Prague 2005 International Bar Association Conference 25-30 September

Programme Page 2 PRACTICAL LAW COMPANY

Contents Contents IBA office Messages of Welcome 4 In addition to the Association’s senior Officers, staff from the IBA office in London will be attending the Daily Schedule of Sessions 7 Conference and would be happy to talk to delegates about any aspect of the Association’s work. Information for Newcomers 19 Executive Director Mark S Ellis Deputy Director; Director of Marketing International Bar Association 21 and Public Relations Tim Hughes Deputy Director – Policy Advisor / Showcase Sessions 22 Head of LPD Annabel Dunster Managing Editor General Interest 25 Paul Crick

Head of PPID / Deputy Head of LPD Wendelien Brada Working Sessions Human Rights Institute Director Fiona Paterson Legal Practice Division 27 Head of Conferences Julie Elliott Public and Professional Interest Division 73 International Bar Association 10th Floor, 1 Stephen Street London W1T 1AT, UK General Information 83 Tel: +44 (0)20 7691 6868 Fax: +44 (0)20 7691 6544 www.ibanet.org Venue Layout – Prague Congress Centre 85

Social Programme

Continuing Professional Development / Continuing Conference Events 89 Legal Education

The Conference has been accredited for 24 hours of CPD/CLE by the Law Committee Events 91 Society of England and Wales, the New York State Bar and the State Bar of California. Hotels 93 For delegates from other countries where CPD/CLE is mandatory, the IBA will be pleased to provide a Certificate Embassies and Consulates 95 of Attendance for this Conference. Subject to your Bar Association/Law Society, the Certificate may be used to Exhibition 96 obtain the equivalent accreditation in your jurisdiction. Certificates have been included in Exhibition Plan – 2nd Floor, PCC 99 delegates’ bags, which they receive upon registration and can be authenticated by staff at the Registration Desk. Subject Index 101

3 Messages of Welcome

From the IBA President From the Chair of the Legal Practice Division t is fitting that the IBA, the world’s largest international I he Legal Practice Division legal association, should choose (LPD) has spent months to have its Annual Conference T putting together topical in Prague, a city with a programmes for this year’s venerable past, a thriving Conference in Prague which, present and an exciting future. you will see, provides an The IBA brings together a opportunity to reflect on an truly exceptional and diverse international scale challenges group of people, and I am that we face in conducting our delighted to welcome all of you to this year’s Annual day-to-day practice. Conference. I welcome in particular those who have I draw your attention particularly to our Conference not experienced an IBA Conference before. Please do Showcase sessions, details of which can be found

Messages of Welcome feel free to talk to any of the Association’s Officers or on pages 22 and 23. Of equal importance are the a member of staff if you would like to learn more sessions run by the Sections, specialist Committees about the Association or if you want to get involved. and working groups. All volunteers are welcome to contribute to the work Aside from the hard work at the Conference of the Association and those who get involved find it Centre, I do hope that you take full advantage of the extremely rewarding both professionally and varied social programme on offer. I was closely personally. involved in the planning of the Gala Dinner and would A year on from the launch of the restructured urge you not to miss what will be a most spectacular Association, much has happened. One achievement of evening. which we should be particularly proud is our new Bar For those of you who are regular attendees, I look Issues Commission (BIC). Through the BIC, the IBA’s forward to seeing you again. For those attending an Member Organisations now have a forum to discuss IBA Conference for the first time, I welcome you and issues of common interest. The BIC is organising a hope that you get as much enjoyment professionally number of sessions here in Prague, which will be of and personally from the IBA as I have over the years. interest not only to representatives of our Member A particular welcome goes to the scholars who join us Organisations but also to private practitioners with an at the Conference. I am confident that this will be the interest in the profession’s global developments from first of many Annual Conferences you will attend, so a regulatory perspective. great is the benefit of attending. The programme offered to you in Prague is truly I wish everyone a fulfilling and enjoyable week. 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. Michael J Reynolds Chair, Legal Practice Division

Francis Neate President, International Bar Association

4 Messages of Welcome of Messages From the Chair of the From the Chief Justice of Public and Professional the Supreme Court of the Interest Division Czech Republic

he Public and Professional t is a great honour to have TInterest Division (PPID) Ithe opportunity of addressing provides sessions focusing the participants of the on public and professional International Bar Association’s developments within the Conference for two reasons. profession. We offer the First, I am very much aware of opportunity to ‘give something the importance of the issues back’, to contribute to activities which make up the Conference that support, inter alia: human programme. Secondly, we live in rights; bar issues; access to a complicated world today, a justice; judges; barristers; academics; women; world of conflict between good and evil in which that young and senior lawyers; ethics; corporate social conflict is becoming ever more intense, and evil hides responsibility; law firm management; legal education; behind good. In such a world, society is tempted and the development of the legal profession. to put restrictions on freedom that go beyond its Do visit the IBA’s membership stand to learn how fundamental meaning. It is obvious that freedom is you can participate in the IBA’s work. Work doesn’t not an empty notion, but a value of the greatest stop at the end of the Conference week, and your importance, defined by the protection of the rights active participation in our activities will be welcomed. and legitimate interests of the individual. Aside from keeping up to date with developments, The role of the lawyer is to protect the individual, do bear in mind that attendance at the Conference and for this reason I am more than happy to offer can help with CLE credits. In your conference bag my full support and best wishes to this year’s you will find a Certificate of Attendance, which I Conference being held in the capital of the Czech encourage you to get validated at the registration desk, Republic. Moreover, I am sure that the unique beauty so that you may obtain credits in your home country. of Prague will further guarantee the Conference’s I hope you have a wonderful week. success.

JUDr. Iva Brožová L Thomas Forbes QC Chief Justice of the Supreme Court of Chair, Public and Professional Interest Division the Czech Republic

Conference Host Committee

Chair The IBA would like to thank the following for their Martin Šolc Kocián Šolc Balaštík patronage of the Conference: Vladimira Glatzova Glatzova & Co Jan Matejcek White & Case Iva Brožová Chief Justice of the Supreme Court of the Czech Republic Marek Procházka Procházka Randl Kubr & Partners Carel Čermák Former Minister of Justice and former President Alexander Schwarz Gleiss Lutz of the Czech Bar Mikulas Touska Allen & Overy Vladimír Jirousek President of the Czech Bar Association Josef Vejmelka Vejmelka & Wünsch Pavel Rychetský President of the Constitutional Court of the Jana Wurstova Head of International Department, Czech Republic Czech Bar Association

5 Page 6 LEGALEASE

Daily Schedule of Sessions Daily Schedule of Sessions of Schedule Daily Working Sessions Working sessions will take place from SUNDAY 0930 – 1230 and 1400 – 1700 at Prague Congress Centre (PCC), Corinthia TIME EVENT LOCATION PAGE Towers Hotel and Holiday Inn Hotel. 1000 – 1800 Registration 1st Floor, PCC Please refer to the location map and meeting room layouts for the PCC on 1900 – 2230 Welcome Party Municipal House 89 pages 85 and 87. Coffee and tea break times: 1045 – 1115 and 1515 – 1545. Committee business meetings discuss future activities; members and Opening Ceremony non-members are welcome to attend. With the exception of the Cultural MONDAY 26 SEPTEMBER Issues Programme ‘The importance of 0900 – 1000 literature in the Czech Republic’, Congress Hall, PCC 1400 – 1700, Monday 26 September, guests are not entitled to attend Master of Ceremony working sessions. Martin Šolc Chair, Conference Host Committee

Speakers Dress Code Francis W Neate President, International Bar Association The dress code is casual for working Michael J Reynolds Chair, IBA Legal Practice Division sessions and smart casual for social events L Thomas Forbes QC Chair, IBA Public and Professional Interest Division with the exception of the Gala Dinner at Prague Castle, which is black tie or Keynote Speaker national dress. Václav Klaus President of the Czech Republic The IBA is honoured that the President of the Czech Republic, Social Programme Václav Klaus, has agreed to open the Conference. Full details of all Conference and Václav Klaus has been one of Eastern Europe’s most influential post- Committee events appear on pages 89 Communist leaders. The first finance minister of the Czech Republic after and 91. the fall of Communism in 1989, Klaus became Prime Minister in 1992 and All functions are open to delegates continued in the post after Czechoslovakia was dissolved (1993) and the and registered guests. Tickets for social Czech Republic became independent. He was elected Czech President in 2003. events, subject to availability, may be • purchased from the IBA registration desk. Delegates and their guests are invited to breakfast which will be served at the * Indicates functions open to delegates Prague Conference Centre from 0800 – 0900. Buses will transport delegates to and registered guests and for which the PCC from all the official Conference hotels (with the exception of The Holiday there is no charge. Admission is by Inn and Corinthia Towers Hotel) at 0730. Conference badges.

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 Balint Bassola, Hungary Liviu Diuzenus Petrina, Romania Natallia Kazlouskaya, Belarus Lea Feldmajer, Hungary Amalia Oana Stoica, Romania Simeon Iliev, Bulgaria Bernadett Karpati, Hungary Branislav Bogner, Slovak Republic Desislava Tabanlieva, Bulgaria Gediminas Almantas, Lithuania Martin Maxa, Slovak Republic Dominika Horvatova, Czech Republic Radvile Balcikonene, Lithuania Peter Slezak, Slovak Republic Leto Aeolie Cariolou, England Akvile Bosaite, Lithuania Jana Stelbacka, Slovak Republic Jacques Andy Isabelle, France Andrius Budvytis, Lithuania Carolina Just Miro, Spain Thies Bosling, Germany Robert Juodka, Lithuania Mercedes Romero Iglesias, Spain Simone Hartwig, Germany Aurica Lefter-Barcaru, Moldova Bunafsha Gulakova, Tajikistan Tomas Havelka, Germany Wozciech Kawczynski, Poland Hikmet Koyuncuoglu, Turkey Heike Lehmann, Germany Cristian Gavrila, Romania Altan Liman, Turkey Claudia Sebastiani, Germany Theodor Catalin Nicolescu, Romania Melda Toprak, Turkey Roland Stein, Germany Alexandru Penescu, Romania Maksym Hlotov, Ukraine

7 TIME TOPIC DETAILS UNDER LOCATION PAGE

MONDAY All day

0800 – 1730 Registration 1st Floor, PCC

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

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

MONDAY Morning

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

Daily Schedule of Sessions 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

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

Senior Lawyers’ lunch Senior Lawyers’ Group Bellevue Hall, 89 Corinthia Towers Hotel

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

MONDAY Afternoon

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

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

8 Daily Schedule of Sessions of Schedule Daily TIME TOPIC DETAILS UNDER LOCATION PAGE

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?

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 Corinthia Towers Hotel

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

MONDAY Evening

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

0830 – 1730 Registration 1st Floor, PCC

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 TIME TOPIC DETAILS UNDER LOCATION PAGE

TUESDAY All day (continued)

0930 – 1700 Public procurement United Nations and Other Meeting Room B, 79 Worldwide Organisations Holiday Inn Hotel

Restrictive covenants in employment contracts Employment and Club E, PCC 44 and other mechanisms for protection of Industrial Relations Law corporate confidential information

TUESDAY Morning

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

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

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

Daily Schedule of Sessions 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

TUESDAY Lunch

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

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

10 Daily Schedule of Sessions of Schedule Daily TIME TOPIC DETAILS UNDER LOCATION PAGE

TUESDAY Afternoon

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

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 Holiday Inn Hotel

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 Corinthia Towers Hotel

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

TUESDAY Evening

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

1930 Intellectual Property and Entertainment Law Palffy Palace 91 Committee dinner

11 TIME TOPIC DETAILS UNDER LOCATION PAGE

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 Committee dinner

WEDNESDAY Morning

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

WEDNESDAY All day

0830 – 1730 Registration 1st Floor, PCC

0930 – 1700 Aviation insolvency Insolvency, Restructuring and Conference Hall, PCC 47 Creditors’ Rights Section

Daily Schedule of Sessions 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

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 Corinthia Towers Hotel

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 Corinthia Towers Hotel

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

12

Daily Schedule of Sessions Sessions of of Schedule Schedule Daily Daily TIME TOPIC DETAILS UNDER LOCATION PAGE

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 Corinthia Towers Hotel

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 Corinthia Towers Hotel

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

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 Corinthia Towers Hotel

13 Daily Schedule of Sessions 90–13 B pnFrmCu ,PC21 Club C, PCC 14 0930 –1230 IBAOpenForum 0930 –1130 Morning THURSDAY 91 91 Current developmentsandfixedtopics Lvi Dvur 0930 –1700 0830 –1730 Dorotheum Tour & U Fleku IBAgolftournament 0800 –1700 Allday THURSDAY ArbitrationCommitteedinner FranchisingCommitteedinner International 2000 Art,CulturalInstitutionsandHeritageLaw 1945 1900 Evening WEDNESDAY Litigators’forumforcorporatecounsel 1400 – 1700 Afternoon WEDNESDAY IETPCDET TOPIC TIME eitain1stFloor, PCC The EuropeanCourtofHuman Rights Registration Digital rightsmanagement–wishfulthinking Insolvency, Restructuringand NEPAD: therole oflawyersintheAfrican Mediation andthelaw euiisLwCmitedne ard pr 91 91 Zahrada v opere Old fashionedornewfangled? or an(upcoming)revolution? La Scene Securities LawCommitteedinner dinner ConstructionProjects Committee International Section dinner CorinthiaTowers Hotel Committee andEuropean Forumtouranddinner compensation Victims andwitnesses:seriousviolationsof business The impactofregional tradeagreements on phenomenon? internet The emergenceof‘dynamicpackaging’travel distribution andagencyagreements Private equity:whattodo?Whatnot renaissance recreate acrashandwinlawsuit using computerandvideosimulations to Aircraft crashlitigationinvestigationtechniques: for thebusinesslawyer Young lawyerassociations‘summit the goinggetstough? Which procurement route copes bestwhenthe CorinthiaTowersHotel humanitarian law–representation and products: canthelawkeepupwiththishuge Termination andnon-renewals offranchise (continued) (tee-offtime0930) Creditors’ Rights Showcase Taxes ` Litigation Copyright and African RegionalForum Mediation International Construction Entertainment Law Human RightsLaw Trade andCustomsLaw Travel andLeisureSection Private Equity Aviation Law Young Lawyers Projects International Franchising ISUDRLCTO PAGE LOCATION AILS UNDER Forum Hall,PCC 65 Small Hall,PCC 91 French Restaurant 34 Meeting HallI,PCC aoasyDu ofCus 89 91 Darovansky DvurGolf Course Mlynec hme al C 51 Chamber Hall,PCC laa&Vsua 68 34 Vltava &Vistula, Club D,PCC ofrneHl,PC37 Conference Hall,PCC 58 28 66 Shannon &Clyde, South Hall,PCC 29 Club B,PCC Club H,PCC lbA C 61 Club A,PCC 81 North Hall,PCC 55 Terrace 1,PCC 23 Daily Schedule of Sessions of Schedule Daily TIME TOPIC DETAILS UNDER LOCATION PAGE

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 Corinthia Towers Hotel

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

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 Corinthia Towers Hotel

Legal Practice Division lunch Restaurant Gloria, PCC 89

15 Daily Schedule of Sessions 00ImgainadNtoaiyLwCmitedne aii91 89 V Zatisi Bellevue Hall, 16 Immigration andNationalityLawCommitteedinner 2000 Young Lawyers‘Reception 1715 Evening THURSDAY roundtable Aviation 1400 –1700 Europe Insolvencyreform inEastern 1400 –1600 Afternoon THURSDAY 1500 – 1800 IBA football match football IBA 1500 –1800 90Epomn n nutilRltosLwKmaPr 91 Kampa Park EmploymentandIndustrialRelationsLaw 1930 Openbusinessmeeting:project updatesand 1600 IETPCDET TOPIC TIME Developments inEuropean disclosure requirements Procuring GALILEOandmakingitwork – Due diligenceincapitalmarketsandother future programmes Enterprises withRegard toHumanRights Hotel Inn Holiday Turn contactsintoclients:fivesimplesteps The IBARulesofEvidencefiveyearslater managing outboundimmigrationprojects The globalisationofimmigrationlawpractice– private practice Sex discriminationinremuneration Europe installsitsnavigationsatellitessystem CorinthiaTowers Hotel Persuasive presentation techniquesinIPlitigation logistics contracts:managingtherisk supplychain Land transportandinternational outsourcing provider Half-day excursiontoPraguebusinessprocess financing transactions:thelawyer’s role Dispute resolution clauses–apracticalapproach and newsfrom around theworld nuac a omte inrPlf aaeRsarn 91 91 Palffy Palace Restaurant Hergetovacihelna dinner Technology ande-Commerce LawCommittee Maritime andTransport LawCommitteedinner Insurance LawCommitteedinner Committee dinner CorinthiaTowers Hotel Transnational CorporationsandOtherBusiness United NationsNormsontheResponsibilitiesof Succession andretirement issuesforlawyersin (kick-off 1600) Aviation Law Insolvency, Restructuring International Franchising Outer SpaceLaw Entertainment Law Securities Law Commercial Transactions and Creditors’RightsSection Creditors’ RightsSection General Interest Arbitration Nationality Law Immigration and Gender Equality Discrimination and Intellectual Propertyand Land Transport e-Commerce Law Technology and International SalesandRelated Corporate SocialResponsibility Senior Lawyers’Group Insolvency, Restructuringand ISUDRLCTO PAGE LOCATION AILS UNDER lbA C 61 47 Club A,PCC Club E,PCC en ie,56 Seine &Tiber, etn omD 53 Meeting RoomD, 43 Meeting HallV, PCC rnnoecnrmA 89 25 Treninkove centrumAC 33 46 South Hall,PCC Meeting HallI,PCC 44 Club B,PCC 50 Corinthia Towers Hotel Vltava &Vistula, 62 Club H,PCC Meeting HallIV, PCC 56 Panorama Hall,PCC rnhRsarn 91 French Restaurant Corinthia Towers Hotel Sparta Praha een&Tae,74 &Thames, Severn 79 Small Theatre, PCC lbE C 47 Club E,PCC 54 Daily Schedule of Sessions of Schedule Daily TIME TOPIC DETAILS UNDER LOCATION PAGE

THURSDAY Evening (continued)

2000 Committees on International Sales and Related Mlynec 91 Commercial Transactions and Product Law and Advertising joint dinner

Committees on Travel, Tourism and Hospitality French Restaurant 91 Law and Sports and Gaming Law joint dinner

FRIDAY All day

0900 International Construction Projects Committee The Drevcice 91 excursion

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

FRIDAY Morning

0830 – 1430 Registration 1st Floor, PCC

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

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

FRIDAY Afternoon

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

Information for Newcomers Newcomers for for Information Information

International Bar Association 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

• Enjoy access to a network of over 20,000 lawyers, • Have your voice heard – be part of the debate judges and corporate counsel including partners on international law reform and make your own from the world’s leading firms and counsel from contribution to the advance of cross-border law virtually all the world’s leading corporations. reform. • Generate new business and learn quickly who are • Show your support for rule of law and human the best firms and lawyers to do business with in rights around the world through the world body the world’s key cities. for your profession. • Discuss ‘hot issues’ and keep up to date on • Develop your knowledge and skills, interact with current legal issues at our wide range of different cultures and make friendships that will conferences – earn your quota of CPD/CLE points. last a lifetime. • Learn about key developments, new legislation and real-world issues faced each day by lawyers To find out more about IBA membership internationally through our series of magazines and please visit the IBA stand in the Exhibition Area journals. Use our huge online library of articles or contact the IBA Membership Department at and informed opinion on all legal specialisations. [email protected]

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.

• Please take your time to study the range of • You may find it beneficial to introduce yourself to sessions that are taking place at the Conference the Officers of Committees you have an interest in, so you can plan the best possible way to spend who will be more than happy to discuss any issues your time during the week – there are over you may have about the IBA or the Conference 150 sessions to choose from. The daily schedule itself. on pages 8-17 will help you map out your time. • Make sure you visit the Exhibition Area during the • Do take up the opportunity to step outside your week. There will be over 40 stands including the practice area and broaden your knowledge by IBA stand where you can learn how to gain the checking out some of the sessions tackling most from IBA membership, find out all the latest the wider global issues affecting the profession, information on the current work of the IBA and as well as those of direct relevance to your take time to familiarise yourself with the IBA practice area. website.

NEWCOMERS’ RECEPTION 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 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: [email protected]

International Bar Association International Bar Association Bar International

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. We look forward to seeing you there!

IBA MANAGEMENT BOARD

Officers Francis W Neate President Fernando Pombo Vice-President IBA FOUNDATION Fernando Peláez-Pier Secretary-General The Foundation is committed to supporting the rule of Michael J Reynolds Chair, LPD law by grants and providing other assistance to a wide David W Rivkin Vice-Chair, LPD range of educational and other projects. Charles H H Lawton LPD and IBA Treasurer L Thomas Forbes QC Chair, PPID Martin Šolc Vice-Chair, PPID Open Forum and Reception Robert Stein PPID and IBA Assistant Treasurer Following its annual meeting, the Foundation’s Trustees invite all Conference attendees to a special Open Forum to: Other Members • learn about the work and mission of the Foundation; Emilio Cárdenas Co-Chair, HRI • hear from some of our grant recipients; Richard Goldstone Co-Chair, HRI • share your thoughts about specific needs or projects of Akira Kawamura Chair, BIC, Bar Representative which you are aware, and any areas of expertise you may Hendrik Haag LPD Representative be able to contribute to the Foundation’s activities; and Sylvia Khatcherian LPD Representative • tell us about other organisations with which you are associated, and opportunities for collaboration. Reinier Lock LPD Representative After the Open Forum, please join the Trustees for coffee Anne Ramberg Bar Representative with the IBA leadership. Sam Okudzeto Bar Representative 1130 – 1300 MONDAY George Seward Honorary Life President Terrace 1, PCC

21 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 How far can laws reach? and competition law The problem of by private parties extraterritoriality Session Chair Session Co-Chairs Jacques Buhart Herbert Smith, Paris/Brussels; IBA Nominations Charles H Lawton Rio Tinto Plc, London, England; IBA Treasurer Committee David W Rivkin Debevoise & Plimpton LLP, New York, USA; EU law and competition law grant certain rights to private Vice-Chair, Legal Practice Division parties through directives and regulations as well as the As globalisation continues to shrink the commercial world, European Union Treaty. Recently, many private parties seek governments and courts are increasingly seeking to extend their damages for conduct in breach of competition law, such as reach beyond national borders. The ever-widening scope of the

Showcase Sessions cartels or abuse of dominant position, not only in the European activities caught in these jurisdictional battles is causing dismay Courts in Luxemburg, but also in national courts. The amount within the international business community. From its origins in of damages awarded has substantially increased, but US antitrust law, many jurisdictions now impose the substantive and procedural difficulties remain. Also Member extraterritorial application of domestic law over a myriad of States and national authorities sometimes fail to implement or issues in the fields of banking, securities, transport, tax, observe rules of EU law which private parties wish to enforce. telecommunications, trade sanctions and even human rights. Further, authorities and national courts may need guidance in Instances of states seeking to impose their domestic law on the application of EU law and competition law when enforcing foreign trade are not hard to find. Apart from the well-known private rights. Private parties may also need to confirm or antitrust cases involving Boeing/McDonald Douglas, GE/ contest the validity of contractual provisions that may constitute Honeywell and Microsoft, the US Helms-Burton Act, which illegal competition restrictions. imposes criminal liability on foreign nationals trading with This showcase discusses the channels available for private Cuba, and the EC Privity Directive, which controls the holding of parties to enforce EU law and competition law, be it in relation personal data outside the EC, have also caused consternation to Member States, authorities or other private parties. among companies operating outside the issuing jurisdiction. • Is such enforcement effective in practice? Arguably, Sarbanes-Oxley, dealing with securities law, and the • Are the rights and remedies of private parties sufficient? OECD Convention on Bribery and Corruption are other • Are the channels available suitable for enforcement examples of significant extraterritorial exertion. The US Supreme purposes? Court has also recently upheld an 18th century Act of the first • What common issues and problems arise in enforcement US Congress, the Alien Tort Statute, as permitting US courts to through such channels? hear human rights cases involving non-US citizens outside the • Where are we going with private enforcement of competition US, although it significantly limited the application of the Act law in the EU and US? from what had been permitted by lower courts. • What are the early-stage concerns in EU law enforcement in While governments have an interest in effectively applying the new Member States? their laws, this trend also poses a threat to international trade. Speakers It creates a climate of uncertainty. It may expose companies and Emil Paulis Director, DG Competition, European Commission, individuals to prejudiced and unfair treatment in foreign courts Brussels, Belgium and can even result in companies facing conflicting legal Christian Wik Roschier Holmberg, Helsinki, Finland requirements. The overall effect is to discourage overseas Mark Brealey Brick Court Chambers, London, England foreign investment which, in turn, leads to lower growth and Lloyd Constantine Constantine Cannon, New York, USA lower employment. Tomasz Wardynski Wardynski & Partners, Warsaw, Poland The speakers on this showcase will focus on the conflicting Iñigo Igartua Gomez-Acebo Pombo, Barcelona, Spain; interests of the governmental and business communities and Vice-Chair, Antitrust contrast the different approaches adopted in a variety of 1030 – 1230 MONDAY jurisdictions. They will analyse the applicable international law Forum Hall, PCC 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 inter- governmental 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

22 Showcase Sessions Showcase Speakers James Rayis PC Sokolow Carreras Lemoine & Partners, Atlanta, Nicola Bonucci OECD, Paris, France Georgia, USA Thomas J Brandt Managing Counsel, Shell Oil Company, 0930 – 1230 THURSDAY Houston, Texas, USA Forum Hall – Parter, PCC 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 The lawyer’s role in society: Janeiro, Brazil perception of core values Nicolai von Ruckteschell Senior Vice-President and General Counsel, Lufthansa, Frankfurt am Main, Germany Presented by Development of the Legal Profession and Elpidio Villarreal Associate General Counsel-Litigation, Schering- the Bar Issues Commission Plough Corporation, Kenilworth, New Jersey, USA Session Co-Chairs Judge Diane P Wood United States Court of Appeals, Chicago, Malcolm Wallis SC Durban, South Africa; Vice-Chair, Bar Issues Illinois, USA Commission; Council, Public and Professional Interest Division 0930 – 1230 WEDNESDAY Lord Daniel Brennan QC Matrix Chambers, London, England; Forum Hall, PCC Co-Chair, Development of the Legal Profession Willem Calkoen NautaDutilh, Rotterdam, the Netherlands; Co-Chair, Development of the Legal Profession This annual, highly interactive session allows experts, including The European Court of Human Bar Leaders and leading individual legal practitioners, to address hot topics affecting the legal profession and the Bars. Rights for the business lawyer This year’s session will approach the lawyer’s role in society Presented by the Human Rights Institute and European from the angle of the perception of core values in society. Forum The session will focus on the legal profession’s core values as essential cornerstones of a just, free and democratic society. Session Co-Chairs After years of discussion within the profession, this session will Ambassador Emilio Cárdenas Former Permanent Representative centre around a discussion, led by a journalist, in which to the United Nations for Argentina, Buenos Aires, Argentina; representatives of the profession defend its core values to Former IBA President; Co-Chair, IBA Human Rights Institute representatives of its clients and the media. Judge Elisabet Fura-Sandström European Court of Human Rights, Strasbourg, France Speakers Steve Lipin Former Editor, Wall Street Journal, London, England In the wake of the abolition of totalitarian systems in Europe, Stewart White Former Policy Director, Vodafone, Berkshire, the abuse of power by governmental institutions now may take England place in the area of commercial activities. This session is an attempt to contribute to the development of the scope of 1400 – 1700 FRIDAY protection offered to European citizens by the European Panorama Hall, PCC 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

23 Page 24 PRACTICAL LAW COMPANY General Interest Developing your practice Interest General Pippa Blakemore BSc PGCE, of the PEP Partnership, will be leading three separate sessions on ways in which your practice can be developed.

• talk about fees without embarrassment; • allocate time to marketing productively; and Give a winning presentation • win new business. By the end of the session you will have given a presentation in 1400 – 1700 THURSDAY which you know how to: South Hall, PCC • 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; Increase the value of current • keep to time; • handle awkward people; clients: the R-A-I-N-B-O-W approach • answer difficult questions; Your current clients can be your greatest ambassadors and your • gain confidence; greatest source of new work. We will develop strategies to: • learn how to overcome your nerves; • increase the quality and quantity of work from your clients; • develop great voice projection and confident body language; • find out what clients want and expect; • use your notes and visual aids effectively; and • meet those expectations; • convert all this hard work into new business. • make clients feel unique and special; 0930 – 1230 WEDNESDAY • provide ‘added value’; South Hall, PCC • anticipate and prevent problems; • deal with difficult clients; • handle complaints productively; • monitor client satisfaction; Turn contacts into clients: • handle difficult fee discussions; • cross-sell from your firm into the client; five simple steps • prepare a client relationship management strategy and plan; and This session will help you to: • implement your client relationship strategy. • turn more contacts into clients; 0930 – 1230 FRIDAY • expand your practice into those areas you want; Panorama Hall, PCC • 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; CULTURAL ISSUES PROGRAMME • give you a reason to telephone someone you have met; • overcome your own resistance to following-up contacts; All delegates and their registered guests are invited to • convey key messages about your firm; attend a Cultural Issues Group Lunch being held prior • maintain a relationship – even with no work. 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

AMERICAN BAR ASSOCIATION The importance of literature in the Czech Republic One of the most celebrated authors in the history of the Breakfast Czech Republic, Arnost Lustig, will give a keynote speech on ‘The importance of literature in the Czech Republic’. Michael H Byowitz Chair, ABA Section of International Law Arnost Lustig is the first Czech writer to have been nominated Kenneth B Reisenfeld Immediate Past Chair and IBA Liaison, for the Pulitzer Prize (for his novel Lovely Green Eyes in 2003). ABA Section of International Law He is a two-time winner of the Jewish National Book Award, Come and meet top American Bar Association (ABA) and holder of Lifetime Achievement Karel Capek Award and other Section of International Law leadership at a complimentary prestigious literary and film awards, including an Emmy Award Welcome Breakfast sponsored by the ABA Section of as co-author of a screenplay for documentary Precious Legacy. International Law. Named Knight of the Order of Mark Twain, he was hailed by Hear about the latest developments in ABA initiatives the Literary Review of London as ‘the best living Czech author involving issues that affect our Profession and the Rule of Law. . . . his work calls for the Nobel and all other literary prizes’. Information on upcoming ABA activities will also be provided. 1400 MONDAY 0800 – 0930 TUESDAY Bar Association of the Czech Republic, Bellevue Hall, Corinthia Towers Hotel Narodni Trida 16

25 Page 26 LEGAL WEEK Working Sessions

Legal Practice Division WorkingSessions

John Thorne Senior Vice-President, Verizon Communications Inc, Antitrust and Trade Law Section Arlington, Virginia, USA Deirdre Trapp Freshfields Bruckhaus Deringer, London, England 0930 – 1230 TUESDAY Antitrust Small Hall, PCC Chair Distribution strategies and antitrust Stephen Kinsella Brussels, Belgium Joint session with International Sales and Related Commercial Transactions. See page 56 for details. Mergers: evidence and burden of proof 1400 – 1700 TUESDAY Session Co-Chairs Small Hall, PCC Bruno Ciuffetelli Hoet Peláez Castillo & Duque, Caracas, Venezuela; Senior Vice-Chair, Antitrust A LUNCH will be held for Committee members and guests. Neil Campbell McMillan Binch Mendelsohn LLP, Toronto, Ontario, See page 91 for details.

