international business 

Organised by Martindale-Hubbell 


E Leigh Dance ELD Project Marketing International, Inc, New York, 

USA 

Derek Benton Martindale-Hubbell, London, England 

This session will look at the following: 

beyond ‘control central’ – pushing compliance accountability and 

review from the legal department to the businesses; 

adapting risk management efforts to diverse cultures and 

regulatory dynamics; 

involving business people and outside lawyers in selfassessments, 

reporting, and compliance training; and 

handling the legal department’s heavy workload on 

compliance and risk management – increasing the efficiency of 

your operations and administration. 

Speakers 

Michaela Jandova IBM CEMA, Vienna, Austria 

Sebastian Biedenkopf Tchibo Holding AG, Hamburg, Germany 

Jonathan Kelly Head of Financial Markets Litigation, Simmons & 

Simmons, London, England 

0930 – 1230 THURSDAY 


United Nations Norms on the Responsibilities of 

Transnational Corporations and Other Business 


Joint session with Corporate Social Responsibility. 


1400 – 1700 THURSDAY 


European Forum 

Co-Chairs 

Borislav Boyanov Borislav Boyanov & Co, Sofia, Bulgaria 

Rolandas Valiunas Lideika Petrauskas Valiunas LAWIN, Vilnius, 

Lithuania 



1230 – 1400 MONDAY 

Suite 2, Corinthia Towers Hotel 

Public-private partnership – the removal of 

barriers 

Joint session with Project Finance and International Construction 

Projects. 


Pii Ketvel Clyde & Co, London, England 

Emmanuel Fontaine Gide Loyrette & Nouel, Paris, France; Chair, 

Project Finance 

Public-private partnerships (PPPs) offer a number of opportunities 

for lawyers, but also raise many new issues for all of us, whether 

we are advising sponsors, bankers, governments or rating agencies. 

This session focuses on the opportunities and obstacles in Europe, 

in particular in the CEE countries, where there is significant interest 

in PPPs. The session is aimed both at lawyers experienced in PPPs, 

and at lawyers who have not yet worked on PPPs but expect to do 

so in the near future. 

The session will be divided into general issues and drafting issues 

and will examine: 

why and when to choose PPP; 

different parties’ preference for risk; 

working with partners – how is PPP different? 

bankability requirements; and 

major pitfalls. 

Speakers 

Patricia Baquero World Bank, Washington DC, USA 

Alexei Zverev European Bank for Reconstruction and Development, 


Arent van Wassenaer Norton Rose, Amsterdam, the Netherlands; 

Co-Chair, International Construction Projects 

Dovile Burgiene Lideika Petrauskas Valiunas LAWIN, Vilnius, 

Lithuania 

Jukka Luukkanen European Investment Bank, Luxembourg 

Leonard Cleland Clifford Chance, Frankfurt am Main, Germany 

Eugenia Gutium Gutium Si Asociatii SCA, Bucharest, Romania 

Judith O’Driscoll Standard & Poor’s, London, England 

1400 – 1700 MONDAY 


69 



Protection of investors’ rights in the light of 

recent developments in Russia 

Session Chair 

Doran Doeh Denton Wilde Sapte, Moscow, Russian Federation 

Protection of investments has become the subject of active 

discussion by lawyers and businesspeople, due to recent court 

cases in Russia. The Government and independent experts agree 

that the trust of investors was to some extent undermined. 

Lately, the Government has been proposing special measures to 

improve the investment climate, and to give investments more 

security. The discussion will focus on potential risks to be faced 

while investing in Russia and ways of protecting the interests of 

investors. Concerns of Russians in investing abroad will also be 

considered. 

The session will be divided into general issues and they will 

examine: 

legislators’ initiative to improve the investment climate in Russia 

after its recent decline; 

how to get investors comfortable to sponsor projects in Russia; 

investment banking in Russia - principal legal risks; 

developments in Russian bankruptcy law; and 

Russian investments in overseas oil and gas projects 

Speakers 

Vassili Rudomino Alrud Law Firm, Moscow, Russian Federation 

Andrei Baev Allen & Overy LLP, Moscow, Russian Federation 

Konstantin Orlov Renaissance Capital Group, Moscow, Russian 

Federation 

Ekaterina M Akkush LUKOIL Overseas Group, Moscow, Russian 

Federation 

Maria Starastina Reznick Gagarin Abushakhmin & Partners, 

Moscow, Russian Federation 

1400 – 1700 TUESDAY 


Liability of the directors – more challenges ahead 

Session Chair 

Rolandas Valiunas 

The time when the position of the director at the board of 

numerous companies meant good payroll and reputation has long 

since passed. Shareholders, state institutions, creditors and other 

stakeholders become more and more demanding. The director 

might easily become a target for the claims of stakeholders, 

distressed by unexpected losses. The expectations to demonstrate 

better qualifications and care, to devote time sufficiently are 

increasing continuously. However, even best performing directors 

are not on the safe side. 

A case study on a multinational company that is facing 

substantial problems will be analysed. The performance of the 

directors and their liability shall be a pivot of the discussion. The 

particularities of different European jurisdictions from Russia to 

Western Europe shall be taken into account. 

Speakers 

Roel Nieuwdorp Loyens & Loeff, Brussels, Belgium 

Felix R Ehrat Bär & Karrer, Zurich, Switzerland; Vice-Chair, Business 

Organisations 

Rolandas Valiunas 

Timothy W Osborne Wiggin Osborne Fullerlove, Cheltenham, 

England 






70 

The real estate boom in Central and 


Joint session with Real Estate Law. See page 63 for details. 

0930 – 1230 THURSDAY 

Club D, PCC 

Franchising in Eastern Europe 

Joint session with International Franchising. 


0930 – 1230 THURSDAY 


The European Court of Human Rights for the 

business lawyer 

SHOWCASE PROGRAMME 


0930 – 1230 THURSDAY 


Civil litigation in Europe 


Session Chair 

Paul M Storm NautaDutilh, Rotterdam, the Netherlands 

This session is primarily intended for lawyers from the new 

EU Member States to make them more acquainted with various 

EU instruments likely to directly affect their litigation practices, 

such as: regulations on jurisdiction and enforcement of judgments 

(‘Brussels I’); evidence, service of documents and insolvency, etc. 

The afternoon part of the session will focus on a discussion of a 

hypothetical case on Brussels I and service of documents. 

This session will also be of interest to other lawyers faced with 

litigation in Europe. 

Speakers 

Alexander Layton QC London, England 

Michael Polonsky Berwin Leighton Paisner, London, England; 

Co-Chair, International Litigation Conventions and Laws 

Marcin Radwan Wardyński & Partners, Warsaw, Poland 

Hugh Mercer Essex Court Chambers, London, England 

0930 – 1700 FRIDAY 


Illicit trade of art in Eastern Europe 

Joint session with Art, Cultural Institutions and Heritage Law. 


0930 – 1230 FRIDAY 

Club C, PCC

Latin American and 

Caribbean Forum 

Co-Chairs 

Bruno Ciuffetelli Hoet Peláez Castillo & Duque, Caracas, Venezuela 

Moira Huggard-Caine Tozzini Freire Teixeira e Silva, São Paulo, 

Brazil 



1230 – 1400 TUESDAY 

AN OPEN BUSINESS MEETING of the Latin American and 

Caribbean Forum to discuss future activities. 

1400 – 1700 TUESDAY 


Giving legal opinions in a changing environment: 

international financial transactions in emerging 

markets and comparative views 

Joint session with Banking Law. 


Gwendoline Griffiths Barlow Lyde & Gilbert, London, England; 


Francisco J Illanes Cariola Diez Pérez-Cotapos & Co, Santiago, Chile; 

Senior Vice-Chair, Latin American and Caribbean Forum 

This session will examine the effect of recent developments in 

emerging markets (mainly Latin America and Eastern Europe) on 

legal opinions in international financial transactions. Issues such as: 

rediscovering the value of foreign governing law; restrictions on 

choice of foreign jurisdictions; local courts reviewing foreign awards 

and judgments; problems of guarantors in other jurisdictions; and 

effects of insolvency and bankruptcy, among others. Different 

perspectives shall be considered: international and local counsel; 

debtor and creditor counsel; and common law and civil law issues. 

This session will be a practical programme to identify new legal 

issues and discuss how to cope with them in your professional 

work. 

Speakers 

Jiri Balastik Kocián Šolc Balaštik, Prague, Czech Republic 

John Balsdon Herbert Smith CIS LLP, Moscow, Russian Federation 

Keith Clark Morgan Stanley, London, England 

Andre de la Cruz Cleary Gottlieb Steen & Hamilton, Frankfurt am 

Main, Germany 

Michael Gruson Shearman & Sterling LLP, New York, USA 

Hector Mairal Marval O’Farrell & Mairal, Buenos Aires, Argentina 

Thomas S Heather White & Case, Mexico City, Mexico 

Paulo Alberto Wyegand Vieira Vieira Resende Barbosa & Guerra 

Advogados, São Paulo, Brazil 



Sovereignty issues in litigation and arbitration 

in Latin America 

Joint session with the Dispute Resolution Section. 


Guido Santiago Tawil M & M Bomchil, Buenos Aires, Argentina; 

Vice-Chair, Latin American and Caribbean Forum 

Claus von Wobeser Von Wobeser y Sierra SC, Mexico City, Mexico; 

Co-Chair, Arbitration 

Enforcement of judicial and arbitral awards against sovereign states 

has become one of the hottest issues in the arbitration and 

litigation world. The increasing amount of litigation before local 

and foreign courts on matters such as defaulted sovereign debt or 

the growing importance that investor-state arbitration has obtained 

are just two examples of the relevance that sovereignty issues have 

assumed. During this session, experienced practitioners from 

different jurisdictions will examine the most relevant issues arising 

due to the involvement of a sovereign party, including those of 

jurisdictional and procedural nature, settlement, and enforcement. 

Recent developments on these matters involving Latin America, 

Eastern Europe and other regions will be discussed. 

Speakers 

Robert Volterra Latham & Watkins LLP, London, England 

Horacio Grigera Naón Washington DC, USA 

Eduardo Silva Romero Coudert Brothers, Paris, France 

Nigel Blackaby Freshfields Bruckhaus Deringer, Paris, France 

Eduardo Zuleta-Jaramillo Zuleta Suárez Araque & Jaramillo 

Abogados, Bogotá, Colombia 

Gilberto Giusti Pinheiro Neto Advogados, São Paulo, Brazil; 

Secretary, Development of the Legal Profession 

Fernando Mantilla-Serrano Shearman & Sterling LLP, Paris, France 

Lucinda Low Steptoe & Johnson LLP, Washington DC, USA 

David W Rivkin Debevoise & Plimpton LLP, New York, USA; 

Vice-Chair, Legal Practice Division 

0930 – 1230 THURSDAY 


71 


Page 72 

OCEANA PUBLICATIONS


Public and Professional Interest Division 

Academics’ Forum 

Chair 

Neil Gold University of Windsor, Windsor, Ontario, Canada 

Community law – the role of clinical legal 

education 

Joint session with Legal Education and Professional Development. 

See pag 79 for details. 


Club C, PCC 

A BREAKFAST MEETING will be held to discuss issues of concern 

and interest in the academic field. 

0800 – 0930 THURSDAY 


Franz Kafka, The Trial and the law 

Joint session with the Forum for Barristers and Advocates, 

the Judges’ Forum and Legal Education and Professional 

Development. 

Session Chair 

Mary Frances Edwards AMIDEAST/AOJS II, Giza, Egypt; Council, 

Public and Professional Interest Division 

Franz Kafka had a particular view of the legal system. While most 

would hope his view was skewed, there is often more than a mere 

ring of truth to his views and insights. Through mock trial and 

discussion, the session will explore Kafka’s central themes as they 

may apply to our legal system today. 

