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Inter-Pacific Bar Assiciation

THE EVENT

The 28th IPBA Annual Meeting and Conference is an avenue to discuss and dissect legal trends, opportunities and challenges brought by ASEAN integration and how it improves the professional and the business landscape in the region.

With the creation of an integrated ASEAN region, member nations will see a more integrated approach of doing business and creating opportunities across and even beyond its reach. This poses a variety of positive effects such as free-flow of business and exchange of resources which makes it easier for countries to collaborate. What is its implication, specifically to the legal profession? And how does it affect the current practice and trend of doing business?

The annual meeting and conference will be held at the Shangri-La at The Fort, Bonifacio Global City on March 14-16, 2018.

DESTINATION: PHILIPPINES

About the Event

IPBA The 28th IPBA Annual Meeting and Conference is an avenue to discuss and dissect legal trends, opportunities and challenges brought by ASEAN integration and how it improves the professional and the business landscape in the region.

With the creation of an integrated ASEAN region, member nations will see a more integrated approach of doing business and creating opportunities across and even beyond its reach. This poses a variety of positive effects such as free-flow of business and exchange of resources which makes it easier for countries to collaborate. What is its implication, specifically to the legal profession? And how does it affect the current practice and trend of doing business?

About the Organizers

The Inter-Pacific Bar Association (IPBA) is an international association of business and commercial lawyers who live in, or have a strong interest, in the Asia-Pacific region. It was established in April 1991 at an inaugural conference held in Tokyo, attended by more than 500 lawyers from the Asia-Pacific region.

The IPBA has over 1,500 members in more than 60 jurisdictions worldwide, and a track record of 27 years of successful annual conferences throughout the world. With 23 specialist committees from which to choose, the IPBA has members representing the entire spectrum of business and commercial legal work. The IPBA is a relatively small, close-knit organization which provides networking opportunities, whether in the same area of law across the region, or even the world.

Message from Perry L. Pe

 

 

Atty. Perry L. PeOn behalf of the Manila 2018 host committee, it is with great honor that I invite all of you to join us in Manila, Philippines for the 28th Inter Pacific Bar Association Annual Meeting and Conference. We look forward to the opportunity to exchange ideas on various issues, opportunities, challenges and trends for the legal profession in the light of ASEAN economic integration. But more than that, we are excited to share with you the colorful sights and vibrant sounds of Manila, to cap our cherished convention memories and deepen our IPBA bonds even more.

We look forward to seeing you in Manila! Mabuhay!

Perry L. Pe
Incoming President
IPBA 2018 Manila

March 13, 2018

8:00 AM - 12:00 NN

IPBA Cup 2018 Golf Tournament

1:00 PM - 2:00 PM

Nominating Committee Meeting

2:00 PM - 5:00 PM

Officers’ Meeting & New Officers Orientation

5:00 PM - 8:00 PM

Membership Meeting


Committee Chairs / Program Meeting

8:00 PM - 10:30 PM

Officers and Council Members Dinner

 

March 14, 2018

8:00AM - 11:00AM

Council Meeting

 

TIME

SESSION TITLE

VENUE

COMMITTEE

11:00AM - 12:30PM

Council Lunch

   

12:30PM - 1:00PM

Break

   

1:00PM - 1:30PM

Opening Ceremony

   

1:30 PM - 3:00 PM

Plenary Session 1:
The Philippines is Open for Business

The Secretary of Finance Carlos Dominguez has successfully adopted several Government policies aimed at easing doing business in the Philippines, such as the lifting of some foreign economic restrictions, implementing his anti-red tape policies, introducing tougher tax reforms, upholding big ticket done contracts and resolving controversial local business cases, all at demonstrating his position that the Philippines is ready to move forward with stable economic policies with public interest in mind. On the other hand, we will hear from Manny Pangilinan, one of the stalwarts of Philippine business, his views of how these policies can push the Philippines forward as the next star of the ASEAN, and hopefully of the bigger Asia-Pacific region.

Moderators:

Jonathan Warne

Dhinesh Bhaskaran

Secretary of Finance Carlos Dominguez Manny Pangilinan

 

 

3:00 PM - 3:30 PM

Break

 

 

3:30 PM - 5:00 PM

Plenary Session 2:
The Business of Corporate Counsels

Today, corporate counsels are no longer confined to dealing with the legal aspect of the corporation they work for. They are now integrated in corporate business decisions and in many cases are members of their respective executive committees. Our panelists will demonstrate how corporate counsels deal with various issues and, in particular regulatory issues in a manner relevant and atuned to the business environment and the business interest of their respective enterprises.

Moderators:

Jonathan Warne

Dhinesh Bhaskaran

 

 

5:00 PM - 6:00 PM

Women's Reception - "Beyond the Runway- Revisiting the indigenous woman and culture".

 

Women Business Lawyers Committee

6:00 PM - 7:00 PM

New Members and IPBA Scholars Reception

 

 

7:00 PM - 9:00 PM

Welcome Reception

 

 

March 15, 2018

TIME

SESSION TITLE

VENUE

COMMITTEE

9:00AM - 10:30AM

Training and mentoring junior lawyers in the legal profession

This session will address the following questions:

  • What should we be training our junior lawyers?
  • How should we be training our junior lawyers? Tips to upskill your firm’s junior lawyers – training techniques? Should we adopt a traditional approach or different approach to training? What type of training is offered at firms (large/medium/small)? How much should firms invest in training the next generation of lawyers?
  • Why should we be training our junior lawyers? What are the benefits of upskilling and empowering junior lawyers? Is this important for succession planning? To improve staff retention?
  • How much time and effort should we invest/spend on training junior lawyers?
  • Where does the training stop?
  • What are some difficulties in training/supervising/mentoring junior lawyers?
  • What are the limitations? Is it worth it for the firm? Time/cost/effort etc.