Canada; Secretary, Antitrust 1230 WEDNESDAY Legal Practice Division Practice Legal Regulators and private practitioners face the challenge of proving the good and bad aspects of a proposed merger. The arguments Digital rights management – wishful thinking supporting the definition of the relevant market, the dynamic of or an (upcoming) revolution? competition in a defined market, the barriers to entry and the Joint session with Copyright and Entertainment Law. economic and social efficiencies, need to be supported by evidence See page 51 for details. from customers and competitors. Regulators and practitioners from 0930 – 1700 THURSDAY different parts of the world will be discussing issues related to various types of evidence and the standard of proof demanded in Chamber Hall, PCC merger cases. The challenges of introducing antitrust regimes Speakers The Honourable Judge Vaughn Walker United States District Court, Session Co-Chairs San Francisco, California, USA Cani Fernández Cuatrecasas, Brussels, Belgium; Newsletter Editor, Marcelo Calliari Tozzini Freire Teixeira e Silva Advogados, São Paulo, Antitrust Brazil Pieter Steyn Werksmans, Sandton, Johannesburg, South Africa; Ilene Knable Gotts Wachtell Lipton Rosen & Katz, New York, USA Newsletter Editor, Antitrust Thomas Mueller Wilmer Cutler Pickering Hale & Dorr LLP, Recent years have seen a dramatic growth in the number of Washington DC, USA jurisdictions worldwide with merger and antitrust laws. Many are Alan Ryan Freshfields Bruckhaus Deringer LLP, Washington DC, USA based on the US or EU models or have gone for more tailor-made Michel Struys Allen & Overy LLP, Brussels, Belgium solutions. However, there are a number of challenges when seeking 1400 – 1700 MONDAY to introduce such laws into countries that have no well-established Small Hall, PCC culture or tradition of antitrust control. The expert panel will draw on the experiences of regulators and practitioners to examine the Duty to deal with others – the limitations of pitfalls and opportunities, with particular emphasis on the countries of Eastern Europe including new entrants to the European Union. competition law Speakers Session Co-Chairs Dorothy Hansberry-Biegunska Wardyński & Partners, Warsaw, Ronan Harty Davis Polk & Wardwell, New York, USA; Vice-Chair, Poland Antitrust Blanca Rodríguez Galindo Head of the International Relations Unit, Gregory McCurdy Microsoft Corporation, Redmond, Washington, European Commission, Brussels, Belgium USA; Website Coordinator, Antitrust George Metaxas Hogan & Hartson, Brussels, Belgium What limits can competition law place on freedom of association? Arthur Braun Haarmann Hemmelrath, Prague, Czech Republic Can companies be compelled to supply their competitors? Can they Stephen Weissman Howrey LLP, Washington DC, USA be forced to license their valuable intellectual property even though Josef Bednár Office for the Protection of Economic Competition, patents and copyrights give them the right to refuse to license it? Prague, Czech Republic When does refusal to supply constitute an abusive practice? 0930 – 1230 FRIDAY Speakers will look in particular at the contrasting approach on Terrace 1, PCC 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

27 Incentives for management and directors very often play a crucial role in successful M&A transactions. Success premiums, retention Trade and Customs Law packages and golden parachutes are well-known tools for Chair ascertaining the full commitment of key individuals in a deal. Debra Steger University of Ottawa, Ottawa, Ontario, Canada As various highly publicised cases demonstrate, the risks of breaches of fiduciary duties vis-à-vis the company and its The impact of regional trade agreements shareholders, conflicts of interest, reputation losses and even on business criminal charges are high. The speakers will examine employment matters to be reviewed Session Co-Chairs before and after completion of a transaction, the intrinsic principle/ Dan Horovitz Squire Sanders & Dempsey, Brussels, Belgium; agency problems, corporate governance matters and incentives Vice-Chair, Trade and Customs Law such as golden parachutes, success fees, long-term employment Brenda Swick McCarthy Tétrault LLP, Ottawa, Ontario, Canada; contracts, etc. Secretary, Trade and Customs Law Using case studies, the session will not only deal with these issues With 25 states sharing a market increasingly resembling that of a but will also shed light on existing factual and legal differences in single state, the enlarged European Union far exceeds the scope of various jurisdictions. trade liberalisation originally envisaged by the GATT for regional

Working Sessions Working Speakers trade agreements. There has been a remarkable proliferation of Thomas Bücker Freshfields Bruckhaus Deringer, Frankfurt am Main, regional trade agreements in recent years, and countless new free Germany trade agreements are being negotiated in Asia and other parts of Scott D Newman Kirkpatrick & Lockhart Nicholson Graham LLP, the world. Not all of these initiatives meet the legal standards New York, USA established by the WTO. Importantly, the Consultative Board of John Farr Herbert Smith, London, England ‘eminent persons’ appointed by the WTO’s Director General E Johan Lubbe Jackson Lewis LLP, New York, USA concluded recently that the proliferation of regional trade agreements could have a negative impact on the multilateral Lorenzo Olgiati Schellenberg Wittmer, Zurich, Switzerland trading system. Deborah Prince Tesco Stores Ltd, Cheshunt, England The panel of experts will assess the strategic implications for Chisako Takaya Mori Hamada & Matsumoto, Tokyo, Japan business of the explosion of regional trade and investment agree- Els de Wind Van Doorne, Amsterdam, the Netherlands ments, including the dramatic enlargement of the European Union. Gerlind Wisskirchen CMS Hasche Sigle, Cologne, Germany Speakers 1400 – 1700 MONDAY Petr Ondrusek Legal Services, European Commission, Brussels, Meeting Hall I, PCC Belgium Gerhard Erasmus TRALAC, Stellenbosch, South Africa A DINNER will be held for Committee members and guests. Mauro Berenholc Pinheiro Neto Advogados, São Paulo, Brazil See page 91 for details. Juro Nakagawa Tokyo Keizai University, Tokyo, Japan 2030 MONDAY Clifford Sosnow Blake Cassels & Graydon LLP, Ottawa, Ontario, Canada Anant Swarup Ministry of Commerce & Industry, Government of Judicial oversight of director action: India, New Delhi, India legal, management and investor perspectives Wang Xuehua Beijing Huanzhong & Partners, Beijing, People's Joint session with Litigation. Republic of China 1400 – 1700 WEDNESDAY Session Co-Chairs South Hall, PCC Samuel A Nolen Richards Layton & Finger PA, New York, USA; Secretary, Business Organisations A DRINKS RECEPTION will follow the session in the Forum Hall Markus Koehnen McMillan Binch Mendelsohn LLP, Toronto, Foyer, PCC. Ontario, Canada; Membership Officer, Litigation 1700 WEDNESDAY 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 Corporate Law Section 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 decision- making and what this portends for the investment and legal Business Organisations communities. Co-Chairs Speakers Jaime Carey Carey y Cía, Santiago, Chile The Honourable Myron T Steele Chief Justice, Supreme Court of John G Finley Simpson Thacher & Bartlett, New York, USA Delaware, Dover, Delaware, USA John M Baker CP Ships Ltd, Gatwick, England Compensation for management and directors Stefan Rützel Gleiss Lutz, Frankfurt am Main, Germany in M&A transactions Martin I Kaminsky Pollack & Kaminsky, New York, USA Joint session with Employment and Industrial Relations Law. Robert Němec Prochazka Rankl Kubr, Prague, Czech Republic Session Co-Chairs 0930 – 1230 TUESDAY Felix R Ehrat Bär & Karrer, Zurich, Switzerland; Vice-Chair, Business Meeting Hall I, PCC Organisations Salvador del Rey Cuatrecasas, Barcelona, Spain; Vice-Chair, Employment and Industrial Relations Law

28 Legal Practice Division Practice Legal Running your first cross-border M&A transaction • post-acquisition issues such as buying out minorities and Session Co-Chairs financing considerations. Per Berglöf Delphi & Co KB, Stockholm, Sweden; Vice-Secretary, Speakers Business Organisations Christian Cascante Gleiss Lutz, Stuttgart, Germany; Vice-Chair, Oliver Triebold Schellenberg Wittmer, Zurich, Switzerland; Website Mergers and Acquisitions Coordinator, Business Organisations Bonnie Greaves Shearman & Sterling LLP, London, England This session will be based on a case study directed at lawyers who Chris Ashworth Ashurst, London, England are less experienced in cross-border M&A transactions and will John Williamson-Noble Gilbert & Tobin, Sydney, New South Wales, demonstrate how a cross-border transaction is structured and how Australia; Vice-Chair, Business Organisations it is handled by the legal advisers for the purchaser and vendor. Hector Mairal Marval O’Farrell & Mairal, Buenos Aires, Argentina The session will comprise two parts, in which experienced lawyers 0930 – 1230 FRIDAY in the M&A field will give their views on the following issues: Club H, PCC Part I • defining the role of the lead attorney and the relationship with in-house legal counsel; Private Equity • forming your cross-border legal team; • use of local counsel; Chair • cross-border legal due diligence; Gisele Rosselle White & Case LLP, Brussels, Belgium • structuring the acquisition agreement; and • language and legal terminology. Private equity: what to do? What not to do? Part II Session Chair • conflict of laws; Gisele Rosselle • dispute resolution; The following hot topics in private equity will be explored: • purchase price definitions and calculations; • new and innovative products and trends in types and sectors of • structure of payment; private equity investment; • representations and warranties; • the impact of capital adequacy rules on private equity; • indemnities; • how to deal with financial assistance challenges; • competition issues; and • stapled finance in private equity transactions; • signing and closing procedures. • new trends in exit routes; Speakers • the rise of the secondaries market – evolution or flash in the pan? Graham Wladimiroff Akzo Nobel NV, Arnhem, the Netherlands • new incentives for private equity managers; Andrew Wigfall Nabarro Nathanson, London, England; Chair, • managing conflicts of interest; and Current Legal Developments • learning lessons from mistakes in the past. Jeffrey Tindell Skadden Arps Slate Meagher & Flom LLP, New York, Speakers USA Marie-Annick Peninon-Bernard EVCA, Brussels, Belgium Vivien Chan Vivien Chan & Co, Shanghai, People’s Republic of Bo Söderberg Nordic Capital, Stockholm, Sweden China; Conference Coordinator (Asia), Business Organisations; Filippo Cardini TowerBrook Capital Partners (UK) LLP, London, Vice-Chair, Complex Acquisitions England Ezra Davids Bowman Gilfillan Inc, Sandton, Johannesburg, South Vivian Chan Vivian Chan & Co, Hong Kong SAR; Vice-Chair, Asia Africa; Vice-Chair, Current Legal Developments Pacific Forum José Luis de Salles Freire Tozzini Freire Teixeira e Silva Advogados, Richard Hall Cravath Swaine & Moore LLP, New York, USA São Paulo, Brazil Stuart L Mills Kirkland & Ellis International LLP, London, England Sascha Stepanova Kocián Šolc Balaštík, Prague, Czech Republic 1400 – 1700 WEDNESDAY Sergio Sánchez Solé Garrigues, Barcelona, Spain; Newsletter Editor, Club H, PCC Business Organisations 1400 – 1700 TUESDAY Meeting Hall I, PCC Current Legal Developments International corporate takeovers – Chair pitfalls and tips Andrew Wigfall Nabarro Nathanson, London, England Joint session with Securities Law. Recent developments in M&A law Session Chair Paul White A&L Goodbody, Dublin, Ireland; Treasurer, Business Session Chair Organisations Andrew Wigfall This session will take the form of a worked example and discussion The session will consider recent changes in M&A law and practice on issues arising in hostile and contested takeover situations. throughout a number of jurisdictions. The session will deal with: Speakers • defensive strategies for the target at pre-bid stage; Ellisa Habbart Delaware Counsel Group LLP, Wilmington, Delaware, • procedural and substantive issues and requirements surrounding USA the approach; Alberto Echarri Mullerat, Madrid, Spain • issues for the directors of the target (including what duties they Richard Fens DLA SchutGrosheide NV, Amsterdam, the Netherlands owe to whom and how they deal with requests for exclusivity, Martin Šolc Kocián Šolc Balaštík, Prague, Czech Republic; Vice- recommendation, irrevocable commitments, break fees and Chair, Public & Professional Interest Division costs); and

29 Gareth Driver Werksmans Inc, Sandton, Johannesburg, South A case study of a family business will be presented at the session Africa and will give the audience an opportunity to discuss succession Sakate Khaitan ALMT Legal, London, England issues. Philip Henderson Stikeman Elliott, Toronto, Ontario, Canada; Vice- Speakers Chair, Business Organisations Peter Leach Chairman, BDO Stoy Hayward, London, England 0930 – 1230 THURSDAY Alexander Scott Chairman, Sand Aire Investment Management, South Hall, PCC London, England Stephan H Coonrod Preston Gates & Ellis LLP, Seattle, Washington, USA James O’Neal Rutan & Tucker LLP, Costa Mesa, California, USA Closely Held and Growing John Williamson-Noble Gilbert & Tobin, Sydney, New South Wales, Australia; Vice-Chair, Business Organisations Business Enterprises Robert Falvey Minter Ellison Rudd Watts, Auckland, New Zealand Chair 0930 – 1230 WEDNESDAY Beat M Barthold Froriep Renggli, Zurich, Switzerland Club H, PCC Working Sessions Working A DINNER will be held for Committee members and guests. See page 91 for details. 2030 MONDAY Criminal Law Section

Buy-out of a private owner of a business Corporate criminal liability – the CEO in the dock enterprise Session Chair Session Co-Chairs Bruce Maloy Maloy & Jenkins, Atlanta, Georgia, USA; Beat M Barthold Chair, Criminal Law Alberto Navarro G Breuer, Buenos Aires, Argentina; Secretary, This session, calling upon the experience of lawyers who have Closely Held and Growing Business Enterprises prosecuted and defended corporate criminal cases, will examine This session will address the following: current trends in corporate criminal prosecutions, theories of • exit strategies of private companies; corporate liability, and the decision-making process in bringing • dealing with and relationship with other private shareholders of charges against entities as well as individuals in these complex the business enterprise and its management; matters. • conflict of interest situations related to the private owner; Speakers • responsibilities and liabilities of the private owner as manager as Carmen Dowd Crown Prosecution Service, London, England well as shareholder of the business enterprise; Jorge Nemr Leite Tosto e Barros, São Paulo, Brazil • minority protection; and François Serres François Serres & Associates, Paris, France • insider dealings. William R Mitchelson Alston & Bird LLP, Atlanta, Georgia, USA Speakers 0930 – 1230 FRIDAY Beat M Barthold Club B, PCC Alberto Navarro Charles D Schmerler Fulbright & Jaworski LLP, New York, USA Susanne Margossian Cabinet Cimadevilla, Paris, France Thomas Kaiser-Stockmann Mannheimer Swartling, Berlin, Germany 0930 – 1230 TUESDAY Business Crime Club D, PCC Co-Chairs Ben Brandon Chambers of Clive Nicholls QC, London, England Succession of family-owned businesses: Stéphane Bonifassi Lebray & Partners, Paris, France someday all this will be yours . . . Session Co-Chairs Offshore tax sheltering schemes: David O’Donnell Mason Hayes & Curran, Dublin, Ireland; fair means or foul? Vice-Chair, Closely Held and Growing Business Enterprises Session Chair James Chatfield Rawlinson Butler, Crawley, England; Vice-Chair, Peter Binning Corker Binning UK, London, England; Vice-Chair, Business Organisations Business Crime This session will focus on the complex set of options that family As offshore tax sheltering schemes increase in sophistication, and businesses face when addressing succession. revenue services and regulators grow ever more aggressive in their Peter Leach, chairman of the BDO Centre for Family Business, is pursuit of the authors and beneficiaries of such schemes, are one of the UK’s leading experts in the field of family business. Peter business crime lawyers required to become tax experts? This session will share his experiences and views on the challenges of succession examines the interaction between tax law and criminal law, the and offer practical insights to business lawyers as to the role they opportunities for cooperation between lawyers and experts alike, might play in developing and monitoring the implementation of a and discusses recent innovations in the criminal justice systems of a succession plan. number of countries that permit the prosecution of such schemes. Alex Scott, chairman of Sand Aire Investment, is involved in Speakers strategic family wealth management. Alex will give us a practical Maurice Martin Tarlo Lyons, London, England insight into the sale of family businesses, based on his experience of Justin A Thornton Law Offices of Justin Thornton, Washington DC, leading the sale in the mid-1990s of his family business, Provincial USA; Vice-Chair, Business Crime Insurance, which was founded in 1903.

30 Legal Practice Division Practice Legal Marc Henzelin Lalive Avocats, Geneva, Switzerland Roberto Pisano Astolfo Di Amato e Associati, Milan, Italy; Secretary, Dispute Resolution Section Business Crime Jana Felixova Felix A Spol Attorneys at Law, Prague, Czech Republic Privilege and professional secrecy Oonagh Vaucrosson Department of Public Prosecutions, Hamilton, Joint session with the Corporate Counsel Forum. Bermuda This session will compare the rules protecting communications with 0930 – 1230 TUESDAY lawyers. The first part will discuss the model followed in most civil Vltava & Vistula, Corinthia Towers Hotel law countries, in which lawyers and clients are bound by rules of professional secrecy, and communications between opposing When the raid begins – crisis management lawyers are confidential – and the status of company lawyers in that regime. The second part will address the common law model, in Session Chair which the rules protecting communications between lawyers and Stéphane Bonifassi clients are shaped by intrusive discovery and questioning in court. A company has been raided by a regulator, the police or a The third part will address EU law, with special attention paid to prosecutor’s office. the exclusion from protection of communications with lawyers This session will discuss cutting-edge tactics deployed by lawyers employed by a corporate client and with lawyers who do not (either external or in-house) in the immediate aftermath of a raid belong to a member-country Bar. on the following issues: • organising the defence of the company; I The Civil Law Model • possible coordination of company defence with independent Session Co-Chairs lawyers for employees or directors; Martin Bernet Schellenberg Wittmer, Zurich, Switzerland • dismissal of employees or directors; Dominique Brown-Berset Lalive, Geneva, Switzerland; Co-Chair, • conducting internal investigations; Arbitration • preparing employees for interviews with external investigators; • professional secrecy; • internal communication; • confidentiality among lawyers; • dealing with the media; and • the status of the company lawyer; and • negotiations with third parties. • the physical reach of professional secrecy. These tactics will be discussed in practical and problem-oriented Speakers presentations. Sabine Lochmann Johnson & Johnson, Paris, France Speakers Osvaldo Jorge Marzorati Allende & Brea, Buenos Aires, Argentina; Dan Conaway Conaway & Strickler, Atlanta, Georgia, USA Council, Legal Practice Division Rod Fletcher Russell Jones & Walker, London, England Bernhard Meyer-Hauser Meyer Müeller Eckert Partners, Zurich, Ira Nishisato Borden Ladner Gervais LLP, Toronto, Ontario, Canada Switzerland Kai Hart-Hoenig Rechtsanwalt, Wiesbaden, Germany Lubos Tichy Squire Sanders & Dempsey LLP, Prague, Czech Republic Clemente Perrone Da Zara Parmalat SpA, Parma, Italy 1400 – 1700 TUESDAY II The Common Law Model Vltava & Vistula, Corinthia Towers Hotel Session Co-Chairs José Astigarraga Astigarraga Davis, Miami, Florida, USA; Vice-Chair, Arbitration Nicola Mumford Wragge & Co LLP, London, England; Co-Chair, Litigation Criminal Law • intrusive discovery; • attorney-client communications – legal advice privilege; Chair • litigation privilege – work product immunity; Bruce Maloy Maloy and Jenkins, Atlanta, Georgia, USA • the English Three Rivers decision; • Section 1782 of the US Judicial Code (discovery in aid of Trafficking in humans for cheap labour and proceedings abroad); and sex tourism • the impact of Sarbanes-Oxley and similar legislation. Joint session with Travel, Tourism and Hospitality Law. Speakers See page 67 for details. Katherine Birmingham Debevoise & Plimpton LLP, London, England 0930 – 1230 WEDNESDAY Philip Croall Freshfields Bruckhaus Deringer, London, England Club B, PCC Dushyant Dave Senior Advocate, Supreme Court of India, New Delhi, India Locate the loot: transnational asset tracing Christopher Grierson Lovells, London, England Joint session with Family Law. See page 57 for details. John P Stigi III Wilson Sonsini Goodrich & Rosati, San Francisco, California, USA 0930 – 1230 WEDNESDAY Chamber Hall, PCC III Privilege and professional secrecy in cross-border litigation and international arbitration International adoption – the good, the bad Session Co-Chairs and the ugly José Astigarraga Joint session with Family Law. See page 58 for details. Martin Bernet 0930 – 1230 THURSDAY • conflict of legal privileges in international arbitration; Vltava & Vistula, Corinthia Towers Hotel • 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 Abby Cohen-Smutny White & Case LLP, Washington DC, USA • impact on cross-border evidence taking. Gabrielle Kaufmann-Kohler Schellenberg Wittmer, Geneva, Speakers Switzerland 0930 – 1230 TUESDAY A combination of speakers from sessions I and II and Meeting Hall IV, PCC Hans Bagner Vinge, Stockholm, Sweden

IV The European Union quandary European application of the UNCITRAL Model Session Co-Chairs Law on Arbitration Jean-Claude Najar GE Power Systems Oil & Gas, Florence, Italy; Session Chair Vice-Chair, Corporate Counsel Forum Antonias Dimolitsa Antonias Dimolitsa & Associates, Athens, John Townsend Hughes Hubbard & Reed LLP, Washington DC, Greece; Vice-Chair, Arbitration USA; Chair, Mediation Some European countries have adopted the UNCITRAL Model Law • the context: ‘dawn raids’ as intrusive as discovery; as such, with no or slight changes or additions. Others have their • independence: what about company lawyers? own arbitration systems, which may or may not be influenced by • Member State Bar: what about lawyers in the rest of the world? the Model Law. Speakers The session will examine the divergence between the different Working Sessions Working Jacques Buhart Herbert Smith, Paris, France; IBA Nominations systems and the Model Law. Furthermore, it will examine the way Committee European countries that have adopted the UNCITRAL Model Law Jan Eijsbouts Akzo Nobel, Arnhem, the Netherlands; Co-Chair, apply specific provisions of the Model Law, for example interim Corporate Counsel Forum measures or court assistance. Emil Paulis Director of DG Competition, European Commission, Moderators Brussels, Belgium Antonias Dimolitsa 1030 – 1700 MONDAY Klaus Sachs CMS Hasche Sigle, Munich, Germany; Vice-Chair, Panorama Hall, PCC Arbitration A CONCERT, sponsored by Debevoise & Plimpton LLP, Hughes Speakers Hubbard & Reed LLP, Lalive, Nishimura & Partners, Von Wobeser y Carita Wallgren Roschier Holmberg, Helsinki, Finland Sierra SC, Clifford Chance, Coudert, Astigarraga Davis and Haver Stefano Azzali Chamber of National & International Arbitration, & Mailaender, will be held for Section members and guests. Milan, Italy See page 91 for details. David J A Cairns B Cremades y Asociados, Madrid, Spain 1800 MONDAY Piotr Nowaczyk Salans, Warsaw, Poland Church of St Simon and St Jude, Prague Eva Horváth The Arbitration Court, Hungarian Chamber of Commerce & Industry, Budapest, Hungary Sovereignty issues in litigation and arbitration Ivan Marisin Clifford Chance CIS Ltd, Moscow, Russian Federation in Latin America José Miguel Júdice PLMJ – AM Pereira Saragga Leal Oliveira Martins Júdice e Associados, Lisbon, Portugal Joint session with the Latin American and Caribbean Forum. Marek Procházka Procházka Randl Kubr, Prague, Czech Republic See page 71 for details. Andreas Neocleous Andreas Neocleous & Co, Limassol, Cyprus 0930 – 1230 THURSDAY Small Theatre, PCC 1400 – 1700 TUESDAY Meeting Hall IV, PCC

A DINNER, sponsored by Kluwer Law, will be held for Committee Arbitration members and guests.See page 91 for details. 2000 WEDNESDAY Co-Chairs Dominique Brown-Berset Lalive, Geneva, Switzerland Use of independent experts in arbitration Claus Von Wobeser Von Wobeser y Sierra SC, Mexico City, Mexico Session Chair Investment treaty arbitration workshop Sally Harpole Sally Harpole & Co, Hong Kong SAR; Vice-Chair, Session Chair Arbitration David A R Williams QC Bankside Chambers, Auckland, New What are the appropriate procedures and most effective techniques Zealand; Chair, Investment Treaty Arbitration for using experts in arbitration? What are the duties of an expert in An update on recent developments in the burgeoning field of arbitration? What pitfalls and problems may arise when experts are investment treaty arbitration, including important decisions used and what are the solutions? These and other issues will be addressing the required nationality qualification of the claimant, discussed from the standpoint of the arbitrator, counsel and the indirect claims by shareholders, and allocation of jurisdiction expert, comparing and contrasting approaches under a variety of between investment treaty tribunals and tribunals dealing with civil law and common law systems. contractual claims. Current proposals for appeals tribunals to review Speakers investment treaty tribunal awards will also be discussed. Carlos de los Santos Garrigues, Madrid, Spain Speakers Judith Gill Allen & Overy LLP, London, England Christoph Schreuer University of Vienna, Vienna, Austria Naoki Idei Kojima Law Offices, Tokyo, Japan Anthony Sinclair Allen & Overy LLP, London, England Douglas Jones Clayton Utz, Sydney, New South Wales, Australia Calvin Hamilton Monereo Meyer & Marinel-lo Abogados, Madrid, Bohuslav Klein Klein Subrt Doskova & Partners, Prague, Czech Spain Republic Christoph Liebscher Wolf Theiss & Partners, Vienna, Austria Alexander Loos Lovells, Düsseldorf, Germany

32 Legal Practice Division Practice Legal Claudia T Saloman DLA Piper Rudnick Gray Cary, New York, USA Zvi Nixon Elchanan Landau Law Office, Jerusalem, Israel Michael Schneider Lalive, Geneva, Switzerland John Fellas Hughes Hubbard & Reed LLP, New York, USA Geoffrey Senogles Indeval Sarl, Geneva, Switzerland Jeremy J O Harwood Healy & Baillie LLP, New York, USA Rodger Stanley PricewaterhouseCoopers, Prague, Czech Republic Michelle Sindler Bär & Karrer, Zurich, Switzerland Dorothy Ufot Dorothy Ufot & Co, Lagos, Nigeria Anne-Marie Whitesell International Chamber of Commerce, Nathalie Voser Schellenberg Wittmer, Zurich, Switzerland; Paris, France Publications Officer, Litigation 0930 – 1230 FRIDAY 0930 – 1230 THURSDAY Meeting Hall I, PCC Meeting Hall I, PCC

The IBA Rules of Evidence five years later Session Chair Litigation Bernard Hanotiau Hanotiau & van den Berg, Brussels, Belgium Co-Chairs The IBA Rules of Evidence were adopted five years ago. They have Klaus Gerstenmaier Haver & Mailänder Rechtsanwälte, Stuttgart, been widely used by arbitration practitioners and have also been at Germany the centre of many debates. Do they fulfil their mission? Should Nicola Mumford Wragge & Co LLP, London, England they be improved or amended in some respects? And generally speaking, what is the experience and opinion of counsels, The obsessed litigant . . . how does one cope? arbitrators and institutions on their role and their application? Joint session with the Judges’ Forum. See page 77 for details. These issues will have been preceded by a survey among arbitration practitioners and institutions. 1030 – 1700 MONDAY Speakers Rhone & Rhine, Corinthia Towers Hotel Donald Donovan Debevoise & Plimpton LLP, New York, USA Henri Alvarez Fasken Martineau DuMoulin LLP, Vancouver, British Exclusive choice of court agreements: Columbia, Canada; Council, Legal Practice Division will the Hague Convention do for international Sally Fitzgerald Mallesons Stephen Jaques, Sydney, New South litigation what the New York Convention did Wales, Australia for arbitration? Andreas Reiner Andreas Reiner & Partner, Vienna, Austria Session Co-Chairs Bohuslav Klein Michael Polonsky Berwin Leighton Paisner, London, England; Co- Christopher Lau Alban Tay Mahtani & de Silva, Singapore Chair, International Litigation Conventions and Laws Fernando Mantilla Serrano Shearman & Sterling, Paris, France Joe Sepulchre Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels, Yoshimasa Furuta Anderson Mori Tomotsune, Tokyo, Japan Belgium; Co-Chair, International Litigation Conventions and Laws Mark Baker Fulbright & Jaworski LLP, Houston, Texas, USA Karyl Nairn Skadden Arps Slate Meagher & Flom LLP, London, On 30 June 2005, the 20th diplomatic session of the Hague England Conference on Private International Law adopted a Convention on Yves Derains Derains & Associés, Paris, France exclusive choice of court agreements which aims to achieve in Laurent Lévy Schellenberg Wittmer, Geneva, Switzerland respect of forum clauses what the UN New York Convention did for Gilberto Giusti Pinheiro Neto Advogados, São Paulo, Brazil arbitration. This timely session will explain the main rules of the Jingzhou Tao Coudert Brothers, Beijing, People's Republic of China; draft Convention and focus on aspects where the clash between Vice-Chair, Arbitration civil law and common law visions may not been totally resolved. 1400 – 1700 THURSDAY Speakers Meeting Hall I, PCC Gottfried Musger Appellate Court of Graz, Graz, Austria David Levy Fulbright & Jaworski LLP, Houston, Texas, USA Dispute resolution clauses – a practical approach Catherine Kessedjian Université Panthéon-Assas, Paris, France David Joseph QC Essex Court Chambers, London, England Joint session with International Sales and Related Commercial Young Hill Liew Woo Yun Kang Jeong & Han, Seoul, Korea Transactions. See page 56 for details. 1400 – 1700 THURSDAY 1400 – 1700 MONDAY Panorama Hall, PCC North Hall, PCC

New York Convention workshop Judicial oversight of director action: legal, management and investor perspectives Session Chair Christian Camboulive Gide Loyrette Nouel, Paris, France; Chair, Joint session with Business Organisations. See page 28 for details. Recognition and Enforcement of Arbitral Awards 0930 – 1230 TUESDAY This annual workshop will present the latest developments in cases Meeting Hall I, PCC under the New York Convention from around the world. Cases related to recognition and enforcement of arbitral awards under Litigators’ forum: the doctrine of economic other conventions and national legislation will also be discussed duress in business and commercial litigation and brief reports from selected jurisdictions will be presented. Session Co-Chairs Speakers Michael L Novicoff Liner Yankelevitz Sunshine & Regenstreif LLP, Pascal Hollander Hanotiau & van den Berg, Brussels, Belgium Los Angeles, California, USA; Treasurer, Litigation Georg Naegeli Homburger, Zurich, Switzerland Antonio Bravo Mullerat, Madrid, Spain Torsten Lörcher CMS Hasche Sigle, Cologne, Germany As economic conditions change throughout the world, national Ilya Nikiforov Egorov Puginsky Afanasiev & Partners, St Petersburg, courts are increasingly forced to decide when a party should be Russian Federation 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. Mediation Speakers Chair Edward Hood Berwin Leighton Paisner, London, England John Townsend Hughes Hubbard & Reed LLP, Washington DC, USA Martina Jankovska Saxinger Chalupsky Weber & Partners, Prague, Czech Republic Mediation and the law Peter A Sullivan Hughes Hubbard & Reed LLP, New York, USA Session Chair Pablo G Louge Allende & Brea, Buenos Aires, Argentina John Townsend Kumkum Sen Rajinder Narain & Co, New Delhi, India Siegfried H Elsing Hoelters & Elsing, Düsseldorf, Germany; 1400 – 1700 TUESDAY Vice-Chair, Mediation Chamber Hall, PCC Mediation under national law Moderator Multiparty dispute resolution in project-financed Thierry Garby Garby Vialars Dupas, Paris, France; Vice-Chair, infrastructure projects: the role of the courts Mediation