Speakers 

Frank Astill University of Sydney, Sydney, New South Wales, 

Australia 

Mike Cowling University of KwaZulu-Natal, Pietermarizburg, South 

Africa 

David McQuoid-Mason University of KwaZulu-Natal, Durban, 

South Africa; Vice-Chair, Academics’ Forum 

Steve Pete University of KwaZulu-Natal, Durban, South Africa 

Max du Plessis University of KwaZulu-Natal, Durban, South Africa 

Access to Justice 

0930 – 1230 THURSDAY 


Chair 

Peter Maynard Peter D Maynard & Co, Nassau, Bahamas 

Financing access to justice 


Peter Maynard 

Richard Oma Ahonaruogho Ahonaruogho Ahonaruogho & Co, 

Lagos, Nigeria; Vice-Chair, Access to Justice 

It is recognised that governments are responsible for providing legal 

representation for serious criminal and civil matters for persons who 

cannot afford representation. While a person may choose to 

represent himself or herself, he or she shall at least have the choice 

of whether or not to be represented by legal counsel. 

Many governments do not discharge this responsibility at all, or 

do not discharge it adequately. Without replacing the government’s 

core financial responsibility, the profession and non-governmental 

organisations in various countries have found pro bono and other 

innovative ways to supplement government funding. 

This session will comprehensively canvas the financial 

underpinning of access to justice through public defenders and 

legal aid. 

Speakers 

John Brown McCarthy Tétrault, Toronto, Ontario, Canada 

Naldo Dasso Cardena Di Cio Romero & Tarsitano, Buenos Aires, 

Argentina 

Marie Dyhrberg Victoria Chambers, Auckland, New Zealand 

Iqbal Ganie Law Society of South Africa, Cumberwood, South 

Africa 

Evlynne Gilvarry Law Society of England and Wales, London, 

England 

Michael Greco American Bar Association, Chicago, Illinois, USA 

Joseph Harbaugh Nova Southeastern University, Fort Lauderdale, 

Florida, USA 

Kevin Martin Law Society of England and Wales, London, England 

Russell Miller Minter Ellison, Canberra, Australian Capital Territory, 

Australia 

Horacio Bernardes-Neto Xavier Bernardes Bragança, São Paulo, 

Brazil 

Sam Okudzeto Sam Okudzeto & Associates, Accra, Ghana 

Patrick Patterson Organization of Commonwealth Caribbean Bar 

Associations, St. Kitts & Nevis 

Robin Sully Canadian Bar Association, Ottawa, Ontario, Canada 

Malcolm Stewart Corporate Claims International, London, England 

Representative of the East Africa Law Society 

1030 – 1700 MONDAY 


Community law – the role of clinical legal 

education 




Club C, PCC 

Bar Issues Commission 

Chair 

Akira Kawamura Anderson Mori & Tomotsune, Tokyo, Japan 

Welcome meeting 

The Bar Issues Commission (BIC) invites new and old Member 

Organisation representatives to join them at a welcome meeting 

which will provide attendees with the opportunity to meet with the 

BIC Officers and with each other at the beginning of the 

Conference week. The Officers will run through the Conference 

week, highlighting sessions and social events of particular interest 

to Member Organisation representatives, and will share insight on 

how to make the most of the Conference week. 

1030 – 1230 MONDAY 

Club E, PCC 

73 

Working Sessions Public and Professional Interest Division


Complaints procedures and disciplinary procedures 

Session Chair 

James Klotz Davis & Company, Toronto, Ontario, Canada 

The BIC Policy Committee’s Working Group on Complaints 

Procedures and Disciplinary Procedures will hold a preliminary 

session in Prague to identify and discuss problem areas/issues that 

members have identified in the procedures of their respective Bars. 

1400 – 1700 MONDAY 


Bar office management 

Session Chair 

Michael Kutschera Binder Grösswang, Vienna, Austria; Officer at 

Large, Bar Issues Commission 

Bar officials and leading staff members will give overviews of their 

Bar offices’ tasks, their organisational structures, financial resources, 

staffing and the processes in which they handle their work for and 

in cooperation with elected Bar Officers. They will also discuss the 

problems and challenges they face in their respective environments. 

Speakers 

Robert Stein American Bar Association, Chicago, Illinois, USA; 

Secretary-Treasurer, Public and Professional Interest Division 

Janet Paraskeva Law Society of England and Wales, London, England 

Manfred Schimmler Vienna Bar Association, Vienna, Austria 

Michaela Strizova Czech Bar Association, Prague, Czech Republic 

74 

1400 – 1700 TUESDAY 


Globalisation of a code of ethics 

Joint session with Professional Ethics. 


Alejandro Ogarrio Ogarrio Daguerre SC, Mexico City, Mexico; 

Officer at Large, Bar Issues Commission 

Ramon Mullerat Mullerat, Barcelona, Spain; Co-Chair, Corporate 

Social Responsibility 

The challenges of the 21st century are creating a different legal 

environment. While national Bars’ situations, organisation and rules 

may still be too diverse to make a global code of ethics feasible at 

this point in time, can at least the basic ethical principles, which 

should underlie the conduct of all lawyers worldwide, be agreed? 

This session will discuss: 

ethics in the 21st century – whither the traditional principles? 

the broad aspirational ethical rules applicable to all lawyers 

worldwide; 

is a global code of ethics possible today? 

core values and the public interest – a UK perspective; 

the experience of the CCBE in drawing up a cross-border code of 

ethics for Europe; 

update of the IBA’s International Code of Ethics; and 

work done by the BIC Policy Committee on the core values of the 

profession. 

The session will provide an opportunity for Bars to contrast their 

codes of ethics with the IBA’s International Code of Ethics. 

Speakers 

Helge Jakob Kolrud Haavind Vislie, Oslo, Norway; Officer, 

Professional Ethics Working Group 

Hans-Jurgen Hellwig Hengeler Mueller, Frankfurt am Main, Germany 

Ramón Mullerat 

Guy Mansfield QC The Bar Council of England and Wales, London, 

England 

Bernard Vatier CCBE, Paris, France 

Emilio Gonzalez de Castilla Gonzalez de Castilla Abogados, Mexico 

City, Mexico; Chair, Professional Ethics 



NEPAD: The role of lawyers in the African 

renaissance 

Joint session with the African Regional Forum. 




The lawyer’s role in society: perception of 

core values 


Joint session with Development of the Legal Profession. 


1400 – 1700 FRIDAY 


BIC Business Meeting 

Open to all Member Organisation Representatives and other BIC 

Members, this will be a forum for open discussion of issues 

affecting the legal community and regulatory bodies specifically. 

0800 – 1000 THURSDAY 


Update on WTO/GATS 

Following a brief introductory presentation outlining the basics of 

the GATS and its implications on the provisions of legal services, the 

WTO Working Group will present an overview of recent 

developments. 

1000 – 1200 THURSDAY 


Bar Cooperation Programme 

Launch of the Bar Cooperation Programme providing support to 

bars in developing countries as well as to developing bars. 

1200 – 1300 THURSDAY 


Corporate Social Responsibility 

Co-Chairs 


Jonathan Lux Ince & Co, London, England 




Joint session with the Corporate Counsel Forum, Human Rights 

Institute and United Nations and Other World Wide 

Organisations Committee (UNWOC). 



Jonathan Lux 

This session will deal with the United Nations Norms on the 

Responsibilities of Transnational Corporations and Other Business 

Enterprises with Regard to Human Rights, a significant corporate 

social responsibility initiative integrating provisions relating to 

human rights, labour rights, consumer protection, environmental 

protection and anti-bribery issues. By deriving its sources from a 

number of other international initiatives such as the ILO Tripartite 

Declaration of Principles, the UN Norms tie together and detail the 

rights afforded to individuals and entities connected with 

transnational corporations. The UN Sub-Commission for the 

Promotion and Protection of Human Rights provisionally adopted 

the guidelines in August 2003, although the final decision of the 

UNHCR still remains to be seen, the treatment of this important 

document having not been unanimously received.

This session will look at the debate surrounding the adoption of 

the Norms as binding, enforceable law and the arguments for and 

against them. 

Speakers 

Charles Lawton Rio Tinto, London, England; IBA Treasurer 

Thomas McInerney International Development Law Organisation, 

Rome, Italy 

1400 – 1700 THURSDAY 


Development of 

the Legal Profession 

Co-Chairs 

Lord Daniel Brennan QC London, England 

Willem Calkoen NautaDutilh, Rotterdam, the Netherlands 

The lawyer’s role in society: perception of 

core values 




1400 – 1700 FRIDAY 


Anti-Corruption Working Group 

Chair 

Monty Raphael Peters & Peters, London, England 

The politically exposed person as looter 

Session Chair 

Monty Raphael 

Tackling the problems associated with the tracing, freezing and 

repatriation of state funds either stolen from central banks or paid 

to finance grand corruption by prominent public officials. 

Part 1 

The speakers in this session will examine the problems associated 

with establishing and enforcing international norms of conduct for 

heads of state and other senior public officials, their families and 

associates; and the recognition of grand corruption as a predicate 

offence for money laundering, leading to the tracing and freezing 

of the proceeds of this delinquency. 

Speakers 

Homer Moyer Miller & Chevalier, Washington DC, USA 

Babajide Oladipo Ogundipe Sofunde Osakwe Ogundipe & Belgore, 


Paul Sugden Carey Olsen, St Helier, Jersey 

John Conyngham Control Risks Group Ltd, London, England 

The politically exposed person as looter 

Session Chair 

Monty Raphael 

1400 – 1700 MONDAY 

Club B, PCC 

Part 2 

The speakers in this session will concentrate on the problems 

associated with deterring the looting of central bank treasuries, the 

tracing of the proceeds of this conduct and the problems associated 

with formulating and enforcing a uniform international scheme to 

freeze looted money and to trace it into acquired assets. It will also 

examine the problems encountered in countries seeking to have 

these looted funds repatriated. It will examine, among other issues, 

the repatriation of money to countries whose compliance record 

and regulatory norms leave much to be desired and whether 

conditions can be applied to sovereign governments who present as 

victims of theft. 

Speakers 

Alan Perry Kendall Freeman, London, England 

Kimberly Prost Commonwealth Secretariat, London, England 

Paul Gully-Hart Schellenberg Wittmer, Geneva, Switzerland 

Babajide Oladipo Ogundipe 

0930 – 1230 TUESDAY 


Forum for Barristers 

and Advocates 

Co-Chairs 

Glenn Martin SC Australian Bar Association, Brisbane, Queensland, 

Australia 

Roy Martin QC Faculty of Advocates, Edinburgh, Scotland 


Joint session with the Judges’ Forum. See page 77 for details. 

1030 – 1700 MONDAY 



Joint session with the Academics’ Forum. See page 73 for details. 

0930 – 1230 THURSDAY 


Human Rights Institute 

Co-Chairs 

Ambassador Emilio Cárdenas Former Permanent Representative to 

the United Nations for Argentina; Former IBA President, Buenos 

Aires, Argentina 

Justice Richard Goldstone Former Justice of the Constitutional 

Court of South Africa, Morningside, South Africa 

Restructuring of the United Nations 


Organisations Committee (UNWOC). 

Session Chair 

Ambassador Emilio Cárdenas 

In March 2005, the United Nations Secretary-General issued a 

report, ‘In larger freedom: towards development, security and 

human rights for all’, in which he proposes far-reaching reform to 

reflect modern-day threats and challenges. In his report, the 

Secretary-General urges recognition of the interdependency of 

states and the need to adopt collective strategies in areas such as 

security, terrorism, and poverty. 

Among the wide-ranging recommendations, the Secretary- 

General proposes abolishing the Commission on Human Rights, 

restructuring the Security Council and establishing a Peacebuilding 

Commission. The contents of this report will be debated at a summit 

of world leaders taking place in New York in September 2005. 

75 



At this session, international legal experts will explore and analyse 

the scope of the proposed UN reforms and assess the impact it may 

have on world public order. 

Speakers 


Ambassador Hans Corell Former Head, UN Office of Legal Affairs, 

Stockholm, Sweden 

Justice Richard Goldstone 

Michael Reisman Myres S McDougal Professor of International Law, 

Yale School of Law, New Haven, Connecticut, USA 

1400 – 1700 MONDAY 


National reconciliation: history and law 

Joint session with Salzburg Seminar and Discrimination and 

Gender Equality 

Session Chair 


In many countries around the world, national identity is often 

influenced and shaped by a person’s reaction to historical injustices. 