Moderator / Co-ordinator

James Jung Auckland (New Zealand)

Speakers

Ms Sae Youn Kim (Seoul, South Korea)

Mr Michael Chu (Chicago, USA)

Mr Glenn Ferguson AM (Brisbane, Australia)

Mr Jack Li (Shanghai, China)

Hablon 

Legal Development & Training Committee

9:00AM - 10:30AM

Tax Issues relating to Private Equity Investment in the ASEAN region

Co-ordinator

Jay Shim

 Abaca

Tax Law Committee

9:00AM - 10:30AM

China’s Belt & Road Initiative - "Seeing is believing”: The need for tailor made dispute resolution mechanisms

China's Belt and Road initiative is a vast development strategy, involving more than 60 diverse countries in varying stages of development. Areas of cooperation under the initiative include policy coordination, facilities connectivity, unimpeded trade, financial integration, and people-to-people bonds, which are likely to have far-reaching effects for many disciplines, including international arbitration.

Some have called for uniform arbitral process to address the specific needs arising out of One Belt One Road. Others, however, view uniform arbitration procedure for resolving Belt and Road disputes as simply reinventing the wheel.

During this session, panellists will analyse practical dispute resolution mechanisms for Belt and Road related disputes and consider the challenges associated with the implementation of a uniform approach

Moderators

Robert Rhoda (Hong Kong)

Sundra Rajoo (Malaysia)

Narra B 

Dispute Resolution & Arbitration Committee

9:00AM - 10:30AM

Billing structures in cross-border matters

Cross border legal work continues to ride the globalization wave and grow at a steady pace. As markets mature, competitive prices are setting in and clients are becoming more sensitive about legal expenditure. Deals and drafting are becoming increasingly standardized, leading to lawyers’ role getting limited and mostly restricted to highly complex, high value, first-of-its-kind deals only. This session will touch upon the issues of clients demanding fixed fee quotes, hourly blended rates, fee pressures leading to different fee structures being adopted by law firms. The session will also coverhow the use of technology is becoming more rampant and artificial intelligence is now being introduced to replace lawyers and remain competitive. The panel will discusses how law firms manage cross border work successfully, such as addressing compliance requirements across multiple jurisdictions, making optimal use of local counsel advice and producing internationally resonant drafting that the parties can engage with easily.

Co moderators

Myles Seto (Hongkong)

Speakers CBIC

Hermann Knott (Germany)

Fausto Romero-Miura (Spain)

Narra A 

Cross Border Investment Committee

Legal Practice Committee

9:00AM - 10:30AM

Shareholder Agreements

This session will be the second leg of workshop on how to use and draft shareholder agreements that started in IPBA 2017.

The panel will briefly summarize the points covered in Auckland to set the stage and then, together with audience participation, attempt to put a final overview of the following: when shareholder agreements can and/or should be used in the context of cross-border deals, typical clauses and the effectiveness of such provisions, some dos and don’ts and tips when dealing with their respective jurisdictions.

Co-moderator

Chiam Kao Toon (Singapore)

Ravi Nath (India)

Speakers

André Brunschweiler (Switzerland)

Ben Smith (Australia)

Ken Stuart (US)

Narra C 

Cross Border Investment Committee

9:00AM - 10:30AM

Panel #1 Part 1: Preventing and dealing with workplace harassment, discrimination and bullying in companies operating across ASEAN and beyond

This panel will discuss how discriminations are dealt with in the work place and the different approaches a multinational company can face wASEAN spans 10 different South East Asian countries with diverse peoples and culture. Different companies also have different corporate culture. The panel will examine the similarities and differences in laws relating to workplace harassment, discrimination and bullying in various jurisdictions across ASEAN and beyond, and question whether the laws sufficiently address the issues given the culture in each jurisdiction. Through an interactive discussion, the panelists hope to come up with a set of “best practices” which companies operating in the region can adopt to prevent and deal with workplace harassment, discrimination and bullying. orking in a multi jurisdiction environnment; This panel will discuss amongst other about maternity protection, equal employment opportuities for persons with disabilities, prevention of sexua harrassment in the work place, etc..

Moderator

Jenny Tsin (Singapore)

Speakers

Linda Liang (China)

Carol Knox (USA)

Pavillion 1 

Technology, Media & Telecommunications Committee

9:00AM - 10:30AM

Crisis Management: Beyond the Law Session 1: The Role of the Legal Counsel in Handling Crisis in Multiple Jurisdictions

Companies have to face different types of crisis, either minor or serious. Both can damage and sometimes ruin their reputation, including when the company is the victim, for example in case of a cyber attack, if the crisis is not quickly and properly handled and the communication is inadequate and inconsistent with the legal issues at stake.