Working Sessions Working Joint session with International Construction Projects. The working group conducted a survey in five countries that have See page 37 for details. adopted legislation on mediation. These countries were selected 0930 – 1230 WEDNESDAY because their respective pieces of legislation are different in both Meeting Hall I, PCC content and in spirit. The discussion will concentrate on the issues that appear to be the most sensitive. We shall try to determine: Litigators’ forum for corporate counsel (1) if mediation needs legislation to develop and, if so, to what Joint session with the Corporate Counsel Forum. extent; and (2) which features of mediation require the enactment Session Chair of specific rules to ensure its efficiency and the respect of its spirit Nicola Mumford Wragge & Co LLP, London, England; Co-Chair, of liberty and responsibility. Litigation Speakers It is impossible to say what issues will be thrown up in this popular Roberto Fortunati Fortunati & Lucero, Buenos Aires, Argentina and interactive session. The panel of in-house lawyers will share Vit Horacek Glatzova & Co, Prague, Czech Republic with the audience issues which are important to them in a number Jon Lang London, England; Publications Officer, Mediation of different areas in litigation. Privilege is bound to be a hot topic. Louis Bernard Buchman Hirsch & Partners, Paris, France Other previous areas have included the impact of the increasing Eric van Ginkel Hughes Hubbard & Reed LLP, Los Angeles, regulatory framework and co-operation between in-house and California, USA; Senior Vice-Chair, Intellectual Property and external counsel. Entertainment Law Speakers Mediation under the European Union Directive Geoffrey Timms Head of Legal, Legal & General Group plc, Moderator London, England Petria McDonnell McCann FitzGerald, Dublin, Ireland; Vice-Chair, Carl Belding IBM EMEA, Paris, France Mediation Jean Claude Najar GE Oil & Gas Nuovo Pignone, Florence, Italy; This session will consider the draft EU Directive, which provides for Vice-Chair, Corporate Counsel Forum mediation in civil and commercial matters. The provisions of the Logan G Robinson Delphi Corporation, Troy, Michigan, USA; directive, some of which are controversial, and its likely success in Co-Chair, Corporate Counsel Forum promoting mediation, will be considered from a number of Axel Viaene Legal Director, Corporate Counsel, Starbucks Coffee, different perspectives, namely those of: (1) a leading lawyer (and Amsterdam, the Netherlands widely respected mediator); (2) a mediator who is a key player at 1400 – 1700 WEDNESDAY one of the leading providers of mediation services; and (3) a judge, Meeting Hall I, PCC with an established track record in furthering mediation, who will address the role of the court, envisaged in the directive, in A LUNCH will be held for Committee members and guests. informing and promoting mediation. See page 91 for details. Speakers 1200 THURSDAY Michel Kallipetis QC Littleton Chambers, London, England Eileen Carroll CEDR, London, England Dispute resolution clauses – a practical approach Judge Ales Zalar President, Ljubljana District Court, Slovenia Joint session with International Sales and Related Commercial Transactions. See page 56 for details. Mediation under the UNCITRAL Model Law 1400 – 1700 THURSDAY Moderator Panorama Hall, PCC Babak Barin Osler Hoskin & Harcourt LLP, Montreal, Quebec, Canada; Secretary, Mediation Civil litigation in Europe Debate: The role and importance, if any, of the governing law, the Joint session with the European Forum. See page 70 for details. place of mediation (seat), and enforcement of settlement agreements in international commercial mediation and conciliation, 0930 – 1700 FRIDAY including common law and civil law perspectives. Conference Hall, PCC Speakers Kathleen Scanlon Heller Ehrman LLP, New York, USA Alan Uzelac Zagreb, Croatia Anthony Connerty Lamb Chambers, London, England

34 Legal Practice Division Practice Legal Hans van Houtte Institute for International Trade Law, Leuven, Alberto Pérez Cedillo Fernando Scornik Gerstein, London, England; Belgium Chair, Young Lawyers Committee 1400 – 1700 WEDNESDAY Ritva-Liisa Luomaranta Borenius & Kemppinen Ltd, Helsinki, Finland Club D, PCC Petra Schaaff Rechtsanwältin, Hamburg, Germany 0930 – 1230 WEDNESDAY Seine & Tiber, Corinthia Towers Hotel

Negligence and Damages Chair Energy, Environment, Natural The Honourable Chief Justice Christopher Gardner QC Resources & Infrastructure Law Turks & Caicos Islands, British West Indies Section Young Lawyers’ Writing Competition Final Chair The finalists of this competition, open to all lawyers under 35, Reinier Lock Chevy Chase, Maryland, USA will present their papers orally on: ‘ADR: how does/could it complement mainstream litigation relating to negligence/damages A DINNER will be held for Committee members and guests. in my jurisdiction? How could/should its use be improved/ See page 91 for details. expanded/curtailed?‘ 2000 MONDAY 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 Environment, Health Shaun Browne South Africa Lea Devitt Ireland and Safety Law Catherine Dwyer Australia Chair Ihunda Omudu Nigeria Ignacio Randle Caparros & Randle, Buenos Aires, Argentina; Panellists Officer, Mining Law The Honourable Chief Justice Christopher Gardner QC William G Horton Blake Cassels & Graydon LLP, Toronto, Ontario, Product recycling and waste management Canada obligations in the EU – risks and opportunities Audley Sheppard Clifford Chance, London, England; Senior Session Chair Vice-Chair, Arbitration Ian Rose McDermott Will & Emery UK LLP, London, England; Senior Ramon F Bado Sanz Estudio Dr Mezzera, Montevideo, Uruguay; Vice-Chair, Environment, Health and Safety Law Vice-Chair and Website Coordinator, Negligence and Damages Robert D Carrow WorldWideADR, San Francisco, California, USA EU waste management policy requires that the amount of waste Paul Emerson Lamb Chambers, London, England going for final disposal be reduced, in favour of reuse and recycling. The European Commission and the Member States have 1400 – 1700 TUESDAY implemented this policy through the development of ‘producer Club C, PCC responsibility’, under which manufacturers and others throughout the distribution chain have the obligation to take back and reuse or Liability for professional malpractice: recycle products when they become waste. how far will it go? Packaging waste was the first type of waste to be subject to Session Chair producer responsibility obligations, and similar requirements Matthew Reiter Bär & Karrer, Zurich, Switzerland; Vice-Chair and relating to waste electrical products will shortly be introduced Newsletter Editor, Negligence and Damages across the EU, as Member States implement the ‘WEEE Directive’. A panel of lawyers from different jurisdictions, both common law This session will explore the rules on producer responsibility, and and civil law, will each present a short overview of the legal the panellists will discuss not only the potential liabilities where principles of liability for malpractice in their jurisdiction, and more companies do not comply, but also how companies can secure importantly, of the current trends in this area. Plaintiffs’ lawyers as competitive advantage through efficient and effective compliance. well as defence lawyers will be represented. Speakers The position of the insurance industry will also be explored. Bernard Deltour Liedekerke Wolters Waelbroeck Kirkpatrick, What are its concerns? Where does the insurance industry see Brussels, Belgium opportunities? David Desforges Gide Loyrette Nouel, Paris, France Example cases, current trends in litigation and in legislation and Salvatore T Giolando BBL Sciences, Cincinnati, Ohio, USA related insurance issues will be discussed among the panellists and Claus-Peter Martens Murawo, Berlin, Germany; Vice-Chair, the audience. Environment, Health and Safety Law Speakers 1400 – 1700 MONDAY Martin I Kaminsky Pollack & Kaminsky, New York, USA Club E, PCC Andres M Cerisola Ferrere, Montevideo, Uruguay Dror Zamir Levitan Sharon & Co, Tel Aviv, Israel Jeffrey B Maletta Kirkpatrick & Lockhart Nicholson Graham LLP, Washington DC, USA

35 Page 36 LEX MUNDI Legal Practice Division Practice Legal One year down the road – implementation and Speakers enforcement of EU environmental law in Mikael Wahlgren NCC AB, Solna, Sweden; Chair, Financing accession states Structures A H Gaede Jr Bradley Arant Rose & White, Birmingham, Alabama, Session Chair USA Bernat Mullerat Mullerat, Barcelona, Spain; Secretary, Environment, Jaime Herrera Posse Herrera & Ruiz, Bogotá, Colombia; Vice-Chair, Health and Safety Law Financing Structures On 1 May 2004, ten new states joined the European Union and, Klaus Reichert Law Library, Dublin, Ireland; Secretary, Litigation since then, are required to implement and enforce the acquis Karyl Nairn Skadden Arps Meagher & Flom LLP, London, England communautaire. The implementation of EU environmental law – Stephen Jagusch Allen & Overy LLP, London, England approximately 500 pieces of legislation – is probably one of the 0930 – 1230 WEDNESDAY biggest tasks to be tackled by the new Member States, which are Meeting Hall I, PCC 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 Latest developments in the construction arena the environmental challenges facing them, as well as the European Session Co-Chairs Commission’s role in monitoring such enforcement. The session will Arent van Wassenaer also explore the challenges and opportunities for businesses and Stephen Butler lawyers in these accession countries. In this session the Chairs of the Committee as well as the Chairs of Speakers the various Subcommittees of the International Construction David Estrin Gowling Lafleur Henderson LLP, Toronto, Ontario, Projects Committee will provide an update on the latest Canada developments in international construction. Deborah Lloyd GE Commercial Finance, London, England The session will also include reports on the following Committee Eva Kruzikova Institute for Environmental Policy, Prague, Czech Adopted Projects: Republic • Boston Central Artery Project (also known as ‘Big Dig’): Kevin Connor Squire Sanders, Budapest, Hungary Glenn Haese Haese LLC, Boston, Massachusetts, USA Petr Petrzilek (invited) Ministry of Environment, Prague, Czech John Miller Gadsby Hannah LLP, Boston, Massachusetts, USA Republic • NEAT (Neue Alpen Transversale), New Transalpine Railway 0930 – 1230 WEDNESDAY (Gotthard and Loetschberg tunnels) Panorama Hall, PCC Matthias Scherer Lalive & Partners, Geneva, Switzerland

Good governance in the water sector • The Enron Dabhol Project Robert L Nelson Jr Thelen Reid & Priest LLP, San Francisco, Joint session with Water Law. See page 39 for details. California, USA 1400 – 1700 WEDNESDAY William G Anderson Jr Overseas Private Investment Corporation, Seine & Tiber, Corinthia Towers Hotel Washington DC, USA Robert Smit Simpson Thacher & Bartlett, New York, USA Compensation for damage to the environment • The Fort Dauphin Ilmenite Project, Madagascar caused by mining Michel Jutras Rio Tinto Iron and Titanium Inc, Montreal, Quebec, Joint session with Mining Law. See page 38 for details. Canada 0930 – 1230 THURSDAY Marc Frilet Frilet & Associés, Paris, France; Officer, Mining Law Meeting Room B, Holiday Inn Hotel Hotel • 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 International • The new ICC Dispute Board Rules Construction Projects Gordon Jaynes Surrey, England • The London Underground Project Co-Chairs Phillip Capper Arent van Wassenaer Norton Rose, Amsterdam, the Netherlands 1400 – 1700 WEDNESDAY Stephen Butler Bechtel Corporation, San Francisco, California, USA Panorama Hall, PCC

Multiparty dispute resolution in project-financed A DINNER will be held for Committee members and guests. infrastructure projects: the role of the courts? See page 91 for details. Joint session with Litigation. 2000 WEDNESDAY Session Chair Old fashioned or new fangled? Which Phillip Capper Lovells, London, England procurement route copes best when the going Topics covered in the session will include: gets tough? • recognising, and planning for, the realities; • facing up to the difficulties of multiplicity of parties, and of Session Co-Chairs proceedings on a typical international project; Charles Brown Duane Morris, London, England • what dispute resolution framework should be considered? Mark Lane Pinsent Masons, London, England; Chair, Water Law and will consider what role state courts can play in such This all-day session involves the examination of the relative merits frameworks, and what are the drafting lessons for those putting of traditional FIDIC-type procurement systems against the newer together privately financed infrastructure projects. systems such as BOT, alliancing and GMP. The morning session will

37 consider these alternatives in principle. During the afternoon, the Compensation for damage to the environment competing systems will be considered in practice when applied to caused by mining some common project types and subjected to both common and Joint session with Environment, Health and Safety Law. less common risk events. Session Co-Chairs Speakers Patricia Núñez Edward Corbett Corbett & Co, Teddington, England, Vice-Chair, Ignacio Randle Caparros & Randle, Buenos Aires, Argentina; International Construction Projects Chair, Environment, Health and Safety Law; Officer, Mining Law Jaime Herrera Posse Herrera & Ruiz, Bogotá, Colombia; Vice-Chair, This panel will review and discuss the laws, regulations and mining Financing Structures authorities in five jurisdictions (Europe, Latin America, United Marc Frilet States, Asia Pacific and Africa), and under international law, with Jaap Koster Houthoff Buruma, Rotterdam, the Netherlands; respect to liability for compensation for damage to the environment Vice-Chair, Procurement caused by mining operations. It will examine the interrelationship of Alison Lacy Torys LLP, Toronto, Ontario, Canada; Co-Chair, Standard these regimes and the role of government authorities in enforcing Forms laws and regulations and the conditions they impose. Douglas Jones Clayton Utz, Sydney, New South Wales, Australia; Vice-Chair, Contract Law and Regulations Speakers

Working Sessions Working Vit Horacek Glatzova & Co, Prague, Czech Republic Manus Booysen Webber Wentzel Bowens, Johannesburg, South Axel R Kunze Norton Rose, Frankfurt am Main, Germany; Africa; Officer, Mining Law Vice-Chair, Standard Forms Robert Bassett Holland & Hart LLP, Denver, Colorado, USA; Officer, Nigel Robson Eversheds LLP, Leeds, England Mining Law Patricia Baquero World Bank, Washington DC, USA Fred Chilton Allens Arthur Robinson, Sydney, New South Wales, Australia 0930 – 1700 THURSDAY Luis Carlos Rodrigo Lima, Peru; Officer, Mining Law Conference Hall, PCC George Ribeiro Vivien Chan & Co, Shanghai, People‘s Republic of China; Conference Coordinator (Asia), Business Organisations; EXCURSION for Committee members and guests. Vice-Chair, Complex Acquisitions See page 91 for details. Tallat Hussain McCarthy Tétrault LLP, London, England 0900 FRIDAY 0930 – 1230 THURSDAY Meeting Room B, Holiday Inn Hotel Hotel Procurement Chair Jaya Sharma Madison, Wisconsin, USA Oil and Gas Law Public procurement Chair Joint session with United Nations and Other World Wide David Asmus Baker Botts LLP, Houston, Texas, USA Organisations. See page 79 for details. 0930 – 1700 TUESDAY Russian oil and gas: security of investment and Meeting Room B, Holiday Inn Hotel Hotel security of supply Session Chair Peter Roberts Jones Day, London, England; Vice-Chair, Oil and Gas Law Mining Law This session will address the current state of the Russian oil and gas industry from the perspective of Russia’s foreign investors and Co-Chairs foreign customers. Topics will include tax risks and bankruptcy and Tony Wassaf Allens Arthur Robinson, Sydney, New South Wales, securities law risks for foreign investors in oil and gas, and delivery Australia risks for customers in both Europe and Asia. In addition, speakers Patricia Núñez Núñez Muñoz & Cía Ltda Abogados, Santiago, Chile will address both the present opportunities in Russia and the effect of the Yukos affair on the perception and reality of security of oil Economic impact of taxation of natural resources and gas supply from Russia. industries Speakers Session Chair Doran Doeh Denton Wilde Sapte, Moscow, Russian Federation Patricia Núñez Graham Coop Energy Charter Secretariat, Brussels, Belgium Tax systems may provide incentives or may deter investment in a George Goolsby Baker Botts, Houston, Texas, USA particular industry. This panel will deal with the main aspects of tax Richard Drummond Export Credits Guarantee Department, London, systems that may provide incentives or deter investment in the England natural resources industries. Topics such as income taxes, special Maxim Kalyuzhny Avery Advisors, London, England taxes and royalties will be discussed; and case studies assessing the 0930 – 1230 TUESDAY economic impact of taxation in four different jurisdictions located in Club H, PCC 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

38 Legal Practice Division Practice Legal Speakers Alan J Levin Edwards & Angell LLP, Hartford, Connecticut, USA Water Law Isaac Lustgarten Chair Stefan Breitenstein Lenz & Staehelin, Zurich, Switzerland Mark Lane Pinsent Masons, London, England Claude Kremer Arendt & Medernach, Luxembourg Roger McCormick Esher, England Good governance in the water sector Nancy Milne Clayton Utz, Sydney, New South Wales, Australia; Chair, Insurance Joint session with Environment, Health and Safety Law. Jan Woloniecki Attride-Stirling & Woloniecki, Hamilton, Bermuda Session Co-Chairs Antoine Maffei De Pardieu Brocas Maffei, Paris, France Mark Lane Jaap Willeumier Stibbe, Amsterdam, the Netherlands; Co-Chair, Claus-Peter Martens Fachanwalt für Vermaltungsrecht, Berlin, Securities Law Germany; Vice-Chair, Environment, Health and Safety Law Luis de Carlos Bertran Uría Menéndez, Madrid, Spain The current state of the global water and wastewater sector is one Angela Maria Carozzi Luiss Guido University, Rome, Italy in which urgent need is met by limited activity. This session will Bradley Gans Citigroup, London, England examine the following key issues that underlie the existing John Trotter Lovells, London, England unsatisfactory position and how they might be effectively Aruno Rajaratnam Marsh, Singapore addressed: 0930 – 1700 TUESDAY • the current size and nature of the global water problem, with South Hall, PCC 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 Banking Law the task? • the Water Framework Directive and Eastern Europe – key issues. Co-Chairs Joanne Kellermann Nederlandsche Bank, Amsterdam, the Speakers Netherlands Chris Perry C J Perry, Devon, England John Teolis Blake Cassels & Graydon LLP, Toronto, Ontario, Canada Robyn Stein Edward Nathan (Proprietary) Ltd, Sandton, South Africa Revolution of the retired – the Prudent Person Eric Haythorne World Bank, Washington DC, USA Carlos de Miguel Perales Uría Menéndez, Madrid, Spain; Vice-Chair, Rule and pension funds Environment, Health and Safety Law Session Chair Sabine Wrede Bundesverband Gas- und Wasserwirtschaft, Berlin, Joanne Kellermann Germany With the population in the Western world ageing rapidly, there are 1400 – 1700 WEDNESDAY many reasons to focus attention on the way in which saving for Seine & Tiber, Corinthia Towers Hotel 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 Financial Services Section the management of pension fund moneys. At the same time, many countries are starting to see the urgent need for a complete Conflicts of interest in the financial services overhaul of their pensions systems. This session will investigate the industry meaning of the Prudent Pension Rule and explore how the entire global pension landscape is changing. Session Co-Chairs Rodger G Murray Brodies LLP, Edinburgh, Scotland Speakers Isaac Lustgarten McDermott Will & Emery LLP, New York, USA; Paulina Dejmek International Market and Services DG, Financial Vice-Chair, Banking Regulation Institutions, European Commission, Brussels, Belgium CY Huang Tsar & Tsai Law Firm, Taipei, Taiwan This session will explore situations where conflicts of interest can Barbara Nims Davis Polk & Wardwell, New York, USA arise in the banking, finance, investment fund, insurance, and David Pollard Freshfields Bruckhaus Deringer, London, England investment banking (underwriting and advisory) industries and will address how participants and regulators are addressing such 1400 – 1700 MONDAY conflicts. All groups within the Financial Services Section (Banking, South Hall, PCC Insurance, Securities, Investment Funds and Capital Markets Forum) will participate. Innovative alternatives to bank borrowing The session will be divided into four parts: Session Chair • general discussion of managing legal/operational risk especially in Thomas Werlen Allen & Overy LLP, London, England; Chair, the context of Basel II; Germany, Switzerland and Austria Subcommittee • examining different conflicts where a small financial institution Corporate borrowers have options beyond bank borrowing or may favour different parties or itself; classical public debt or equity offerings. This panel will examine • financial institutions playing multiple roles (analyst research, these options from a commercial and a legal standpoint. Attention advisory services, financing, swaps, underwriting, and asset will be paid to the substantive terms and conditions of securities, management services); and whether designed to optimise the issuer’s capital structure • rebates/commissions/kickbacks. (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 Speakers order to satisfy a particular investor base (eg private note Lisa Curran Allen & Overy LLP, Rome, Italy; Secretary, Banking Law placements sold to insurance companies and pension funds). Robin Phelan Hayes and Boone, Dallas, Texas, USA Panellists will also examine placement techniques designed for Russell Da Silva Lovells, New York, USA sophisticated investors, including options available to European Don De Amicis Ropes & Gray LLP, Boston, Massachusetts, USA issuers to avoid making a public offer of securities. While legal Pierre Coll PricewaterhouseCoopers, Paris, France developments have helped to streamline the process, these 0930 – 1230 THURSDAY transactions do still implicate the laws of the jurisdiction of Meeting Hall IV, PCC incorporation and the jurisdiction(s) of sale, including contractual, banking, tax, securities and insolvency laws. A LUNCH will be held for Committee members and guests. Speakers, comprising various market participants including See page 91 for details. investment bankers and counsel that act for both borrowers/issuers 1230 – 1400 THURSDAY and lenders/purchasers, will explain the rationale behind the structures, processes, terms and conditions and documentation of such a transaction. Due diligence in capital markets and other financing transactions: the lawyer’s role Speakers Joint session with Securities Law. See page 43 for details. Working Sessions Working Ian Clark Latham & Watkins, London, England Michael Kutschera Binder Grösswang Rechtsanwälte, Vienna, 1400 – 1700 THURSDAY Austria; Officer, Bar Issues Commission Meeting Hall V, PCC Gottwald Kranebitter KPMG Financial Advisory Services, Vienna, Austria The impact on legal opinions of EU directives Marek Procházka Procházka Randl Kubr, Prague, Czech Republic and regulations relating to insolvency Thomas Krausser PRICOA Capital Group, Frankfurt am Main, Session Co-Chairs Germany Gwendoline Griffiths Barlow Lyde & Gilbert, London, England; Christian Voss BNP Paribas, New York, USA Co-Chair, Legal Opinions 0930 – 1230 WEDNESDAY Markus Pfenninger Walder Wyss & Partners, Zurich, Switzerland; Small Theatre, PCC Co-Chair, Legal Opinions An increasingly important aspect of insolvency law is the cross- Giving legal opinions in a changing environment: border nature of many issues that arise in the insolvency of international financial transactions in emerging companies. In the European Union, various directives and markets and comparative views regulations are having a practical impact on insolvencies (most Joint session with the Latin American and Caribbean Forum. recently in the new Member States) and are being considered in See page 71 for details. local courts. These include the regulations on insolvency 1400 – 1700 WEDNESDAY proceedings, financial collateral arrangements and the Small Theatre, PCC reorganisation and winding-up of credit institutions. Speakers will consider the implications of these developments for Tips for barbarians against the fall of the empire: lawyers issuing legal opinions relating to financing transactions in a how to protect your bank client against number of European jurisdictions. The session will be interactive and audience participation will be welcomed (both from those bankruptcy of megacustomers practising in the European Union and elsewhere). Session Chair Speakers John Teolis Judith O’Driscoll Standard & Poor’s Rating Services, London, How good are the numbers? England What goes into the creation of a company’s numbers that are relied William Johnston Arthur Cox, Dublin, Ireland; Publications Officer, upon by banks and other creditors as well as other stakeholders? Banking Law In addition to discussing the processes and systems that go into Tiago Ferreira de Lemos Abreu & Marques Vinhas e Associados, producing a company’s financial picture, the place these processes Lisbon, Portugal and systems hold within the overall corporate governance structure Thijs Lommen NautaDutilh, Amsterdam, the Netherlands will be examined. Identify the early warning signs so that you and André Andersson Mannheimer Swartling, Stockholm, Sweden your bank client are not dealing with the next Parmalat. 0930 – 1230 FRIDAY Keeping your head above water in the bankruptcy Club A, PCC 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 Project Finance challenges thereto and typical challenges to claims, eg form vs substance. Chair Emmanuel Fontaine Gide Loyrette Nouel, Paris, France Can I press my suit here? This will discuss the various litigation issues that your bank client Public–private partnership – the removal of may have to take into account in the context of a multijurisdictional barriers bankruptcy. It will examine the difference between damage and Joint session with the European Forum. See page 69 for details. clawback actions. Where should and can banks bring suit? What are the advantages and disadvantages to a bank of bringing suit in 1400 – 1700 MONDAY major jurisdictions? Chamber Hall, PCC

40 Legal Practice Division Practice Legal A DINNER will be held for Committee members and guests. See page 91 for details. Capital Markets Forum 1930 THURSDAY Co-Chairs Daniel Hurstel Willkie Farr & Gallagher, Paris, France Group policies/third-party beneficiaries of cover Andrew D Soussloff Sullivan & Cromwell LLP, New York, USA Session Chair James Walsh Carroll Burdick & McDonough LLP, San Francisco, Hollinger unbuttoned California, USA; Vice-Chair, Insurance Joint session with Securities Law. See page 42 for details. This session will deal with the provision of insurance cover to 0930 – 1230 THURSDAY those who are not contracting parties to a contract of insurance. Meeting Hall V, PCC 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 Insurance policies frequently provide cover or protection to third parties who are not insured. Examples include cover taken out in Chair respect of large construction projects or life insurance cover Nancy Milne Sydney, New South Wales, Australia effected over the lives of pension fund members. The panel will address the structural difficulties of third-party EU accession – new risks beneficiary arrangements, the legislative response, the impact of Session Chair legislation and how different jurisdictions have dealt with the issues Jan Heuvels Ince & Co International Law Firm, London, England; that can arise. Senior Vice-Chair, Insurance The panel will also deal with the question of direct access to A panel of insurance lawyers and industry professionals will be insurers by third-party liability claimants and the very different discussing legal and regulatory issues in the context of the Czech legislative regimes in various jurisdictions. Republic’s post-EU accession commercial insurance environment. Speakers Speakers Matthew Allen Eversheds, London, England Dieter Armbrust Lebuhn & Puchta, Hamburg, Germany Peter Mann Clayton Utz, Sydney, New South Wales, Australia David Whear Norton Rose, London, England Martin Manzano Marval O’Farrell & Mairal, Buenos Aires, Lenka Docekalova AIG, Prague, Czech Republic Argentina; Publications Officer, Insurance Beeta Balas Noczczyk Lovells, Warsaw, Poland Dror Zamir Levitan Sharon & Co, Tel Aviv, Israel 1400 – 1700 MONDAY 0930 – 1230 FRIDAY Club H, PCC Club E, PCC

A LUNCH will be held for Committee members and guests. See page 91 for details. 1130 WEDNESDAY Investment Companies and Mutual Funds Challenges for the risk insurance markets due to terrorism and the ‘war on terror‘ Chair Robert Helm Dechert LLP, Washington DC, USA Joint session with Maritime and Transport Law. Session Co-Chairs Developments relating to investment funds Rob Otty Deneys Reitz Inc, Cape Town, South Africa; Newsletter in the emerging EU accession jurisdictions Editor, Insurance Vincent Prager Stikeman Elliott LLP, Montreal, Quebec, Canada Session Chair Edgar Wallach Hengeler Mueller, Frankfurt am Main, Germany; This session will examine how the various insurance markets Senior Vice-Chair, Investment Companies and Mutual Funds worldwide have been coping with claims relating to war and terrorism in the new millennium; what legal problems the industry This panel will explore issues relating to the continued growth and is currently facing; and how the industry and the legal profession development of the investment funds industry particularly in see insurance coverages and liabilities changing as terrorism merges Eastern Europe, with emphasis on the impact of EU legislation in with traditional war into a new type of warfare. Legal experts from local markets. Speakers will also address ways that fund managers a variety of jurisdictions will deal with these subjects and comment can access the local markets in new Member States. on recent experience and the way forward. Speakers Speakers Colm Callaly Pioneer Investment Management Ltd, Dublin, Ireland Margaret Campbell Richards Butler, London, England Ondrej Libosvár Czech Securities Commission, Prague, Czech Rudy W J M Te Pas Te Pas Advocaten, Rotterdam, the Netherlands Republic Forrest Booth Cozen O’Connor LLP, San Francisco, California, USA; Vladimíra Glatzova Glatzova & Co, Prague, Czech Republic Vice-Chair, Land Transport Dóra Plesovszky Rechtsanwaltskanzlei Heinzelmann and Partners, Anna Quah Ang & Partners, Singapore Budapest, Hungary Oscar Shub Allens Arthur Robinson, Sydney, New South Wales, Andre Zerafa Ganado & Associates, Valletta, Malta Australia Tomasz Dabrowski Salans, Warsaw, Poland 0930 – 1230 THURSDAY 1400 – 1700 MONDAY Severn & Thames, Corinthia Towers Hotel Meeting Hall IV, PCC

41 A DINNER will be held for Committee members and guests. Speaker See page 91 for details. David A Fisher Innova Capital LLC, Warsaw, Poland 2000 TUESDAY 0930 – 1230 THURSDAY Panorama Hall, PCC Making institutional investment products available to a retail market Session Chair David Dillon Dillon Eustace, Dublin, Ireland; Vice-Chair, Investment Securities Law Companies and Mutual Funds Co-Chairs A panel discussion on the methods available to make institutional G Blair Cowper-Smith McCarthy Tétrault LLP, Toronto, Ontario, products accessible to retail investors, including the use of funds, Canada feeder funds, structured products and insurance products. Jaap Willeumier Stibbe, Amsterdam, the Netherlands Speakers Joseph B Kittredge Ropes & Gray LLP, Boston, Massachusetts, USA Investigations and enforcement proceedings: Bruce Botting Russell Investment Group, London, England what to do when the securities regulator

Working Sessions Working Jacques Elvinger Elvinger Hoss & Prussen, Luxembourg comes calling William Slattery State Street International (Ireland) Ltd, Dublin, Session Chair Ireland W Jay Clayton III Sullivan & Cromwell LLP, London, England; Chair, 0930 – 1230 WEDNESDAY Securities Issues in Mergers, Acquisitions and Reorganisations Small Hall, PCC This session will focus on the legal and practical considerations of Emerging issues concerning portfolio corporate investigations and enforcement proceedings by securities regulators and how to counsel clients in such situations. management, and other ‘hot topics‘ The panel will examine some of the recent high-profile relating to investment funds investigations and enforcement actions in Europe, the United States Session Chair and elsewhere and will review a case study of a hypothetical Lynn McGrade Borden Ladner Gervais LLP, Toronto, Ontario, situation and the twists and turns that such situations usually Canada involve (eg, how to respond to a dawn raid or what to do when a This session will take the form of a fully active workshop. To start, ‘whistleblower’ e-mail arrives on the CEO’s desk). the moderator will lead a discussion of emerging international Dealing with the securities regulators, special board committees, issues relating to the portfolio management of investment funds. the media and investors will be discussed, as well as financial Issues such as the regulation of soft dollar arrangements, fairness of restatements and the impact of the new EU directives regarding allocation of trades and internal staff trading codes of ethics will be insider trading and market manipulation. explored. For the second half of the session, attendees are invited Speakers to bring for group discussion ‘hot topics’ relating to any aspect W Jay Clayton III relating to investment funds. Jose Garrido Garcia Cuatrecasas, Madrid, Spain Speakers Robert D Joffe Cravath Swaine & Moore LLP, New York, USA Erick Holt AMVESCAP plc, Atlanta, Georgia, USA Walter E Jospin Paul Hastings Janofsky & Walker LLP, Atlanta, Felipe Cousiño Alessandri & Compania Attorneys at Law, Santiago, Georgia, USA; Vice-Chair and Publications Officer, Securities Law Chile; Secretary, Investment Companies and Mutual Funds Mario Zanchetti Studio Legale Stella, Milan, Italy Kirstene Baillie Field Fisher Waterhouse, London, England; 1400 – 1700 WEDNESDAY Newsletter Editor and Website Coordinator, Investment Meeting Hall V, PCC Companies and Mutual Funds Saker Nusseibeh SG Asset Management, London, England A DINNER will be held for Committee members and guests. 1400 – 1700 WEDNESDAY See page 91 for details. Small Hall, PCC 2000 WEDNESDAY Hollinger unbuttoned Joint session with the Capital Markets Forum. Specialised Investment Funds Session Co-Chairs Chair G Blair Cowper-Smith Michael P Harrell Debevoise & Plimpton LLP, New York, USA Claudio Visco Macchi di Cellere Gangemi, Rome, Italy; Vice-Chair, Capital Markets Forum Private equity funds in Russia and Central Based on a case study, and involving both regulators and lawyers, and Eastern Europe the session will start with the basic facts surrounding the Session Chair multijurisdictional business of Hollinger including a review of its Geoffrey Kittredge Debevoise & Plimpton LLP, London, England board composition and selection process. The following issues will be explored: An overview for non-specialists on the key business, legal and tax • the role of supervoting shares in the chain of ownership with issues involved in structuring and organising private equity funds Ravelstone and its voting control of the public companies; and a discussion of issues unique to funds organised to invest in • the limited equity interest of Ravelstone and related companies in Russia and Central and Eastern Europe, and discuss recent private the enterprise; equity fund activity in the region. • the relationship between equity ownership and accountability; • board processes and procedures around approval (or the lack thereof) of related party transactions;