These injustices can range from genocide, to crimes against 

humanity, to serious human rights abuses under dictatorships or 

during war. Since the Second World War, such crimes have been 

dealt with at the national and international level, and, since the 

1990s, increasingly through a proliferation of national and regional 

institutions, such as truth and reconciliation commissions, historical 

commissions, as well as ad hoc criminal tribunals, and the recently 

created International Criminal Court. 

In addition to bringing individuals to justice or recognising 

injustice, these processes are intended to promote reconciliation 

through the acknowledgment and recognition of the historical 

suffering. This session will provide an overview of recent 

developments globally with a specific exploration of case studies, 

including the legal and historical complexities related to the Czechs 

and the Sudeten Germans. 

Speakers 

Elazar Barkan Professor of History and Cultural Studies, Claremont 

Graduate University, Los Angeles, California, USA 


Zdeněk Kühn Charles University Law School, Prague, Czech 

Republic 

Dr Adel Manna Director, Israeli-Arab Studies, Van Leer Institute, 

Jerusalem, Israel 

Dr Oliver Rathkolb Co-Director, Ludwig Boltzman Institute, 

University of Vienna, Vienna, Austria 

0930 – 1230 TUESDAY 


International Criminal Court 

Session Chair 


This past century has seen some of the worst atrocities in the 

history of humanity. The International Criminal Court (ICC) based in 

The Hague is the first ever permanent, treaty based, international 

criminal court established to promote the rule of law and ensure 

that the gravest international crimes do not go unpunished. It has 

jurisdiction over individuals who commit the most atrocious 

violations of human rights and humanitarian law. 

In April this year, the UN Security Council made its first referral to 

the ICC, calling for an investigation into the situation in Darfur, 

Sudan. In 2004, investigations into Uganda and Democratic 

Republic of the Congo were opened and the situation in the 

Central African Republic has recently been assigned to the Pre-Trial 

Chamber. 

76 

The IBA is delighted to welcome Luis Moreno Ocampo, ICC Chief 

Prosecutor, as keynote speaker at this session to brief delegates on 

progress made at the ICC since he spoke at the IBA Conference in 

2003. Justice Richard Goldstone, first Prosecutor of the 

International Criminal Tribunals for the former Yugoslavia and 

Rwanda, and Hans Corell, former Head of the UN Office of Legal 

Affairs, will share their experience and expertise, providing a short 

history and discussing issues of importance such as complimentarity 

and state cooperation. 

Details of the IBA’s ICC monitoring programme – a major two 

year project funded by the MacArthur Foundation – will be also 

announced. 

Speakers 

Luis Moreno Ocampo Chief Prosecutor of the International Criminal 

Court, The Hague, the Netherlands 

Ambassador Hans Corell 


1400 – 1700 TUESDAY 



sex tourism 




Club B, PCC 

Victims and witnesses: serious violations of 

humanitarian law – representation and 

compensation 

Joint session with Human Rights Law. See page 58 for details 



The European Court of Human Rights for the 

business lawyer 



0930 – 1230 THURSDAY 

Forum Hall – Parter, PCC 






1400 – 1700 THURSDAY 

Severn & Thames, Corinthia Towers Hotel

Judges’ Forum 

Chair 

Lord Donald Macfadyen Court of Session, Edinburgh, Scotland 


Joint session with the Forum for Barristers and Advocates and 

Litigation. 


Lord Donald Macfadyen 

Glenn Martin SC Australian Bar Association, Brisbane, Queensland, 

Australia; Co-Chair, Forum for Barristers and Advocates 

Individuals conducting litigation in person often become unhealthily 

obsessed with their case, refusing to accept rulings, filing appeal 

after appeal, sometimes even resubmitting the case. Why is this, 

and what practicalities are involved in dealing with such 

individuals? 

The morning session will involve contributions from judges, 

practitioners and a psychiatrist identifying from their respective 

perspectives the nature of the problem, possible solutions and 

means by which the courts and practitioners can best cope with 

such litigants. 

The afternoon session will take the form of a workshop in which 

issues identified in the morning are developed. Those wishing 

active involvement in the workshop should request the background 

reading material from the speakers’ desk. That aside, the session is, 

of course, open to all who are interested. 

Speakers 

Dr Frank McManus Defence Consultant in Psychiatry, Donnington, 

England 

Lord Philips of Worth Matravers Master of the Rolls, London, 

England 

Robert Musgrove Chief Executive, Civil Justice Council, London, 

England 

District Judge Wynne Rees Cardiff Civil Trial Centre, Cardiff, Wales 

The Honourable Justice Ruth McColl Supreme Court of New South 

Wales, Sydney, New South Wales, Australia 

Michael McDowell Minister of Justice, Equality and Law Reform, 

Dublin, Ireland 

John Patrick Brown McCarthy Tétrault LLP, Toronto, Ontario, 

Canada 

Emilio Gonzalez de Castilla Gonzalez de Castilla Abogados SC, 

Mexico City, Mexico; Chair, Professional Ethics Committee 

Judge Benedikte Gersing Copenhagen City Court, Copenhagen, 

Denmark; Vice-Chair, Judges’ Forum 

1030 – 1700 MONDAY 


Gender and ethnicity in judges 

Joint session with Discrimination and Gender Equality. 






0930 – 1230 THURSDAY 



Chair 

Stephen Macliver Bell Gully, Auckland, New Zealand 

Managing, motivating and developing your 

partners 



Stephen Macliver 

Robert Vineberg Davies Ward Phillips & Vineberg, Montreal, 

Quebec, Canada; Vice-Chair, Law Firm Management 

In a way that is unprecedented, firms are now examining, reviewing 

and setting benchmarks for what it means to be a partner, the role 

of partners, their contribution and expectations as to performance. 

During the course of this day-long programme we will explore the 

‘hot’ issues. 

0930 – 1045 

Partnership structures and the role of partners 

This session will examine the role and contribution of partners in 

today’s modern law firm. 

Speakers 

Stephen Macliver 

Charles Coward Uría & Menéndez, Barcelona, Spain 

Dr Hendrik Haag Hengeler Mueller, Frankfurt am Main, Germany; 


Carlos Ruffinelli Moreno Ruffinelli & Asociados, Asunción, Paraguay 

1115 – 1230 

Personal and professional development of partners 

This session will discuss managing a partner’s performance, partner 

review, partner development, coaching partners and developing 

partners into firm leaders. 

Speakers 

Stephen Denyer Allen & Overy LLP, Frankfurt am Main, Germany; 

Officer, Law Firm Management Advisory Group 

João Vieira de Almeida Vieira de Almeida & Associados, Lisbon, 

Portugal 

Rolandas Valiunas Lideika Petrauskas Valiunas LAWIN, Vilnius, 

Lithuania; Co-Chair, European Forum 

Luis R Pellerano Pellerano & Herrera, Santo Domingo, Dominican 

Republic 

1400 – 1545 

Partner compensation 

This session will look at different profit-sharing schemes operated 

by firms and the criteria used to determine partner compensation. 

Speakers 

Peter Morawetz Vinge, Stockholm, Sweden 

Tomasz Wardyński Wardyński & Partners, Warsaw, Poland 

Prof Dr Peter Fissenewert Heuking Kühn Lüer Wojtek, Berlin, 

Germany 

Alfredo M O’Farrell Marval O’Farrell & Mairal, Buenos Aires, 

Argentina 

77 



1615 – 1700 

Handling partners in crisis and managing partners 

out of the firm 

This interactive session will discuss actual ‘scenarios’, focusing on 

how to identify and respond to partners in crisis. 

Speakers 

Robert Vineberg 

Ronnie Fox Fox Williams, London, England 

Lisa Walker Johnson Walker Clark, Miami, Florida, USA 

Jorge Nemr Leite Tosto e Barros, São Paulo, Brazil 

78 

0930 – 1700 TUESDAY 


Managing Partners’ breakfast 

If you are a Managing Partner or have some other leadership or 

management role in your firm, this breakfast is a ‘must’ for you. 

We invite you to join the Officers of the Law Firm Management 

Committee and like-minded lawyers over breakfast to exchange 

views and share experiences. 

Without losing the relaxed informality of the breakfast, for the 

first time we have an eminent keynote speaker who will give a 

short personal perspective on building a successful law firm, which 

will be followed by a facilitated discussion of current issues and any 

others of interest to you. 

Speaker 

Martin Šolc Kocián Šolc & Balaštik, Prague, Czech Republic; 

Vice-Chair, Public and Professional Interest Division 


Forum Foyer Level 2, PCC 

Why bigger is not always better – 

developing and marketing the smaller firm 


Norman Clark Walker Clark LLC, Miami, Florida, USA; Vice-Chair, 


Chris Van Olmen Van Olmen & Wynant, Brussels, Belgium; 

Secretary, Law Firm Management 

There is a growing divide everywhere between small law firms that 

are prospering and those that are struggling. What are the 

strategies of the firms that are succeeding? 

0930 – 1000 

Challenges in managing small law firms 

This session includes the results of a worldwide survey of managing 

partners of small firms conducted in July and August 2005. 

Speakers 

Norman Clark 

Chris Van Olmen 

1000 – 1045 

Maintaining the balance 

How do managing partners and their firms manage the dual 

responsibilities of management and a full-time law practice? 

Speakers 

Wulf Gordian Hauser Hauser Rechtsanwälte GmbH, Vienna, Austria 

R Anthony Jenkinson Nunes Scholefield DeLeon & C., Kingston, 

Jamaica 

1115 – 1230 

Competing for talent 

How can small law firms compete for and retain legal talent against 

larger, better known firms? 

Speakers 

Pedro Oller Oller Abogados, San José, Costa Rica 

Ricardo Pellerano Pellerano & Herrera, Santo Domingo, Dominican 

Republic 

1400 – 1545 

Marketing the small firm 

How can small firms create a strong market profile, a marketing 

culture and develop lasting, profitable client relationships? 

Speakers 

Nigel McBride Minter Ellison, Adelaide, South Australia, Australia 

Trish Carroll Galt Advisory, Artarmon, New South Wales, Australia 

Anne-Marie Hutchinson Dawson Cornwell, London, England; 

Chair, International Children’s Issues 

Gerald J Kirkpatrick Kirkpatrick & Davidson, Occoquon, Virginia, 

USA 

Carlos Ruffinelli Moreno Ruffinelli & Asociados, Asunción, Paraguay 

1615 – 1700 

Succession planning: a survival skill for small firms 

Most small law firms do not survive the retirement of their founding 

partners. How can small law firms pass management responsibilities 

and client relationships to the ‘next generation’? 

Speakers 

John Aguilar John Aguilar & Asociados, San José, Costa Rica 

Norman Clark 

Susan de Silva Alban Tay Mahtani & de Silva, Singapore 



Young lawyer associations’ summit – Part I 

Joint session with Young Lawyers. See page 81 for details. 

0930 – 1230 THURSDAY 


Succession and retirement issues for lawyers in 

private practice 

Joint session with the Senior Lawyers‘ Group. 


1400 – 1700 THURSDAY 


Legal Education and 

Professional Development 

Chair 

Richard Eitel Carter ALI-ABA, Philadelphia, Pennsylvania, USA 

Managing, motivating and developing your 

partners 

Joint session with Law Firm Management. 


0930 – 1700 TUESDAY 

North Hall, PCC

Community Law – the role of clinical legal 

education 

Joint session with the Academics’ Forum and Access to Justice. 


Geoff Monahan University of Technology, Sydney, New South 

Wales, Australia; Vice-Chair, Academics’ Forum 

David McQuoid-Mason University of KwaZulu-Natal, Durban, 

South Africa; Vice-Chair, Academics’ Forum 

There is an ever-growing need for legal services in our global society 

by less financially able sectors of our community. One important 

role of legal education is to inculcate in practitioners of tomorrow 

the importance of legal representation for all and the provision of 

pro bono services. 

Clinical legal education programmes within law schools offer the 

primary means of developing this awareness in emerging lawyers. 

This session proposes to consider the different styles of clinical 

legal education offered in a range of jurisdictions, with particular 

consideration of the contribution those programmes make to their 

community. The morning session will focus on the process within 

university education. 

The afternoon will broaden the topic to consider the pro bono 

work of lawyers and the part that practitioners can play in 

supporting programmes like clinical legal education to allow 

for greater provision of legal advice to those with need. 