The purposes of these sessions are:

  • To highlight the main legal issues arising when handling a major crisis in multiple jurisdictions
  • To focus on the importance of involving the legal when communicating with the media
  • To study a business case involving different types of actors (legal, communication, business…)
  • To provide the participants (external lawyers and corporate counsel) with a crisis protocol for all types of crisis

This session will involve returns on experience from in-house counsel and external lawyers. The focus of this panel discussion will be on formulating strategies to:

  • safeguard privilege and work-product protection (attorney-client privilege and legal privilege in various jurisdictions)
  • communicate with stakeholders (regulatory authorities, clients, victims, employees…)
  • communicate with the media : how to ensure that messages communicated to the media are coherent with the legal issues at stake?
Narra D 

Anti-Corruption and Rule of Law Committee

Corporate Counsel Committee

Dispute Resolution & Arbitration Committee

Environmental Law Committee

Legal Practice Committee

Technology, Media & Telecommunications Committee

10:30AM - 11:00AM

Break

 

 

10:30AM - 11:00AM

Committee Meeting

 Hablon

Legal Development & Training Committee

10:30AM - 11:00AM

Committee Meeting

 Narra D

Anti-Corruption and Rule of Law Committee

11:00AM - 12:30PM

Tax Issues relating to Private Equity Investment in the ASEAN region

Coordinator

Jay Shim (Korea)

 Abaca

Tax Law Committee

11:00AM - 12:30PM

Renewal Energy Trends to Watch in 2018

Moderators

Gmeleen Tomboc (Singapore)

Sean Muggah (Canada)

Speakers

Wang Jihong (Beijing)

Mona Dimalanta ( Philippines)

 Pavilion 2

Energy & Natural Resources Committee

11:00AM - 12:30PM

Faster, Higher, Stronger - and Fairer?
The Growing Impact of The Court of Arbitration for Sport (CAS) on International Sport

The Court of Arbitration for Sport (CAS) was established by the International Olympic Committee (IOC) in 1984 and has grown in importance and effect over the past decades. At the same time, its independence and fairness have been questioned by athletes and commentators. With the next three Olympics being hosted in Asia, this session will explore the mechanics of CAS arbitration, selection of arbitrators by CAS, review of CAS decisions by state courts, and potential improvements to the system.

Moderators

Axel Reeg (Germany)

Mel Schwing (Australia)

Narra B 

Dispute Resolution & Arbitration Committee

11:00AM - 12:30PM

Business and Human Rights Due Diligence

In 2011, the Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework," which were developed by the Special Representative of the Secretary-General on the issueof human rights and transnational corporations and other business enterprises was adopted, under which companies are required to conduct human right due diligence in certain circumstances.

Consequently, many countries made their own National Action Plan to implement the principle in their own country and prepared the rules to deal with various aspects of the issues of business and human rights. For example, the U.K. Government has introduced a provision in the Modern Slavery Act 2015, which requires certain businesses to produce a statement setting out the steps they have taken to ensure there is no modern slavery in their own business and their supply chains.

This session will discuss the latest practice on the issues of business and human rights, with particular focus on human rights due diligence of the supply chains and find out the solution and best practice on how to deal with the relevant issues.

Co-moderator

Trinh Nguyen/CBIC (Vietnam)

Speaker/Co-moderator

John Wilson (Sri Lanka)

Narra A 

Cross Border Investment Committee

Association Internationale des Jeunes Avocats (AIJA)

11:00AM - 12:30PM

Beyond limited liabilities: Potential exposure of parent companies, subsidiaries, and directors arising out of environmental and insolvency situations

The fundamentals of commercial companies include the limited liability of the shareholders to the funds they invest and the freedom of directors to exercise "reasonable" judgment in managing the business. However, some specific situations lead to results that clash with these principles. Cross border transactions or corporate structures compound the difficulty when the regulators attempt to hold parent companies liable for their subsidiaries and make directors strictly liable for environmental liabilities and other regulatory matters. However, environmental regulators’ attempts to force a clean-up and hold companies to account can very effectively be side tracked or derailed by insolvency proceedings. With no corporate assets available for remediation, directors may suddenly find themselves on the hook. Further, receivers and trustees dare not to tread on contaminated ground lest they face financial ruin. Among government, victims of the pollution, creditors and the insolvent polluter, whose interests should prevail? How should key principles of environmental law and insolvency law be reconciled with fundamental corporate principles of limited liability and separate corporate entities?

Co-moderator/Speaker

David Ward (Canada)

Speakers

Sampath Kumar/CBIC (India)

Bui Ngoc Hong/CBIC ( Vietnam)

Narra C 

Cross Border Investment Committee

Environmental Law Committee

Insolvency Committee

11:00AM - 12:30PM

Panel #2 PART 2 - Navigating Cross Border Data Privacy Issues: Essential strategies for employers

Data privacy laws have seen significant growth across the globe in the last few decades. Such laws, in some cases, vary significantly from country to country and pose serious challenges for MNCs who collect, process, and transfer data for business or internal administrative purposes. Failure to abide by the relevant data privacy rules can result in significant fines, including up to 4% of the company’s global revenue under the European Union’s General Data Privacy Regulation. The TMT Committee and the Employment and Immigration Committee (EIC) will address this issue in 2 parts.

In Part 1, TMT will explore (i) data privacy rules generally in key jurisdictions; (ii) the pitfalls of anonymized big data; (iii) the transfer of data across borders; and (iv) strategies for managing customers’ data.

In Part 2, EIC will explore data privacy in the context of employment, including (i) strategies for obtaining consent; (ii) employee rights to check, correct, and/or withhold data; (iii) limitations on the transfer and use of employee data, including the distinctions (if any) between sensitive and less sensitive data; and (iv) recommendations for maintaining and rolling out data privacy policies or initiatives.