42 Legal Practice Division Practice Legal • conflicts of interest for a number of the directors in distribution of Hollinger profits to shareholders; Human Resources Section • internal disclosure; • shareholder activism and the role of institutional shareholders in holding Hollinger accountable; • cross-border enforcement issues and conflicts between Discrimination and regulators; Gender Equality • cooperative approaches taken by regulators; • use of the corporate law to appoint an inspector; Chair • the powers of the inspector; Keith Corkan Rosenblatt, London, England • the relationship between civil and criminal proceedings; and • use of information extracted in civil proceedings for criminal Disability discrimination – prosecution purposes. EU Framework Employment Directive The Richard Breeden report will make interesting reading ahead of Session Chair time for attendees. Session materials will be available on the IBA Barry Mordsley Salans, London, England; Vice-Chair, Discrimination website one week in advance of the Conference. and Gender Equality Speakers Disability legislation has been extended in Member States of the J Allen Maines Paul Hastings Janofsky & Walker LLP, Atlanta, European Union by this important new directive. Member States Georgia, USA are required to introduce new disability legislation including a new Kelley M McKinnon Ontario Securities Commission, Toronto, form of direct discrimination, expansion of the obligation to make Ontario, Canada reasonable adjustments, elimination of the justification defence to Thomas Krantz World Federation of Exchanges, Paris, France direct discrimination and the introduction of a new form of Logan G Robinson Delphi Corporation, Troy, Michigan, USA; disability-related discrimination. The new rules also include a Co-Chair, Corporate Counsel Forum specific right not to be harassed for a reason relating to disability Lukas Sevcik Linklaters, Prague, Czech Republic and the burden of proof has shifted to employers. Employers will be Richard Hough Allen & Overy LLP, London, England required to work their way through increasingly complex legislation 0930 – 1230 THURSDAY to avoid discriminating against employees and job applicants. Meeting Hall V, PCC A panel of expert practitioners will consider these changes and how employers can take steps to understand and effectively Due diligence in capital markets and other implement the legislation, both in the domestic context and for financing transactions: the lawyer’s role those businesses which operate cross border. Joint session with Banking Law. Speakers Thomas Griebe Taylor Wessing, Hamburg, Germany Session Co-Chairs David Reade Littleton Chambers, London, England Philip Boeckman Cravath Swaine & Moore LLP, London, England; Peter McInnes Mason Hayes & Curran, Dublin, Ireland Vice-Chair, Securities Law Tarja Wist Waselius & Wist, Helsinki, Finland; Co-Chair, Innovations 0930 – 1230 TUESDAY in Financing Transactions Severn & Thames, Corinthia Towers Hotel This session will focus on how the type and level of due diligence varies depending on the transaction (eg a syndicated bank National reconciliation: history and law financing versus a block trade versus an SEC registered offering) Joint session with the Human Rights Institute. and understanding the purpose of due diligence and the role and See page 76 for details. responsibility of lawyers and expectations of clients. The difference 0930 – 1230 TUESDAY between due diligence approach and practice across jurisdictions Terrace 1, PCC will be examined, as well as coordination among the different Gender and ethnicity in judges lawyers. The relationship between due diligence and legal opinions will be Joint session with the Judges’ Forum. reviewed. Practical tips, lessons learned and potential pitfalls will Session Chair also be discussed. Anita Stuhmcke University of Technology, Sydney, New South Speaker Wales, Australia; Vice-Chair and Newsletter Editor, Discrimination Maximilian Schiessl Hengeler Mueller, Düsseldorf, Germany and Gender Equality Laura Holleman Goldman Sachs, London, England Increasingly, diversity and equal opportunity programmes are seen Charles D Z Martin Macfarlanes, London, England; Chair, Financing as important policy objectives for organisations in both the public in the Capital Markets and private sectors. This includes the judiciary in an increasing John Williamson-Noble Gilbert & Tobin, Sydney, New South Wales, number of jurisdictions with appointment boards and committees Australia; Vice-Chair, Business Organisations being held more accountable for promoting minorities to the 1400 – 1700 THURSDAY Bench. But do such diversity programmes genuinely unlock Meeting Hall V, PCC 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 International corporate takeovers – context? These issues will be considered by a panel of distinguished pitfalls and tips judges and judicial commentators. Joint session with Business Organisations. See page 29 for details. Speakers 0930 – 1230 FRIDAY Roselyn Atkinson Supreme Court of Queensland, Brisbane, Club H, PCC Queensland, Australia Louis Bernard Buchman Hirsch Associés, Paris, France

43 Leny E de Groot van Leeuwen Radboud Universiteit, Nijmegen, This session will be divided into two parts, with the morning the Netherlands focusing on the legal framework, including the rules and 0930 – 1230 WEDNESDAY regulations governing restrictive covenants and the different types Severn & Thames, Corinthia Towers Hotel of covenants employers can utilise to protect their legitimate interests. The trends in this area will be addressed as will Sex discrimination in remuneration enforceability and recourse issues. This will be followed by an interactive approach in the afternoon based on a case study/role Session Chair play experience, in which we will explore the practical aspects of Keith Corkan the question through a hypothetical fact pattern on which Sex discrimination claims by senior female executives are more representatives of private companies, in-house counsel, legal prevalent than ever in many jurisdictions. Increasingly, such advisers and a judge will provide their insight. proceedings include equal pay claims often ‘spiced up’ by Speakers newsworthy harassment allegations. In addition to highlighting the Philip M Berkowitz Nixon Peabody LLP, New York, USA continued existence of the gender pay gap, equal pay claims raise David L Brisbin Stringer Brisbin Humphrey, Toronto, Ontario, difficult procedural issues such as the extent to which categories of Canada; Secretary, Employment and Industrial Relations Law employers can be cited as comparators, whether pay data can be Lisa Catanzaro Diageo, Norwalk, Connecticut, USA procured from employers and whether these principles can be Working Sessions Working Oscar de la Vega Basham Ringe & Correa SC, Mexico City, Mexico applied cross border. Multinational companies to a greater degree Ignacio Funes de Rioja are affected by the decisions of courts and tribunals in different George Greibe NOCA, Copenhagen, Denmark jurisdictions. Raymond Jeffers Linklaters, London, England This session will consider the views of a panel of in-house counsel Manishi Pathak Kochhar & Co, New Delhi, India and practitioners experienced in pursuing and defending equal pay George Ribeiro Vivien Chan & Co, Shanghai, People’s Republic of claims, both in the domestic context and cross border. China; Conference Coordinator (Asia), Business Organisations; Speakers Vice-Chair, Complex Acquisitions Xan Raskin Bristol Myers Squib, New York, USA Dirk Jan Rutgers Kennedy Van der Laan, Amsterdam, the Monique Beguiachvili Coudert Brothers LLP, Paris, France Netherlands; Secretary and Website Coordinator, Discrimination David Lowe Rudy Exelrod & Zieff LLP, San Francisco, California, USA and Gender Equality Katell Deniel-Allioux Salans, Paris, France Franco Toffoletto Toffoletto e Soci, Milan, Italy Ignacio Funes de Rioja Funes de Rioja & Asociados, Buenos Aires, Rob Towner Bell Gully, Auckland, New Zealand Argentina Lars Villumsen Bavarian Nordic A/S, Kvistgård, Denmark Jane Mann Fox Williams, London, England Justice Glen Williams Court of Appeal, Supreme Court of 1400 – 1700 THURSDAY Queensland, Brisbane, Queensland, Australia Vltava & Vistula, Corinthia Towers Hotel 0930 – 1700 TUESDAY Club E, PCC

Cross-border investigation of complaints of harassment or violation of company ethics or Employment and conflict of interest policies and corporate fraud, Industrial Relations Law abuse and corruption Chair Session Co-Chairs John K Weir John K Weir Law Offices LLC, New York, USA Robert J Mignin Seyfarth Shaw LLP, Chicago, Illinois, USA; Vice-Chair, Employment and Industrial Relations Law Compensation for management and directors John K Weir in M&A transactions As international businesses continue to expand their global Joint session with Business Organisations. See page 28 for details. operations, issues often arise with regard to alleged harassment or discrimination by managers or violations of company conflict of 1400 – 1700 MONDAY interest or ethics policies, codes of conduct or financial disclosure Meeting Hall I, PCC requirements. These issues often involve a manager or group of employees working in more than one country. Restrictive covenants in employment contracts This programme will explore many of the complex legal and and other mechanisms for protection of practical HR issues that must be considered by in-house and outside corporate confidential information counsel whenever a company receives a complaint pertaining to Session Co-Chairs possible violation of: (1) any employment laws or regulations; Pascale Lagesse Freshfields Bruckhaus Deringer, Paris, France; (2) a company’s code of conduct or ethical statements or conflict Publications Officer and Newsletter Editor, Employment and of interest policies; (3) financial improprieties; or (4) allegations of Industrial Relations Law corporate fraud, corruption, abuse or breach of fiduciary duties by Mariann Norrbom Norrbom & Vinding, Copenhagen, Denmark; managers or executives. 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.

44 Legal Practice Division Practice Legal 0930 – 1045 1430 – 1515 Legal overview: responding to and investigating complaints Panel discussion – hypothetical case study of harassment or violation of ethical codes of conduct, This session will review all the legal and practical issues associated conflict of interest policies or corporate fraud, abuse or with a hypothetical case study which concerns an investigation to corruption be undertaken by an international company which has received This session will include: a review of regulatory and statutory harassment and discrimination complaints concerning the conduct developments on corporate compliance programmes and codes of of a senior executive and other lower-level managers in various conduct; a company’s legal obligations to investigate and report jurisdictions. These complaints also allege violations of the complaints of corporate fraud or discrimination; whistleblower company’s conflict of interest policy and improper conduct protection and defence of retaliation claims; rights of employees towards colleagues. during an investigation; impact of data protection on cross-border Moderator investigations; protection of confidential employee information; Michael Burd Lewis Silkin, London, England privileges which may be asserted by in-house counsel; and the Panellists role of outside counsel. Brendan Carr Aurora Law Offices, Seoul, Korea Moderators Richard Devereux Intel Corporation, Swindon, England Els de Wind Van Doorne, Amsterdam, the Netherlands Paul Glenfield Matheson Ormsby & Prentice, Dublin, Ireland Gerlind Wisskirchen CMS Hasche Sigle, Cologne, Germany Sarah Gorman Senior Labor and Employment Counsel, GE Speakers Commercial Finance, Stamford, Connecticut, USA Philip W Clements First Vice-President and Senior Counsel, Joël Grangé Gide Loyrette Nouel, Paris, France Washington Mutual Bank, Seattle, Washington, USA Dirk Jan Rutgers Kennedy Van der Laan, Amsterdam, the Anthony Dessain Bedell Cristin, St Helier, Jersey, Channel Islands Netherlands; Secretary and Website Coordinator, Discrimination Roy Heenan Heenan Blaikie LLP, Montreal, Quebec, Canada and Gender Equality Tim Johnson Kilpatrick Stockton LLP, London, England 1545 – 1730 David H Resnicoff Director and Counsel, Compliance Investigations, Tyco International (US) Inc, Princeton, New Jersey, USA Panel discussion – hypothetical case study Chris Van Olmen Van Olmen Wynant, Brussels, Belgium; Secretary, This session will review all the legal and practical issues associated Law Firm Management with a hypothetical case study which concerns an investigation to be undertaken by an international company and its in-house 1115 – 1230 counsel which has received complaints that senior managers have Practical guidelines: how to conduct a cross-border corporate engaged in improper business conduct (falsifying financial investigation of complaints of harassment, fraud, abuse or statements and expense reports) in violation of the company’s corruption ethical policies and codes of conduct and statutory laws of several This session will include: best practices and practical guidelines to jurisdictions. be followed when undertaking corporate investigations of Moderator complaints of fraud, abuse or violation of ethical guidelines; the Marcus Beresford A&L Goodbody, Dublin, Ireland role of a company’s compliance officer and in-house and outside Panellists legal counsel; impact of alleged criminal violations by corporate James Beyer Accenture Legal and Commercial, Chicago, Illinois, officers or employees on the conduct of investigations; issues USA relating to document retention and destruction; choice of Oscar de la Vega Basham Ringe y Correa SC, Mexico City, Mexico investigators; communication to employees subject to investigation; Rosalind Gordon Vice-President and Human Resources Legal preparation of investigatory reports and confidentiality. Counsel, Pitney Bowes Inc, Stamford, Connecticut, USA Moderator Nataša Randlová Procházka Randl Kubr, Prague, Czech Republic Rob Towner George Ribeiro Vivien Chan & Co, Shanghai, People’s Republic of Speakers China; Conference Coordinator (Asia), Business Organisations; D Jan Duffy Management Practices Group, San Francisco, Vice-Chair, Complex Acquisitions California, USA Werner Walk CMS Hasche Sigle, Stuttgart, Germany Michael Magotsch Coudert Brothers LLP, Frankfurt am Main, Germany The full text of both case studies can also be downloaded from Inigo Sagardoy Sagardoy Abogados, Madrid, Spain www.ibanet.org. Copies will be available in the meeting room. Mark Snyderman Director of Compliance Programs, The Coca-Cola 0930 – 1700 WEDNESDAY Company, Atlanta, Georgia, USA Meeting Hall IV, PCC Philippe Thomas Lovells, Paris, France Jorgen Vinding Norrbom & Vinding, Copenhagen, Denmark 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

A DINNER will be held for Committee members and guests. See page 91 for details. 1930 THURSDAY

45 The new EU – new immigration and Immigration and cross-border employment rules Session Chair Nationality Law Sergio Karas Karas & Associates, Toronto, Ontario, Canada; Co-Chairs Vice-Chair, Immigration and Nationality Law Scott Borene Borene Law Firm, Minneapolis, Minnesota, USA • Transition rules for EU accession countries. Howard Greenberg Greenberg Turner, Toronto, Ontario, Canada • Who may legally work across borders in the new EU countries? • Who may legally work across borders from the new accession Doctors, nurses and scientists without borders – countries? international work visa options for health Speakers professionals and biomedical scientists Nadine Owen CMS Cameron McKenna, London, England Session Chair Marco Mazzeschi Nunziante Magrone, Milan, Italy Gregory Siskind Siskind Susser Haas & Devine, Memphis, Neil McHardy McHardy & Chassee Rechtsanwälte, Cologne, Tennessee, USA Germany Ted L Badoux Everaert Advocaten, Amsterdam, the Netherlands; Many countries with rapidly aging populations are experiencing Vice-Chair, Immigration and Nationality Law Working Sessions Working shortages of doctors, nurses and allied health professionals. In Bernard Caris Marx Van Ranst Vermeersch, Brussels, Belgium addition, many countries are seeking to promote rapid expansion of pharmaceutical and biomedical industries as a critical driver of 0930 – 1230 THURSDAY economic growth. The combined effect of these trends has spurred Club B, PCC a global competition for international healthcare and scientific talent. This session will survey temporary and permanent work visa The globalisation of immigration law practice – options for life scientists, doctors and nurses around the world, managing outbound immigration projects including a review of special immigration advantages or Session Chair disadvantages for specific professions in different countries. Suzanne M De Lint Greenberg Turner, Toronto, Ontario, Canada Speakers Every day, tens of thousands of employees cross international Pablo Kaufer-Barbe Kaufer Barbe & Vincent, Buenos Aires, borders for employment purposes. What options are available to Argentina immigration lawyers to help their multinational business clients Robert Walsh Sparke Helmore, Canberra, Australian Capital comply with immigration and visa law requirements in multiple Territory, Australia countries for these expatriate workers? José Vicente E Jimenez JG Law, Makati City, Philippines • alternative strategies for managing outbound immigration 1400 – 1700 MONDAY projects: multijurisdictional practice, use of co-counsel, local Severn & Thames, Corinthia Towers Hotel counsel or referral? • who is your client? (working with employers, employees and Global business immigration update their family members); • data privacy issues; and Session Chair • managing possible conflicts of interest. Graeme Kirk Gross & Co, London, England; Council, Legal Practice Division; Council, Public and Professional Interest Division Speakers Scott Fitzgerald Fragomen Del Rey Bernsen & Loewy PC, New York, This session will provide a global survey of the latest changes in USA business immigration policies and practices in several of the leading Kenneth Ing Clark Wilson, Vancouver, British Columbia, Canada work visa destination countries in the European Union, the Laura Devine Laura Devine Solicitors, London, England Americas and the Asia Pacific region. Ted L Badoux • What are the new immigration and work visa rule changes in Anne O’Donoghue Anne O’Donoghue & Associates, Sydney, 2005 in the USA, Canada, the UK, the Netherlands, Australia and New South Wales, Australia other developed countries? Stephane Coulaux Meffre & Grall, Paris, France • How long does it take to obtain a visa and work permission for a Carolina Garutti EMDOC Specialised Services, São Paulo, Brazil foreign national? • What additional policy changes are expected in 2006 and 1400 – 1700 THURSDAY beyond? Club B, PCC Speakers Julia Onslow-Cole CMS Cameron McKenna, London, England; A DINNER will be held for Committee members and guests. Council, Legal Practice Division See page 91 for details. Catherine Sas Immigration Law Centre, Vancouver, British 2000 THURSDAY 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 1400 – 1700 WEDNESDAY Meeting Room 4.1, PCC

46 Legal Practice Division Practice Legal section 304 of the Bankruptcy Code, including cases brought by Insolvency, Restructuring Varig Airlines and by Multicanal SA, in which US recognition has and Creditors’ Rights been sought for an Argentine ‘prepackaged’ proceeding. The effect of the EU regulations will also be examined – under Co-Chairs what circumstances should the centre of main interest be in the Ben Floyd Munsch Hardt Kopf & Harr PC, Houston, Texas, USA United States? The panel will also briefly discuss the potential Agustín Bou Jausas, Barcelona, Spain 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 Aviation insolvency in cases filed on and after 17 October 2005. Joint session with Aviation Law. Speakers Session Co-Chairs The Honourable Allan L Gropper United States Bankruptcy Court, Christopher W Besant Cassels Brock & Blackwell LLP, Toronto, New York, USA Ontario, Canada; Senior Vice-Chair, Insolvency and Creditors’ Hugh M Ray Andrews Kurth LLP, Houston, Texas, USA Rights William H Schrag Morgan Lewis & Bockius LLP, New York, USA Berend Crans De Brauw Blackstone Westbroek, Amsterdam, Daniel R Vitolo Vitolo Abogados, Buenos Aires, Argentina; the Netherlands Vice-Chair, Insolvency and Creditors’ Rights Few industries impact global commerce more than commercial Christopher Mallon Weil Gotshal & Manges LLP, London, England aviation. The causes of instability in this sector are myriad: 0930 – 1230 THURSDAY terrorism, SARS, rocketing fuel prices, regulation/deregulation, Club E, PCC 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 Insolvency reform in Eastern Europe in the past months. Panellists, drawn from the ranks of insolvency Session Chair professionals, aviation consultancy and various segments of the Thomas J Salerno Squire Sanders & Dempsey LLP, Phoenix, Arizona, industry will address one of the most complex and persistent USA economic issues confronting the global economy in the 21st Insolvency law reform is becoming an international phenomenon, century. with major efforts underway in Eastern Europe. The panel will focus Speakers on insolvency law reform efforts in the Czech Republic, Slovakia, Steven van de Heijden TUI Nederland NV and ArkeFly, Rijswijk, Romania, and other Eastern European countries, including the Netherlands discussions of political, cultural and economic challenges relating William J Rochelle III Fulbright & Jaworski LLP, New York, USA to such efforts. Frank Bennett Bennett & Company, Toronto, Ontario, Canada Speakers Cameron A McCaw Zwaig Consulting Inc, Antigua, West Indies The Honourable Redfield T Baum United States Bankruptcy Court, Lenard Parkins Hayes & Boone LLP, Houston, Texas, USA Phoenix, Arizona Brigitte Umbach-Spahn Wenger Plattner, Zurich, Switzerland Katarina Čechová Čechová & Partners, Bratislava, Slovakia Rutger Schimmelpenninck Houthoff Buruma, Amsterdam, the Sylva Rychtalikova Rychtalikova Sylva JUDr. Advokat, Prague, Netherlands Czech Republic Steve Akers Grant Thornton UK LLP, London, England Barbu Radu Milhaescu Bucharest, Romania Maria Regina Lynch Xavier Bernardes Bragança, São Paulo, Brazil; Thomas J Salerno Vice-Chair, Aviation Law Bohumil Havel Pilsen, Czech Republic Neil Harnby Linklaters, Amsterdam, the Netherlands 1400 – 1600 THURSDAY Selinda A Melnik Edwards & Angell LLP, Wilmington, Delaware, Club E, PCC USA; Council, Legal Practice Division; Vice-Chair, UNWOC Huib van Doorn debis AirFinance BV, Amsterdam, the Netherlands Open business meeting: project updates and 0930 – 1700 WEDNESDAY future programmes Conference Hall, PCC All Section members are invited to join the Officers of the Section on Insolvency, Restructuring and Creditors’ Rights (SIRC) for an A DINNER will be held for Committee members and guests. update on current and planned Section projects, the opportunity to See page 91 for details. get more actively involved in the Section’s work and suggest panel 2000 WEDNESDAY topics for future conferences, and an open, lively exchange on the most pressing insolvency issues internationally. The world’s insolvency court? 1600 – 1700 THURSDAY Session Chair Club E, PCC 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

47 Speakers Intellectual Property, Peter J McGovern The John Marshall Law School, Chicago, Communications and Technology Illinois, USA Pierre Valentin Withers, London, England Section 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 Art, Cultural Institutions 0930 – 1230 THURSDAY and Heritage Law Museum of Decorative Arts, Prague

Co-Chairs Illicit trade of art in Eastern Europe Jean-François Canat UGCC & Associés, Paris, France Joint session with the European Forum. Christina Manasse Studio Legale Rubini, Milan, Italy Session Chair Do all historic sites deserve preservation? Andreas Cwitkovits Law Firm Cwitkovits, Vienna, Austria; Newsletter Editor and Website Coordinator, Art, Cultural Working Sessions Working Where do we draw the line between Institutions and Heritage Law contemporary developments and the This session will look at the experiences of some countries, in needs of the past, and who decides? particular in Eastern Europe, in relation to illicit trade of art. Joint session with Travel, Tourism and Hospitality Law. Topics will include: provenance inquiries; purchaser’s due See page 67 for details. diligence; rules of behaviour (code of ethics) for museums and 1400 – 1700 MONDAY auctioneers; good faith purchases; export permissions; enforcement Club D, PCC of foreign judgments; police/court power versus seizure immunities; the statute of limitation and its revision and the restitution of Image rights, rights of privacy – illegally exported/stolen property. opportunities and limitation Speakers Joint session with Copyright and Entertainment Law. Christoph von Graffenried Steinbrüchel Hüssy, Zurich, Switzerland; See page 50 for details. Vice-Chair, Art, Cultural Institutions and Heritage Law 1400 – 1700 WEDNESDAY Felicitas Kunth Dorotheum GmbH & Co KG, Prague, Chamber Hall, PCC Czech Republic Louisa von Loringhoven The Art Loss Register, London, England A TOUR AND DINNER will be held for Committee members and Zoltán Zárdai Kovács Réti Szegheö, Budapest, Hungary guests. See page 91 for details. Tomasz Zasacki Wardyński & Partners, Warsaw, Poland 1900 WEDNESDAY Marc-André Renold Geneva University, Geneva, Switzerland 0930 – 1230 FRIDAY Art collectors and collections: legal and Club C, PCC 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 Communications Law Legale Rubini and UGGC & Associés. Co-Chairs Delegates are requested to make their own way to the Museum at Peter Eijsvoogel Allen & Overy LLP, Amsterdam, the Netherlands the following address: Stephanie Liston Wilmer Cutler Pickering Hale and Dorr LLP, Museum of Decorative Arts London, England Ulice 17, Listopada 2, Staré Mesto, Prague 1 Only a limited number of places are available so please register your Internet governance: issues to be considered by interest early at the Speakers’ Desk on Registration. the World Summit on the Information Society Session Co-Chairs Joint session with Intellectual Property and Entertainment Law Christina Manasse and Technology and e-Commerce Law. Edgar H Paltzer Niederer Kraft & Frey, Zurich, Switzerland; Chair, Session Co-Chairs Individual Tax and Estate Planning, Wills, Trusts and Succession Michael Bernasconi Bär & Karrer, Zurich, Switzerland; Vice-Chair, This session will address the legal and fiscal problems that arise in Communications Law dealing with art collections. Rolf auf der Maur VISCHER, Zurich, Switzerland; Vice-Chair, Areas covered will include: Technology and e-Commerce Law • the legal regime; Peter Brownlow Bird & Bird, London, England; Chair, Trademark • IP rights on collections; Law • the protection and immunity of items; On 11 November 2004, the UN Secretary-General, Kofi Annan, • fiscal regime of collections; appointed the Working Group on Internet Governance (WGIG). The • incorporation of trust (advantages/disadvantages) and real estate WGIG will make proposals on the governance of the internet in a planning; and report to be considered at the World Summit on the Information • inheritance issues. 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

48 Legal Practice Division Practice Legal and priorities and future developments and scenarios – both Spectrum policy and planning: paradigms for technological and policy/regulatory. allocation of a critical limited resource This session will focus on some of the most crucial issues that are Joint session with Outer Space Law. of interest for the communications, IP and computer and Session Co-Chairs technology legal communities. Speakers will look at legal issues Owen D Kurtin Brown Raysman Millstein Felder & Steiner LLP, such as the governance of the internet infrastructure (peering, New York, USA; Vice-Chair, Communications Law access, VoIP, standards, etc), the governance of internet security David G Boswell Bell Gully, Auckland, New Zealand; Co-Chair, (cybersecurity, cybercrime, security of network and of information Outer Space Law systems, unlawful contents and access protection, etc) and the issues relating to the use and governance of IP rights and the The competing demands for radio frequency bandwidth among internet. WTO administrations, between civil and commercial use on the one hand, and governmental/military use on the other, and among Speakers terrestrial and space wireless and broadcast carriers, has made Dean Marks AOL Time Warner, New York rational spectrum allocation more critical than ever before. Clara-Luz Alvarez Mexican Telecommunications Commission, As preparations for the ITU’s World Radiocommunication Mexico City, Mexico; Chair, Regulation and Competition Conference 2007 in Geneva (WRC- 07) intensify, a panel of Innocenzo Genna Tiscali SpA, Cagliari, Italy regulators and industry players will discuss key items on the Stefan Schuppert Lovells, Munich, Germany; Vice-Chair, Technology international agenda. and e-Commerce Law The session will consider the following issues: Jan Lichtenberg T-Online International AG, Darmstadt, Germany • the impact of broadband penetration, compression and Gordon Moir BT Global Services, London, England digitalisation on spectrum needs; Ronald Zink Microsoft Corporation, Redmond, Washington, USA; • ‘mixed use’ spectrum licensing and policy; and Vice-Chair, Protection of Technology and Information • allocation and reallocation of spectrum among industry players 1400 – 1700 MONDAY for telecommunications, navigation, meteorology, agriculture, Meeting Hall V, PCC land use management and other uses. Speakers Telecommunications regulation and practice Eric Fournier Agence Nationale Des Fréquences, Paris, France in the ten new EU Member States: Peter G Leonard Gilbert & Tobin, Sydney, New South Wales, progress and problems Australia; Co-Chair, Technology and e-Commerce Law Session Co-Chairs Tom Tycz Former Chief, Satellite Division, International Bureau; Stephanie Liston Federal Communications Commission, Washington DC, USA Peter Eijsvoogel Sudharma Yoonaidharma National Telecommunications Commission, Bangkok, Thailand The ten new EU Member States were obliged to transpose the new Rachel Brandenburger Freshfields Bruckhaus Deringer, London, EU electronic communications framework into national legislation England from the date of their accession to the European Union – 1 May Owen D Kurtin 2004. 0930 – 1230 WEDNESDAY This session will consider the following issues: Terrace 1, PCC • 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, Intellectual Property including lack of public consultation/transparency, insufficient availability of numbers, rights of way and facilities and non- and Entertainment Law availability of carrier selection and local loop unbundling; and Co-Chairs • the impact on investment and valuations in the telecoms sector Lynda Zadra-Symes Knobbe Martens Olson & Bear, Irvine, in the new Member States. California, USA Speakers Didier Sangiorgio Walder Wyss & Partner, Zurich, Switzerland Péter Dankó Magyar Telecom, Budapest, Hungary Stephen Kines Kines, Prague, Czech Republic Specialised intellectual property courts and Kip Meek Ofcom, London, England tribunals: global perceptions and a framework David Wheeler Credit Suisse First Boston, London, England to strengthen the enforcement of intellectual Violetta Kunze Djingov Gouginski Kyutchukov & Velichkov, Sofia, property rights Bulgaria 0930 – 1230 TUESDAY Session Chair Chamber Hall, PCC Clive Elliott Shortland Chambers, Auckland, New Zealand; Council, Legal Practice Division A DINNER will be held for Committee members and guests. The challenges to intellectual property (IP) rights at so many See page 91 for details. levels have prompted an imminent need for establishing and 1945 TUESDAY 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 A DINNER will be held for Committee members and guests. will discuss the purpose of setting up specialised IP courts and See page 91 for details. tribunals, average duration of suits, costs, and new strategies for 1930 TUESDAY more effective enforcement of IP rights. Whether you are in compliance, regulation or enforcement of Persuasive presentation techniques in IP litigation IP rights, a lawyer in private practice, a judge or an IP rightholder, Moderator this session will provide you with a good insight into this important Robert G Krupka Kirkland & Ellis LLP, Los Angeles, California, USA; emerging issue. Senior Vice-Chair, Intellectual Property and Entertainment Law Speakers Persuasion is a core skill in litigation. The techniques for effective The Honourable Judge Michael Fysh Patents County Court, London, presentations in IP litigation are in some ways different because England of the often complex subject matter of IP cases. Franco Benussi European Patent Office, Munich, Germany This programme will be an interactive training session in Urho Ilmonen Nokia Corporation, Helsinki, Finland; persuasive techniques, led by Professor Laurence Rose, Executive Chair, ICC Commission on Intellectual Property Director of the National Institute of Trial Advocacy (NITA). Since Judge Susanne Werner The Federal Patent Court, Munich, Germany 1971, NITA has been the pre-eminent provider of trial advocacy 1030 – 1230 MONDAY training in the United States, with a mission that includes developing Working Sessions Working Club D, PCC and teaching trial advocacy skills to support and promote the effective and fair administration of justice. Join us to participate Internet governance: issues to be considered by in a NITA-type interactive hands-on session that will improve the the World Summit on the Information Society effectiveness and persuasiveness of your advocacy skills. Joint session with Communications Law. See page 48 for details. Speaker 1400 – 1700 MONDAY Laurence M Rose University of Miami Law School, Miami, Florida, Meeting Hall V, PCC USA 1400 – 1700 THURSDAY Club H, PCC Use and abuse of IP rights on the internet Joint session with Technology and e-Commerce Law. Format rights in broadcasting Session Chair Joint session with Media Law. See page 52 for details. Thomas Legler Python Schifferli Peter, Geneva, Switzerland 0930 – 1230 FRIDAY Intellectual property rights are of central importance in maintaining Club D, PCC 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, Copyright and Entertainment Law such as: Chair • new trends in internet technology and their possible abuse with Alexander Birnstiel Nörr Stiefenhofer Lutz, Munich, Germany regard to IP rights; • the controversial issue of music and film distribution online and Image rights, rights of privacy – the implications for copyright; opportunities and limitation • trademark infringement and unfair competition in certain Joint session with Art,Cultural Institutions and Heritage Law advertising practices; and and Media Law. • enforcement and compliance regarding IP rights. Session Co-Chairs Speakers Rachel Atkins Schillings, London, England; Vice-Chair, Copyright Horacio E Gutiérrez-Machado Microsoft EMEA, Paris, France and Entertainment Law Trevor M Albery Warner Bros Entertainment Europe, London, Peter L Bartlett Minter Ellison, Melbourne, Victoria, Australia; England Co-Chair, Media Law Otto Volgenant Kennedy Van der Laan, Amsterdam, the Jean-François Canat UGGC & Associés, Paris, France; Co-Chair, Netherlands Art, Cultural Institutions and Heritage Law Nigel Wildish Field Fisher Waterhouse, London, England; Chair, Protection of Technology and Information Do image rights exist? Richard A Horning Tomlinson Zisko LLP, Palo Alto, California, USA Image is becoming more and more important – for individuals Maureen Daly Beauchamps Solicitors, Dublin, Ireland (celebrity or not) and for companies. But can image rights be Ronald Zink Microsoft Corporation, Redmond, Washington, USA; protected? Do we want them to be? What happens if you are a Vice-Chair, Protection of Technology and Information photographer or an artist – you own the copyright to your work – Karel Čermák Jr Čermák Hořejš Myslil a spol, Prague, Czech why can’t you use it? Republic This session will look at the growth of this area of the law around Raquel Xalabarder Jiménez de Parga Abogados, Barcelona, Spain the world. We will consider how various countries’ laws are Jingzhou Tao Coudert Brothers LLP, Beijing, People's Republic of becoming more uniform while others lag behind. Do people have a China; Vice-Chair, Arbitration right to privacy? Can only celebrities protect their image? What 0930 – 1230 TUESDAY about others? Meeting Hall V, PCC Equally as important, we will consider whether or not image rights are desirable – what about freedom of speech and freedom of expression?