Speakers 

Frank Astill University of Sydney, Sydney, New South Wales, 

Australia 

Jennifer Burn University of Technology, Sydney, New South Wales, 

Australia 

Philip Plowden Northumbria University, Newcastle, England 

Martin Bohmer Universidad de San Andrés, Buenos Aires, 

Argentina 

Kay Maxwell University of Wollongong, Wollongong, New South 


Neil Gold University of Windsor, Windsor, Ontario, Canada; 

Chair, Academics’ Forum 

Richard Eitel Carter 

David McQuoid-Mason 


Club C, PCC 



0930 – 1230 THURSDAY 


Professional Ethics 

Chair 

Emilio Gonzalez de Castilla Gonzalez de Castilla Abogados SC, 

Mexico City, Mexico 

Globalisation of a code of ethics 





Senior Lawyers’ Group 

Chair 

Michael Simmons Finers Stephens Innocent, London, England 



1230 – 1400 MONDAY 


Succession and retirement issues for lawyers 

in private practice 

Joint session with Law Firm Management. 

Session Chair 

Michael Simmons 

Issues of succession and retirement are of importance in all law 

firms. Senior lawyers are particularly concerned, as they will wish to 

see their law firms succeed after they have left them. This session 

will explore the various possibilities and best practices, particularly 

in relation to the timing of succession and retirement. If left to the 

last minute, there can be intractable problems – but there are 

solutions available even in those difficult situations. 

Some members of the audience will be invited to join the panel. 

Speakers 

Ward Bower Altman Weil Inc, Newton Square, Pennsylvania, USA; 

Chair, Multidisciplinary Practices Working Group 

Albrecht Schulz CMS Hasche Sigle, Stuttgart, Germany; 

Vice-Chair, Senior Lawyers 

Fernando Scornik Gerstein Fernando Scornik Gerstein, Madrid, 

Spain; Vice-Chair, Senior Lawyers 

Jay Foonberg Bailey & Partners, Beverly Hills, California, USA; 

Vice-Chair, Senior Lawyers 

1400 – 1700 THURSDAY 


United Nations and Other 

World Wide Organisations 

(UNWOC) 

Chair 

Tore Wiwen-Nilsson Mannheimer Swartling, Malmö, Sweden 

Restructuring of the United Nations 

Joint session with HRI. See page 75 for details. 

1400 – 1700 MONDAY 

Vltava & Vistula, Corinthia Towers Hotel Hotel 


Joint session with Government Procurement and Procurement. 

Introduction to Public Procurement Regimes 


Bennet Silverman Katz Wittenberg Levine & Silverman, New York, 

USA; Secretary, International Sales and Related Commercial 

Transactions 

Tore Wiwen-Nilsson 

This multifaceted programme will begin with a review of the 

UNCITRAL Model Law on Procurement of Goods and Construction’s 

best practices requirements in the public procurement process in 

jurisdictions adopting that law. It will continue with authoritative 

79 



speakers indicating how World Bank-required financing terms, EC 

Commission Directives, USA Federal Acquisition Regulations and 

Czech law impact upon the process of selection and terms of 

procurement contracts coming within the regulatory purview of 

those authorities. These somewhat variant regimes will be 

contrasted and there will be discussion on the degree of flexibility 

available. 

Speakers 

Françoise Bentchikou World Bank, Washington DC, USA 

Caroline Nicholas UNCITRAL, Vienna, Austria 

Marek Šlégl Ministry of Industry and Trade, Prague, Czech Republic 

Richard Webber Arent Fox, Washington DC, USA 

Speaker from the European Commission 

The new directions in public procurement: the road ahead 


Jaya Sharma 4N Consultants Inc, Madison, Wisconsin, USA ; 

Chair, Procurement 

Lisa Miller Arent Fox LLC, Washington DC, USA; Chair, Government 

Procurement 

This session will provide an update on Public Procurement Law 

focusing on emerging global trends. Topics for discussion will 

include: 

the World Bank’s proposed new guidelines on Country 

Procurement Systems; 

recent developments in the use of public-private partnership 

as a method of providing and developing needed infrastructure; 

EU procurement rules generally and their impact on new 

Member States; and 

review of emerging trends in procurement regulations and 

procedures in Latin America and China. 

Speakers 

Françoise Bentchikou 

Richard Drummond Export Credit Guarantee Department, London, 

England 

Jaime Gray Abogados Consultores SA, Lima, Peru 

Jan Sixta Investment and Business Agency, Prague, Czech Republic 

George Rosenberg Shadbolt & Co, Surrey, England 

80 

0930 – 1700 TUESDAY 

Meeting Room B, Holiday Inn Hotel 






1400 – 1700 THURSDAY 

Severn & Thames, Corinthia Towers Hotel Hotel 

Women’s Interest Group 

Co-Chairs 

Claire Miskin London, England 

Gabrielle H Williamson Heuking Kühn Lüer Wojtek, Brussels, 

Belgium and Düsseldorf, Germany 


The following guest speaker will be presenting at the lunch: 

Petra Buzková Minister of Education, Youth and Sport, Prague, 



1230 – 1400 MONDAY 

Restaurant Gloria, PCC 

Women lawyers in international regulatory and 

transactional counselling 


Claire Miskin 

Gabrielle H Williamson 

Many women lawyers are involved in cross-national counselling on 

regulatory matters and international business transactions. This 

session will address specific problems facing women lawyers, 

working in different countries, under different regulatory systems 

and in different cultures. 

Speakers 

Olufunke Adekoya AELEX Partners, Lagos, Nigeria; Council, Public 

and Professional Interest Division; Vice-Chair, Law Firm 

Management 

Hoda Barakat Al Tamimi & Company, Dubai, United Arab Emirates 

Vivien Chan Vivien Chan & Co, Hong Kong SAR; Vice-Chair, Asia 

Pacific Forum 

Kirsi Komi Nokia Corporation, Helsinki, Finland; Council, Legal 

Practice Division 

Nancy Turck International Energy Agency, Paris, France; Council, 

Section on Energy, Environment, Natural Resources and 

Infrastructure Law 

1430 – 1730 MONDAY 


Young Lawyers’ Committee 

Chair 

Alberto Pérez Cedillo Fernando Scornik Gerstein, London, England 

Young lawyers’ introductory meeting 


Alberto Pérez Cedillo 

Margaret Forbes Toronto, Ontario, Canada; Secretary, Young 

Lawyers’ Committee 

IBA Annual Conferences can be rather overwhelming – particularly 

for those who attend a Conference for the first time. To that end, 

the Young Lawyers‘ Committee is organising an introductory 

meeting for young lawyers, to which you are warmly invited. 

Officers of the Young Lawyers’ Committee will guide you 

through the Conference Programme, will share with you how to 

get the most out of the Conference and inform you of social events 

particularly targeted at young lawyers. Officers from various IBA 

Committees will be introducing their Committees to you. 

The meeting will also provide a platform for young IBA members 

to voice their needs and concerns as Officers of the Committee 

discuss and update their business plan. 

1030 – 1230 MONDAY 

Club A, PCC

Young lawyer associations’ summit – Part I 

Joint session with the International Association of Young Lawyers 

(AIJA) and Law Firm Management 



Nicole Van Ranst Marx Van Ranst Vermeersch & Partners, Brussels, 

Belgium; President, International Association of Young Lawyers 

(AIJA) 

Jointly with the International Association of Young Lawyers (AIJA), 

representatives from young lawyers’ associations from the six 

continents, together representing more than one million young 

lawyers, have been invited to come together to participate in a 

Grand Forum in order to talk about their principal concerns. 

0945 – 1100 

The tyranny of the billable hour 

Moderator 

Patrick Wilkins The European Lawyer, London, England 

One of the most important problems facing the legal profession is 

the pressure of billable hours and its effects on personal life and 

community activities. 

Panellists 

Deborah Prince Tesco Stores Ltd, Cheshunt, England 

Felix Ehrat Bär & Karrer, Zurich, Switzerland; Vice-Chair, Business 

Organisations 

Markus Bauer Jones Day, Frankfurt am Main, Germany 

Annuka Ojala Latham & Wilkins LLP, Brussels, Belgium 

1115 – 1230 

Professional development – what a Generation X lawyer 

expects? 

Moderator 

John Renz Mourant, Jersey, Channel Islands 

Born between 1965 and 1980, the young lawyer of today is 

comfortable with leading-edge technology, values diversity and 

versatility and likes to balance career and family life. The new 

associate is bolder than his or her peers and craves feedback and a 

route map to success. Money is not the only motivation; freedom 

and responsibility are also major considerations. 

How are law firms reacting to these new attitudes? Is the 

law firm culture adapting to the demands of these new lawyers, 

or are they sticking to the same old tried and tested formulas? 

Lack of communication and misunderstandings can lead to 

frustration and dissatisfaction. Are the expectations of today’s 

young lawyers realistic? Is it in the interests of law firms to meet 

those expectations? 

Panellists 

Pekka Jaatinen Castren & Snellman, Helsinki, Finland 

Chris Owen Manches, London, England 

Christ’l Dullaert Lawyers without Borders, Amsterdam, 


Joren De Wachter S1, Sint-Stevens-Woluwe, Belgium 

0930 – 1230 THURSDAY 


Young lawyer associations’ summit – Part II 

Joint session with the International Association of Young Lawyers 

(AIJA) 



Nicole Van Ranst 

1400 – 1515 

Pro-bono work: the benefits of altruism 

Moderator 

Lord Daniel Brennan QC Matrix Chambers, London, England; 


Panellists 

Joss Saunders Oxfam, London, England 

Hafilda Talhaoui Avocats Sans Frontières, Brussels, Belgium 

Robert Wyld Johnson Winter & Slattery, Sydney, New South Wales, 

Australia 

1530 – 1700 

Guidelines for setting up a national young lawyers’ 

association 

The afternoon session will focus on finding agreement on some 

guidelines for the setting-up of a young lawyers’ association in 

those countries where young lawyers have not hitherto 

been acknowledged as a particular constituency. 

1400 – 1700 THURSDAY 


A RECEPTION, sponsored by Lexis Nexis Martindale Hubbell, 

will be held for young lawyer conference delegates. 


1715 THURSDAY 


81 


Page 82 

OXFORD UNIVERSITY PRESS

General Information 

Conference Headquarters 

Prague Congress Centre (PCC) 5 Kvetna 65, 

140 21 Prague 4, Czech Republic. 

The working sessions will take place at the 

Prague Congress Centre (PCC), the Holiday 

Inn Hotel and the Corinthia Towers Hotel. 

Conference ticketed lunches will take place 

at the Corinthia Towers Hotel and the PCC. 

Internet Café – Cyber Connection 

Sponsored by Lexis-Nexis 

Cyber Connection is located in the 

Exhibition Area, 2nd Floor, PCC. Access to 

the internet is free for delegates. Limited 

to 30-minute sessions. 

Message Centre 

The Message Centre is located in the 

Exhibition Area, 2nd Floor, PCC. Messages 

can be left and collected here during the 

Conference hours between Sunday 25 and 

Friday 30 September. Message monitors 

are located throughout the PCC. 

Tel: +420 (2) 6117 7000 

Fax: +420 (2) 6117 7001 

Business Centre 

The Business Centre is located in the 

Exhibition Area, 2nd Floor, PCC. A variety 

of services, including telephone and fax 

services, photocopying, etc, is available. 

Wireless Internet Access 

Wireless internet access is available within 

the PCC. Cards, to enable you to use this 

service, can be purchased from the 

Business Centre and are available in 

the following time sessions: 

1-hour card – 179 CZK (€7); 

3-hour card – 238 CZK (€9); 

24-hour card – 595 CZK (€22). 

Delegate / Guest 

Conference Badges 

For security reasons, badges must be worn 

at all times during the Conference and at 

social functions. Proof of identity is 

required for replacement badges. 

Public Transport 

Prague has an excellent and almost 

24-hour integrated public transport system; 

all fee-paying delegates and registered 

guests will receive, upon check-in at the 

IBA Registration Desk, a Metro pass which 

allows unlimited travel on Prague’s bus, 

metro and tram networks during the 

Conference week. Please note that lost 

Metro passes cannot be replaced. 