Moderator

Trent Sutton (USA)

Speaker

Roland Falder (Germany)

Pavillion 1 

Employment and Immigration Committee

11:00AM - 12:30PM

Crisis Management: Beyond the Law Session 2: Business Case

When a crisis occurs, it is too late to test the adequate preparation of all actors involved. Therefore a good preparation is crucial to ensure the successful management of a crisis. This protocol may be implemented both by the in-house counsel and the external lawyers who can bring their expertise to train the business and the in-house legal.

This session is an interactive exercise on how to to build up an action plan. Because the session is short and that a crisis exercise usually lasts for several hours, the first part of the scenario will be distributed to the participants on the day before the session to prepare fo plan. During the session the scenario will evolve as it is the case in real life. For the purpose of the exercise, the second part of the scenario will be distributed 30 minutes after the beginning of the session so that the participants can adjust their action plan to these new facts and prepare the press conference.

To sign up as an active participant to this session please contact:
- Anne Durez 
- Cheng Sim Chan 

Narra D 

Anti-Corruption and Rule of Law Committee

Corporate Counsel Committee

Dispute Resolution & Arbitration Committee

Environmental Law Committee

Legal Practice Committee

Technology, Media & Telecommunications Committee

12:30PM - 2:00PM

LUNCH

 

 

2:00PM - 3:30PM

BEPS, TAX AND CUSTOMS DUTY – Efficient Supply Chain Management: Seamless cooperation in ASEAN and beyond

Coordinator

Michael Butler (Australia)

Hablon 

Tax Law Committee

International Trade Committee

2:00PM - 3:30PM

Investor Protection

The session will cover general overview of ISDS and newly published rule of CIETAC (China), and coming SIAC’s rule for ISDS. Updates of recent cases in APEC region such as the cases from Malaysia and Singapore, HK will be covered as well

Panelist and moderator

Zhengzhi Wang (China, Vice chair of APEC committee)

Leng Sun Chan (Vice chair of APEC committee, Singapore)

Chiann Bao (Hong Kong)

 Pavilion 2

APEC Committee

2:00PM - 3:30PM

The Hague Convention on Choice of Court Agreements
– Is it really a Game Changer?
A Debate

The advent of the Hague Convention on 1 October 2015 raises important questions about its scope, effectiveness and impact. Has the Hague Convention profoundly altered the international dispute resolution landscape? Does it add a fundamental new dimension to the discussion on arbitration as an alternative to Court litigation?

In discussing these and other related issues, the session will consider the scope of recognition and enforcement of foreign judgments under the Hague Convention. Speakers will debate its effectiveness and impact on international cross border litigation, including asset identification in multi-jurisdictional enforcement of judgments, the reduction of multiple litigation, and the challenge it poses to international commercial arbitration.

At the close of the session, the House will take a vote on whether the Hague Convention is really a game changer.

Moderators

Mohan Pillay

Neerav Merchant

Narra B 

Dispute Resolution & Arbitration Committee

2:00PM - 3:30PM

Bridging the cultural gap in cross-border M&A transactions

Cross-border M&A is even more challenging in a culture difference context. This session will focus on the lawyer’s role in multi-culture M&A transactions. The panelists will discuss the basic dos and don’ts in certain culture environments. Furthermore, the panelists from various jurisdictions and cultures would share their thoughts on how to see the “invisible players” and how to hear the “silent languages” in an unfamiliar culture. This session would like to find certain approaches for lawyers to unveil the mask of culture’s ambiguity, and to translate the colorful cultural expressions into precise legal languages.

Moderator

Shi "Henry" Xinyue (China)

Speakers

Omar Puertas (Spain)

Ulf Ohrling (Sweden)

Hiroshi Ishihara (Japan)

 Narra A

Cross Border Investment Committee

2:00PM - 3:30PM

Interactive Session : A Discussion on Employment Litigation – the areas of most vulnerability for multinational employers

A discussion on what employees most commonly sue about in the various jurisdictions, the potential liabilities, and possible strategies to minimize risks could be an interesting issue. For instance, class actions in the US over wage violations and general discrimination litigation can bring substantial costs to multinational employers.

 Pavilion 3

Employment and Immigration Committee

2:00PM - 3:30PM

Legal Issues of Data Collection and Usage by Financial Institutions, Insurers and Corporates

Regulators like FSA and others use big data analytics to assess the need of further regulation for specific types of services.

 Narra C

Banking, Finance & Security Committee

Technology, Media & Telecommunications Committee

Insurance Committee

2:00PM - 3:30PM

When Things Go Wrong - Guidance from In-House and Insurance Counsel on Managing Errors and Liabilities

 

Insurance Committee

Corporate Counsel Committee

3:30PM - 4:00PM

Break

   

3:30PM - 4:00PM

Committee Meeting

 Pavilion 3

Employment and Immigration Committee

3:30PM - 4:00PM

Committee Meeting

 Pavilion 2

Energy & Natural Resources Committee

3:30PM - 4:00PM

Committee Meeting

 Hablon

Corporate Counsel Committee

4:00PM - 5:30PM

BEPS, TAX AND CUSTOMS DUTY – Efficient Supply Chain Management: Seamless cooperation in ASEAN and beyond

Coordinator

Michael Butler

 Hablon

Tax Law Committee

International Trade Committee

4:00PM - 5:30PM

The Law Reacts to North Korea – Effects of New Sanctions on Business

This panel will include speakers from South Korea, China, Japan and the United States and will explain the range of new legal measures restricting business worldwide that have the aim of changing North Korea’s interactional engagement and the effect they might have inside and outside North Korea, and will also explore future prospects of APEC’s role for improvement of the situation.