50 Legal Practice Division Practice Legal Speakers Speakers Rachel Atkins David W Kent McMillan Binch Mendelsohn, Toronto, Ontario, Peter L Bartlett Canada Robyn Abraham International Capital Solutions, Beverly Hills, Andrea Appella Time Warner Europe, London, England California, USA Torben Toft Principal Administrator, Media Unit, DG Competition, David Jacoby Phillips Nizer LLP, New York, USA; Vice-Chair, European Commission, Brussels, Belgium Litigation Sandra Heuser T-Online International, Darmstadt, Germany Enric Enrich Enrich Advocats, Barcelona, Spain Tamás Gödölle Bogsch & Partners, Budapest, Hungary; Senior Isabelle Camus Selarl Atem, Paris, France Vice-Chair, European Forum Matthias Prinz Prinz Niedhardt Engerschall, Hamburg, Germany Pablo Hernandez Arroyo SGAE, Madrid, Spain Alistair Bonnington BBC Scotland, Glasgow, Scotland Iñigo Igartua 1400 – 1700 WEDNESDAY Matthias Nordmann 0930 – 1700 THURSDAY Chamber Hall, PCC Chamber Hall, PCC

Digital rights management – wishful thinking or an (upcoming) revolution? Joint session with Licensing Intellectual Property and International Treaties and Antitrust. Licensing Intellectual Property and International Treaties 0930 – 1230 Chair Digital rights management (DRM) revisited Matthias Nordmann Session Chair Alexander Birnstiel Digital rights management – wishful thinking DRM has already been discussed for some years, however, mostly or an (upcoming) revolution? on a purely theoretical basis as it is only now that workable DRM Joint session with Copyright and Entertainment Law. solutions can be found in the marketplace. This calls for a review of See page 51 for details. the current international and national legal framework for DRM 0930 – 1700 THURSDAY activities. Chamber Hall, PCC 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 Patent Law urgently needed. Moreover, the panel will shed light on the question of what impact DRM has and will have for old and new Chair players in the entertainment world. Gonzalo Ulloa Gomez Acebo & Pombo, Madrid, Spain Speakers Commercialising nanotechnology Ronald Zink Microsoft Corporation, Redmond, Washington, USA; Vice-Chair, Protection of Technology and Information Joint session with Technology and e-Commerce Law. Rose Auslander Carter Ledyard & Milburn LLP, New York, USA See page 53 for details. 1400 – 1700 TUESDAY Andrew Sharp Charles Russell, London, England Meeting Hall V, PCC Martin Schippan Lausen Rechtsanwälte, Munich, Germany Leonardo Cervera Navas Data Protection Unit, DG Internal Markets, European Commission, Brussels, Belgium Use of expert witnesses in patent cases Session Chair 1400 – 1700 Gonzalo Ulloa DRM and the future of the collecting societies Experts are often a critical part of patent litigation in many Session Co-Chairs jurisdictions around the world. In other jurisdictions, they play a less Matthias Nordmann Schwarz Kelwing Wicke Westpfahl, Munich, prominent role. To the extent that a conference delegate would Germany; Chair, Licensing Intellectual Property and International have occasion to participate in multijurisdiction litigation, knowing Treaties how experts are used in different jurisdictions would be very Iñigo Igartua Gomez-Acebo & Pombo, Barcelona, Spain; valuable, particularly in the economic efficiency associated with Vice-Chair, Antitrust using the same experts if possible in each of the jurisdictions. It is The historic balance between individual and collective licensing of also valuable in assessing the costs associated with patent litigation copyright works has been shaken heavily by the rise of the internet in certain jurisdictions, as experts play a very prominent role in and by DRM systems in particular. Lately, the European Commission some jurisdictions and can add significant expense to the litigation. has warned collecting societies that trying to transpose their For that reason, the panel of speakers will consist of patent national offline monopolies to the internet may breach EU litigators from four continents: Asia, USA, Western Europe and competition law. Eastern Europe. Each panellist will present the role experts play in An international panel will review these two challenges to today’s patent litigation in their respective jurisdiction, and will speak on collecting societies. The panel will be followed by a discussion on topics including: the repositioning of collecting societies and its effects on the • aspects of patent litigation for which experts are typically used licensing and entertainment business. (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 William Akel Simpson Grierson, Auckland, New Zealand • specific examples of how courts have handled experts. Lloyd Constantine Constantine Cannon, New York, USA Speaker Sandra Baron Media Law Resource Centre, New York, USA Vito A Canuso III Knobbe Martens Olson & Bear LLP, Irvine, 1400 – 1700 MONDAY California, USA Seine & Tiber, Corinthia Towers Hotel Junichi Kitahara Abe Ikubo & Katayama, Tokyo, Japan Andreas von Falck Lovells, Düsseldorf, Germany International media claims management Karel Čermák Jr Čermák Hořejš Myslil a spol, Prague, Czech Session Co-Chairs Republic Mark Stephens Finers Stephens Innocent LLP, London, England; 0930 – 1230 WEDNESDAY Senior Vice-Chair, Media Law Meeting Hall V, PCC 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 Trademark Law jurisdiction claims. How do insurers manage the risk and manage Chair the litigation for international claims?

Working Sessions Working Peter Brownlow Bird & Bird, London, England Speakers Robert D Balin Davis Wright Tremaine, New York, USA Protection and enforcement of unconventional Gail Hambly General Counsel, John Fairfax Holdings Ltd, Sydney, trademarks New South Wales, Australia Roger McConchie McConichie Law Corporation, Vancouver, British Session Chair Columbia, Canada Rosemary M Wallis Baldwins, Auckland, New Zealand; Vice-Chair, Chris Newton Media Professional Insurance, London, England Trademark Law David B Smallman DLA Piper Rudnick Gray Cary, New York, USA Colours, shapes, smells and sounds can all in theory be registered 0930 – 1230 WEDNESDAY as trademarks, but the threshold is high and enforcement runs a Rhone & Rhine, Corinthia Towers Hotel 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 Image rights, rights of privacy – distinctive character, and the scope of such marks for infringement opportunities and limitation purposes. The session will also look at how valuable these marks Joint session with Copyright and Entertainment Law. are and what they add to the more traditional methods of See pages 50 for details. intellectual property protection in this area, such as copyright 1400 – 1700 WEDNESDAY and design. Chamber Hall, PCC Speakers Roger Wyand QC Hogarth Chambers, London, England Sporting events and the media Uwe Luken Bird & Bird, Düsseldorf, Germany Joint session with Sports and Gaming Law. Tamas Godölle Bogsch & Partners, Budapest, Hungary Session Co-Chairs Lynda Zadra-Symes Knobbe Martens Olson & Bear LLP, Irvine, Peter L Bartlett California, USA Goffredo Guerra McDermott Will & Emery / Carnelutti, Milan, Italy; Chris Jordan Davies Collison Cave, Melbourne, Victoria, Australia Chair, Sports and Gaming Law 1400 – 1700 TUESDAY A review of the latest developments in the exploitation of sporting Terrace 1, PCC 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 Media Law Peter James Allens Arthur Robinson, Sydney, New South Wales, Chair Australia Peter L Bartlett Minter Ellison, Melbourne, Victoria, Australia Jorg vön Appen Sportfive GmbH & Co KG, Hamburg, Germany 0930 – 1230 THURSDAY Terrorism – constraints on the media Meeting Room 4.1, PCC Session Chair Kurt Wimmer Covington & Burling, Washington DC, USA; Format rights in broadcasting Secretary, Media Law Joint session with Intellectual Property and Entertainment Law. Freedom of speech is fundamental in a democratic society. This Session Chair session will consider whether that freedom has been unreasonably Sebastian Seelmann-Eggebert Latham & Watkins LLP, Hamburg, impaired by action taken by governments in response to the threat Germany; Newsletter Editor, Media Law posed by terrorists. Herman Croux Marx Van Ranst Vermeersch & Partners, Brussels, Speakers Belgium; Secretary, Intellectual Property and Entertainment Law Peter M Jacobsen Bersenas Jacobsen Chouest Thomson Blackburn Show formats such as Big Brother require considerable investment LLP, Toronto, Ontario, Canada; Vice-Chair, Media Law and can reap enormous commercial rewards. For this reason, Alasdair Pepper Carter-Ruck & Partners, London, England successful shows are susceptible to imitation. This session explores Gail Hambly John Fairfax Holdings Ltd, Sydney, New South Wales, what protection intellectual property law affords to the Australia

52 Legal Practice Division Practice Legal broadcasting format as such. It will also discuss whether the level of Procuring GALILEO and making it work – protection is adequate to promote the development of new formats Europe installs its navigation satellites system in the future. Joint session with Government Procurement. Speakers Session Co-Chairs Madeleine Severová Media Trust Communications, Prague, Czech Ralph P Kroner Simmons & Simmons, Rotterdam, the Netherlands; Republic Vice-Chair, Outer Space Law Wim Hoen Endemol International BV, Hilversum, the Netherlands Roberto Hernandez COMAD SC, Mexico City, Mexico; Vice-Chair, Colin Jarvis BBC Worldwide Ltd, London, England Government Procurement Eric Lauvaux Nomos, Paris, France This session is not only mandatory for lawyers in procurement and Herman Croux outer space law, it will also intrigue specialists in financing and Sebastian Seelmann-Eggebert 0930 – 1230 FRIDAY insurance issues. GALILEO comprises the development, Club D, PCC 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 Outer Space Law procuring both the space and the ground segment of GALILEO. Speakers representing the EU, ESA and industry will also focus on Co-Chairs questions involving the potential marketing opportunities of the Thomas Beer Council of the European Union, Brussels, Belgium different GALILEO applications, on insurance issues concerning the David Boswell Bell Gully, Auckland, New Zealand GALILEO signal transfer and on potential cooperation at international level. A DINNER will be held for Committee members and guests. See page 91 for details. Speakers 1945 TUESDAY Jochen Schaper European Space Agency (ESTEC), Noordwijk, the Netherlands Spectrum policy and planning: paradigms Joern Tjaden Galileo Joint Undertaking, Brussels, Belgium for allocation of a critical limited resource John Boyles ING Bank, Amsterdam, the Netherlands Guillaume de Dinechin International Space Brokers Group, Paris, Joint session with Communications Law. See page 49 for details. France 0930 – 1230 WEDNESDAY 1400 – 1700 THURSDAY Terrace 1, PCC Meeting Room D, Holiday Inn Hotel

‘Beam me up, Scotty!’ Space tourism and its technical, legal and regulatory aspects Joint session with Travel, Tourism and Hospitality Law. Session Co-Chairs Technology and Norbert Knittlmayer Aderhold v Dalwigk Knüppel, Cologne, e-Commerce Law Germany; Vice-Chair, Outer Space Law Co-Chairs Hans-Josef Vogel Busse & Miessen, Bonn, Germany; Vice-Chair, Ken R Moon A J Park, Auckland, New Zealand Travel, Tourism and Hospitality Law Peter G Leonard Gilbert & Tobin, Sydney, New South Wales, 2001 definitely marked the start of space tourism, with US Australia businessman Dennis Tito spending eight days on the International Space Station and becoming the world’s first-ever private space Internet governance: issues to be considered by traveller. Over the next five years, UK entrepreneur Richard the World Summit on the Information Society 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 Joint session with Communications Law. See page 48 for details. the first privately built and operated SpaceShipOne space craft. 1400 – 1700 MONDAY Newspapers report that more than 7,000 people have already Meeting Hall V, PCC registered for such flights, forking out tens of thousands of US dollars as a deposit. According to a recent market study, orbital and Use and abuse of IP rights on the internet suborbital space travel projects could represent annual revenues of Joint session with Intellectual Property and Entertainment Law. hundreds of millions of US dollars by 2021. The session looks at See page 50 for details. trends in the current technical, medical, legal and insurance 0930 – 1230 TUESDAY environment for would-be astronauts. Meeting Hall V, PCC Speakers Jim Benson SpaceDev Inc, Poway, California, USA Commercialising nanotechnology Kai-Uwe Schrogel German Aerospace Center DLR, Cologne, Joint session with Patent Law. Germany Session Co-Chairs Sigmund Jähn Astronaut, Aerospace Consultant, Strausberg, Peter G Leonard Germany Stephen P H Johnson Kirkland & Ellis LLP, San Francisco, California, Walter Drasl Protoura GmbH & Co, Bremen, Germany USA; Secretary and Treasurer, Technology and e-Commerce Law Andra Farand Senior Legal Counsel, European Space Agency, Paris, France Nanotechnology allows things to be built at the scale of atoms and 0930 – 1230 THURSDAY molecules. Nanotech is already applied in products including Meeting Room D, Holiday Inn Hotel pharmaceuticals, air fresheners and paints, and it is in early

53 commercialisation in process control systems, sensors for buildings, • typical BPO transactions; clothing and consumer electronics. Commercialisation of nanotech • mitigating operational risks; will affect industry structure and business models in diverse • measuring business value; and industries. This session introduces nanotechnology and examines • managing organisational change. these trends. Speakers Nanotechnology: opportunities, risk assessment and the Thomas Heymann precautionary principle Trevor W Nagel As the use of nanotechnology in commercial production increases Legal issues in BPO transactions rapidly, controversy about possible dangers continues. Can As the corporation is often transferring many of its proprietary nanoparticles in sunscreens find their way into our body to harmful processes to the supplier, IP issues are more acute in a BPO than in effect? Do products manufactured using nanotechnology create IT outsourcing. This presentation will address these IP concerns and dangerous emissions or a waste disposal problem? How should other BPO legal considerations, with particular emphasis on off- unknown risks be evaluated and how might risks be allocated in shore arrangements, including: commercialisation of nanotechnology • transfer of know-how; In this part, leading commentators on identification, assessment • ownership rights for developments by the supplier; and communication of risk will introduce lawyers to • enforcement of IP rights; and Working Sessions Working nanotechnology opportunities and uncertainties. • which IP rules apply in offshore transactions? Speakers Speaker Annabelle Hett and Richard H Murray Swiss Reinsurance Company, Richard Raysman Brown Raysman Millstein Felder & Steiner, New Zurich, Switzerland and New York, USA York, USA

Nanotechnology patent trends and challenges BPO case study on business transformation Moderator Many corporations approach a BPO, not only from the perspective Bob H Sotiriadis Leger Robic Richard LLP, Montreal, Quebec, of savings but also leveraging supplier expertise to transform Canada; Vice-Chair, Intellectual Property and Entertainment Law business processes. This session will review the recent Deutsche The number of nanotech patents is growing rapidly. This session Bank global BPO engaging Accenture to facilitate the will consider the unique challenges associated with nanotech transformation of several domains within the bank. patents and the commercial opportunities that can be created Issues to be discussed include: through patent protection programmes. • determining transformational objectives; • measuring transformation and business value; Speakers • governance; and William B Bunker Knobbe Martens Olson & Bear, Irvine, California, • pitfalls to avoid in transformational BPOs. USA; Website Coordinator, Intellectual Property and Entertainment Law Speakers Günther S Sattelhak Deutsche Bank AG, Frankfurt am Main, Nanotechnology commercialisation models and strategies Germany Nanotechnology applications often create unusual industrial James A Astorian Accenture, Frankfurt am Main, Germany alliances – chemicals and curtains, electronics and biotechnology. 0930 – 1230 THURSDAY As nanotechnology moves out of laboratories and university parks, Club H, PCC a variety of commercialisation models are emerging. This part considers new legal structures, deal models and contracting structures for commercialisation of nanotechnologies. Half-day excursion to Prague business process outsourcing provider Speakers Marco Dalla Vedova Dalla Vedova Studio Legale, Rome, Italy; Prague is the centre of the ‘near-shore’ outsourcing industry for the Vice-Chair, Regulation and Competition EU, with several major outsourcing vendors maintaining operational Timothy Nielander The Vaccine Fund, Seattle, Washington, USA sites for IT and business process outsourcing. This half-day visit to Accenture’s Prague facilities will provide an overview of how an 1400 – 1700 TUESDAY outsourcing vendor structures and implements outsourcing Meeting Hall V, PCC arrangements, the operation of these processing centres and the role they play in the outsourcing transaction. In addition to a tour Global business process outsourcing of this facility, there will be a discussion of a number of key topics Session Co-Chairs in outsourcing from a supplier perspective, including intellectual Thomas Heymann Heymann & Partner, Frankfurt am Main, property protection, know-how transfer, client confidentiality and Germany; Newsletter Editor, Technology and e-Commerce Law privacy. Trevor W Nagel Pilsbury Winthrop Shaw Pittman LLP, Washington Please note that spaces are limited, so if you do wish to attend DC, USA; Vice-Chair, Technology and e-Commerce Law please register your interest at the Speakers’ Desk. A bus will depart As Prague is the centre of ‘near-shore’ outsourcing in Europe, it the Prague Convention Centre at 1330. is an ideal setting for a session on the growing field of business 1400 – 1700 THURSDAY process outsourcing (‘BPO’) and the use of near-shore and off-shore locations to drive savings. A DINNER will be held for Committee members and guests. See page 91 for details. Overview of the global BPO marketplace 1930 THURSDAY 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:

54 Legal Practice Division Practice Legal Managing and resolving disputes in estate, employment issues and transfer of franchise agreements. IT transactions Speakers Session Co-Chairs Alberto Echarri Mullerat, Madrid, Spain Fraser Mann Goodman & Carr LLP, Toronto, Ontario, Canada Andrew P Loewinger Nixon Peabody LLP, Washington DC, USA Ken R Moon W Andrew Scott Paul Hastings Janofsky & Walker LLP, Atlanta, Georgia, USA; Vice-Chair, International Franchising The complexity, duration and uncertainty of large IT transactions Babette Märzheuser-Wood Field Fisher Waterhouse, London, means that the parties must anticipate the very real possibility of England; Secretary, International Franchising disputes arising in the course of their implementation. The first panel discussion will review contractual measures that 1400 – 1700 TUESDAY can be used to limit the occurrences of disputes. Such measures Club D, PCC include: provisions dealing with change management; governance; project management; termination; and transition. The panel will Termination and non-renewals of franchise, also focus on certain contractual terms and conditions that may distribution and agency agreements give rise to disputes. Joint session with International Sales and Related Commercial The second panel will review dispute resolution terms and Transactions. techniques, such as processes for the escalation of disputes to Session Chair senior management, and mediation and arbitration clauses. Some Richard M Asbill Paul Hastings Janofsky & Walker LLP, Atlanta, of the procedural issues arising in the course of arbitration Georgia, USA proceedings will also be discussed. Speakers will include representatives of both civil law and The ability to withdraw from a commercial agreement and the costs common law countries, and of the vendor and user communities. of doing so are rarely taken into account in considering alternative Finally, some of the unique problems that arise in cross-border methods of product/service distribution. This session will adopt a disputes will also be considered. comparative approach, both in terms of the issues relating to each type of agreement and in terms of the different approaches taken Speakers by various jurisdictions. Aparna Viswanathan Viswanathan & Co, New Delhi, India Charlie Stevenson SUN Microsystems, San Francisco, California, Speakers USA Luiz Henrique O do Amaral Dannemann Siemsen Advogados, Rio Christopher Rees Herbert Smith, London, England de Janeiro, Brazil Fred Chilton Allens Arthur Robinson, Sydney, New South Wales, John R F Baer Sonnenschein Nath & Rosenthal LLP, Chicago, Illinois, Australia USA Juan Pablo M Cardinal Richards Cardinal Tutzer Zabala & Zaefferer, Fabio Bortolotti Buffa Bortolotti & Mathis, Turin, Italy Buenos Aires, Argentina Christof Siefarth Görg Rechtsanwälten, Cologne, Germany Ricardo Barretto Ferreira da Silva Barretto Ferreira Kujawski Richard M Asbill Brancher e Gonçalves, São Paulo, Brazil 1400 – 1700 WEDNESDAY Richard Raysman Brown Raysman Millstein Felder & Steiner LLP, Terrace 1, PCC New York, USA Wolfgang Buechner Lovells, Munich, Germany A DINNER will be held for Committee members and guests. 0930 – 1230 FRIDAY See page 91 for details. Meeting Hall V, PCC 1945 WEDNESDAY

Franchising in Eastern Europe International Sales, Franchising Joint session with the European Forum. Session Chair and Product Law Section 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 International Franchising into the major Eastern European jurisdictions and will include an Chair analysis of the effect of EU membership/non-membership, the John Pratt Hamilton Pratt, Birmingham, England national regulation of franchising including disclosure requirements, the growth of local franchise systems, the role of national franchise Cross-border acquisitions of franchise systems associations and the economic considerations in each jurisdiction. Speakers Session Chair Christoph Liebscher Wolf Theiss & Partners, Vienna, Austria John Vernon Carstens & Cahoon LLP, Dallas, Texas, USA; Marco Hero Tigges Rechtsanwälte, Düsseldorf, Germany Vice-Chair, International Franchising Janusz Koldzynski Wardyński & Partners, Warsaw, Poland Cross-border acquisitions tend to be far more complex than domestic Daniela Szabo Daraszs Law Office, Budapest, Hungary asset or stock acquisitions. Often there are language, cultural and Michael Santa Maria DLA Piper Rudnick Gray Cary, Dallas, legal differences between the purchaser’s country and that of the Texas, USA seller. When the acquisition involves a franchise system, the Svetlana Irasek Vladimirov Law Office, Sofia, Bulgaria complexity of the issues compounds. These acquisitions generally Boris Babic Law Office Babic, Zagreb, Croatia include company-owned and franchised operations that are widely Elena Vukhka Noerr Stiefenhofer Lutz, Moscow, Russian Federation scattered and located not only in the country of the seller’s domicile 0930 – 1230 THURSDAY but in other countries as well. Such dispersion adds complexity, particularly with respect to acquisition of owned and/or leased real Seine & Tiber, Corinthia Towers Hotel

55 Developments in European disclosure Frank-Joerg Semler CMS Hasche Sigle, Stuttgart, Germany requirements and news from around the world Amir Z Singh Pasrich International Law Affiliates, New Delhi, India; Vice-Chair, International Sales and Related Commercial Session Chair Transactions John Pratt Rainer Roniger Haarmann Hügel Rechtsanwälte OEG, Vienna, The International Franchising Committee traditionally reviews Austria worldwide developments, trends and likely future regulations 1400 – 1700 TUESDAY relating to franchising. This year, special attention will be given to Small Hall, PCC reviewing current procedures and developments relating to disclosure requirements in Europe. Termination and non-renewals of franchise Speakers distribution and agency agreements Anders Fernlund Advokatfirman Delphi & Co, Stockholm, Sweden; Joint session with International Franchising. Publications Officer, International Franchising See page 55 for details. Mike Brennan Piper Rudnick LLP, Chicago, Illinois, USA 1400 – 1700 WEDNESDAY Christoph Wildhaber Naegeli & Streichenberg Rechtsanwaelte, Zurich, Switzerland Albrecht Schulz CMS Hasche Sigle, Stuttgart, Germany; Vice-Chair, Committee business meeting Working Sessions Working Senior Lawyers An open meeting of the International Sales and Related John Sotos Sotos Associates, Toronto, Ontario, Canada Commercial Transactions Committee will be held to discuss future Pascal Hollander Hanotiau & van den Berg, Brussels, Belgium activities. Yanos Gramatidis Bahas Gramatidis & Associates, Athens, Greece 1700 WEDNESDAY Suzanne Mercer Eversheds, London, England Terrace 1, PCC 1400 – 1700 THURSDAY Seine & Tiber, Corinthia Towers Hotel Dispute resolution clauses – a practical approach Joint session with Arbitration and Litigation. Session Co-Chairs Jonathan Wood Pierre Bienvenu Ogilvy Renault, Montreal, Quebec, Canada; Vice- International Sales and Chair, Arbitration Related Commercial A client from country A is contracting for the sale of goods with counterparty from country B. They are negotiating the dispute Transactions resolution clause. Do they choose international arbitration, and if so Co-Chairs which forum – ad hoc, ICC, LCIA, SCC etc or the court of a Jonathan Wood Clyde & Co, London, England particular jurisdiction, in which case should it be an exclusive or Klaus Günther Linklaters Oppenhoff & Rädler, Cologne, Germany non-exclusive jurisdiction clause? What considerations apply, and why – eg subject matter, familiarity, nationality, domicile, cost, The impact of model laws on the legal principles convenience, confidentiality, language, mandatory law provisions of civil law and common law systems and enforceability? This will be an interactive session with panellists with expertise in Joint session with Product Law and Advertising. litigation, arbitration and ADR, from civil law and common law See page 57 for details. 1400 – 1700 MONDAY backgrounds. The session will also include a case study. Terrace 1, PCC Speakers John Heaps Eversheds, London, England; Senior Vice-Chair, Distribution strategies and antitrust Litigation James Klotz Davis & Co, Toronto, Ontario, Canada; Council, Public Joint session with Antitrust. & Professional Interest Division Session Co-Chairs Christophe Radtke Lamy Ribeyre & Associés, Lyon, France; Chair, Eytan Epstein Epstein Chomsky Osnat & Co, Tel Aviv, Israel; Senior Agency Distribution Agreements Vice-Chair, International Sales and Related Commercial Kina Chuturkova Borislav Boyanov & Co, Sofia, Bulgaria Transactions Jean-Claude Najar GE Oil & Gas Nuevo Pignone, Florence, Italy; Simon Topping Brussels, Belgium; Publications Officer, Antitrust Vice-Chair, Corporate Counsel Forum An expert panel will examine the pros and cons of various Fei Ning Haiwen & Partners, Shanghai, People's Republic of China distribution strategies such as arm’s-length distribution, licensing, 1400 – 1700 THURSDAY franchising and agency with an emphasis on the extent to which, Panorama Hall, PCC where all other factors are broadly equal, the antitrust concerns or issues might shape the method chosen or at least feature heavily in A DINNER will be held for Committee members and guests. the assessment. In doing so, we will consider, with examples and See page 91 for details. case studies, whether there are particular jurisdictions where the 2000 THURSDAY 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

56 Legal Practice Division Practice Legal Terms of trade: the status of CISG, INCOTERMS International Contracts. Such Convention contains regulations and other model laws and contracts regarding: • form requirements; Session Co-Chairs • time and place of dispatch and receipt of data messages; Wolfgang Hahnkamper Neudorfer, Vienna, Austria; Chair, Vienna • invitations to make offers; Convention Subcommittee • use of automated information systems for contract formation; Bruce Thelan Dickinson Wright PLLC, Detroit, Michigan, USA; and Chair, Financial Aspects of International Sales • error in electronic communications. This is the 25th anniversary of the CISG, which is one of a number Mr Jeffrey W T Chan, Principle Senior State Counsel (Singapore) of efforts to harmonise the laws of international sales. This and head of Working Group IV will provide an overview about programme will look at the status of the CISG, and other model such Convention. A high-ranking Austrian judge and academic, laws and contracts such as INCOTERMS and UNIDROIT Principles of Professor Dr Georg Kodek, University of Vienna, will discuss the International Contracts, together with the electronic tools and repercussions of the transformation of such convention into the resources available as an aid to the international practitioner in national legal system of civil law countries (like most of the relation to the international sale of goods. countries of the European Union are) on some basic legal principles. Speakers Professor Ewan McKendrick, University of Oxford, will examine the Patrick Lindgren Advocare Patrick Lindgren, Helsinki, Finland same aspects with regard to common law systems. Salli Anne Swartz Phillips Giraud Naud & Swartz, Paris, France; Speakers Newsletter Editor, International Sales and Related Commercial Jeffrey Chan Wah Teck Attorney-General’s Chambers, Singapore Transactions Georg E Kodek Court of Appeal, Vienna, Austria Gustáv Bacher Szecskay Attorneys at Law, Budapest, Hungary Ewan G McKendrick University of Oxford, Oxford, England Guido Carducci UNESCO, Paris, France 1400 – 1700 MONDAY Nicole Van Crombrugghe Lafili Van Crombrugghe & Partners, Brussels, Belgium Terrace 1, PCC Luca Castellani UNCITRAL, Vienna, Austria 0930 – 1230 FRIDAY A DINNER will be held for Committee members and guests. North Hall, PCC See page 91 for details. 2000 THURSDAY

Government Procurement Chair Law and Individual Rights Lisa K Miller Arent Fox PLLC, Washington DC, USA Section

Public procurement Joint session with United Nations and Other World Wide Organisations Committee. See page 79 for details. Family Law 0930 – 1700 TUESDAY Chair Meeting Room B, Holiday Inn Hotel Stephen P Komie Komie & Associates, Chicago, Ilinois, USA

Procuring GALILEO and making it work – Locate the loot: transnational asset tracing Europe installs its navigation satellites system Joint session with Criminal Law. Joint session with Outer Space Law. See page 53 for details. Session Chair 1400 – 1700 THURSDAY Stephen P Komie Meeting Room D, Holiday Inn Hotel 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 Product Law and Advertising visible or concealed. Chair Speakers Jorge Santiago Neves Barrocas & Alves Pereira, Lisbon, Portugal Roberta Ceschini Sinisi Ceschini Mancini & Partners, Rome, Italy Wendy Galvin Wendy Galvin Solicitors, Auckland, New Zealand; The impact of model laws on the legal principles Vice-Chair, Family Law Martin S Kenney Martin Kenney & Co Ltd, Tortola, British Virgin of civil law and common law systems Islands Joint session with International Sales and Related Commercial Buddy Parker Gillen Parker & Withers LLC, Atlanta, Georgia, USA Transactions. 0930 – 1230 WEDNESDAY Session Chair Chamber Hall, PCC 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