The IBA advises delegates to be aware of 

their personal safety and possessions, as 

they would in any other major city. 

Taxis 

The IBA recommends the following 

accredited taxi companies: 

AAA taxi 

Tel: 14014 

(2) 2110 2211 

Profi taxi 

Tel: 800 118 294 

(2) 6131 4151 

City taxi 

Tel: (2) 5725 7257 

Business cards of the three taxi companies 

can be found in your delegate bag or, 

alternatively, bookings can be made at the 

Transportation Desk located in the main 

entrance of the PCC – tel: (2) 6117 7004. 

Transportation staff will be available on-site 

at the official Conference social events to 

coordinate taxi transfers. 

It is important that you establish the fare 

before embarking on your journey and for 

travel within Prague the taxi meter should 

be switched on tariff number 1. 

Transport to IBA and 

Committee social functions 

Unless otherwise indicated transport to IBA 

Conference and Committee social events is 

NOT provided. 

Transport is provided only on Monday 

26 September at 0730 from all official 

Conference Hotels (except the Corinthia 

Towers and Holiday Inn) to the PCC. 

Tours / Excursions 

Please visit our official tour operator 

GUARANT International in the Registration 

Area, 1st Floor, PCC to collect your 

excursion/tour tickets, book excursions and 

post Conference tours or to amend existing 

bookings. All Tours/Excursions will depart 

from here. For those who prefer to start 

and finish the Tours/Excursions in the city 

centre there will be a departure/arrival 

Key Contacts and Telephone Numbers 

point at the Intercontinental Hotel, 

departure time from here will be 

approximately 15 minutes later than 

advertised. 

Tel: (2) 6117 7005 

Medical Facilities 

In the event of medical assistance being 

required during Conference hours please 

contact IBA staff on the Registration Desk, 

1st Floor, PCC. 

Health and Insurance 

The International Bar Association cannot be 

held responsible for any medical costs 

incurred by participants. 

Banks / Shopping 

Banks in Prague are generally open 

Monday to Friday from 0830-1800 and 

closed at weekends and public holidays. 

There is a bank located on the ground 

floor of the PCC. An ATM is available. 

The general opening hours for shops are 

Monday to Friday from 0900-1800 and 

Saturday from 0900-1300. 

Wednesday 28 September is a public 

holiday in Prague, therefore banks and 

shops will not be open. 

VAT 

Prices for goods in Prague include the 

Government’s 19 per cent value added tax. 

Photographer 

There will be an opportunity to buy 

photographs from the official Conference 

Photographer. The Photographer’s stand 

will be located in the Exhibition Area, 

2nd Floor, PCC. 

Message Centre Tel: +420 (2) 6117 7000 

Fax: +420 (2) 6117 7001 

Local Hospital Tel: +420 (2) 2481 0502 

Dental Emergencies 

Police Department – Old Town 

Tel: +420 (2) 2494 6981 

Bartolomějská 14, Prague 1 

Emergency 

Tel: +420 9748 21 111 

Police Tel: 158 

Medical Tel: 155 

Fire 

Airport Information 

Tel: 150 

Arrivals and Departures Tel: +420 (2) 3900 7575 

General Airport Information Tel: +420 (2) 3900 7007 

83 

General Information

Page 84 

THOMSON SWEET & MAXWELL

Venue Layout 

Prague Congress Centre 

Metro station: 

Vysehrad 

1st Floor 

Coffee break area 

Toilets 

Wheelchair access 

Staircase 

Escalator 

Ground Floor 

2nd Floor 

Centre 

85 

Venue Layout Prague Congress Centre

Page 86 

THE EUROPEAN LAWYER

3rd Floor 

Coffee break area 

Toilets 

Wheelchair access 

Staircase 

Escalator 

Other Venues 

4th Floor 


Working sessions will take place on Level 3 

Conference ticketed lunches will take place on Levels 3 and 24 


Working sessions will take place on the 1st Floor 

87 

Venue Layout Prague Congress Centre

Page 88 

ASIA LAW AND PRACTICE


Conference Events 

* Indicates functions open to 

delegates and registered guests for 

which there is no charge. Admission 

is by Conference badge. 

Tickets, where relevant, must be 

purchased for children over 13. Some 

social functions may not be suitable for 

young children and, if this is the case 

the IBA reserves the right not to admit 

them. 

The Conference dress code is: casual 

for working sessions and smart casual 

for social events with the exception of 

the Gala Dinner at Prague Castle, which 

is black tie or national dress. 

Unless otherwise indicated, transport to 

IBA Conference events is NOT provided. 

Sunday 

1900 – 2230 

Welcome Party 

The Municipal House, venue for the 

Conference’s opening gathering, is a 

national heritage building and one of 

the most important buildings in Prague. 

It stands in the very centre of the city on 

the site of the old Royal Court, and was 

conceived as a monumental ceremonial 

palace intended to be the centre of Czech 

cultural and social life. Leading Czech 

painters and sculptors shared in the 

decoration of the beautiful halls and salons, 

all of which will be open for the party. 

Wander around at your leisure sampling 

Czech food, wine and beer and listening to 

the musicians and other artists who will be 

there to entertain you. 

Monday 

0800 – 1000 

*Opening Ceremony 

Congress Hall, PCC 

Breakfast for all delegates and registered 

guests will be served from 0800 prior to the 

Opening Ceremony commencing at 0900. 

Transport is provided only on Monday 

26 September at 0730 from all official 

Conference hotels (except the Corinthia 

Towers Hotel and Holiday Inn Hotel) to 

the PCC. 

1230 – 1400 

European Forum lunch 


Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) 

1230 – 1400 

Senior Lawyers’ lunch 



1230 – 1400 

Women Lawyers’ lunch 



1900 

*Reception in the grounds of 

Prague Castle 

Hosted by the Czech Bar Association and 

Brož & Sokol & Novák 

Čermák Hořejš Myslil & Partners 

Felix & Partners 

Gleiss Lutz 

Hartmann Jelínek Vališ Vych & Partners 

Havel & Holásek 

Holec Zuska & Partners 

Kocián Šolc Balaštík 

Rödl & Partner 

Salans 

Dr Lenka Vidovičová 

Vovsík Rösch Kocina & Partners 

Tuesday 

1230 – 1400 

African Regional Forum lunch 



1230 – 1400 

Corporate Counsel Forum lunch 



Supported by Lex Mundi and its member firm 

for Germany, Nörr Stiefenhofer Lutz 

1230 – 1400 

Latin American and Caribbean Forum 

lunch 



1715 

*Newcomers’ Reception 

Exhibition Area, Level 2, PCC 

Wednesday 

1230 – 1400 

Asia Pacific Forum lunch 


Speaker 

Francis Jardeleza San Miguel, Manila, 

Philippines 


1230 – 1400 

Public and Professional Interest 

Division lunch 



Thursday 

0930 (tee-off time) 

IBA golf tournament 

Darovansky Dvur Golf Course 

Transport will depart from the PCC at 0800. 

1230 – 1400 

Legal Practice Division lunch 


Speaker 

Ben W Heineman Jr Senior Vice-President, 

Law and Public Affairs, General Electric 

Company, Fairfield, Connecticut, USA 


1600 (kick-off) 

IBA football match 

Venue: Treninkove centrum AC Sparta 

Praha 

Transport will depart from the PCC at 1500. 

1715 

*Young Lawyers’ Reception 


Sponsored by LexisNexis Martindale-Hubbell 

Friday 

1930 

Prague Castle Gala Dinner 

For over 1,000 years, Prague Castle, with 

its fairytale architecture, has assumed a 

unique role in Europe and since the 9th 

century it has been both a secular and an 

ecclesiastical location. Formerly the seat of 

the emperors of the Holy Roman Empire, it 

now houses the offices of the President of 

the Czech Republic. 

Permission has been given to the IBA to 

hold the Gala Dinner in State Rooms not 

usually open to the public: the Spanish 

Hall, the former principal hall of the court 

for balls and coronation festivities, and 

Rudolf’s Gallery, which represents the 

summit of interior design during the reign 

of Rudolf II in the 16th century. 

A table plan will be drawn up for this 

event. To secure your table number, 

please bring your invitation, and the 

invitations of the delegates/guests you 

wish to sit with, to the Registration 

Desk from lunchtime on Wednesday 

28 September. 

Price: £148 

(£124.37 + £23.63 Czech VAT @ 19%) 

Dress code: black tie or national dress. 

89 

Social Programme Conference Events

90 

Page 90 

CHAMBERS


Committee Events 

Unless otherwise indicated, transport to 

Committee Events is NOT provided. 

Monday 

1230 

Cultural Issues Programme lunch for 

guests 

Pod Kridlem 

Price: £15.99 (£13.44 + £2.55 Cz VAT @ 19%) 

1800 – 1945 

Dispute Resolution Section 

concert and reception 

Church of St Simon and St Juda 

Price: £14.99 (£12.60 + £2.30 Cz VAT @ 19%) 

Sponsored by Debevoise & Plimpton LLP, 

Hughes Hubbard & Reed LLP, Lalive, Nishimura 

& Partners, Von Wobeser Y Sierra SC, Clifford 

Chance, Coudert, Astigarraga Davis and Haver 

& Mailaender 

2000 

Section on Energy, Environment, 

Natural Resources and Infrastructure 

Law dinner 

Zofin 

Price: £42 (£35.29 + 6.71 Cz VAT @19%) 

2030 

Committees on Business Organisations 

and Closely Held and Growing 

Business Enterprises joint dinner 

Mlynec 

Price: £60 (£50.42 + £9.58 Cz VAT @ 19%) 

Tuesday 

1930 

Intellectual Property and 

Entertainment Law Committee dinner 

Palffy Palace 

Price: £60 (£50.42 + £9.58 Cz VAT @ 19%) 

1945 

Committees on Taxes and Individual 

Tax and Estate Planning, Wills, Trust 

and Succession joint dinner 

Bellevue 

Price: £81 (£68.07 + £12.93 Cz VAT @ 19%) 

1945 

Committees on Communications Law 

and Outer Space Law joint dinner 

Belcredi 

Price: £56 (£47.06 + £8.94 Cz VAT @ 19%) 

2000 

Aviation Law Committee dinner 

V Zatisi 

Price: £62 (£52.10 + £9.90 Cz VAT 19%) 

2000 

Investment Companies and Mutual 

Funds Committee dinner 

French Restaurant 

Price: £80 (£67.23 + £12.77 Cz VAT @ 19%) 

Wednesday 

1130 

Committees on Maritime and Transport 

Law and Insurance Law lunch 

excursion 

Vltava Boat & French Restaurant 

Price: £86 (£72.27 + £13.73 Cz VAT @ 19%) 

1230 

Antitrust Committee lunch 

Zofin 

Price: £49 (£41.18 + £7.82 Cz VAT @ 19%) 

1900 

Art, Cultural Institutions and Heritage 

Law Committee and European Forum 

tour and dinner 

Dorotheum Tour & U Fleku 

Price: £32 (£26.89 + £5.11 Cz VAT @ 19%) 

1945 

International Franchising Committee 

dinner 

Lvi Dvur 

Price: £35 (£29.41 + £5.59 Cz VAT @ 19%) 

2000 

Arbitration Committee dinner 


Price: £60 (£50.42 + £9.58 Cz VAT @ 19%) 

Sponsored by Kluwer Law 

2000 

Insolvency, Restructuring and 

Creditors’ Rights Section dinner 

Mlynec 

Price: £72.98 (£61.33 + £11.65 Cz VAT @ 19%) 

2000 

International Construction Projects 


La Scene 

Price: £77 (£64.71 + £12.29 Cz VAT @ 19%) 

2000 

**Securities Law Committee dinner 

Zahrada v opere 

Price: £50 (£42.02 + £7.98 Cz VAT @ 19%) 

Thursday 

1200 

Litigation Committee lunch and 

excursion 

The Europe 

Price: £45.99 (£38.65 + £7.34 Cz VAT @ 19%) 

1230 

Banking Law Committee lunch 


Price: £39 (£32.77 + £6.23 Cz VAT @ 19%) 

1930 

Employment and Industrial Relations 


Kampa Park 

Price: £80 (£67.23 + £12.77 Cz VAT @ 19%) 

1930 

Insurance Law Committee dinner 

Palffy Palace Restaurant 

Price: £68 (£57.14 + £10.86 Cz VAT @ 19%) 

1930 

Maritime and Transport Law 


Hergetova cihelna 

Price: £62 (£52.10 + £9.90 Cz VAT @ 19%) 

1930 

Technology and e-Commerce Law 



Price: £67 (£56.30 + £10.70 Cz VAT @ 19%) 

2000 

Immigration and Nationality Law 


V Zatisi 

Price: £72 (£60.50 + £11.50 Cz VAT @ 19%) 

2000 

Committees on International Sales and 

Related Commercial Transactions and 

Product Law and Advertising joint 

dinner 

Mlynec 

Price:£73.98 (£62.17 + £11.81 Cz VAT @ 19%) 

2000 

Committees on Travel, Tourism and 

Hospitality Law and Sports and 

Gaming Law joint dinner 


Price: £71 (£59.66 + £11.34 Cz VAT @ 19%) 

Friday 

0900 

**International Construction Projects 

Committee excursion 

The Drevcice 

Price: £85 (£71.43 + £13.57 Cz VAT @ 19%) 

** Return transport to venue is provided, 

see tickets for further details. 