Speakers

Corey Norton (co-chair of International Trade Committee)

Sejin Kim (BKL, Korea)

Shigehiko Ishimoto (chair of APEC committee)

Narra C 

APEC Committee

International Trade Committee

4:00PM - 5:30PM

Institutional innovations
– pushing the envelope or churning the pot?

The last few years have seen many innovations to institutional rules – the emergency arbitrator, expedited procedure, early dismissal are some examples. Many of these innovations are aimed at increasing the efficiency and cost effectiveness of arbitration.

This session will critically examine these innovations to see whether these changes have in fact brought about substantive benefits which make arbitration more attractive. This session will also consider whether these innovations have significantly widened the gap between ad hoc arbitration and institutional arbitration and make a more compelling case for institutional arbitration over ad hoc arbitration.

The session will also include a particular regional focus, exploring recent developments in institutional arbitration in Spanish/Latino jurisdictions.

Moderators

Hiroyuki Tezuka

Steven Lim

Narra B 

Dispute Resolution & Arbitration Committee

4:00PM - 5:30PM

Post-merger integration, in particular when Asian companies acquire European (US) companies

What happens on Legal Day One? Is it just housekeeping activity for legal advisors?

In times of low growth, completed deals are expected to create the costs savings and the business synergies expected pre-deal by the management of the acquirer.Therefore, post-deal integration shall be given the necessary attention and resources; the team carrying out the integration shall ‘own’ the integration plan, as much as the transaction team in order to achieve better integration: legal advisors are to be an integral part of such team.

Speakers of different jurisdictions will discuss issues they have encountered in their practice as external advisors and in-house counsels, for mergers, acquisitions and divestitures, regarding several interdisciplinary topics. Such issues arise not only in cross-border transactions, but also in domestic transactions, between companies with global reach.

Among those, legal entities and contracts rationalization, human resources issues, IP related matters, regulatory and compliance, pre-litigation for non-performance or delays in existing contracts shall be considered well in advance when planning integration and its legal implementation.

Co Moderators

Sara Marchetta ( Italy)

Takeshi Matt Komatsu (Singapore/Japan)

Co Moderators

Qi Bin (China)

Imam Hossain ( Bangladesh)

Kimoto, Taisuke (US)

Narra A 

Cross Border Investment Committee

4:00PM - 5:30PM

Cryptocurrencies (Bitcoin, etc.) and ICOs

The panel will discuss the legal framework and the developments in different jurisdictions and more specifically the different approaches of the regulators and central banks.

 Narra D

Banking, Finance & Security Committee

Technology, Media & Telecommunications Committee

4:00PM - 5:30PM

Current Trends on Environmental Law

The format can be to have a round table discussion 12 renowned speakers of different jurisdictions to discuss over various trends emerging on environmental law. The list is inclusive of Globalization of Environmental Law, Sustainable Development and Law, The Rise of the Developing World, Environmental Institutions, Governance Mechanisms, and the Rule of Law, Human Rights and the Environment, The Growing Role of the Environment in International Economic Law, Increased Attention to Biodiversity, Chemicals and Hazardous Substances Management, Oceans and Fisheries.

Pavilion 3 

Environmental Law Committee

4:00PM - 5:30PM

A Survey of the Rules on Cross Border Legal Practice in the Asia Pacific Region

The session will dicuss both qualification and registration requirements, if any, apart from the breadth/extent of any allowable areas of practice and restrictions for foreign practitioners, especially those handling cross-border matters.

Speakers

Charandeep Kaur ( India)

Yoon, Hee Woong (Korea)

Hiroki Inoue (Japan)

Abraham Vergis (Singapore)

Mark Lowndes (New Zealand)

 Pavillion 1

Legal Practice Committee

5:30PM - 6:00PM

Break

   

5:30PM - 6:00PM

Committee Meeting

 Narra C

APEC Committee

5:30PM - 6:00PM

Committee Meeting

 Pavilion 3

Environmental Law Committee

5:30PM - 6:00PM

Committee Meeting

 Narra D

Technology, Media & Telecommunications Committee

5:30PM - 6:00PM

Committee Meeting

 Pavillion 1

Legal Practice Committee

5:30PM - 6:00PM

Committee Meeting

 Abaca

Aviation Law Committee

5:30PM - 6:00PM

Committee Meeting

 Hablon

Scholarship Committee

5:30PM - 6:00PM

Committee Meeting

 Pavilion 2

Ad Hoc Next Generation Committee

7:30PM - 11:00PM

Gala nite

   

11:00PM - onwards

Club party night

   

March 16, 2018

TIME

SESSION TITLE

VENUE

COMMITTEE

9:00AM - 10:30AM

IPBA Guidelines on Privilege and Attorney Secrecy in International Arbitration

The session will update participants on the refined guidelines and discuss oft-encountered problems in the area of a claim of privilege against documents production and testimony across civil and common law jurisdictions in international arbitration. The proposed best practices and pragmatic solutions in the context of the formulation of a universal code will be debated. Attendees will participate in the first seminal effort on the part of the IPBA to provide thought leadership for the benefit of the international arbitration community. The session is a follow-up to the session of the IPBA Dispute Resolution and Arbitration Committee on Privileges in Auckland 2017 (which could not yet cover all aspects in the necessary depth). It is also open to IPBA members who have not attended the session in Auckland.