57 International adoption – the good, the bad and the ugly Indigenous Peoples Joint session with Criminal Law. Chair Session Chair Russell Raikes Cohen Highley LLP, London, Ontario, Canada Anne-Marie Hutchinson OBE Dawson Cornwall Solicitors, London, England; Chair, International Children’s Issues Advancing collective rights in international This programme will be divided into two parts. The first will courts concentrate on Eastern European adoption processes and the demand for babies to be exported. There is no happier court case Session Chair than an uncontested adoption: the parties are happy and everyone Russell Raikes is smiling. However, international adoptions are extremely complex This programme will consider the use of international conventions and require the skill of experienced practitioners. and international law to protect and advance collective rights by, This session intends to examine the complexities of adoption of inter alia, indigenous groups. The programme will focus on the transnational babies. The second part will be devoted to discussing availability and suitability of the World Court and other immoral, improper or criminal purposes for adoption, including the international fora. Is there an international law alternative to the adoption of young girls and boys for sexual purposes. domestic courts? Working Sessions Working Speakers Speakers Wendy Galvin Todd Weiler University of Windsor, Windsor, Ontario, Canada Anne-Marie Hutchinson OBE Özlem Ülgen Department of Law, University of Sheffield, Sheffield, Alina Cobuz-Bagnaru Cobuz & Associates, Bucharest, Romania England Meg Strickler Conaway & Strickler PC, Atlanta, Georgia, USA 1400 – 1700 MONDAY Bunafsha Gulakova Bureau on Human Rights and Rule of Law, Shannon & Clyde, Corinthia Towers Hotel Dushanbe, Tajikistan 0930 – 1230 THURSDAY Displaced populations/displaced borders Vltava & Vistula, Corinthia Towers Hotel Session Chair David Paterson David Paterson Law Corporation, Surrey, British Columbia, Canada This programme will examine issues arising from: the removal of Human Rights Law ethnic groups from their ancestral homelands; and, ethnic groups who remain on their ancestral lands located within geopolitical Chair borders that make them ethnic minorities. It will also address Richard Ahonaruogho Ahonaruogho Ahonaruogho & Co, Lagos, methods of resolving these issues through the courts, by Nigeria negotiation and alternative dispute models. Speakers Victims and witnesses: serious violations of Alan Dodson Johannesburg, South Africa humanitarian law – representation and Russell Raikes compensation 0930 – 1230 TUESDAY Joint session with the Human Rights Institute. Meeting Room 4.2, PCC 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 Medicine and the Law to participate in proceedings before the ICC exists. This session will Session Co-Chairs review the operation of the ICTY, ICTR and ICC in the context of Domenic A Crolla Gowling Lafleur Henderson, Ottawa, Ontario, the representation of victims and witnesses and the provision for Canada compensation. It will further examine issues in the common legal representation of victims from a practical perspective. Pharmacogenomics Speakers Session Chair Fiona McKay International Criminal Court, The Hague, the Domenic A Crolla Netherlands Demetris Vryonides Nicosia, Cyprus; Vice-Chair, Medicine and Aicha Conde ICTR, Paris, France the Law Luc Walleyn Advocats Sans Frontiers, Brussels, Belgium Pharmacogenomics presents novel liability issues for the Mariana Senjak Women’s Therapy Centre, Zenica, Bosnia- pharmaceutical industry, for healthcare practitioners and regulators. Herzegovina Although the privacy and confidentiality of research participants Rupert Skilbeck The Registry, War Crimes and Organised Crime, are obvious concerns, it is less clear how pharmacogenomics will Sarajevo, Bosnia-Herzegovina affect the nature and scope of liability issues arising from the duties 1400 – 1700 WEDNESDAY of manufacturers, distributors, healthcare practitioners and Shannon & Clyde, Corinthia Towers Hotel 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

58 Legal Practice Division Practice Legal pharmacogenomics could lead to infringement of human rights because of new forms of genetic discrimination. Maritime and Aviation Section 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, Aviation Law University of Alberta, Edmonton, Alberta, Canada Chair Arron Walthall Rochdale, England Jeffrey A Peterson Dorsey & Whitney LLP, Vancouver, British Christian Dierks Dierks & Bohle, Berlin, Germany Columbia, Canada Allen Nunnally Wilmer Cutler Pickering Hale and Dorr LLP, Boston, Massachusetts, USA Regulatory issues encountered by airlines 0930 – 1230 TUESDAY in the new EU states Meeting Room 4.1, PCC Session Co-Chairs Mia Wouters Lafili Van Crombrugghe & Partners, Brussels, Belgium Anthrax, SARS and bioweaponry: Peter Marn Svetovanja v Letalstuv, Ljubljana, Slovenia is globalisation bad for your health? Discussion on the regulatory issues, challenges (and frustrations) Session Moderators faced by airlines of the new EU States. The panel will explain, in Demetris Vryonides particular, those issues that continue to pose the greatest Judith W Munson Chicago, Illinois, USA complications and cause tension for the new EU airlines and the Globalisation has forced changes to the way we protect challenges that result from their home markets being opened up international health and maintain public safety against threats of to airlines from other Member States. bioterrorism and emerging infectious diseases. At the forefront of Speakers new initiatives are the revisions to the World Health Organisation’s Eva Lecnarova Czech Airlines, Prague, Czech Republic International Health Regulations, the operation of the European Branka Kartalija Croatia Airlines, Zagreb, Croatia Union’s new Centre for Disease Prevention and Control, the Trevor Soames Howrey LLP, Brussels, Belgium innovative strategies that have been deployed following the anthrax Ludolf Van Hasselt DG Energy and Transport, European attacks in the United States, the enhancement of legal preparedness Commission, Brussels, Belgium in Canada as a result of the SARS epidemic, and the mobilisation of James R Weiss Preston Gates Ellis & Rouvelas Meeds LLP, New York, Interpol against threats posed by bioterrorism. USA This session aims to demonstrate the health risks associated with 1400 – 1700 MONDAY globalisation, while highlighting legal responses aimed to protect Small Theatre, PCC citizens and societies from emerging public health threats. Speakers Cape Town: the practical details of the David Byrne WHO Special Envoy on the Revision of the Convention and how it impacts aircraft International Health Regulations and Former EU Commissioner of financings Health and Consumer Protection; Wilmer Cutler Pickering Hale Session Chair and Dorr LLP, Brussels, Belgium Ravi Nath Rajinder Narain & Co, New Delhi, India; Senior Vice- Zsuzsanna Jakab Director, European Centre for Disease Prevention Chair, Aviation Law and Control, Solna, Sweden This session will cover how the implementation of the Cape Town Rutsel Martha General Counsel, Interpol, Lyon, France Convention has caused aircraft financing lawyers to change The Honourable Carolyn Bennett Minister of State (Public Health), financing structures and documentation. Speakers will not dwell on Ottawa, Ontario, Canada a section-by-section review of the Convention but rather on how Gene Matthews Director, Public Health Law Institute, Atlanta, certain specific sections have altered legal and commercial Georgia, USA practices. 0930 – 1230 WEDNESDAY Shannon & Clyde, Corinthia Towers Hotel 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 Seine & Tiber, Corinthia Towers Hotel

59 Page 60 NAVIGANT Legal Practice Division Practice Legal Repossession war stories (and what changes, if any, Cape Town would have wrought) Maritime and Transport Law Session Chair Chair Patrick Farrell Norton Rose, London, England; Secretary and Derek Hodgson Clyde & Co, London, England Newsletter Editor, Aviation Law A panel of seasoned aviation litigation lawyers will discuss some of Oil pollution – inexpensive prevention or a their best repossession successes and worst nightmares. What went costly cure? The Prestige disaster revisited right and what went wrong, or could have, in seeking to repossess aircraft in numerous jurisdictions. In light of the morning’s session Session Chair on Cape Town, the litigators will discuss the impact – if any – of the Richard F Olsen Constant & Constant, London, England Convention on their repossessions. Quite apart from the ecological consequences, it is at last becoming Speakers appreciated that the pecuniary cost of damage resulting from oil Patrick Farrell pollution can be thousands of times greater than the actual value of John Pritchard Holland & Knight, New York, USA the oil spilled. Governments, and the oil, shipping and insurance Maria Regina Lynch Xavier Bernardes Bragança, São Paulo, Brazil; industries, have concentrated on establishing regimes governing Vice-Chair, Aviation Law issues of liability and compensation for oil spills, but relatively little Ravi Nath Rajinder Narain & Co, New Delhi, India; Senior Vice- attention has been paid to the advantages of preventing pollution Chair, Aviation Law in the first place. 1400 – 1700 TUESDAY This session will consider current liability and compensation Seine & Tiber, Corinthia Towers Hotel principles and practices, and such attempts as are being made by governments and the industries concerned to avert or minimise oil A DINNER will be held for Committee members and guests. pollution, with special reference to the Prestige oil spill. See page 91 for details. Speakers 2000 TUESDAY Mans Jacobsson International Oil Pollution Compensation Funds, London, England Aviation insolvency Charles Donovan Sheppard Mullin, San Francisco, California, USA Joint session with the Insolvency, Restructuring and Creditors’ Anders Ulrik Skuld, Copenhagen, Denmark Rights Section. See page 47 for details. Luis de San Simon San Simon Duch & Co, Madrid, Spain 0930 – 1700 WEDNESDAY Quintus van der Merwe Shepstone & Wylie, Durban, South Africa Conference Hall, PCC Richard Singleton Healy & Baillie, New York, USA (invited) 1400 – 1700 MONDAY Aircraft crash litigation investigation techniques: Conference Hall, PCC using computer and video simulations to recreate a crash and win a lawsuit Recent developments in maritime law around Session Chair the world Sergio Giménez Mullerat, Barcelona, Spain; Treasurer, Aviation Law Session Chair This session will start with a computer and video simulation of a Derek Hodgson commercial aircraft crash, including pilot communications and This regular and popular session of the Maritime and Transport Law cockpit recordings, and conclude with a panel of litigation lawyers Committee will address various practical and topical issues of discussing the use of such simulations at trials. interest in maritime law from a number of jurisdictions. Speakers The speakers will outline changes in the law and interesting George Tompkins Schnaders, New York, USA developments in a number of different and important jurisdictions. Simon Liddy Ebsworth & Ebsworth, Sydney, New South Wales, Speakers Australia Chris Quennell Blake Dawson Waldron, Melbourne, Victoria, Alex Baykitch Blake Dawson Waldron, Sydney, New South Wales, Australia Australia Ana Atallah Richards Butler, Paris, France 0930 – 1230 THURSDAY Christoph Hasche Taylor Wessing, Hamburg, Germany Club A, PCC Jonathan Lux Ince & Co, London, England; Co-Chair, Corporate Social Responsibility ; Co-Chair, Training Courses Aviation roundtable Nagarajah Muttiah Shook Lin & Bok, Kuala Lumpur, Malaysia Session Chair 0930 – 1230 TUESDAY Ian Clark Clark Ricketts, London, England Conference Hall, PCC This session continues the Aviation Law Committee’s ad hoc review of recent issues and depends heavily on audience participation. Shipfinance: loans and securities Committee members are encouraged to speak on a variety of Session Co-Chairs current issues. Peter Appel Gorrissen Federspiel Kierkegaard, Copenhagen, 1400 – 1700 THURSDAY Denmark; Vice-Chair, Maritime and Transport Law Club A, PCC 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 Land Transport Convention and their implication for shipfinance will be examined. Chair The second part of this session will focus on enforcement of Derek Luxford Hicksons, Sydney, New South Wales, Australia securities for shipping loans, including ship mortgages and other guarantees in various jurisdictions and on problems (both legal and Land transport and international supply chain practical) that shipfinancing institutions may face when trying to logistics contracts: managing the risk enforce their security. Bankers, shipmanagers and lawyers will be asked to give their views on a scenario compiled by ‘true’ stories. Session Chair Derek Luxford Speakers Walter H Líon McLaughlin & Stern LLP, New York, USA This interactive session will look at international sale and logistics Matt Hannaford Clyde & Co, London, England contracts and their relationship with international trade terms. It Jan Dreyer Dabelstein & Passehl, Hamburg, Germany will also look at a hypothetical international supply chain contract Lawrence Teh Rodyk & Davidson, Singapore and the management of liabilities arising out of it. There will be a Andri Largiader Columbia Shipmanagement Ltd, Limassol, Cyprus special focus on land and inland waterway interconnections in the supply chain context befitting the Central European location of the Working Sessions Working Len Rambusch Holland & Knight LLP, New York, USA Roxanne Jansen Export Finance & Insurance Corporation, Sydney, Conference. New South Wales, Australia Speakers 1400 – 1700 TUESDAY Forrest Booth Cozen O’Connor, San Francisco, California, USA; Conference Hall, PCC Vice-Chair, Land Transport Michael Hajdasinski Van Traa Advocaten, Amsterdam, the A LUNCH will be held for Committee members and guests. Netherlands See page 91 for details. Jeremy Thomas Constant & Constant, London, England 1130 WEDNESDAY Vincent Prager Stikeman Elliott LLP, Montreal, Quebec, Canada; Christian Breitzke Lebuhn & Puchta, Hamburg, Germany; Newsletter Editor, Maritime and Transport Law Challenges for the risk insurance markets Pavel Sedláček Machytková Sedláček Vaca & Spol, Prague, Czech due to terrorism and the ‘war on terror’ Republic Joint session with Insurance. See page 41 for details. 1400 – 1700 THURSDAY 0930 – 1230 THURSDAY Meeting Hall IV, PCC Severn & Thames, Corinthia Towers Hotel

A DINNER will be held for Committee members and guests. Money Laundering Directive See page 91 for details. 1930 THURSDAY Implementation Group

Maritime lawyers – the new millennium Chair Stephen Revell Freshfields Bruckhaus Deringer, London, England Session Chair Joseph A Hurley Ebsworth & Ebsworth Lawyers, Sydney, New South Wales, Australia; Vice-Chair, Maritime and Transport Law Exploring the challenges for lawyers presented by anti-money laundering legislation around the Maritime lawyers have witnessed a number of important and world; impact of the Third EU Money Laundering significant changes in recent years. This session will look at certain changes, and assess the future role of maritime lawyers in a Directive and other international initiatives on changing market. lawyers The panel, in discussion with the audience, will consider various Session Chair issues both from a lawyer’s perspective and also from a client and Stephen Revell industry perspective, with particular emphasis on recent trends and The text of the Third EU Money Laundering Directive is now the types of issues and requirements that will arise in the future. settled. The new regime will substantially change the regulation Speakers applicable to lawyers and, in particular, to those serving the needs Vivian Ang Allen & Gledhill, Singapore of international clients or cooperating with colleagues from other Graham Harris Thomas Cooper & Stibbard, London, England jurisdictions on multinational matters. FATF continues to focus on Gregory Poulos Cox Wootton Griffin Hansen & Poulos, San the role of lawyers in its work globally and US lawyers and others Francisco, California, USA are coming to terms with the impact. Eric Linnarsson Advokatfirman Lindahl , Stockholm, Sweden The session will cover: 0930 – 1230 FRIDAY • the obligation to identify beneficial ownership and control; Club E, PCC • 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

62 Legal Practice Division Practice Legal and build awareness of the problems or difficulties encountered in Liam O’Daly preventing and detecting money laundering including ‘client Mindaugas Kiskis Lideika Petrauskas Valiunas LAWIN, Vilnius, identification’. Lithuania 0930 – 1230 WEDNESDAY Speakers Vltava & Vistula, PCC Louise Delahunty Peters and Peters, London, England Kevin Martin President, The Law Society of England and Wales, London, England Bernard Vatier President, CCBE, Paris, France Real Estate Section Babajide O Ogundipe Sofunde Osakwe Ogundipe & Belgore, Lagos, Nigeria Chair John Carlson FATF, Paris, France Rafael Truan Blanco Diaz-Bastien & Truan, Madrid, Spain 1400 – 1700 TUESDAY Shannon & Clyde, Corinthia Towers Hotel Do all historic sites deserve preservation? Where do we draw the line between contemporary developments and the Public Law Section needs of the past and who decides? Joint session with Travel, Tourism and Hospitality Law. Chair See page 67 for details. Marry de Gaay Fortman Houthoff Buruma NV, Amsterdam, 1400 – 1700 MONDAY the Netherlands Club D, PCC

European Constitution Development and marketing of hotels and Session Chair casinos in Eastern Europe Marry de Gaay Fortman Joint session with the Travel and Leisure Section. Liam O’Daly Attorney-General’s Office, Dublin, Ireland; Vice-Chair, See page 66 for details Public Law 0930 – 1700 TUESDAY On 18 June 2004, the heads of state and governments of the Club B, PCC 25 Member States of the European Union successfully concluded negotiations on a Treaty establishing a Constitution for Europe. If The real estate boom in Central and ratified by all Member States, the Constitutional Treaty is expected Eastern Europe to enter into force at the earliest on 1 November 2006. Vigorous Joint session with the European Forum. debate is to be expected between now and then as governments Session Co-Chairs seek to explain the Treaty to their citizens. Rafael Truan Blanco This session will present speakers who will deliver papers Borislav Boyanov Borislav Boyanov & Co, Sofia, Bulgaria; Co-Chair, analysing various aspects of the Constitutional Treaty text. In European Forum particular, the session will examine institutional reform, external action and defence and freedom, security and justice provisions of Advent and implementation of privatisation of property in the Constitutional Treaty. Eastern Europe. A practical approach to acquiring real estate in Eastern European countries Speakers Paula O’Hara Barrister at Law, Brussels, Belgium The session will first deal with the laws and procedures developed Bernard Vatier Vatiere & Associés, Paris, France by these countries over the past several years to implement Jean Claude Piris Director General, Council of the European Union, privatisation and registration of titles, including protections afforded Brussels, Belgium to foreign investors. J H H Weiler Jean Monet Center for Regional Economic Law and Then a look at the current situation. A decade later, political and Justice, Bruges, Belgium economic stability, the magic EU and NATO membership, credit Gerard van der Wal Houthoff Buruma, Brussels, Belgium expansion and other factors have substantially influenced the fast development of the residential, commercial, leisure and agricultural 0930 – 1230 TUESDAY real estate markets in CEE. The situation in Russia and Ukraine Club C, PCC follows the same path. We will get into the ‘nitty gritty’ of doing business today in Eastern Europe by addressing the legal and E-voting – have the Luddites won the debate? practical issues involved in the deal making process in this region. Session Chair Foreign ownership, release of barriers, alert on legal risks, real John Kettle Mason Hayes & Curran, Dublin, Ireland; Secretary and estate investment schemes, funds and other vehicles and migration Website Coordinator, Public Law of capital will be discussed. Electronic voting has given rise to controversy in many jurisdictions. Speakers Issues arise as to the secrecy of the ballot and the maintenance of Skip Schwartz Heitman International Private Equity, Frankfurt am an audit trail. The question arises as to whether objections to Main, Germany e-voting emanate from what some might say is a Luddite tendency Martin Kubanek Gleiss Lutz, Frankfurt am Main, Germany to adhere blindly to what we know and trust in non e-voting Olga Humlova Salans, Prague, Czech Republic systems. Speakers at this session will analyse the various issues Robert Juodka Sutkiene Pilkauskas & Partners, Vilnius, Lithuania that e-voting has brought up. Mia Kalas Odvetniiselih & Partners, Ljubljana, Slovenia Speakers Tomas Milasauskas Lideika Petrauskas Valiunas LAWIN, Vilnius, Glyn Morgan Taylor Wessing, London, England Lithuania Joost Linnemann Kennedy Van der Laan, Amsterdam, the 0930 – 1230 THURSDAY Netherlands Club D, PCC

63 Part I Taxation Section • direct beneficiary; • indirect beneficiary; Tax practice – ethical issues in transactions a) forced heirship claims and litigation b) marital claims Session Co-Chairs Disclosure obligations Jonathan Schwarz Tax Chambers, London, England • What are the obligations of trustees, fiduciaries and third parties Ron Wilson Davies Ward Phillips & Vineberg LLP, Toronto, Ontario, (eg banks) to disclose information to beneficiaries and/or heirs Canada and/or spouses? This session will discuss the standards of tax practice in several Part II countries. Panellists will consider five principal issues. The first part will Selecting a jurisdiction (forum shopping) briefly describe the legal and regulatory framework governing the • how to select the jurisdiction to pursue the enforcement practice of tax law in the particular country (including the trans- rights of beneficiaries; and national rules that apply in the European Community). The second • remedies available: preliminary relief (eg Mareva injunctions, part will discuss the lawyer’s basic duties of loyalty and attachments, etc) or others. Working Sessions Working confidentiality in the particular country. The third, fourth and fifth Establishing the beneficiaries’ claim – conflicts of interest parts will discuss the responsibilities and obligations of the lawyer • civil law vs common law; and with respect to the roles of tax planner, return preparer and audit • jurisdiction X vs jurisdiction Y. and litigation representative. The papers will also comment on Speakers differences in the standards of tax practice applicable to persons Lian-Ee Teoh Drew & Napier, Singapore; Vice-Chair, Individual Tax other than lawyers. and Estate Planning, Wills, Trusts and Succession Also to be considered are the use of opinions to avoid penalties Paul A Sczudlo Loeb and Loeb LLP, Los Angeles, California, USA and particular countries’ rules for tax shelters and mass-marketed Bernhard Lorenz Marxer & Partner, Vaduz, Liechtenstein products. Finally, multijurisdictional enforcements and cooperation Robin Vos Macfarlanes, London, England will be discussed in the context of treaty and multilateral Rogelio de la Guardia Arias Fabrega & Fabrega, Panama City, information exchange agreements. Panama Speakers Monique Bhullar New Zealand Trust & Investment Corporation Ltd, Paul Carman Chapman and Cutler LLP, Chicago, Illinois, USA Auckland, New Zealand Gaspard Brulé Caubet Chouchana Meyer, Paris, France Dev R Erriah Erriah & Uteem Chambers, Port Louis, Mauritius; Willem Bon Loyens & Loeff, Rotterdam, the Netherlands Newsletter Editor, Individual Tax and Estate Planning, Wills, Trusts Simona Dumitrache Cabinet de Avocat, Bucharest, Romania and Succession George Ribeiro Vivien Chan & Co, Shanghai, People’s Republic of Kerry Lawrence Ogier & Le Masurier, Jersey, Channel Islands China; Conference Coordinator (Asia), Business Organisations; Stefan Liniger Bär & Karrer, Zurich, Switzerland Vice-Chair, Complex Acquisitions 0930 – 1700 WEDNESDAY Peter Utterström Advokatfirman Delphi & Co, Stockholm, Sweden Club E, PCC 0930 – 1230 WEDNESDAY Club A, PCC Art collectors and collections: legal and fiscal regime Joint session with Art, Cultural Institutions and Heritage Law. See page 48 for details 0930 – 1230 THURSDAY Individual Tax and Estate Museum of Decorative Arts, Prague Planning, Wills, Trusts and Succession Chair Taxes Edgar H Paltzer Niederer Kraft & Frey, Zurich, Switzerland Co-Chairs A DINNER will be held for Committee members and guests. Lewis Steinberg UBS Securities LLC, New York, USA See page 91 for details. Alejandro Escoda Cuatrecasas, Barcelona, Spain 1945 TUESDAY EU developments and accession issues and more Trust litigation from the beneficiaries’ perspective: who can assert being a Session Co-Chairs Guglielmo Maisto Maisto e Associati, Milan, Italy beneficiary of a trust? Klaus Sieker Flick Gocke Schaumburg, Frankfurt am Main, Session Chair Germany Edgar H Paltzer This session will discuss the consequences of the inclusion in the EU At this full-day session, trust experts from all over the world will of ten new Member States as of 1 April 2004 and comment on the first address the panel topics from the perspective of their possibilities of utilising new Member States’ local incentives. respective jurisdictions followed by an interactive panel discussion Furthermore, the panel will focus on the harmonisation of tax rates of various hypothetical cases. 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

64 Legal Practice Division Practice Legal ECJ and pending cases (such as cross-border consolidation, the Speakers most-favoured-nation principle) and their impact on tax Stefano Petrecca Di Tanno e Associati, Rome, Italy harmonisation and the consequences of the growing harmonisation Andreas Rodin Poellath & Partners, Berlin, Germany; Vice-Chair, within the EU (expansion of the EU Parent-Subsidiary Directive, the Specialised Investment Funds Interest and Royalty Directive) has on the position of third countries Pieter de Ridder Loyens & Loeff, Singapore like Switzerland. The latest developments in the field of Nishith Desai Nishith Desai & Associates, Mumbai, India harmonising indirect taxes will also be discussed. Frederick Feyten NautaDutilh, Luxembourg Speakers Thomas A Jorgensen Calfee Halter & Griswold LLP, Cleveland, Ohio, Robert Krasnodebski Weil Gotshal & Manges, Warsaw, Poland USA Hans Georg-Berg Skadden Arps Slate Meagher & Flom, Frankfurt 1400 – 1700 TUESDAY am Main, Germany Club A, PCC Tomas Balco Ministry of Finance, Prague, Czech Republic Elias Neocleous Neocleous Law Firm, Limassol, Cyprus A DINNER will be held for Committee members and guests. Konstantin Kotivnenko Sorainen Law Offices, Tallinn, Estonia See page 91 for details. Walter Boss Blum Attorneys at Law, Zurich, Switzerland 1945 TUESDAY 1400 – 1700 MONDAY Club A, PCC Business model tax planning Session Co-Chairs Cross-border real estate investment Lowell Yoder McDermott Will & Emery, Chicago, Illinois, USA Wilbert Kannekens KPMG Meijburg & Co LLP, Amsterdam, the Session Co-Chairs Netherlands Ton Kemp Linklaters, Prague, Czech Republic Catherine Charpentier Ashurst, Paris, France This panel will consider business model driven changes to a corporate group’s activity and the tax issues related to such This panel addresses the tax treatment of acquisitions and disposals planning. The context for this will be various group centralisations of real estate by various real estate holding structures, such as and outsourcing initiatives including cash pooling, central investment funds, private equity vehicles and REITs. It covers the tax procurement, accounting and collection, risk management and treatment in the host country, and compares share deals to asset research and development among other things. deals. The topic also highlights opportunities for cross-border real Consideration will be given to the taxation of the conversion estate acquisitions, such as loopholes in tax treaties or specific transactions implementing the group structural change as well as planning techniques in the jurisdictions in which investors most the ongoing income tax implications under the structure, including commonly invest. Other charges, such as indirect taxes in relation to transfer pricing and permanent establishment issues. The panel will the sale, purchase and holding of real estate, will also be analysed. also consider VAT implications, as well as certain compensation and Speakers benefit plan implications. Kathleen Hanly Fasken Martineau, Toronto, Ontario, Canada Speakers Martin Phelan William Fry Solicitors, Dublin, Ireland Huib C Brouwer GE International Inc, London, England Gottfried Breuninger Shearman & Sterling, Munich, Germany Eveline Saupper Homburger, Zurich, Switzerland Albert Collado Garrigues, Barcelona, Spain Ricardo Luiz Becker Pinheiro Neto Advogados, São Paulo, Brazil Jacques de Servigny Gide Loyrette Nouel, Budapest, Hungary William Thompson Minter Ellison, Brisbane, Queensland, Australia 1400 – 1700 WEDNESDAY 0930 – 1230 TUESDAY Club A, PCC Club A, PCC

Structuring international private equity Current developments and fixed topics investments Session Co-Chairs Riccardo Michelutti Maisto e Associati, Milan, Italy Session Co-Chairs Leandro M Passarella Negri & Teijeiro Abogados, Buenos Aires, Stephen Shay Ropes & Gray LLP, Boston, Massachusetts, USA Argentina Michael Trask S J Berwin LLP, London, England Martin Nilsson Mannheimer Swartling, Stockholm, Sweden In recent years, private equity funds have been among the most Sonia Velasco Cuatrecasas, Barcelona, Spain active players in the merger and acquisition arena. The first portion Current tax developments will be presented by reporters from all of the panel discussion will review tax issues that sponsors of contributing jurisdictions, together with a panel regarding a fixed private equity take into account in designing a fund to topic to be identified. accommodate the differing tax position of individual pension funds and other investors having varying tax characteristics. The panel will Speakers look at examples of funds organised in several jurisdictions where Ana Lucia Ferreyra Negri & Teijeiro Abogados, Buenos Aires, private equity has been growing in importance, including the Argentina United States, France, Germany and the United Kingdom. Tom May Herbert Greer & Rundle, Melbourne, Victoria, Australia The second part of the panel discussion will be directed at how Clemens Hasenauer Cerha Hempel Spiegelfeld Hlawati, Vienna, private equity funds structure leveraged cross-border portfolio Austria investments to maximise after-tax returns to their portfolio Kristoffel Vermeersch Marx Van Ranst Vermeersch & Partners, investors. The panel will consider the tax issues that arise in Brussels, Belgium arranging bank, private placement and public debt financing. Frederico Cunha Viseu Castro Cunha Oricchio Advogados, The panel will analyse case study examples of structures that are São Paulo, Brazil employed to permit efficient recapitalisations and disposition of a Ronald J McKenna Aird & Berlis LLP, Toronto, Ontario, Canada portfolio company resident in a jurisdiction other than that of the Felipe Yanez Alessandri & Compañía, Santiago, Chile acquiring fund.

65 Stephane Vernay Gide Loyrette Nouel, Beijing, People's Republic of The session will continue with issues related to the choice of China management, especially a choice between franchisees and Wilson Ramos Jose Lloreda Camacho & Co, Bogotá, Colombia independent operators. Elias Neocleous Andreas Neocleous & Co, Limassol, Cyprus It will then cover marketing of hotels and casinos, looking at Radek Halicek White & Case, Prague, Czech Republic loyalty programmes, viral marketing and other emerging means of Anne Krebs Lindh Stabell Horten, Copenhagen, Denmark drawing repeat guests. A look at advertising issues will follow, Monika Sehver Raidla & Partners, Tallinn, Estonia considering contests/illegal lottery exemptions and other Pia Aalto Roschier Holmberg, Helsinki, Finland promotional issues, as well as a consideration of privacy issues, Agnes de l’Estoile-Campi CMS Bureau Francis Lefebvre, Paris, including those related to personal information on frequent guests France and the gambling habits of patrons. Stephen Hecht Flick Gocke Schaumburg, Bonn, Germany An ‘open mike’ will conclude the session in which attendees are Katerina Perrou Siembos & Associates, Athens, Greece invited to share their experiences and some solutions with the Sandy Wong Dibb Lupton Alsop, Hong Kong SAR audience. Lilla Stricca Haarmann Hemmelrath & Partner, Budapest, Hungary Speakers Erna Hjaltested Logos Legal Service, Reykjavik, Iceland Rafael Truan Blanco Bijal Ajinkya Nishith Desai Associates, Mumbai, India Evan Lazar Salans, Prague, Czech Republic Eugene Flynn Lexindo Consulting, Jakarta, Indonesia Working Sessions Working Mia Kalas Odvetniiselih & Partners, Ljubljana, Slovenia Brian Duffy William Fry Solicitors, Dublin, Ireland John Vernon Carstens & Cahoon LLP, Dallas, Texas, USA; Sarah Bellilchi Cohen Legal Partners, Israel Vice-Chair, International Franchising Paola Albano Gianni Origoni Grippo & Partners, Rome, Italy Brenda Pritchard Young Moo Sihin Shin & Kim Law Office, Seoul, Korea Joel Buckberg Executive Vice-President, Cendant Corporation, Frederic Feyten NautaDutilh, Luxembourg Parsippany, New Jersey, USA Ka Im Goh Shearn Delamore & Co, Kuala Lumpur, Malaysia Robin Bynoe Charles Russell LLP, London, England Dev Erriah Erriah & Uteem Chambers, Port Louis, Mauritius Jörg K Menzer Noerr Stiepenhofer Lutz, Munich, Germany Luis Ortiz de la Concha Ortiz Dominguez Y Asociados SC, Mexico 0930 – 1700 TUESDAY City, Mexico Niels Campbell Bell Gully, Auckland, New Zealand Club B, PCC Dariusz Wasylkowski Wardyński & Partners, Warsaw, Poland; Vice-Chair, European Forum The emergence of ‘dynamic packaging’ of Antonio Rocha Mendes Gonçalves Pereira Castelo Branco & travel products: can the law keep up with Associados, Lisbon, Portugal this huge internet phenomenon? Simona Dumitrache Simona Dumitrache Cabinet de Avocat, Session Co-Chairs Bucharest, Romania Hans-Josef Vogel Busse & Miessen, Bonn, Germany; Vice-Chair, Yeoh Lian Chuan Allen & Gledhill, Singapore Travel, Tourism and Hospitality Law Alan Keep Bowman Gilfillan, Sandton, Johannesburg, South Africa Rory Gogarty Holman Fenwick & Willan, London, England Jose Palacios Garrigues Abogados y Asesores Tributarios, Madrid, Most businesses are affected by the internet. This is especially so for Spain one of the biggest industries in the world, which is also the largest Meter Utterstrom Delphi & Co, Stockholm, Sweden legitimate industry on the Net: travel. The travel business on the Tiziana Marenco Szabo CMS von Erlach Klainguti Stettler Wille, internet has rapidly developed from primarily selling traditional Zurich, Switzerland packaged holiday products to generating a new business that has Charlotte Fallon Skadden Arps Slate Meagher & Flom LLP, London, changed the industry fundamentally: dynamic packaging. England It used to be that the package holidays millions of consumers Seannon Fallon Meeks Winston & Strawn, Washington DC, USA booked worldwide were pre-arranged months ahead; catalogues Juan Carlos Garanton-Blanco Torres Plaz & Araujo, Caracas, were printed, prices set, inspections carried out . . . no more. The Venezuela new package holiday is often created on the spot, in connection Lodewijk Berger Loyens & Loeff, Amsterdam, the Netherlands with a low-cost airline ticket bought through a small operator, 0930 – 1700 THURSDAY using a PC and a real-time connection to a hotel and transportation Small Hall, PCC 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 Travel and Leisure Section for higher margins. Numerous commercial and legal issues arise as a result of this Development and marketing of hotels new business, primarily in relation to pricing, quality and regulation. and casinos in Eastern Europe Thousands of start-ups ranging from individuals on their home PCs Joint session with the Real Estate Section. to traditional travel agents are out there selling holidays, unaware of the laws and regulations governing operators, or dodging them Session Co-Chairs to the detriment of the consumer. IP and data protection issues Brenda Pritchard Gowling Lafleur Henderson LLP, Toronto, Ontario, abound, as the ownership of the data these operators dip into Canada becomes contested. Do we need new laws to regulate this new Rafael Truan Blanco Díaz-Bastien & Truan, Madrid, Spain; way of selling and operating a vacation business? Are lower Chair, Real Estate Law standards for such dynamic packagers appropriate? Can we simply This full-day session will cover all aspects of developing and apply existing legal and regulatory regimes? How do various marketing hotels and casinos in Eastern Europe. It will begin with jurisdictions deal with these issues? an examination of land acquisition, construction and public law issues, including zoning.