Musical concerts in Prague 

Prague is a music-orientated city 

and classical concerts are regularly 

held in churches as well as in 

Prague’s numerous concert halls. 

The Conference week coincides 

with the renowned International 

Music Festival (12 September – 

1 October) which attracts orchestras 

and soloists from all over the world. 

For further information please visit the 

festival website www.pragueautumn.cz 

91 

Social Programme Committee Events

92 

Page 92 

LEGAL MEDIA GROUP

Hotels 

Boscolo Hotel Prague***** 

Senovazne Namesti 13, Prague 1 

Tel: 2459 3111 Fax: 2459 3000 

Corinthia Towers***** 

Kongresova 1, Prague 4 

Tel: 6119 1111 Fax: 6122 5011 

Four Seasons Hotel***** 

Veleslavinova 2, Prague 1 

Tel: 2142 7000 Fax: 2142 6666 

Hotel Hilton***** 

Pobrezni 1, Prague 8 

Tel: 2484 1111 Fax: 2484 2378 

Intercontinental Hotel***** 

Namesti Curieovych 43, Prague 1 

Tel: 2488 1111 Fax: 2481 1216 

Marriott Prague***** 

V Celnici 8, Prague 1 

Tel: 2288 8888 Fax: 2288 8889 

Hotel Palace Praha***** 

Panska 12, Prague 1 

Tel: 2409 3111 Fax: 2409 3240 

If calling from abroad, the following numbers must be prefixed by +420 2 

If calling from the Czech Republic or Prague, the following numbers must be prefixed by +2 

Accommodation desk located on 1st Floor of the PCC. Tel: 6117 7002. Fax: 6117 7003 

President Hotel***** 

Nam. Curieovych 100, Prague 1 

Tel: 3461 4111 Fax: 3461 4110 

Radisson SAS Alcron***** 

Stepanska 40, Prague 1 

Tel: 2282 0000 Fax: 2282 0120 

Renaissance Prague Hotel***** 

V Celnici 7, Prague 1 

Tel: 2182 2100 Fax: 2182 2200 

Hotel Savoy***** 

Keplerova 6, Prague 6 

Tel: 2430 2430 Fax: 2430 2128 

Andel’s Hotel Prague**** 

Stroupeznickeho 21, Prague 5 

Tel: 9688 9688 Fax: 9688 9999 

Corinthia Panorama**** 

Milevska 7, Prague 4 

Tel: 6116 1111 Fax: 6116 4141 

Crowne Plaza Prague**** 

Koulova 15, Prague 6 

Tel: 9653 7111 Fax: 9653 7535 

Hotel Diplomat**** 

Evropska 15, Prague 6 

Tel: 9655 9111 Fax: 9655 9215 

Hotel Holiday Inn**** 

Na Pankraci 15, Prague 4 

Tel: 9689 5001 Fax: 9689 5010 

Novotel Prague City**** 

Katerinska 38, Prague 2 

Tel: 2110 4999 Fax: 2110 4888 

Globus*** 

Gregorova 2115, Prague 4 

Tel: 7292 7700 Fax: 7293 7269 

Ibis City Prague*** 

Katerinska 36, Prague 2 

Tel: 2286 5777 Fax: 2286 5666 

Ibis Karlin*** 

Saldova 54, Prague 8 

Tel: 2481 1718 Fax: 2481 2681 

Hotel Oya*** 

Na Pankraci 1337/109, Prague 4 

Tel: 4140 5605 Fax: 4140 3982 

93 

Hotels

94 

Page 94 

LLP

Embassies and Consulates 

American Embassy 

Trziste 15, Prague 1 

Tel: (2) 5753 0663 

Argentinean Embassy 

Panska 6, Prague 1 

Tel: (2) 2421 2448 

Australian Consulate 

Klimentska 10, Prague 1 

Tel: (2) 9657 8350 

Austrian Embassy 

Viktora Huga 10, Prague 5 

Tel: (2) 5709 0511 

Belgian Embassy 

Valdstejnska 6, Prague 1 

Tel: (2) 5753 3283 

Brazilian Embassy 

Susick 12, Prague 6 

Tel: (2) 2432 4965 

British Embassy 

Thunovska 14, Prague 1 

Tel: (2) 5740 2111 

Canadian Embassy 

Muchova 6, Prague 6 

Tel: (2) 7210 1800 

Embassy of Chile 

U Vorliku 4/623, Prague 6 

Tel: (2) 2431 5064 

Embassy of the People’s Republic of 

China 

Pelleova 18, Prague 6 

Tel: (2) 2431 1323 

Croatian Embassy 

V Pruhledu 9, Prague 6 

Tel: (2) 3334 0479 

Embassy of Cuba 

Sibirske nam.1 Prague 6 

Tel: (2) 2431 1253 

Cypriot Embassy 

Sibirske nam. 6, Prague 6 

Tel: (2) 2431 6833 

Danish Embassy 

Maltezske nam. 5, Prague 1 

Tel: (2) 5753 1600 

Dutch Embassy 

Gotthardska 6/27, Prague 6 

Tel: (2) 2431 2190 

Egyptian Embassy 

Pellova 14, Prague 6 

Tel: (2) 2431 1507 

Embassy of the Republic of Estonia 

Na Kampe 1, Prague 1 

Tel: (2) 5701 1180 

Embassy of the Republic of Finland 

Hellichova 1, Prague 1 

Tel: (2) 5117 7251 

French Embassy 

Velkoprevorske nam. 2, Prague 1 

Tel: (2) 5117 1711 

German Embassy 

Velkoprevorske nam. 2, Prague 1 

Tel: (2) 5117 1711 

Ghanaian Embassy 

V Tisine 4, Prague 6 

Tel: (2) 3337 7236 

Hungarian Embassy 

Ceskomalinska 20, Prague 6 

Tel: (2) 3332 4454 

Embassy of the Republic of Korea 

(South Korea) 

Slavickova 5, Prague 6 

Tel: (2) 3409 0411 

Embassy of India 


Tel: (2) 5753 3490 

Embassy of Ireland 

Na Zatorce 10, Prague 6 

Tel: (2) 5753 0061 

Embassy of Israel 

Badeniho 2, Prague 7 

Tel: (2) 3309 7500 

Italian Embassy 

Nerudova 20, Prague 1 

Tel: (2) 3308 0111 

Embassy of Japan 

Maltezske namesti 6, Prague 1 

Tel: (2) 5753 3546 

Embassy of Latvia 

Pod klikovskov 1916/2, Prague 5 

Tel: (2) 721 0122 

Embassy of Libya 

Na Baste sv. Jiri 7, Prague 6 

Tel: (2) 3332 4160 

Embassy of Lithuania 

Hradesinska 3, Prague 10 

Tel: (2) 5570 0881 

Embassy of Luxembourg 

Trziste 13, Prague 1 

Tel: (2) 5718 1800 

Embassy of Malaysia 

Washingtonova 25, Prague 1 

Tel: (2) 3470 6611 

Consulate of Malta 

Lazenska 4, Prague 1 

Tel: (2) 5753 1874 

Embassy of Mexico 

Nad Kazankou 8, Prague 7 

Tel: (2) 8306 1530 

Moroccan Embassy 

Ke staremu Bubenci 4, Prague 6 

Tel: (2) 3332 0267 

New Zealand Consulate 

Dykova 19, Prague 10 

Tel: (2) 2251 4672 

Nigerian Embassy 

Pred Bateriemi 18, Prague 6 

Tel: (2) 2431 2065 

Embassy of the Kingdom of Norway 

Hellichova 1/458, Prague 1 

Tel: (2) 5732 3737 

Embassy of Peru 

Muchova 9, Prague 6 

Tel: (2) 2431 6210 

Embassy of the Philippines 

Senovazne namesti 8, Prague 1 

Tel: (2) 2421 6397 

Embassy of the Republic of Poland 


Tel: (2) 5753 0388 

Portuguese Embassy 

Nam. Kinskych 7, Prague 5 

Tel: (2) 5731 1230 

Embassy of the Russian Federation 

Pod kastany l, Prague 6 

Tel: (2) 3337 4100 

Embassy of Saudi Arabia 

Na Hrebenkach 70, Prague 5 

Tel: (2) 5731 6597 

Consulate General of Singapore 

Na Prikope 23, Prague 1 

Tel: (2) 21967208 

Embassy of the Republic of Slovenia 

Pod Hradbami 15, Prague 6 

Tel: (2) 2431 1441 

Embassy of the Republic of South Africa 

Ruska 65, Prague 10 

Tel: (2) 6731 1114 

Embassy of Spain 

Pevnostni 9, Prague 6 

Tel: (2) 2431 1222 

Embassy of Sweden 

Uvoz 13, Prague 1 

Tel: (2) 2031 3200 

Embassy of Switzerland 

Pevnostni 7, Prague 6 

Tel: (2) 2040 0611 

Embassy of Thailand 

Romaina Rollanda 3, Prague 6 

Tel: (2) 2238 1140 

Tunisian Embassy 

Nad kostelem 8, Prague 4 

Tel: (2) 4446 0652 

Embassy of Venezuela 

Snemovni 9, Prague 1 

Tel: (2) 5753 4253 

Embassy of Vietnam 

Plzenska 214, Prague 5 

Tel: (2) 5721 1540 

95 

Embassies and Consulates

Exhibition 

● Compare the latest international 

legal products and find out how 

technology can help your practice. 

● Meet the world’s leading 

publishers and software providers 

face-to-face. 

Our sponsors will be taking up over 

40 stands on the second floor of the 

Prague Congress Centre, where you 

will also find the Cyber Connection 

and Message Centre. 

Exhibition hours 

Monday: 0800-1800 

Tuesday-Thursday: 0900-1800 

Friday: 0900-1430 

96 

Conference Gold Sponsor 

American Lawyer Media 

www.americanlawyer.com 

ALM is the world’s leading 

communications company focused 

on the practice and business of law. 

It is home to the premier media 

brands within the US$200 billion 

US legal market – including The 

American Lawyer, Corporate Counsel, 

The National Law Journal, LegalTech 

and Law.com. 


Chambers 

www.chambersandpartners.com 

The Chambers Guides cover all the 

major jurisdictions throughout the 

world. In each country, the leading 

international law firms and leading 

individuals are ranked in the principal 

areas of law. It is the weight of clientinterviews 

that gives our guides their 

highly valued reliability. No one can 

offer a more accurate and reliable 

assessment of law firms or individual 

lawyers. 


The European Lawyer 

www.europeanlawyer.co.uk 

The European Lawyer is the pan- 

European publishing company that 

debates issues affecting policy, 

regulation and the practice of law 

across the European Union. With 

participation by regulatory, policy, and 

legal experts, with journalists based in 

London, Brussels and Frankfurt, we 

provide the opinion of those actively 

engaged in the development of laws 

and their practical impact. 


International Law Office 

www.internationallawoffice.com 

The International Law Office delivers 

global analysis to lawyers worldwide 

via a subscription-only e-mail service. It 

provides legal developments from 100 

jurisdictions (produced in collaboration 

with over 500 of the world’s leading 

experts), a comprehensive directory of 

firms and partners, a database of the 

world’s major deals and the legal 

advisers involved, and a global news 

roundup. The International Law Office 

is proud to be the IBA’s official online 

media partner. 