Co-moderator

Bernhard Meyer (Switzerland)

Eckart Brodermann (Germany)

Speakers

Francis Xavier (Singapore)

Gerhard Wegen (Europe)

Hiroyuki Tezuka (Japan)

Narra B  IPBA 

9:00AM - 10:30AM

Family Business Succession in Asia and the Clarion Call for Estate Planning

Market data and research is unequivocal that we are witnessing an unprecedented transfer of wealth as the "baby- boomers" generation comes of age for the transition control and ownership.

While the awareness of the significance of estate planning and wealth transfer among business owners and high net worth individuals (HNWI) is emerging rapidly in Asia, the immediacy of such planning is mature and escalating. Compounding this need is the phenomenal growth of wealth in Asia, as confirmed by research which shows that the number of Asian JNWIand their collective wealth has already overtaken North America.

This session discusses the options to facilitate the passing of control and the avoidance of fragmentation of ownership, the considerations that should drive the planning, the unique dynamics in different Asian counties, impact of the Common Reporting Standards, the function of Family Office, and the role of advisors.

Speakers

Millie Chan, Borden Ladner Gervais LLP, Canada

Eric Roose, Withers LLP, Singapore

Representative from ZhongLun, China(To be confirmed)

Representative from trust company (TridentTrust, Singapore, or AffinHwang Investment Bank, Malaysia, or Bank Julius Baer, Singapore, or Bank of Singapore, Singapore)(To be confirmed)

Representative from the Philippines(To be confirmed)

Abaca 

Tax Law Committee

9:00AM - 10:30AM

Silent struggles of single parents- the roles of law, employers & societies in supporting them to succeed in their public and private lives

With the quiet yet significant increase in the number of single parents around the world, we have decided to dig into this taboo topic and we hope the session can break the silence.

We have invited lawyers from different jurisdictions including those who are single parents, to share their personal experience in terms of their public and private lives, to discuss and explore how employers, law and societies (through governments and education) can help not only the single parents but also their children and how we, as a global community can raise awareness worldwide and make changes to the world’s perception towards the modern family structure.

The session will be conducted in an interactive manner and we hope the session can inspire talks and discussions in other forums globally and raise awareness worldwide. We hope this is the beginning of a series of changes that can be made.

Moderator

Olivia Kung (Hongkong)

Speaker

Lory Anne Manuel-Mcmullin (Philippines)

Alison Foster (UK)

Frederique David ( France)

Shweta Bharti (India)

Pavilion 3 

Women Business Lawyers Committee

9:00AM - 10:30AM

Chinese Investment in the Western Hemisphere

This session will focus on legal, regulatory and political challenges faced by outbound Chinese investors and the recipients of Chinese investment in western hemisphere destination countries. The session will provide a comparative approach to the use (and misuse) of foreign investment/merger review mechanisms such as CFIUS, commercial strategies regarding choices of laws and dispute resolution, governance and transparency issues with state owned enterprise outbound investment, trade protectionism including tariff and non-tariff barriers, trade remedies, and technical standards, requirements for localization, intellectual property concerns, labor and security issues involved in the disclosure of information to and with China based counterparties, and broader political and civil society constraints faced by Chinese investors, their domestic and foreign legal counsel, and legal counsel representing Chinese investment recipients. Panelists will share their respective experiences with Chinese investment in their countries and discuss strategies to anticipate Chinese investment issues and to advise clients accordingly.

Moderator

Reinaldo Ma/CBIC

Vidaur Mora/ITC (Mexico)

Speakers

Buhart, Jacques/CBIC (France)

Till Kosche/CBIC (Germany)

Mirella Lechna/ITC (Poland)

Narra A 

Cross Border Investment Committee

International Trade Committee

9:00AM - 10:30AM

Investing in ASEAN’s emerging markets and Latin America

The session will take you to ASEAN’s emerging and developing markets including Myanmar, Cambodia, Philippines, Indonesia, Vietnam and Latin America, in the search of new challenges and opportunities. This session will also explore legal pitfalls which should be considered when making investments in ASEAN’s emerging and developing markets and Latin America and provide legal solutions, where possible. The panel will highlight foreign ownership restrictions, the risks of various structures designed to avoid foreign ownership restrictions, requirements on hiring local manpower, anti-corruption regulations, choice of language for contracts, dispute resolution strategies and other relevant issues.

Moderators

Evelyn Ang (Singapore)

Luciano Ojea Quintana (Argentina)

Speakers

Santiago Fontana (Uruguay)

Chester Toh (Singapore)

 Narra C

Cross Border Investment Committee

9:00AM - 10:30AM

“Ten Years After Lehman - What If Another Institution Fell Tomorrow

 Capiz

Banking, Finance & Securities Committee

Insurance Committee

10:30AM - 11:00AM

Break

   

10:30AM - 11:00AM

Committee Meeting

 Abaca

Tax Law Committee

10:30AM - 11:00AM

Committee Meeting

 Pavilion 3

Women Business Lawyers Committee

10:30AM - 11:00AM

Committee Meeting

 Pavilion 1

Insolvency Committee

10:30AM - 11:00AM

Committee Meeting

 Pavilion 2

Maritime Committee

10:30AM - 11:00AM

Committee Meeting

 Capiz

Banking, Finance & Securities Committee

11:00AM - 12:30AM

IPBA Guidelines on Privilege and Attorney Secrecy in International Arbitration

The session will update participants on the refined guidelines and discuss oft-encountered problems in the area of a claim of privilege against documents production and testimony across civil and common law jurisdictions in international arbitration. The proposed best practices and pragmatic solutions in the context of the formulation of a universal code will be debated. Attendees will participate in the first seminal effort on the part of the IPBA to provide thought leadership for the benefit of the international arbitration community. The session is a follow-up to the session of the IPBA Dispute Resolution and Arbitration Committee on Privileges in Auckland 2017 (which could not yet cover all aspects in the necessary depth). It is also open to IPBA members who have not attended the session in Auckland.