66 Legal Practice Division Practice Legal Speakers Should all development of sites that claim to have historic value Claudia Brözel Verband Internet Reisevertrieb, Frankfurt am Main, be prevented? Who will ensure that the site has legitimate historic Germany interest? Can tourism (a clear ‘market’ measure of legitimacy) tell us Rory Gogarty whether we have swung the balance too much one way or the Gregory Leather Barringer Leather Lawyers, Sydney, New South other? What if, as in Shanghai, world-class architects are putting up Wales, Australia buildings which are themselves bringing tourism to the area? Will Michael Pepper Travel Industry Council of Ontario, Mississauga, the Chinese damming of the Three Gorges area, drowning historic Ontario, Canada sites in the interests of protection from future flooding, decimate Hans-Josef Vogel history and end tourism that the area needs? When should the past Jan Widlund Advokatfirman Vinge, Stockholm, Sweden trump the future? Gary E Davidson Rasco Reininger Perez Esquenazi Vigil, Coral Speakers Gables, Florida, USA Donald Hankey GHK International, London, England 1400 – 1700 WEDNESDAY Alfred Schönburg-Hartenstein Hans Windisch-Graetz GmbH, Club B, PCC Vienna, Austria Adrian Parkhouse Mitchell Schwarzer California College of the Arts, Oakland, California, USA Rafael Truan Blanco Sports and Gaming Law 1400 – 1700 MONDAY Chair Club D, PCC Goffredo Guerra McDermott Will & Emery LLP / Carnelutti, Milan, Italy Trafficking in humans for cheap labour and sex tourism Sporting events and the media Joint session with Criminal Law and the Human Rights Institute. Joint session with Media Law. See page 52 for details. Session Co-Chairs 0930 – 1230 THURSDAY Laura K Christa Meeting Room 4.1, PCC Luz Estella Nagle Stetson University College of Law, St Petersburg, Florida, USA; Secretary and Website Coordinator, Criminal Law A DINNER will be held for Committee members and guests. Ramón Mullerat Mullerat, Barcelona, Spain; Co-Chair, Corporate See page 91 for details. Social Responsibility 2000 THURSDAY 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 Travel, Tourism disaster is a painful reminder of how widespread human trafficking is. To be examined are: the role of international corporations in the and Hospitality Law trafficking of human beings for the purposes of supplying cheap Chair labour; and enforcement efforts of some countries to curb Laura K Christa Christa & Jackson, Los Angeles, California, USA trafficking, including US efforts to prosecute those who leave the United States with the intent to have sexual relations with a minor. Do all historic sites deserve preservation? Other jurisdictions will be examined for similar efforts, including Where do we draw the line between enforcement efforts within jurisdictions are frequent cheap labour contemporary developments and the and sex tourism destinations. Beyond enforcement efforts, however, the ‘politics’ of trafficking needs of the past, and who decides? will be considered, especially the complicity of a ‘receiving‘ country, Joint session with the Real Estate Section and Art, Cultural which may ignore the trade and even tacitly encourage it for tourist Institutions and Heritage Law. or economic benefits. The panellists will encourage those attending Session Co-Chairs the session to join in forming an investigatory task force into the Laura K Christa best way of dealing with the problem. Adrian Parkhouse Farrer & Co, London, England; Vice-Chair, Art, Speakers Cultural Institutions and Heritage Law Bolaji Owasanoye Nigerian Institute of Advanced Legal Studies, Rafael Truan Blanco Díaz-Bastien & Truan, Madrid, Spain; Chair, Lagos, Nigeria Real Estate Law Petra Burcikova La Strada International, Prague, Czech Republic Most agree that a world-class historic site should not be razed in Douglas Malloy Chief Assistant US Attorney, Fort Myers, Florida, USA order to build an ordinary shopping centre. Around the world, Marie Dyhrberg Auckland, New Zealand; Vice-Chair, Criminal Law however, governments, architects, preservationists and developers Linda Malone William & Mary School of Law, Williamsburg, are struggling with defining what is ‘historic’. Virginia, USA In some countries, such as China, there is grave concern that the Vivien Chan Vivien Chan & Co, Hong Kong SAR; Vice-Chair, Asia architecture representing 4,000 years of history is disappearing, Pacific Forum while in the modern city of Los Angeles, the City Council has 0930 – 1230 WEDNESDAY provided for reviewing architectural changes to properties in 20 Club B, PCC 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?

67 ‘Beam me up Scotty!’ Space tourism and its Reinier Lock Washington DC, USA; Chair, Section on Energy, technical, legal and regulatory aspects Environment, Natural Resources and Infrastructure Law Joint session with Outer Space Law. See page 53 for details. Sternford Moyo Scanlen & Holderness, Harare, Zimbabwe Olaleye Adebiyi Aluko & Oyebode, Lagos, Nigeria 0930 – 1230 THURSDAY Norman Arendse SC General Council, Bar of South Africa, Meeting Room D, Holiday Inn Hotel Cape Town, South Africa 1400 – 1700 WEDNESDAY A DINNER will be held for Committee members and guests. Vltava & Vistula, Corinthia Towers Hotel See page 91 for details. 2000 THURSDAY Asia Pacific Forum

African Regional Forum Co-Chairs Jon North Allens Arthur Robinson, Sydney, New South Wales, Chair Australia Segun Onakoya Segun & Segun, Lagos, Nigeria Som Mandal Fox Mandal, New Delhi, India Working Sessions Working

A LUNCH will be held for Conference delegates. A LUNCH will be held for Conference delegates. See page 89 for details. 1230 – 1400 TUESDAY Speaker Francis Jardeleza San Miguel, Manila, Philippines AN OPEN BUSINESS MEETING of the African Regional Forum to See page 89 for details. discuss future activities. 1230 – 1400 WEDNESDAY 1400 – 1700 TUESDAY Meeting Room A, Holiday Inn Hotel Corporate Counsel Forum Privatisation in Africa Session Chair Co-Chairs Emmanuel Chukwuka Ukala E C Ukala & Co, Port Harcourt, Nigeria Jan Eijsbouts Akzo Nobel NV, Arnhem, the Netherlands Logan G Robinson Delphi Corporation, Troy, Michigan, USA 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 Privilege and professional secrecy consultants. Joint session with the Dispute Resolution Section. This session aims to familiarise practitioners with the principles of See page 31 for details. privatisation encompassing commercialisation, corporatisation, 1030 – 1700 MONDAY contracting out (or outsourcing), management contracts, franchises, Panorama Hall, PCC leases, concessions, strategic partnerships and asset sales. Speakers Professional rules for in-house counsel Marc Frilet Frilet & Associés, Paris, France; Chair, Training Courses Moderator Committee Jean-Claude Najar GE Oil & Gas Nuovo Pignone, Florence, Italy; Nnaemeka Ewelukwa London, England Vice-Chair, Corporate Counsel Forum Chief Joe Kyari Gadzama Jk Gadzama & Co, Abuja, Nigeria This panel will deal with the position, responsibilities and duties of Hans Evenhuis Cliffe Dekker Inc, Sandton, Johannesburg, South in-house counsel. Issues to be reviewed and discussed will involve a Africa broad range of aspects. These will include questions such as who is Jacob Arko Saah Saah & Company, Accra, Ghana the client, particularly in a multinational conglomerate context, 0930 – 1230 WEDNESDAY when will the service role of the lawyer be overruled by the Club D, PCC gatekeeper role, what, when and to whom to report regular and irregular matters, what to do in internal investigations and how to NEPAD: The role of lawyers in the African secure and retain legal privilege. Best practice will be addressed in renaissance issues such as SOX up the ladder reporting. Is it possible to draft a Joint session with the Bar Issues Commission. global code of conduct for in-house counsel and what should it contain? What parties should be involved and when and how? Session Co-Chairs The Corporate Counsel Forum intends to develop a draft for Segun Onakoya review and discussion at the Conference. Malcolm Wallis SC Durban, South Africa Panellists NEPAD programme implementation areas are peace and security, Carl Belding IBM EMEA, Paris, France infrastructure, agriculture, tourism, ICT, health, education and Jan Eijsbouts science and technology. All these can only be achieved if there Kirsi Komi Nokia Corporation, Helsinki, Finland; Council, Legal is a transparent local and international judicial system in the Practice Division implementation of the initiative. Jaap Winter De Brauw Blackstone Westbroek NV, Amsterdam, the Speakers Netherlands John St Claret Ezeani Marshall and Stevens, Lagos, Nigeria 0930 – 1230 TUESDAY Georges P Racine Fasken Martineau DuMoulin LLP, London, Panorama Hall, PCC England Nimisoere Walson-Jack Port Harcourt, Nigeria

68 Legal Practice Division Practice Legal A LUNCH, supported by Lex Mundi and its member firm for United Nations Norms on the Responsibilities of Germany, Nörr Stiefenhofer Lutz, will be held for Conference Transnational Corporations and Other Business delegates. See page 89 for details. Enterprises with Regard to Human Rights 1230 – 1400 TUESDAY Joint session with Corporate Social Responsibility. See page 74 for details. Rules and models for cooperation and 1400 – 1700 THURSDAY engagement of outside counsel Severn & Thames, Corinthia Towers Hotel Moderator Logan G Robinson The panel will review the relationship between in-house and outside counsel, including: how should outside counsel handle competing European Forum interests within a corporate entity, represented by in-house counsel, operating management, and the board of directors. What about Co-Chairs conflicts between the local subsidiary, and the foreign Borislav Boyanov Borislav Boyanov & Co, Sofia, Bulgaria headquarters? How can in-house counsel best manage outside Rolandas Valiunas Lideika Petrauskas Valiunas LAWIN, Vilnius, legal costs in a time of rapid legal cost inflation: is an hourly rate Lithuania the best, or are contingency fees, success fees or other partnering arrangements the better approach? Are in-house departments and A LUNCH will be held for Conference delegates. outside firms better served by long-standing relationships or by See page 89 for details. competitive ‘beauty‘ contests? What impact has the US Sarbanes- 1230 – 1400 MONDAY Oxley Act, particularly the provisions on lawyers’ responsibilities, Suite 2, Corinthia Towers Hotel had on worldwide counsel servicing US publicly traded companies? Have there been similar corporate governance trends in other Public-private partnership – the removal of jurisdictions? Is service by outside counsel on a board of directors barriers whose firm also represents the company a conflict of interest? Joint session with Project Finance and International Construction Panellists Projects. Bruno Cova Paul Hastings Janofsky & Walker LLP, Milan, Italy; Session Co-Chairs Council, Legal Practice Division Pii Ketvel Clyde & Co, London, England Peter Herbel General Counsel, Total, Paris, France Emmanuel Fontaine Gide Loyrette & Nouel, Paris, France; Chair, Sylvia Khatcherian Morgan Stanley, New York, USA; Council, Project Finance Legal Practice Division Paul Smith Eversheds, London, England Public-private partnerships (PPPs) offer a number of opportunities 1400 – 1700 TUESDAY for lawyers, but also raise many new issues for all of us, whether we are advising sponsors, bankers, governments or rating agencies. Panorama Hall, PCC This session focuses on the opportunities and obstacles in Europe, in particular in the CEE countries, where there is significant interest Litigators’ forum for corporate counsel in PPPs. The session is aimed both at lawyers experienced in PPPs, Joint session with Litigation. See page 34 for details. and at lawyers who have not yet worked on PPPs but expect to do 1400 – 1700 WEDNESDAY so in the near future. Meeting Hall I, PCC The session will be divided into general issues and drafting issues and will examine: Improving compliance and risk management for • why and when to choose PPP; the international business • different parties’ preference for risk; • working with partners – how is PPP different? Organised by Martindale-Hubbell • bankability requirements; and Session Co-Chairs • major pitfalls. E Leigh Dance ELD Project Marketing International, Inc, New York, Speakers USA Patricia Baquero World Bank, Washington DC, USA Derek Benton Martindale-Hubbell, London, England Alexei Zverev European Bank for Reconstruction and Development, This session will look at the following: London, England • beyond ‘control central’ – pushing compliance accountability and Arent van Wassenaer Norton Rose, Amsterdam, the Netherlands; review from the legal department to the businesses; Co-Chair, International Construction Projects • adapting risk management efforts to diverse cultures and Dovile Burgiene Lideika Petrauskas Valiunas LAWIN, Vilnius, regulatory dynamics; Lithuania • involving business people and outside lawyers in self- Jukka Luukkanen European Investment Bank, Luxembourg assessments, reporting, and compliance training; and Leonard Cleland Clifford Chance, Frankfurt am Main, Germany • handling the legal department’s heavy workload on Eugenia Gutium Gutium Si Asociatii SCA, Bucharest, Romania compliance and risk management – increasing the efficiency of Judith O’Driscoll Standard & Poor’s, London, England your operations and administration. 1400 – 1700 MONDAY Speakers Chamber Hall, PCC 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 Rhone & Rhine, Corinthia Towers Hotel

69 Protection of investors’ rights in the light of The real estate boom in Central and recent developments in Russia Eastern Europe Session Chair Joint session with Real Estate Law. See page 63 for details. Doran Doeh Denton Wilde Sapte, Moscow, Russian Federation 0930 – 1230 THURSDAY Protection of investments has become the subject of active Club D, PCC discussion by lawyers and businesspeople, due to recent court cases in Russia. The Government and independent experts agree Franchising in Eastern Europe that the trust of investors was to some extent undermined. Joint session with International Franchising. Lately, the Government has been proposing special measures to See page 55 for details. improve the investment climate, and to give investments more 0930 – 1230 THURSDAY security. The discussion will focus on potential risks to be faced Seine & Tiber, Corinthia Towers Hotel while investing in Russia and ways of protecting the interests of investors. Concerns of Russians in investing abroad will also be The European Court of Human Rights for the considered. business lawyer The session will be divided into general issues and they will examine: SHOWCASE PROGRAMME Working Sessions Working • legislators’ initiative to improve the investment climate in Russia See page 23 for details. after its recent decline; 0930 – 1230 THURSDAY • how to get investors comfortable to sponsor projects in Russia; Forum Hall, PCC • investment banking in Russia - principal legal risks; • developments in Russian bankruptcy law; and Civil litigation in Europe • Russian investments in overseas oil and gas projects Joint session with Litigation. Speakers Session Chair Vassili Rudomino Alrud Law Firm, Moscow, Russian Federation Paul M Storm NautaDutilh, Rotterdam, the Netherlands Andrei Baev Allen & Overy LLP, Moscow, Russian Federation This session is primarily intended for lawyers from the new Konstantin Orlov Renaissance Capital Group, Moscow, Russian EU Member States to make them more acquainted with various Federation EU instruments likely to directly affect their litigation practices, Ekaterina M Akkush LUKOIL Overseas Group, Moscow, Russian such as: regulations on jurisdiction and enforcement of judgments Federation (‘Brussels I’); evidence, service of documents and insolvency, etc. Maria Starastina Reznick Gagarin Abushakhmin & Partners, The afternoon part of the session will focus on a discussion of a Moscow, Russian Federation hypothetical case on Brussels I and service of documents. 1400 – 1700 TUESDAY This session will also be of interest to other lawyers faced with Rhone & Rhine, Corinthia Towers Hotel litigation in Europe. Liability of the directors – more challenges ahead Speakers Alexander Layton QC London, England Session Chair Michael Polonsky Berwin Leighton Paisner, London, England; Rolandas Valiunas Co-Chair, International Litigation Conventions and Laws The time when the position of the director at the board of Marcin Radwan Wardyński & Partners, Warsaw, Poland numerous companies meant good payroll and reputation has long Hugh Mercer Essex Court Chambers, London, England since passed. Shareholders, state institutions, creditors and other 0930 – 1700 FRIDAY stakeholders become more and more demanding. The director Conference Hall, PCC might easily become a target for the claims of stakeholders, distressed by unexpected losses. The expectations to demonstrate Illicit trade of art in Eastern Europe better qualifications and care, to devote time sufficiently are increasing continuously. However, even best performing directors Joint session with Art, Cultural Institutions and Heritage Law. are not on the safe side. See page 48 for details. A case study on a multinational company that is facing 0930 – 1230 FRIDAY substantial problems will be analysed. The performance of the Club C, PCC 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 1400 – 1700 WEDNESDAY Rhone & Rhine, Corinthia Towers Hotel

A DINNER will be held for Committee members and guests. See page 89 for details. 1900 WEDNESDAY

70 Legal Practice Division Practice Legal Sovereignty issues in litigation and arbitration Latin American and in Latin America Caribbean Forum Joint session with the Dispute Resolution Section. Session Co-Chairs Co-Chairs Guido Santiago Tawil M & M Bomchil, Buenos Aires, Argentina; Bruno Ciuffetelli Hoet Peláez Castillo & Duque, Caracas, Venezuela Vice-Chair, Latin American and Caribbean Forum Moira Huggard-Caine Tozzini Freire Teixeira e Silva, São Paulo, Claus von Wobeser Von Wobeser y Sierra SC, Mexico City, Mexico; Brazil Co-Chair, Arbitration Enforcement of judicial and arbitral awards against sovereign states A LUNCH will be held for Conference delegates. has become one of the hottest issues in the arbitration and See page 89 for details. litigation world. The increasing amount of litigation before local 1230 – 1400 TUESDAY and foreign courts on matters such as defaulted sovereign debt or the growing importance that investor-state arbitration has obtained AN OPEN BUSINESS MEETING of the Latin American and are just two examples of the relevance that sovereignty issues have Caribbean Forum to discuss future activities. assumed. During this session, experienced practitioners from 1400 – 1700 TUESDAY different jurisdictions will examine the most relevant issues arising Meeting Room D, Holiday Inn Hotel due to the involvement of a sovereign party, including those of jurisdictional and procedural nature, settlement, and enforcement. Giving legal opinions in a changing environment: Recent developments on these matters involving Latin America, international financial transactions in emerging Eastern Europe and other regions will be discussed. markets and comparative views Speakers Joint session with Banking Law. Robert Volterra Latham & Watkins LLP, London, England Horacio Grigera Naón Washington DC, USA Session Co-Chairs Eduardo Silva Romero Coudert Brothers, Paris, France Gwendoline Griffiths Barlow Lyde & Gilbert, London, England; Nigel Blackaby Freshfields Bruckhaus Deringer, Paris, France Co-Chair, Legal Opinions Eduardo Zuleta-Jaramillo Zuleta Suárez Araque & Jaramillo Francisco J Illanes Cariola Diez Pérez-Cotapos & Co, Santiago, Chile; Abogados, Bogotá, Colombia Senior Vice-Chair, Latin American and Caribbean Forum Gilberto Giusti Pinheiro Neto Advogados, São Paulo, Brazil; This session will examine the effect of recent developments in Secretary, Development of the Legal Profession emerging markets (mainly Latin America and Eastern Europe) on Fernando Mantilla-Serrano Shearman & Sterling LLP, Paris, France legal opinions in international financial transactions. Issues such as: Lucinda Low Steptoe & Johnson LLP, Washington DC, USA rediscovering the value of foreign governing law; restrictions on David W Rivkin Debevoise & Plimpton LLP, New York, USA; choice of foreign jurisdictions; local courts reviewing foreign awards Vice-Chair, Legal Practice Division and judgments; problems of guarantors in other jurisdictions; and 0930 – 1230 THURSDAY effects of insolvency and bankruptcy, among others. Different Small Theatre, PCC 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 1400 – 1700 WEDNESDAY Small Theatre, PCC

71 Page 72 OCEANA PUBLICATIONS Working Sessions

Public and Professional Interest Division WorkingSessions

Many governments do not discharge this responsibility at all, or do not discharge it adequately. Without replacing the government’s Academics’ Forum core financial responsibility, the profession and non-governmental Chair organisations in various countries have found pro bono and other Neil Gold University of Windsor, Windsor, Ontario, Canada innovative ways to supplement government funding. This session will comprehensively canvas the financial Community law – the role of clinical legal underpinning of access to justice through public defenders and education legal aid. Joint session with Legal Education and Professional Development. Speakers See pag 79 for details. John Brown McCarthy Tétrault, Toronto, Ontario, Canada 0930 – 1700 WEDNESDAY Naldo Dasso Cardena Di Cio Romero & Tarsitano, Buenos Aires, Club C, PCC Argentina Marie Dyhrberg Victoria Chambers, Auckland, New Zealand Iqbal Ganie Law Society of South Africa, Cumberwood, South A BREAKFAST MEETING will be held to discuss issues of concern Africa and interest in the academic field.

Evlynne Gilvarry Law Society of England and Wales, London, Professional and Public Interest Division 0800 – 0930 THURSDAY England Suite 2, Corinthia Towers Hotel Michael Greco American Bar Association, Chicago, Illinois, USA Joseph Harbaugh Nova Southeastern University, Fort Lauderdale, Franz Kafka, The Trial and the law Florida, USA Joint session with the Forum for Barristers and Advocates, Kevin Martin Law Society of England and Wales, London, England the Judges’ Forum and Legal Education and Professional Russell Miller Minter Ellison, Canberra, Australian Capital Territory, Development. Australia Session Chair Horacio Bernardes-Neto Xavier Bernardes Bragança, São Paulo, Mary Frances Edwards AMIDEAST/AOJS II, Giza, Egypt; Council, Brazil Public and Professional Interest Division Sam Okudzeto Sam Okudzeto & Associates, Accra, Ghana Franz Kafka had a particular view of the legal system. While most Patrick Patterson Organization of Commonwealth Caribbean Bar would hope his view was skewed, there is often more than a mere Associations, St. Kitts & Nevis ring of truth to his views and insights. Through mock trial and Robin Sully Canadian Bar Association, Ottawa, Ontario, Canada discussion, the session will explore Kafka’s central themes as they Malcolm Stewart Corporate Claims International, London, England may apply to our legal system today. Representative of the East Africa Law Society Speakers 1030 – 1700 MONDAY Frank Astill University of Sydney, Sydney, New South Wales, Meeting Room A, Holiday Inn Hotel Australia Mike Cowling University of KwaZulu-Natal, Pietermarizburg, South Community law – the role of clinical legal Africa education David McQuoid-Mason University of KwaZulu-Natal, Durban, Joint session with Legal Education and Professional Development. South Africa; Vice-Chair, Academics’ Forum See page 79 for details. Steve Pete University of KwaZulu-Natal, Durban, South Africa 0930 – 1700 WEDNESDAY Max du Plessis University of KwaZulu-Natal, Durban, South Africa Club C, PCC 0930 – 1230 THURSDAY Shannon & Clyde, Corinthia Towers Hotel

Bar Issues Commission Chair Access to Justice Akira Kawamura Anderson Mori & Tomotsune, Tokyo, Japan Chair Peter Maynard Peter D Maynard & Co, Nassau, Bahamas Welcome meeting The Bar Issues Commission (BIC) invites new and old Member Financing access to justice Organisation representatives to join them at a welcome meeting Session Co-Chairs which will provide attendees with the opportunity to meet with the Peter Maynard BIC Officers and with each other at the beginning of the Richard Oma Ahonaruogho Ahonaruogho Ahonaruogho & Co, Conference week. The Officers will run through the Conference Lagos, Nigeria; Vice-Chair, Access to Justice week, highlighting sessions and social events of particular interest It is recognised that governments are responsible for providing legal to Member Organisation representatives, and will share insight on representation for serious criminal and civil matters for persons who how to make the most of the Conference week. cannot afford representation. While a person may choose to 1030 – 1230 MONDAY represent himself or herself, he or she shall at least have the choice Club E, PCC of whether or not to be represented by legal counsel.

73 Complaints procedures and disciplinary procedures NEPAD: The role of lawyers in the African Session Chair renaissance James Klotz Davis & Company, Toronto, Ontario, Canada Joint session with the African Regional Forum. The BIC Policy Committee’s Working Group on Complaints See page 68 for details. Procedures and Disciplinary Procedures will hold a preliminary 1400 – 1700 WEDNESDAY Vltava & Vistula, Corinthia Towers Hotel session in Prague to identify and discuss problem areas/issues that members have identified in the procedures of their respective Bars. The lawyer’s role in society: perception of 1400 – 1700 MONDAY core values Meeting Room 4.2, PCC SHOWCASE PROGRAMME Bar office management Joint session with Development of the Legal Profession. Session Chair See page 23 for details. 1400 – 1700 FRIDAY Michael Kutschera Binder Grösswang, Vienna, Austria; Officer at Panorama Hall, PCC Large, Bar Issues Commission Bar officials and leading staff members will give overviews of their BIC Business Meeting Bar offices’ tasks, their organisational structures, financial resources, Open to all Member Organisation Representatives and other BIC Working Sessions Working staffing and the processes in which they handle their work for and Members, this will be a forum for open discussion of issues in cooperation with elected Bar Officers. They will also discuss the affecting the legal community and regulatory bodies specifically. problems and challenges they face in their respective environments. 0800 – 1000 THURSDAY Speakers Terrace 1, PCC Robert Stein American Bar Association, Chicago, Illinois, USA; Update on WTO/GATS Secretary-Treasurer, Public and Professional Interest Division Janet Paraskeva Law Society of England and Wales, London, England Following a brief introductory presentation outlining the basics of Manfred Schimmler Vienna Bar Association, Vienna, Austria the GATS and its implications on the provisions of legal services, the Michaela Strizova Czech Bar Association, Prague, Czech Republic WTO Working Group will present an overview of recent developments. 1400 – 1700 TUESDAY 1000 – 1200 THURSDAY Severn & Thames, Corinthia Towers Hotel Terrace 1, PCC Bar Cooperation Programme Globalisation of a code of ethics Launch of the Bar Cooperation Programme providing support to Joint session with Professional Ethics. bars in developing countries as well as to developing bars. Session Co-Chairs Alejandro Ogarrio Ogarrio Daguerre SC, Mexico City, Mexico; 1200 – 1300 THURSDAY Officer at Large, Bar Issues Commission Terrace 1, PCC 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 Corporate Social Responsibility 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 Co-Chairs should underlie the conduct of all lawyers worldwide, be agreed? Ramón Mullerat This session will discuss: Jonathan Lux Ince & Co, London, England • ethics in the 21st century – whither the traditional principles? United Nations Norms on the Responsibilities of • the broad aspirational ethical rules applicable to all lawyers worldwide; Transnational Corporations and Other Business • is a global code of ethics possible today? Enterprises with Regard to Human Rights • core values and the public interest – a UK perspective; Joint session with the Corporate Counsel Forum, Human Rights • the experience of the CCBE in drawing up a cross-border code of Institute and United Nations and Other World Wide ethics for Europe; Organisations Committee (UNWOC). • update of the IBA’s International Code of Ethics; and Session Co-Chairs • work done by the BIC Policy Committee on the core values of the Ramón Mullerat profession. Jonathan Lux The session will provide an opportunity for Bars to contrast their This session will deal with the United Nations Norms on the codes of ethics with the IBA’s International Code of Ethics. Responsibilities of Transnational Corporations and Other Business Speakers Enterprises with Regard to Human Rights, a significant corporate Helge Jakob Kolrud Haavind Vislie, Oslo, Norway; Officer, social responsibility initiative integrating provisions relating to Professional Ethics Working Group human rights, labour rights, consumer protection, environmental Hans-Jurgen Hellwig Hengeler Mueller, Frankfurt am Main, Germany protection and anti-bribery issues. By deriving its sources from a Ramón Mullerat number of other international initiatives such as the ILO Tripartite Guy Mansfield QC The Bar Council of England and Wales, London, Declaration of Principles, the UN Norms tie together and detail the England rights afforded to individuals and entities connected with Bernard Vatier CCBE, Paris, France transnational corporations. The UN Sub-Commission for the Emilio Gonzalez de Castilla Gonzalez de Castilla Abogados, Mexico Promotion and Protection of Human Rights provisionally adopted City, Mexico; Chair, Professional Ethics the guidelines in August 2003, although the final decision of the 1400 – 1700 WEDNESDAY UNHCR still remains to be seen, the treatment of this important Severn & Thames, Corinthia Towers Hotel document having not been unanimously received.

74 WorkingSessions This session will look at the debate surrounding the adoption of freeze looted money and to trace it into acquired assets. It will also the Norms as binding, enforceable law and the arguments for and examine the problems encountered in countries seeking to have against them. these looted funds repatriated. It will examine, among other issues, Speakers the repatriation of money to countries whose compliance record Charles Lawton Rio Tinto, London, England; IBA Treasurer and regulatory norms leave much to be desired and whether Thomas McInerney International Development Law Organisation, conditions can be applied to sovereign governments who present as Rome, Italy victims of theft. 1400 – 1700 THURSDAY Speakers Severn & Thames, Corinthia Towers Hotel 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 Development of Shannon & Clyde, Corinthia Towers Hotel the Legal Profession Co-Chairs Lord Daniel Brennan QC London, England Willem Calkoen NautaDutilh, Rotterdam, the Netherlands Forum for Barristers Professional and Public Interest Division

The lawyer’s role in society: perception of and Advocates core values Co-Chairs SHOWCASE PROGRAMME Glenn Martin SC Australian Bar Association, Brisbane, Queensland, Joint session with the Bar Issues Commission. Australia See page 23 for details. Roy Martin QC Faculty of Advocates, Edinburgh, Scotland 1400 – 1700 FRIDAY Panorama Hall, PCC The obsessed litigant . . . how does one cope? Joint session with the Judges’ Forum. See page 77 for details. 1030 – 1700 MONDAY Anti-Corruption Working Group Rhone & Rhine, Corinthia Towers Hotel Chair Monty Raphael Peters & Peters, London, England Franz Kafka, The Trial and the law Joint session with the Academics’ Forum. See page 73 for details. The politically exposed person as looter 0930 – 1230 THURSDAY Session Chair Shannon & Clyde, Corinthia Towers Hotel 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. Human Rights Institute Part 1 Co-Chairs The speakers in this session will examine the problems associated Ambassador Emilio Cárdenas Former Permanent Representative to with establishing and enforcing international norms of conduct for the United Nations for Argentina; Former IBA President, Buenos heads of state and other senior public officials, their families and Aires, Argentina associates; and the recognition of grand corruption as a predicate Justice Richard Goldstone Former Justice of the Constitutional offence for money laundering, leading to the tracing and freezing Court of South Africa, Morningside, South Africa of the proceeds of this delinquency. Speakers Restructuring of the United Nations Homer Moyer Miller & Chevalier, Washington DC, USA Babajide Oladipo Ogundipe Sofunde Osakwe Ogundipe & Belgore, Joint session with United Nations and Other World Wide Lagos, Nigeria Organisations Committee (UNWOC). Paul Sugden Carey Olsen, St Helier, Jersey Session Chair John Conyngham Control Risks Group Ltd, London, England Ambassador Emilio Cárdenas 1400 – 1700 MONDAY In March 2005, the United Nations Secretary-General issued a Club B, PCC report, ‘In larger freedom: towards development, security and human rights for all’, in which he proposes far-reaching reform to The politically exposed person as looter reflect modern-day threats and challenges. In his report, the Secretary-General urges recognition of the interdependency of Session Chair states and the need to adopt collective strategies in areas such as Monty Raphael security, terrorism, and poverty. Part 2 Among the wide-ranging recommendations, the Secretary- The speakers in this session will concentrate on the problems General proposes abolishing the Commission on Human Rights, associated with deterring the looting of central bank treasuries, the restructuring the Security Council and establishing a Peacebuilding tracing of the proceeds of this conduct and the problems associated Commission. The contents of this report will be debated at a summit with formulating and enforcing a uniform international scheme to of world leaders taking place in New York in September 2005.