Kluwer 

www.aspenpublishers.com 

KLI is a leading English language 

international law publisher. In addition 

to comprehensive coverage of 

national, international, and regional 

law, Kluwer Law International also 

publishes essential works in a wide 

range of other legal and financial 

disciplines – from arbitration, to tax 

and intellectual property. 


Legalease 

www.legal500.com 

Legalease is the leading provider of 

market information for commercial 

law firms and clients. The Legal 500 

Series and Legal Business provide 

thorough, impartial research and 

analysis. Internationally, The Legal 

500 series is relied on as a first point 

of reference on legal services – 

www.legal500.com has over 

450,000 users a month. 


Legal Media Group 

www.legalmediagroup.com 

With offices in New York, London and 

Hong Kong, Euromoney Legal Media 

Group is the leading international 

publisher for corporate counsel. For a 

free trial to our magazines, log on to 

www.legalmediagroup.com 


Legal Week Global Media 

www.legalweek.com 

Legal Week Global Media is the 

premier publisher of news and analysis 

for lawyers in the UK and throughout 

the world. Together with our events 

and internet sites, we provide the 

complete resource for the legal 

profession and a committed 

readership of outstanding quality in 

terms of corporate decision-making 

power and influence. 

Also exhibiting 

Complinet 

Hammicks Legal Bookshops 

The Law Society of England 

and Wales 

Oceana Publications, Inc. 

Tottel Publishing 

Wildy & Sons


LexisNexis Group 

www.lexisnexis.com 

LexisNexis Group is a leading provider 

of comprehensive and authoritative 

legal, business, government and tax 

information. LexisNexis ® unites 

proprietary brands, advanced Web 

technologies and premium information 

sources for customers in the legal, 

corporate, government and academic 

markets in 100 countries on six 

continents. 

In addition to its flagship Webbased 

Lexis ® and Nexis ® research 

services, the company includes some 

of the world’s most respected legal 

publishers such as Martindale-Hubbell, 

Matthew Bender, Butterworths, 

JurisClasseur, Abeledo-Perrot and Orac. 

LexisNexis teams with customers to 

deliver information solutions that drive 

productive, efficient decision-making. 

LexisNexis delivers the most 

authoritative sources in the world, 

tailored to a user’s workflow and 

addresses job-specific and enterprisewide 

information needs. 

Information is delivered in whatever 

medium customers want, including 

easy-to-use Web-based products, dialup 

online, print and CD formats, all 

supported with first-class customer 

service. 

Abeledo-Perrot Butterworths 

JurisClasseur Martindale-Hubbell 

Matthew Bender Quicklaw 

ARD Orac Malayan Law Journal 


Practical Law Company 

www.practicallaw.com/crossborder 

All the PLCCross-border (formerly 

Global Counsel) stable of publications 

are available online at 

www.practicallaw.com/crossborder. 

They include PLCCross-border 

Quarterly, PLCWhich lawyer? and the 

PLCCross-border Handbooks. Further 

materials online include practice 

notes, drafting notes and standard 

documents for international joint 

ventures, acquisitions, sales and 

marketing, e-commerce and legal risk. 


Sweet & Maxwell 

www.sweetandmaxwell.thomson.com 

Sweet & Maxwell, the leading provider 

of legal information in the UK and 

Ireland, will be exhibiting alongside 

our sister Thomson Legal and 

Regulatory companies, including 

West, Carswell and TLR Australia. 

Our publishers’ range of products 

and services support the most 

demanding legal information needs. 

Driven by innovation and technology, 

our companies publish a wide range 

of legal print and CD-ROM products, 

including practitioner guides, treatises, 

legal forms and primary law books. 


Who’s Who Legal 

www.whoswholegal.com 

The International Who’s Who of 

Business Lawyers identifies the leading 

lawyers in 24 distinct areas of the 

international legal marketplace. 

Nominees are selected based upon 

comprehensive, independent survey 

work with both general counsel and 

private practice lawyers worldwide – 

it is not possible to buy entry into the 

publications. 

Conference Silver Sponsor 

Asia Law & Practice 

www.alphk.com 

Asia Law & Practice is the 

leading Asia-focused legal 

publisher. Its titles include 

Asia Law and China Law 

& Practice as well as an 

extensive range of books 

and directories covering the key legal 

issues affecting business and finance 

in Asia. Visit us at www.alphk.com. 


Informa Law 

www.informalaw.com 

Informa Law provides high-quality, 

must-have information to legal 

professionals working in the areas of 

maritime, insurance, intellectual 

property and commercial law. 


Interwoven 

www.interwoven.com 

Interwoven WorkSite provides the 

electronic equivalent of the 

expandable file folder. As a 

comprehensive legal solution, 

WorkSite encompasses unified 

Records Management, E-Mail 

Management, and Document 

Management. 


Navigant Consulting 

www.navigantconsulting.co.uk 

Navigant Consulting is a specialised 

consulting firm providing dispute, 

financial, regulatory and operational 

advisory services primarily to 

companies in regulated industries, 

government agencies and legal 

counsel. 


Oxford University Press 

www.oup.co.uk 

Oxford University Press is fast 

emerging as a leading publisher of 

specialist texts for the legal 

practitioner and a first-choice for 

authors and readers alike. 


Wildy & Sons 

wildy.com 

Wildy & Sons Ltd, 

Law Booksellers 

since 1830. With 

two branches in 

London and a 

warehouse, we 

hold the largest 

stock of new and 

secondhand legal 

books in the UK. 

Visit us on Booth 26. 

97 

Exhibition

Page 98 

WILDY & SONS

Exhibition Plan 

2nd Floor, PCC 

P 

Message 

Centre 

42 The European Lawyer 

43 The European Lawyer 

44 Legalease 

45 Euromoney 

46 Euromoney 

47 International Centre 

for Dispute Resolution 

33 Oxford University Press 

34 Oxford University Press 

24 PLC Cross Border 

25 PLC Cross Border 

16 LexisNexis 

17 LexisNexis 

10 Chambers and Partners 

11 Chambers and Partners 

35 American Lawyer Media 

36 

26 Wildy & Sons 

27 Hammicks Legal Booksellers 

18 LexisNexis 

19 LexisNexis 

20 LexisNexis 

21 LexisNexis 

22 LexisNexis 

23 LexisNexis 

12 Global Competition Review 

13 Getting the Deal Through 

1 Kluwer Law International 

2 Kluwer Law International 

3 Informa 

4 Oceana Publications, Inc 

5 Association Internationale des Jeunes Avocats 

37 Legal Week Global Media 

38 International Law Office 

28 Interwoven 

29 The Law Society of England and Wales 

14 Latin Lawyer 

15 Who’s Who Legal 

6 Asia Law and Practice 

7 Sweet & Maxwell 

39 International Law Office 

40 IBA 

Conference Photographer 

P 

41 IBA 

30 Complinet 

31 Navigant Consulting 

32 Tottel Publishing 



99 

Exhibition Plan

INTERNATIONAL BAR ASSOCIATION 

Conferences 2005/6 

21-22 October 2005 Fiesole, Italy 

9th Annual Competition 

Conference 


1 November 2005 Beijing, China 

3 November 2005 Shanghai, China 


Seminars 

Law Firm Management Committee 

10-11 November 2005 London, England 

Global Immigration Conference 

Immigration and Nationality Law Committee 

24-25 November 2005 

Hong Kong, China 

Mergers and Acquisitions 

Conference 

Business Organisations Committee 

31 October - 1 November 2005 

Buenos Aires, Argentina 

Energy in Latin America – 

New Trends 

Section on Energy, Environment, Natural 

Resources and Infrastructure Law 

24-25 November 2005 Sao Paulo, Brazil 

Aviation Conference – 

Perspectives of the 

Latin American Market 

Aviation Law Committee 

November 2005 Frankfurt, Germany 

Joint CMF / European Central 

Bank Conference 


1-2 December 2005 New York, USA 

1st Annual NYU/IBA 

International Tax Institute 

Conference 

Taxes Committee 

6-7 December 2005 Dubai 

Energy Law in the Middle East 

Arab Regional Forum and the Section on 

Energy, Environment, 

Natural Resources and Infrastructure Law 

29-31 January 2006 Lagos, Nigeria 

African Regional Conference 

African Regional Forum 

17 February 2006 Singapore 

9th World Arbitration Day 

Arbitration Committee 

20 February 2006 Shanghai, China 

International Arbitration and 

China: Recent Developments 

and Current Issues 

Arbitration Committee 

26-28 February 2006 London, England 

7th Annual Private Investment 

Funds Conference 

Investment Companies and Mutual Funds 

Committee 

March 2006 India 

Competition Law and Policy in 

a Global Context 

Global Forum 

6-7 March 2006 Dubai 

A Mid Year Conference – 

Maritime Law 

Maritime and Transport Law Committee 

6-7 March 2006 London, England 

International Wealth Transfer 

Practice: Trust, Tax, Wealth 

and Business Planning 

for Artists and Sportspersons 

Individual Tax and Estate Planning, Wills, Trusts 

and Succession Committee and Closely held 

and Growing Business Enterprises Committee 

24-25 March 2006 Caracas, Venezuela 

6th Latin American Regional 

Conference 

Latin American and Caribbean Forum 

30-31 March 2006 Budapest, Hungary 

5th Annual Corporate Counsel 

Conference 


30-31 March 2005 Barcelona, Spain 

Employment and Discrimination 

Conference 

Employment and Industrial Relations Law 

2-5 April 2006 Rome, Italy 

SEERIL Biennial Conference 

Section on Energy, Environment, Natural 

Resources and 

Infrastructure Law 

20-21 April 2006 London, England 

Litigation Conference 

Litigation Committee 

Spring 2006 Milan, Italy 

Cultural heritage: Challenges 

and Opportunities. Focus on 

IP Rights 

Art, Cultural Institutions and Heritage Law 

28-29 April 2006 Sydney, Australia 

2nd Annual Antitrust Spring 

Conference 


May 2006 London, England 

The Awakening Giant of 

Anticorruption Enforcement 


22-23 May 2006 Istanbul, Turkey 

17th Annual Communications 

and Competition Law 

Conference 

Antitrust Committee and Communications 

Law Committee 

24-25 May 2006 London, England 

The 1st Annual Bar Issues 

Commission Conference 

Bar Issues Commission 

31 May- 2nd June 2006 

Edinburgh, Scotland 

23rd International Financial 

Law Conference 

Banking Law Committee and Issues and 

Trading in Securities Committee 

June 2006 New York, USA 

5th International Mergers and 

Acquisitions Conference 

Business Organisations Law Committee 

8-9 June 2006 


3rd World Women Lawyers 

Conference 

Women’s Interest Group 

IBA Annual Conferences 

25-30 September 2005 Prague 

IBA 2005 Conference 

17-22 September 2006 Chicago, USA 


14-19 October 2007 Singapore 


19-24 October 2008 Buenos Aires 


For further information 

The IBA website – www.ibanet.org – 

lists details of all forthcoming IBA 

Conferences, including programme and 

registration information. Papers can be 

downloaded and the site also offers an 

online registration facility. 