Co-moderator

Bernhard Meyer (Switzerland)

Speakers

Francis Xavier (Singapore)

Eckart Brodermann (Germany)

Gerhard Wegen (Europe)

Hiroyuki Tezuka (Japan)

Narra B 

IPBA

11:00AM - 12:30AM

Family Business Succession in Asia and the Clarion Call for Estate Planning

Market data and research is unequivocal that we are witnessing an unprecedented transfer of wealth as the "baby- boomers" generation comes of age for the transition control and ownership.

While the awareness of the significance of estate planning and wealth transfer among business owners and high net worth individuals (HNWI) is emerging rapidly in Asia, the immediacy of such planning is mature and escalating. Compounding this need is the phenomenal growth of wealth in Asia, as confirmed by research which shows that the number of Asian JNWIand their collective wealth has already overtaken North America.

This session discusses the options to facilitate the passing of control and the avoidance of fragmentation of ownership, the considerations that should drive the planning, the unique dynamics in different Asian counties, impact of the Common Reporting Standards, the function of Family Office, and the role of advisors.

Speakers

Millie Chan, Borden Ladner Gervais LLP, Canada

Eric Roose, Withers LLP, Singapore 

Representative from ZhongLun, China(To be confirmed)

Representative from trust company (TridentTrust, Singapore, or AffinHwang Investment Bank, Malaysia, or Bank Julius Baer, Singapore, or Bank of Singapore, Singapore)(To be confirmed)

Representative from the Philippines(To be confirmed)

Abaca 

Tax Law Committee

11:00AM - 12:30AM

Silent struggles of single parents- the roles of law, employers & societies in supporting them to succeed in their public and private lives

With the quiet yet significant increase in the number of single parents around the world, we have decided to dig into this taboo topic and we hope the session can break the silence.

We have invited lawyers from different jurisdictions including those who are single parents, to share their personal experience in terms of their public and private lives, to discuss and explore how employers, law and societies (through governments and education) can help not only the single parents but also their children and how we, as a global community can raise awareness worldwide and make changes to the world’s perception towards the modern family structure.

The session will be conducted in an interactive manner and we hope the session can inspire talks and discussions in other forums globally and raise awareness worldwide. We hope this is the beginning of a series of changes that can be made.

Moderator

Olivia Kung (Hongkong)

Speakers

Lory Anne Manuel-Mcmullin (Philippines)

Alison Foster (UK)

Frederique David ( France)

Shweta Bharti (India)

Pavilion 3 

Women Business Lawyers Committee

11:00AM - 12:30AM

Private Equity in China, India and beyond

Private Equity has played a crucial role in the funding of businesses in Asia, particularly in China and India since the opening up of these economies to foreign investors. PE players started by initially providing growth capital and over the years, corresponding with further liberalization of these economies and growing confidence of the PE players in handling the local business ecosystem, have started doing control transactions. This session will do a comparative overview in India and China, and eventually discuss how PE there parallels or differs from the way PE works in other countries, of:

  • The growth of PE investments since the opening up of their economies,
  • The legal regime governing PE investments,
  • Typical provisions of investment agreements, and the shareholders agreements that PE investors have with the founders of the investee companies,
  • The nature of investment instruments which PE investors use,
  • Exit options available to PE funds,
  • PE investors impact on corporate governance of investee companies.

Moderators

Rohitashwa Prasad (India)

Lam Shiao Ning (Singapore)

Narra A 

Cross Border Investment Committee

11:00AM - 12:30AM

A Crash Course In Negotiating an International Loan Agreement

The panel will be composed of two teams (borrower vs lenders) negotiating a standard term sheet for an international loan documentation focusing on difference in the various markets (UK vs US) and how that is relevant towards the Asian market.

 Capiz

Banking, Finance & Securities Committee

11:00AM - 12:30AM

Employment and Insolvency

In this session we will discuss what will happen, how to deal with workers who works for distressed companies, especially after the companies file for legal insolvency procedure. The situation and legal protection for workers of these companies depend on employment laws of these jurisdictions. Some are survived and other are fired. We would also like to discuss how efficiently we can deploy workers (place the workers) when the companies are critical situation.

Moderator

Shinichiro Abe

Panelists

Hiroe Toyoshima (Japan)

Dr. Björn Otto (Germany)

Gregory Vijayendran (Singapore)

Pavilion 1 

Insolvency Committee

Employment & Immigration Committee

12:30PM - 2:00PM

LUNCH

   

2:00PM - 3:30PM

Technology and International Arbitration – AI for IA?

Disruption and innovation by “legal tech” pose one of the major challenges for the legal industry, beyond international arbitration.

Legal tasks which once required an army of lawyers to complete in weeks, are now handled by a computer in a matter of minutes. This session will explore whether and how technology does, or should, impact international arbitral proceedings.

The panelists will address how technology can be used to improve the efficiency of arbitral proceedings, share their experiences of successful implementations of legal tech, analyze key legal problems that can arise, and critically examine the relevance of artificial intelligence in international dispute resolution.