To receive a printed programme by mail, 

please contact: 


10th Floor, 1 Stephen Street 

London W1T 1AT, United Kingdom 

Tel: +44 (0)20 7691 6868 

Fax: +44 (0)20 7691 6544 

e-mail: confs@int-bar.org 

Website: www.ibanet.org

Subject Index 

Academics’ Forum 73 

Access to justice 73 

Administrative law, electronic voting 63 

Africa 

legal profession 68 

privatisation 68 

Alternative dispute resolution (ADR) 

see also Arbitration; Dispute resolution 

negligence 35 

Antitrust law 

see also Competition 

Central and Eastern Europe 27 

distribution strategies 56 

extraterritoriality 22 

Arbitration 

see also Dispute resolution 

experts 32 

investment treaty 32 

Latin America 71 

New York Convention 33 

professional secrecy 31–32 

Rules of Evidence 33 

UNCITRAL Model Law 32 

Art 

see also Cultural issues 

illicit trade 48 

legal/fiscal regime 48 

Assets, tracing 57, 75 

Aviation 

Cape Town Convention 59, 61 

crash investigation 61 

EU accession states 59 

financing 59 

insolvency 47 

litigation 61 

recent developments 61 

repossession 61 

Banking 

see also Financing 

borrowing alternatives 39–40 

business process outsourcing 54 

capital markets 43 

conflict of interest 39 

insolvency 40 

Bankruptcy, corporate see Insolvency 

Bar Issues Commission (BIC) 23, 73, 74 

Broadcasting 

see also Media law 

format rights 52–53 

frequency bandwidth 49 

Business organisations 

buy-outs 30 

closely held 30 

companies see Corporations 

family-owned 30 

multinational see Multinational 

corporations 

Business process outsourcing 54 

Cape Town Convention 59, 61 

Capital markets, due diligence 43 

Central and Eastern Europe 

antitrust law 27 

aviation 59 

casinos 66 

Czech Republic 25, 41, 73, 80 

emerging markets 71 

environment 37 

EU accession 27, 28, 37, 41, 46, 49, 

55, 59, 64–65, 70 

franchising 55 

hotels 66 

illicit art trade 48 

insolvency 47 

insurance 41 

international adoption 58 

investment funds 41, 42 

public-private partnerships (PPPs) 69–70 

real estate 63 

Russian Federation 38, 42, 70 

specialised investment funds 42 

taxation 64–65 

telecommunications 49 

Child sexual abuse 58, 67 

China, historic sites 67 

Civil litigation see Litigation 

Collecting societies 51 

Commercial agreements, termination 55 

Communications 48–49, 57 

Compensation 

directors, mergers 28 

environmental damage 38 

Competition 

see also Antitrust law 

enforcement 22 

freedom of association 27 

refusal to supply 27 

Compliance 

see also Enforcement 

due diligence 43, 62 

international business transactions 69 

Confidential information, employment 44 

Conflict of interest 

corporations 45 

financial services 39 

trusts 64 

Construction projects 

dispute resolution 37 

procurement systems 37–38 


Contracts 

information technology 55, 57 


supply chain logistics 62 

trade terms 57, 62 

Convention on the International Sale of 

Goods (CISG) 57 

Corporate counsel 

see also Legal profession 

litigation 35 

outside counsel 69 

professional rules 68–69 

risk management 69 

Corporations 

bankrupt see Insolvency 

bankruptcy see Insolvency 

borrowing 39–40 


corruption 45 

criminal law 30–31, 44–45 

directors 28, 70 

ethics 45 

fraud 45 

human rights 23, 74 

international takeovers 29 

mergers see Mergers & acquisitions 

multinational 44–45, 74–75 

offshore tax sheltering 30–31 

private equity 29 

private ownership 30 

regulation, raids 31, 32, 42 

scandals 28 

securities law 42–43 

social responsibility 74–75 

tax planning 65 

Corruption 


politicians 75 

Criminal law 

child sexual abuse 58, 67 

corporations 30–31, 44–45 

Czech literature 73 

fraud 45 

illicit art trade 48 

international tribunals 58, 76 

money laundering 62–63, 75 

Cultural issues 

art 48 

Czech literature 25, 73 

historic sites 67 


insurance 41 

literature 25, 73 

procurement 80 

Digital rights management (DRM) 51 

Directors 

judicial supervision 28 

liabilities 70 

mergers, compensation 28 

Disabled persons 43 

Disclosure 


trusts 64 

Discrimination 

disabled persons 43 

sex discrimination 44 

Dispute resolution 

see also Arbitration; Litigation 

alternative dispute resolution (ADR) 35 

construction projects 37 

information technology 55 



Eastern Europe see Central and Eastern 

Europe 

Economic duress 33–34 

Electronic commerce 57 

Electronic communications 57 

Electronic voting 63 

Employment 

cheap labour 67 

confidential information 44 

corporate social responsibility 74–75 


discrimination 43, 44 


harassment 44, 45 

health professionals 46 

restrictive covenants 44 

Energy, oil and gas 38 

Enforcement 

competition 22 


European Union (EU) 22, 37, 42 


regulation, raids 31, 32, 42 

trademarks 52 

101 

Subject Index

Subject Index 

Environment 

enforcement 37 


mining, damage 38 

oil pollution 61 

waste management 35 

Ethics 

see also Professional conduct 


globalisation 74 

taxation 64 

European Union (EU) 

accession states 27, 28, 37, 41, 46, 49, 

55, 59, 64–65, 70 

aviation 59 


Constitutional Treaty 63 


employment 46 

enforcement 22, 37, 42 


immigration 46 

insolvency 40 

insurance 41 

investment funds 41 

litigation 70 

money laundering 62–63 

occupational pensions 39 


professional secrecy 32 

satellite systems 53 

taxation 64–65 

telecommunications 48–49 

trade liberalisation 28 

waste management 35 

Evidence 

arbitration, rules 33 

proposed mergers 27 

Expert witnesses 

arbitration 32 

patents 51–52 

Extraterritoriality 22 

Family law 

international adoption 58 

tracing assets 57 

Financial services 

see also Banking 


investigations 42 

Financing 

see also Investment 

access to justice 73 

aircraft 61 

capital markets 43 

private equity 29, 42, 65 

securities 42–43, 61–62 

shipping 61–62 

Foreign trade see International trade 

Franchising 


cross-border acquisitions 55 

disclosure 56 


Freedom of association 27 

Gambling, casinos 66 

GATS 74 

Globalisation 

ethics 74 

102 


health 59 

immigration 46 

intellectual property 49–50 

Hague Convention, choice of forum 33 

Harassment 44, 45 

Health 

globalisation 59 

infectious diseases 59 

pharmacogenomics 58–59 

Hotels 66 

Human rights 

corporations 23, 74 

national reconciliation 76 

victims, representation 58 

Human Rights Institute 75–76 

Human trafficking 67 

Image rights 50–51 

Immigration 46 

INCOTERMS 57 

Indigenous peoples 

collective rights 58 

displaced populations 58 

Information technology 

see also Internet 


contracts 55, 57 


electronic commerce 57 

electronic communications 57 

electronic voting 63 

Information Society 48–49 

nanotechnology 53–54 

Insolvency 

aviation 47 

banking 40 


European Union (EU) 40 

Russian Federation 70 

UNCITRAL Model Law 47 

United States 47 

Insurance 


terrorism 41 

third parties 41 

Intellectual property 

collecting societies 51 

digital rights management (DRM) 51 


image rights 50–51 

Internet 50 

licensing 27 

litigation 49–50 

patents 51–52, 54 

trademarks 52 


ethics 74 

Open Forum 21 

Rules of Evidence 33 

International business transactions 


commercial agreements 55 

compliance 69 

contracts 57 

counselling 80 


distribution strategies 56 


franchising 55–56 

legal opinions 71 

model laws 57 


International Criminal Court (ICC) 58, 76 

International trade 


regional trade agreements 28 

sale of goods 56, 57 

trade terms 57, 62 

Internet 

digital rights management (DRM) 51 

governance 48–49 

intellectual property 50 

travel/tourism 66–67 

Investigations 

aircraft crashes 61 

cross-border 44–45 

raids 31, 32, 42 

Investment 




hot topics 42 

investment funds 41, 42 

investment products 42 

investment protection 70 

investment treaty 32 

oil and gas 38 

portfolio management 42 

private equity 29, 42, 65 

real estate 65 

retail market 42 

Russian Federation 42, 70 

specialised funds 42 

tax systems 38 

Judges’ Forum 77 

Judiciary, gender/ethnicity 43 

Kafka, Franz 73 

Land see Real estate 

Latin America 


sovereignty issues 71 

Law firms, management see Practice 

management 

Legal education, clinical legal education 79 

Legal opinions 

due diligence 43 

insolvency 40 


Legal profession 

Africa 68 

Bar Issues Commission (BIC) 23, 73, 74 

bar office management 74 

conduct see Professional conduct 

core values 23 

ethics 64, 74 

in-house lawyers see Corporate counsel 

malpractice, liabilities 35 

maritime law 62 

pro bono work 79, 81 


women 80 

young lawyers 35, 80–81 

Liabilities 

directors 70 

legal profession 35


pharmacogenomics 58–59 

Litigation 

see also Arbitration; Dispute resolution 

aviation 61 

choice of forum 33, 64 

collective rights 58 


construction projects 37 

corporate counsel 35 

cross-border 31–32 

economic duress 33–34 


intellectual property 49–50 

international courts 58 


media law 52 

persuasive techniques 50 


taxation 64 

trusts 64 

vexatious litigants 77 

Lustig, Arnost 25 

Maritime law 


MV Prestige 61 



shipfinance 61–62 

Media law 

claims management 52 


frequency bandwidth 49 

sport 52 

terrorism 52 

Medicine, pharmacogenomics 58–59 

Mergers & acquisitions 

burden of proof 27 

cross-border transactions 29, 55 

directors, compensation 28 

evidence 27 


international takeovers 29 

recent developments 29–30 

Minerals 38 

Money laundering 

corruption 75 

practice management 62–63 

Multinational corporations 

see also Corporations 

cross-border investigations 44–45 


social responsibility 74–75 

Nanotechnology 54 

Natural resources 38–39 

NEPAD 68 

New York Convention 33 

OECD 22 

Oil and gas 


Russian Federation 38 

Outer space 


tourism 53 

Outsourcing 54 

Patents 

expert witnesses 51–52 

nanotechnology 54 

Pensions 39 

Pharmaceuticals, pharmacogenomics 58–59 

Practice management 

billable hours 81 

client expectations 25 

contacts 25 

managing partners 78 

marketing 25, 78 

money laundering 62–63 

partners, motivation 77–78 

practice development 25 

presentations 25 

recruitment 78 

remuneration 77 

retirement issues 79 

small firms 78 

succession planning 78, 79 

Privacy, image rights 50–51 

Private equity 29, 42, 65 

Privatisation, Africa 68 

Privilege, litigation 31–32 

Procurement 

construction projects 37–38 


regimes 79–80 


UNCITRAL 79 

Professional bodies 

American Bar Association 25 

International Bar Association 21, 33, 74 

office management 74 

young lawyers 81 

Professional conduct 

core values 23 

corporate counsel 68–69 

ethics 64, 74 

malpractice 35 

secrecy 31–32 

Professional development 

partners 77 

young lawyers 81 

Project finance, construction projects 37 

Prudent Person Rule 39 

Public law 

corruption 75 

electronic voting 63 

Public-private partnerships (PPPs) 69–70 

Real estate 


investment 65 

Regulation 

counselling 80 

enforcement, raids 31, 32, 42 

Remuneration 

law firms 77 


Restrictive covenants, employment 44 

Risk 

due diligence 62 

international business 69 


terrorism 41 

Russian Federation 

insolvency 70 

investment protection 70 

oil and gas 38 

specialised investment funds 42 

Sale of goods 

see also International business 

transactions 

contract terms 57 


Securities 


Hollinger 42–43 

investigations 42 

shipfinance 61–62 

Sex discrimination 44 

Shipping see Maritime law 

South America 

insolvency 47 


Sport, media law 52 

Taxation 

ethics 64 

EU accession states 64–65 

incentives 38, 64–65 

litigation 64 

natural resources 38 

recent developments 65–66 

tax planning 65 

tax sheltering 30–31, 64 

Telecommunications 48–49, 57 

Terrorism 

bioterrorism 59 

insurance 41 

media law 52 

Tourism 

dynamic packaging 66–67 

historic sites 67 

hotels 66 

outer space 53 

sexual abuse 67 

Trademarks 52 

Transport 

aircraft see Aviation 

shipping see Maritime law 


Trusts, litigation 64 

UNCITRAL 


electronic communications 57 

insolvency 47 


United Nations 

corporate social responsibility 74–75 

restructuring 75–76 

United States 


insolvency 47 

Sarbanes-Oxley Act 22, 69 

Waste management 35 

Water, good governance 39 

Women 

judiciary 43 



World Trade Organization (WTO) 

GATS 74 

regional trade agreements 28 

Young lawyers 35, 80–81 

103 

Subject Index

Daily Schedule of Sessions

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