Moderator

Sae Youn Kim (Korea)

Lars Markert (Germany)

Narra B 

Dispute Resolution & Arbitration Committee

2:00PM - 3:30PM

Management incentives

Financial investors are in the business of making money. They usually don’t aim to take control over investee companies, as long as they are properly managed and profitable enough.

Hence, investors, on one hand, are very contingent on the achievements of the management and try to shield themselves from the misbehaviors of managers who hold all the keys to the business and on the other hand, are willing to richly reward successful managers.

This session will visit the various tax and legal resources available to let managers share in the value they create to the benefit of their companies’ shareholders, first and foremost their financial investors, and the pitfalls to avoid on the way to a wealthy and happy life for the managers.

Co moderators

Frederic Ruppert/CBIC (France)

Frederique David/Employment & Immigration (France)

Alexis Katchourine/Tax Law (France)

Speaker

Pieter de Ridder/ CBIC/Tax Law (Singapore)

Narra A 

Cross Border Investment Committee

Tax Law Committee

Employment & Immigration Committee

2:00PM - 3:30PM

Venture capital in Asia – key differences compared to the Silicon Valley model of venture capital

Venture capital has become a major force in global financing and corporate activity. 2016 saw nearly USD130 billion invested globally over 13,655 completed deals. Although global deal volumes and numbers in 2016 fell slightly from the highs of 2015, amounts invested in Asia remained steady, where over USD39 billion was invested over 1,742 deals. (Information taken from KPMG Enterprise Venture Pulse Q4 2016 Global Analysis of Venture Funding.) This panel will look into VC activity in Asia and examine key differences between how VC financings are done in Asia and in what is generally considered the birthplace and the leader of VC: Silicon Valley.

The panel will begin by situating the Asia VC market in the context of global VC: how much has VC activity in Asia grown in the past 10 years compared to the rest of the world, how active are Asian VC funds in Asia and outside Asia, and which are the most active US and European VC funds in Asia?

The panel will then consider significant differences in deal terms between Asia and Silicon Valley, including participation rights in liquidations (almost non-existent in SV; common in Asia), registration rights (ubiquitous in SV but rarely seen in Asia), indemnification and investor remedies against founders (rarely seen in SV; sometimes seen in Asia), and convertible debt and equity investments (very common in early-stage SV companies; quite rare in Asia). [NOTE: THIS LIST MAY CHANGE DEPENDING ON THE VIEWS OF THE PANELISTS.]

The panel will close by taking up the role of lawyers in VC financings in Asia. The VC community in Silicon Valley has been trying to limit the role of lawyers in VC financings to keep costs down, but lawyers continue to play an important role in VC financings in the US. Lawyers usually play a more limited role in VC financings in Asia. The panel will discuss the reasons for this state of affairs.

Moderator

Eric Marcks (Japan) E: emarcks@southgate-law.com

Speakers

Christian Chin (Singapore)

Vanessa Cheung (Hong Kong) Fangda & Partners

Steve Ahn (Korea) SEUM

Narra C 

Cross Border Investment Committee

2:00PM - 3:30PM

Insurer vs. Insured - Essential Lessons for Resolving Insurance Claims

 Pavilion 1

Insurance Committee

2:00PM - 3:30PM

Developments in Trade Remedies

 Pavilion 2

International Trade Committee

3:30PM - 4:00PM

Break

   

3:30PM - 4:00PM

Committee Meeting

 Hablon

Intellectual Property Committee

3:30PM - 4:00PM

Committee Meeting

 Narra B

Dispute Resolution & Arbitration Committee

3:30PM - 4:00PM

Committee Meeting

 Narra A

Cross Border Investment Committee

3:30PM - 4:00PM

Committee Meeting

 Pavilion 1

Insurance Committee

3:30PM - 4:00PM

Committee Meeting

 Pavilion 2

International Trade Committee

3:30PM - 4:00PM

Committee Meeting

 Pavilion 3

Competition Law Committee

3:30PM - 4:00PM

Committee Meeting

 Abaca

International Construction Project

4:00PM - 5:30PM

AGM

   

5:30PM - 6:30PM

Officers Wrap up Meeting

   

7:30PM - onwards

On Evening for Farewells

   

Coming Soon

New Members’ & IPBA Scholars’ Reception

  • Date: March 14, 2018
  • Time: 5:00 PM - 6:00 PM

*Other details to follow


Coming Soon

Women Business Lawyer Reception

  • Date: March 14, 2018
  • Time: 6:00 PM - 7:00 PM

*Other details to follow


Barrio Fiesta

Welcome Reception

  • Date: March 14, 2018
  • Time: 7:00 PM - 8:30 PM

*Other details to follow


Night of Jazz

Gala Night

  • Date: March 15, 2018
  • Time: 7:30 PM - 11:30 PM

*Other details to follow


Rock Pop and Sizzle

Farewell Night

  • Date: March 16, 2018
  • Time: 7:30 PM - onwards

*Other details to follow


 

POINT OF CONTACT: TEAMASIA

General Inquiries:
Lien Dimzon,
IPBA 2018 Manila Project Lead

+63 2 847 - 3500 local 304
info@ipba2018manila.com

Registration Inquiries:
Gena Esperanza,
IPBA 2018 Manila Registration Manager

+63 2 847 - 3500 local 305
delegates@ipba2018manila.com

Partnership Inquiries:
Marlon Saquing,
IPBA 2018 Manila Partnership Coordinator

+63 2 847 - 3500 local 310
partners@ipba2018manila.com

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