75 At this session, international legal experts will explore and analyse The IBA is delighted to welcome Luis Moreno Ocampo, ICC Chief the scope of the proposed UN reforms and assess the impact it may Prosecutor, as keynote speaker at this session to brief delegates on have on world public order. progress made at the ICC since he spoke at the IBA Conference in Speakers 2003. Justice Richard Goldstone, first Prosecutor of the Ambassador Emilio Cárdenas International Criminal Tribunals for the former Yugoslavia and Ambassador Hans Corell Former Head, UN Office of Legal Affairs, Rwanda, and Hans Corell, former Head of the UN Office of Legal Stockholm, Sweden Affairs, will share their experience and expertise, providing a short Justice Richard Goldstone history and discussing issues of importance such as complimentarity Michael Reisman Myres S McDougal Professor of International Law, and state cooperation. Yale School of Law, New Haven, Connecticut, USA Details of the IBA’s ICC monitoring programme – a major two year project funded by the MacArthur Foundation – will be also 1400 – 1700 MONDAY announced. Vltava & Vistula, Corinthia Towers Hotel Speakers Luis Moreno Ocampo Chief Prosecutor of the International Criminal National reconciliation: history and law Court, The Hague, the Netherlands Joint session with Salzburg Seminar and Discrimination and Ambassador Hans Corell Gender Equality Working Sessions Working Justice Richard Goldstone Session Chair 1400 – 1700 TUESDAY Justice Richard Goldstone Small Theatre, PCC In many countries around the world, national identity is often influenced and shaped by a person’s reaction to historical injustices. Trafficking in humans for cheap labour and These injustices can range from genocide, to crimes against sex tourism humanity, to serious human rights abuses under dictatorships or Joint session with Travel, Tourism and Hospitality Law. during war. Since the Second World War, such crimes have been See page 67 for details. dealt with at the national and international level, and, since the 0930 – 1230 WEDNESDAY 1990s, increasingly through a proliferation of national and regional Club B, PCC institutions, such as truth and reconciliation commissions, historical commissions, as well as ad hoc criminal tribunals, and the recently Victims and witnesses: serious violations of created International Criminal Court. In addition to bringing individuals to justice or recognising humanitarian law – representation and injustice, these processes are intended to promote reconciliation compensation through the acknowledgment and recognition of the historical Joint session with Human Rights Law. See page 58 for details suffering. This session will provide an overview of recent 1400 – 1700 WEDNESDAY developments globally with a specific exploration of case studies, Shannon & Clyde, Corinthia Towers Hotel including the legal and historical complexities related to the Czechs and the Sudeten Germans. The European Court of Human Rights for the Speakers business lawyer Elazar Barkan Professor of History and Cultural Studies, Claremont SHOWCASE PROGRAMME Graduate University, Los Angeles, California, USA See page 23 for details. Justice Richard Goldstone 0930 – 1230 THURSDAY Zdeněk Kühn Charles University Law School, Prague, Czech Forum Hall – Parter, PCC Republic Dr Adel Manna Director, Israeli-Arab Studies, Van Leer Institute, Jerusalem, Israel United Nations Norms on the Responsibilities of Dr Oliver Rathkolb Co-Director, Ludwig Boltzman Institute, Transnational Corporations and Other Business University of Vienna, Vienna, Austria Enterprises with Regard to Human Rights 0930 – 1230 TUESDAY Joint session with Corporate Social Responsibility. Terrace 1, PCC See page 74 for details 1400 – 1700 THURSDAY International Criminal Court Severn & Thames, Corinthia Towers Hotel Session Chair Ambassador Emilio Cárdenas 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 WorkingSessions

Judges’ Forum Law Firm Management Chair Chair Lord Donald Macfadyen Court of Session, Edinburgh, Scotland Stephen Macliver Bell Gully, Auckland, New Zealand

The obsessed litigant . . . how does one cope? Managing, motivating and developing your Joint session with the Forum for Barristers and Advocates and partners Litigation. Joint session with Legal Education and Professional Development. Session Co-Chairs Session Co-Chairs Lord Donald Macfadyen Stephen Macliver Glenn Martin SC Australian Bar Association, Brisbane, Queensland, Robert Vineberg Davies Ward Phillips & Vineberg, Montreal, Australia; Co-Chair, Forum for Barristers and Advocates Quebec, Canada; Vice-Chair, Law Firm Management Individuals conducting litigation in person often become unhealthily In a way that is unprecedented, firms are now examining, reviewing obsessed with their case, refusing to accept rulings, filing appeal and setting benchmarks for what it means to be a partner, the role after appeal, sometimes even resubmitting the case. Why is this, of partners, their contribution and expectations as to performance. and what practicalities are involved in dealing with such During the course of this day-long programme we will explore the individuals? ‘hot’ issues. Professional and Public Interest Division The morning session will involve contributions from judges, practitioners and a psychiatrist identifying from their respective 0930 – 1045 perspectives the nature of the problem, possible solutions and Partnership structures and the role of partners means by which the courts and practitioners can best cope with This session will examine the role and contribution of partners in such litigants. today’s modern law firm. The afternoon session will take the form of a workshop in which Speakers issues identified in the morning are developed. Those wishing Stephen Macliver active involvement in the workshop should request the background Charles Coward Uría & Menéndez, Barcelona, Spain reading material from the speakers’ desk. That aside, the session is, Dr Hendrik Haag Hengeler Mueller, Frankfurt am Main, Germany; of course, open to all who are interested. Council, Legal Practice Division Speakers Carlos Ruffinelli Moreno Ruffinelli & Asociados, Asunción, Paraguay Dr Frank McManus Defence Consultant in Psychiatry, Donnington, 1115 – 1230 England Personal and professional development of partners Lord Philips of Worth Matravers Master of the Rolls, London, This session will discuss managing a partner’s performance, partner England review, partner development, coaching partners and developing Robert Musgrove Chief Executive, Civil Justice Council, London, partners into firm leaders. England Speakers District Judge Wynne Rees Cardiff Civil Trial Centre, Cardiff, Wales Stephen Denyer Allen & Overy LLP, Frankfurt am Main, Germany; The Honourable Justice Ruth McColl Supreme Court of New South Officer, Law Firm Management Advisory Group Wales, Sydney, New South Wales, Australia João Vieira de Almeida Vieira de Almeida & Associados, Lisbon, Michael McDowell Minister of Justice, Equality and Law Reform, Portugal Dublin, Ireland Rolandas Valiunas Lideika Petrauskas Valiunas LAWIN, Vilnius, John Patrick Brown McCarthy Tétrault LLP, Toronto, Ontario, Lithuania; Co-Chair, European Forum Canada Luis R Pellerano Pellerano & Herrera, Santo Domingo, Dominican Emilio Gonzalez de Castilla Gonzalez de Castilla Abogados SC, Republic Mexico City, Mexico; Chair, Professional Ethics Committee Judge Benedikte Gersing Copenhagen City Court, Copenhagen, 1400 – 1545 Denmark; Vice-Chair, Judges’ Forum Partner compensation 1030 – 1700 MONDAY This session will look at different profit-sharing schemes operated Rhone & Rhine, Corinthia Towers Hotel by firms and the criteria used to determine partner compensation. Speakers Gender and ethnicity in judges Peter Morawetz Vinge, Stockholm, Sweden Tomasz Wardyński Wardyński & Partners, Warsaw, Poland Joint session with Discrimination and Gender Equality. Prof Dr Peter Fissenewert Heuking Kühn Lüer Wojtek, Berlin, See page 43 for details. Germany 0930 – 1230 WEDNESDAY Alfredo M O’Farrell Marval O’Farrell & Mairal, Buenos Aires, Severn & Thames, Corinthia Towers Hotel Argentina Franz Kafka, The Trial and the law Joint session with the Academics’ Forum. See page 73 for details. 0930 – 1230 THURSDAY Shannon & Clyde, Corinthia Towers Hotel

77 1615 – 1700 1115 – 1230 Handling partners in crisis and managing partners Competing for talent out of the firm How can small law firms compete for and retain legal talent against This interactive session will discuss actual ‘scenarios’, focusing on larger, better known firms? how to identify and respond to partners in crisis. Speakers Speakers Pedro Oller Oller Abogados, San José, Costa Rica Robert Vineberg Ricardo Pellerano Pellerano & Herrera, Santo Domingo, Dominican Ronnie Fox Fox Williams, London, England Republic Lisa Walker Johnson Walker Clark, Miami, Florida, USA 1400 – 1545 Jorge Nemr Leite Tosto e Barros, São Paulo, Brazil Marketing the small firm 0930 – 1700 TUESDAY How can small firms create a strong market profile, a marketing North Hall, PCC culture and develop lasting, profitable client relationships? Speakers Managing Partners’ breakfast Nigel McBride Minter Ellison, Adelaide, South Australia, Australia If you are a Managing Partner or have some other leadership or Trish Carroll Galt Advisory, Artarmon, New South Wales, Australia

Working Sessions Working management role in your firm, this breakfast is a ‘must’ for you. Anne-Marie Hutchinson Dawson Cornwell, London, England; We invite you to join the Officers of the Law Firm Management Chair, International Children’s Issues Committee and like-minded lawyers over breakfast to exchange Gerald J Kirkpatrick Kirkpatrick & Davidson, Occoquon, Virginia, views and share experiences. USA Without losing the relaxed informality of the breakfast, for the Carlos Ruffinelli Moreno Ruffinelli & Asociados, Asunción, Paraguay first time we have an eminent keynote speaker who will give a 1615 – 1700 short personal perspective on building a successful law firm, which will be followed by a facilitated discussion of current issues and any Succession planning: a survival skill for small firms others of interest to you. Most small law firms do not survive the retirement of their founding partners. How can small law firms pass management responsibilities Speaker and client relationships to the ‘next generation’? Martin Šolc Kocián Šolc & Balaštik, Prague, Czech Republic; Speakers Vice-Chair, Public and Professional Interest Division John Aguilar John Aguilar & Asociados, San José, Costa Rica 0730 – 0930 WEDNESDAY Norman Clark Forum Foyer Level 2, PCC Susan de Silva Alban Tay Mahtani & de Silva, Singapore 0930 – 1700 WEDNESDAY Why bigger is not always better – North Hall, PCC developing and marketing the smaller firm Session Co-Chairs Young lawyer associations’ summit – Part I Norman Clark Walker Clark LLC, Miami, Florida, USA; Vice-Chair, Joint session with Young Lawyers. See page 81 for details. Law Firm Management 0930 – 1230 THURSDAY Chris Van Olmen Van Olmen & Wynant, Brussels, Belgium; Secretary, Law Firm Management North Hall, PCC There is a growing divide everywhere between small law firms that Succession and retirement issues for lawyers in are prospering and those that are struggling. What are the strategies of the firms that are succeeding? private practice Joint session with the Senior Lawyers‘ Group. 0930 – 1000 See page 79 for details. Challenges in managing small law firms 1400 – 1700 THURSDAY This session includes the results of a worldwide survey of managing Small Theatre, PCC partners of small firms conducted in July and August 2005. Speakers Norman Clark Chris Van Olmen

1000 – 1045 Legal Education and Maintaining the balance Professional Development How do managing partners and their firms manage the dual Chair responsibilities of management and a full-time law practice? Richard Eitel Carter ALI-ABA, Philadelphia, Pennsylvania, USA Speakers Wulf Gordian Hauser Hauser Rechtsanwälte GmbH, Vienna, Austria Managing, motivating and developing your R Anthony Jenkinson Nunes Scholefield DeLeon & C., Kingston, partners Jamaica Joint session with Law Firm Management. See page 77 for details. 0930 – 1700 TUESDAY North Hall, PCC

78 WorkingSessions Community Law – the role of clinical legal education Senior Lawyers’ Group Joint session with the Academics’ Forum and Access to Justice. Chair Session Co-Chairs Michael Simmons Finers Stephens Innocent, London, England Geoff Monahan University of Technology, Sydney, New South Wales, Australia; Vice-Chair, Academics’ Forum A LUNCH will be held for Conference delegates. David McQuoid-Mason University of KwaZulu-Natal, Durban, See page 89 for details. South Africa; Vice-Chair, Academics’ Forum 1230 – 1400 MONDAY There is an ever-growing need for legal services in our global society Bellevue Hall, Corinthia Towers Hotel by less financially able sectors of our community. One important role of legal education is to inculcate in practitioners of tomorrow Succession and retirement issues for lawyers the importance of legal representation for all and the provision of pro bono services. in private practice Clinical legal education programmes within law schools offer the Joint session with Law Firm Management. primary means of developing this awareness in emerging lawyers. Session Chair This session proposes to consider the different styles of clinical Michael Simmons legal education offered in a range of jurisdictions, with particular Issues of succession and retirement are of importance in all law consideration of the contribution those programmes make to their firms. Senior lawyers are particularly concerned, as they will wish to Professional and Public Interest Division community. The morning session will focus on the process within see their law firms succeed after they have left them. This session university education. will explore the various possibilities and best practices, particularly The afternoon will broaden the topic to consider the pro bono in relation to the timing of succession and retirement. If left to the work of lawyers and the part that practitioners can play in last minute, there can be intractable problems – but there are supporting programmes like clinical legal education to allow solutions available even in those difficult situations. for greater provision of legal advice to those with need. Some members of the audience will be invited to join the panel. Speakers Speakers Frank Astill University of Sydney, Sydney, New South Wales, Ward Bower Altman Weil Inc, Newton Square, Pennsylvania, USA; Australia Chair, Multidisciplinary Practices Working Group Jennifer Burn University of Technology, Sydney, New South Wales, Albrecht Schulz CMS Hasche Sigle, Stuttgart, Germany; Australia Vice-Chair, Senior Lawyers Philip Plowden Northumbria University, Newcastle, England Fernando Scornik Gerstein Fernando Scornik Gerstein, Madrid, Martin Bohmer Universidad de San Andrés, Buenos Aires, Spain; Vice-Chair, Senior Lawyers Argentina Jay Foonberg Bailey & Partners, Beverly Hills, California, USA; Kay Maxwell University of Wollongong, Wollongong, New South Vice-Chair, Senior Lawyers Wales, Australia 1400 – 1700 THURSDAY Neil Gold University of Windsor, Windsor, Ontario, Canada; Small Theatre, PCC Chair, Academics’ Forum Richard Eitel Carter David McQuoid-Mason 0930 – 1700 WEDNESDAY Club C, PCC United Nations and Other

Franz Kafka, The Trial and the law World Wide Organisations Joint session with the Academics’ Forum. See page 73 for details. (UNWOC) 0930 – 1230 THURSDAY Chair Shannon & Clyde, Corinthia Towers Hotel Tore Wiwen-Nilsson Mannheimer Swartling, Malmö, Sweden

Restructuring of the United Nations Joint session with HRI. See page 75 for details. Professional Ethics 1400 – 1700 MONDAY Vltava & Vistula, Corinthia Towers Hotel Hotel Chair Emilio Gonzalez de Castilla Gonzalez de Castilla Abogados SC, Public procurement Mexico City, Mexico Joint session with Government Procurement and Procurement. Globalisation of a code of ethics Introduction to Public Procurement Regimes Joint session with the Bar Issues Commission. Session Co-Chairs See page 74 for details. Bennet Silverman Katz Wittenberg Levine & Silverman, New York, 1400 – 1700 WEDNESDAY USA; Secretary, International Sales and Related Commercial Severn & Thames, Corinthia Towers Hotel 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 Women lawyers in international regulatory and Commission Directives, USA Federal Acquisition Regulations and transactional counselling Czech law impact upon the process of selection and terms of Session Co-Chairs procurement contracts coming within the regulatory purview of Claire Miskin those authorities. These somewhat variant regimes will be Gabrielle H Williamson contrasted and there will be discussion on the degree of flexibility available. Many women lawyers are involved in cross-national counselling on regulatory matters and international business transactions. This Speakers session will address specific problems facing women lawyers, Françoise Bentchikou World Bank, Washington DC, USA working in different countries, under different regulatory systems Caroline Nicholas UNCITRAL, Vienna, Austria and in different cultures. Marek Šlégl Ministry of Industry and Trade, Prague, Czech Republic Richard Webber Arent Fox, Washington DC, USA Speakers Speaker from the European Commission Olufunke Adekoya AELEX Partners, Lagos, Nigeria; Council, Public and Professional Interest Division; Vice-Chair, Law Firm The new directions in public procurement: the road ahead Management Session Co-Chairs Hoda Barakat Al Tamimi & Company, Dubai, United Arab Emirates Vivien Chan Vivien Chan & Co, Hong Kong SAR; Vice-Chair, Asia Working Sessions Working Jaya Sharma 4N Consultants Inc, Madison, Wisconsin, USA ; Chair, Procurement Pacific Forum Lisa Miller Arent Fox LLC, Washington DC, USA; Chair, Government Kirsi Komi Nokia Corporation, Helsinki, Finland; Council, Legal Procurement Practice Division This session will provide an update on Public Procurement Law Nancy Turck International Energy Agency, Paris, France; Council, focusing on emerging global trends. Topics for discussion will Section on Energy, Environment, Natural Resources and include: Infrastructure Law • the World Bank’s proposed new guidelines on Country 1430 – 1730 MONDAY Procurement Systems; Meeting Room B, Holiday Inn Hotel Hotel • 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 Young Lawyers’ Committee procedures in Latin America and China. Chair Speakers Alberto Pérez Cedillo Fernando Scornik Gerstein, London, England Françoise Bentchikou Richard Drummond Export Credit Guarantee Department, London, Young lawyers’ introductory meeting England Jaime Gray Abogados Consultores SA, Lima, Peru Session Co-Chairs Jan Sixta Investment and Business Agency, Prague, Czech Republic Alberto Pérez Cedillo George Rosenberg Shadbolt & Co, Surrey, England Margaret Forbes Toronto, Ontario, Canada; Secretary, Young Lawyers’ Committee 0930 – 1700 TUESDAY Meeting Room B, Holiday Inn Hotel 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 United Nations Norms on the Responsibilities of meeting for young lawyers, to which you are warmly invited. Transnational Corporations and Other Business Officers of the Young Lawyers’ Committee will guide you Enterprises with Regard to Human Rights through the Conference Programme, will share with you how to Joint session with Corporate Social Responsibility. get the most out of the Conference and inform you of social events See page 74 for details. particularly targeted at young lawyers. Officers from various IBA 1400 – 1700 THURSDAY Committees will be introducing their Committees to you. Severn & Thames, Corinthia Towers Hotel Hotel 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 Women’s Interest Group Club A, PCC Co-Chairs Claire Miskin London, England Gabrielle H Williamson Heuking Kühn Lüer Wojtek, Brussels, Belgium and Düsseldorf, Germany

A LUNCH will be held for Conference delegates. The following guest speaker will be presenting at the lunch: Petra Buzková Minister of Education, Youth and Sport, Prague, Czech Republic See page 89 for details. 1230 – 1400 MONDAY Restaurant Gloria, PCC

80 WorkingSessions Young lawyer associations’ summit – Part I Young lawyer associations’ summit – Part II Joint session with the International Association of Young Lawyers Joint session with the International Association of Young Lawyers (AIJA) and Law Firm Management (AIJA) Session Co-Chairs Session Co-Chairs Alberto Pérez Cedillo Alberto Pérez Cedillo Nicole Van Ranst Marx Van Ranst Vermeersch & Partners, Brussels, Nicole Van Ranst Belgium; President, International Association of Young Lawyers 1400 – 1515 (AIJA) Pro-bono work: the benefits of altruism Jointly with the International Association of Young Lawyers (AIJA), Moderator representatives from young lawyers’ associations from the six Lord Daniel Brennan QC Matrix Chambers, London, England; continents, together representing more than one million young Co-Chair, Development of the Legal Profession lawyers, have been invited to come together to participate in a Grand Forum in order to talk about their principal concerns. Panellists Joss Saunders Oxfam, London, England 0945 – 1100 Hafilda Talhaoui Avocats Sans Frontières, Brussels, Belgium The tyranny of the billable hour Robert Wyld Johnson Winter & Slattery, Sydney, New South Wales, Moderator Australia Patrick Wilkins The European Lawyer, London, England 1530 – 1700 Professional and Public Interest Division One of the most important problems facing the legal profession is Guidelines for setting up a national young lawyers’ the pressure of billable hours and its effects on personal life and association community activities. The afternoon session will focus on finding agreement on some Panellists guidelines for the setting-up of a young lawyers’ association in Deborah Prince Tesco Stores Ltd, Cheshunt, England those countries where young lawyers have not hitherto Felix Ehrat Bär & Karrer, Zurich, Switzerland; Vice-Chair, Business been acknowledged as a particular constituency. Organisations 1400 – 1700 THURSDAY Markus Bauer Jones Day, Frankfurt am Main, Germany North Hall, PCC Annuka Ojala Latham & Wilkins LLP, Brussels, Belgium

1115 – 1230 A RECEPTION, sponsored by Lexis Nexis Martindale Hubbell, Professional development – what a Generation X lawyer will be held for young lawyer conference delegates. expects? See page 89 for details. Moderator 1715 THURSDAY John Renz Mourant, Jersey, Channel Islands Bellevue Hall, Corinthia Towers Hotel 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, the Netherlands Joren De Wachter S1, Sint-Stevens-Woluwe, Belgium 0930 – 1230 THURSDAY North Hall, PCC

81 Page 82 OXFORD UNIVERSITY PRESS

General Information General Information General Conference Headquarters Taxis point at the Intercontinental Hotel, Prague Congress Centre (PCC) 5 Kvetna 65, The IBA recommends the following departure time from here will be 140 21 Prague 4, Czech Republic. accredited taxi companies: approximately 15 minutes later than AAA taxi advertised. The working sessions will take place at the Tel: 14014 Tel: (2) 6117 7005 Prague Congress Centre (PCC), the Holiday (2) 2110 2211 Inn Hotel and the Corinthia Towers Hotel. Profi taxi Medical Facilities Conference ticketed lunches will take place Tel: 800 118 294 In the event of medical assistance being at the Corinthia Towers Hotel and the PCC. (2) 6131 4151 required during Conference hours please City taxi contact IBA staff on the Registration Desk, Internet Café – Cyber Connection Tel: (2) 5725 7257 1st Floor, PCC. Sponsored by Lexis-Nexis™ Business cards of the three taxi companies Cyber Connection is located in the can be found in your delegate bag or, Health and Insurance Exhibition Area, 2nd Floor, PCC. Access to alternatively, bookings can be made at the The International Bar Association cannot be the internet is free for delegates. Limited Transportation Desk located in the main held responsible for any medical costs to 30-minute sessions. entrance of the PCC – tel: (2) 6117 7004. incurred by participants. Transportation staff will be available on-site Message Centre at the official Conference social events to Banks / Shopping The Message Centre is located in the coordinate taxi transfers. Banks in Prague are generally open Exhibition Area, 2nd Floor, PCC. Messages It is important that you establish the fare Monday to Friday from 0830-1800 and can be left and collected here during the before embarking on your journey and for closed at weekends and public holidays. Conference hours between Sunday 25 and travel within Prague the taxi meter should There is a bank located on the ground Friday 30 September. Message monitors be switched on tariff number 1. are located throughout the PCC. floor of the PCC. An ATM is available. Tel: +420 (2) 6117 7000 Transport to IBA and The general opening hours for shops are Fax: +420 (2) 6117 7001 Committee social functions Monday to Friday from 0900-1800 and Saturday from 0900-1300. Unless otherwise indicated transport to IBA Business Centre Conference and Committee social events is Wednesday 28 September is a public The Business Centre is located in the NOT provided. holiday in Prague, therefore banks and Exhibition Area, 2nd Floor, PCC. A variety shops will not be open. Transport is provided only on Monday of services, including telephone and fax 26 September at 0730 from all official services, photocopying, etc, is available. VAT Conference Hotels (except the Corinthia Towers and Holiday Inn) to the PCC. Prices for goods in Prague include the Wireless Internet Access Government’s 19 per cent value added tax. Wireless internet access is available within Tours / Excursions the PCC. Cards, to enable you to use this Photographer Please visit our official tour operator service, can be purchased from the GUARANT International in the Registration There will be an opportunity to buy Business Centre and are available in Area, 1st Floor, PCC to collect your photographs from the official Conference the following time sessions: excursion/tour tickets, book excursions and Photographer. The Photographer’s stand 1-hour card – 179 CZK (€7); post Conference tours or to amend existing will be located in the Exhibition Area, 3-hour card – 238 CZK (€9); bookings. All Tours/Excursions will depart 2nd Floor, PCC. 24-hour card – 595 CZK (€22). from here. For those who prefer to start and finish the Tours/Excursions in the city Delegate / Guest centre there will be a departure/arrival Conference Badges For security reasons, badges must be worn at all times during the Conference and at Key Contacts and Telephone Numbers social functions. Proof of identity is required for replacement badges. Message Centre Tel: +420 (2) 6117 7000 Fax: +420 (2) 6117 7001 Public Transport Local Hospital Tel: +420 (2) 2481 0502 Prague has an excellent and almost Dental Emergencies Tel: +420 (2) 2494 6981 24-hour integrated public transport system; all fee-paying delegates and registered Police Department – Old Town guests will receive, upon check-in at the Bartolomějská 14, Prague 1 Tel: +420 9748 21 111 IBA Registration Desk, a Metro pass which Emergency allows unlimited travel on Prague’s bus, Police Tel: 158 metro and tram networks during the Medical Tel: 155 Conference week. Please note that lost Fire Tel: 150 Metro passes cannot be replaced. Airport Information The IBA advises delegates to be aware of Arrivals and Departures Tel: +420 (2) 3900 7575 their personal safety and possessions, as General Airport Information Tel: +420 (2) 3900 7007 they would in any other major city.

83 Page 84 THOMSON SWEET & MAXWELL Venue Layout

Prague Congress Centre VenueLayout

Metro station:

Vysehrad Ground Floor Prague Congress Prague Centre

1st Floor

Coffee break area Toilets Wheelchair access Centre Staircase Escalator 2nd Floor

85 Page 86 THE EUROPEAN LAWYER

VenueLayout Prague Congress Prague Centre

3rd Floor

Coffee break area Toilets Wheelchair access Staircase Escalator 4th Floor

Other Venues

Corinthia Towers Hotel Working sessions will take place on Level 3 Conference ticketed lunches will take place on Levels 3 and 24 Holiday Inn Hotel Working sessions will take place on the 1st Floor

87 Page 88 ASIA LAW AND PRACTICE Social Programme

Conference Events Programme Social

1230 – 1400 * Indicates functions open to Thursday Women Lawyers’ lunch delegates and registered guests for 0930 (tee-off time) Restaurant Gloria, PCC which there is no charge. Admission Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) IBA golf tournament is by Conference badge. Darovansky Dvur Golf Course Tickets, where relevant, must be 1900 Transport will depart from the PCC at 0800. purchased for children over 13. Some *Reception in the grounds of 1230 – 1400 social functions may not be suitable for Prague Castle young children and, if this is the case Legal Practice Division lunch Hosted by the Czech Bar Association and the IBA reserves the right not to admit Restaurant Gloria, PCC Brož & Sokol & Novák them. Speaker Čermák Hořejš Myslil & Partners Ben W Heineman Jr Senior Vice-President, The Conference dress code is: casual Felix & Partners Law and Public Affairs, General Electric for working sessions and smart casual Gleiss Lutz Company, Fairfield, Connecticut, USA for social events with the exception of Hartmann Jelínek Vališ Vych & Partners Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) the Gala Dinner at Prague Castle, which Havel & Holásek is black tie or national dress. Holec Zuska & Partners 1600 (kick-off) Kocián Šolc Balaštík ConferenceEvents Unless otherwise indicated, transport to IBA football match Rödl & Partner IBA Conference events is NOT provided. Venue: Treninkove centrum AC Sparta Salans Praha Dr Lenka Vidovičová Transport will depart from the PCC at 1500. Sunday Vovsík Rösch Kocina & Partners 1715 1900 – 2230 Tuesday *Young Lawyers’ Reception Welcome Party Bellevue Hall, Corinthia Towers Hotel 1230 – 1400 The Municipal House, venue for the Sponsored by LexisNexis Martindale-Hubbell Conference’s opening gathering, is a African Regional Forum lunch national heritage building and one of Restaurant Gloria, PCC the most important buildings in Prague. Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) Friday It stands in the very centre of the city on 1930 the site of the old Royal Court, and was 1230 – 1400 Prague Castle Gala Dinner conceived as a monumental ceremonial Corporate Counsel Forum lunch For over 1,000 years, Prague Castle, with palace intended to be the centre of Czech Bellevue Hall, Corinthia Towers Hotel its fairytale architecture, has assumed a cultural and social life. Leading Czech Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) unique role in Europe and since the 9th painters and sculptors shared in the Supported by Lex Mundi and its member firm century it has been both a secular and an decoration of the beautiful halls and salons, for Germany, Nörr Stiefenhofer Lutz ecclesiastical location. Formerly the seat of all of which will be open for the party. the emperors of the Holy Roman Empire, it Wander around at your leisure sampling 1230 – 1400 now houses the offices of the President of Czech food, wine and beer and listening to Latin American and Caribbean Forum the Czech Republic. the musicians and other artists who will be lunch Permission has been given to the IBA to there to entertain you. Suite 2, Corinthia Towers Hotel hold the Gala Dinner in State Rooms not Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) usually open to the public: the Spanish Monday Hall, the former principal hall of the court for balls and coronation festivities, and 0800 – 1000 1715 Rudolf’s Gallery, which represents the *Opening Ceremony *Newcomers’ Reception summit of interior design during the reign Congress Hall, PCC Exhibition Area, Level 2, PCC of Rudolf II in the 16th century. Breakfast for all delegates and registered A table plan will be drawn up for this guests will be served from 0800 prior to the Wednesday event. To secure your table number, Opening Ceremony commencing at 0900. 1230 – 1400 please bring your invitation, and the Transport is provided only on Monday invitations of the delegates/guests you 26 September at 0730 from all official Asia Pacific Forum lunch wish to sit with, to the Registration Conference hotels (except the Corinthia Suite 2, Corinthia Towers Hotel Desk from lunchtime on Wednesday Towers Hotel and Holiday Inn Hotel) to Speaker Francis Jardeleza San Miguel, Manila, 28 September. the PCC. Philippines Price: £148 Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) 1230 – 1400 (£124.37 + £23.63 Czech VAT @ 19%) Dress code: black tie or national dress. European Forum lunch 1230 – 1400 Suite 2, Corinthia Towers Hotel Public and Professional Interest Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) Division lunch Bellevue Hall, Corinthia Towers Hotel 1230 – 1400 Price: £30 (£25.21 + £4.79 Czech VAT @ 19%) Senior Lawyers’ lunch Bellevue Hall, Corinthia Towers Hotel Price: £30 (£25.21 + £4.79 Czech VAT @ 19%)

89 Page 90 CHAMBERS

90 Social Programme

Committee Events Programme Social

1930 Unless otherwise indicated, transport to Wednesday Insurance Law Committee dinner Committee Events is NOT provided. 1130 Palffy Palace Restaurant Committees on Maritime and Transport Price: £68 (£57.14 + £10.86 Cz VAT @ 19%) Law and Insurance Law lunch Monday excursion 1930 Maritime and Transport Law 1230 Vltava Boat & French Restaurant Price: £86 (£72.27 + £13.73 Cz VAT @ 19%) Committee dinner Cultural Issues Programme lunch for Hergetova cihelna guests 1230 Price: £62 (£52.10 + £9.90 Cz VAT @ 19%) Pod Kridlem Antitrust Committee lunch Price: £15.99 (£13.44 + £2.55 Cz VAT @ 19%) Zofin 1930 1800 – 1945 Price: £49 (£41.18 + £7.82 Cz VAT @ 19%) Technology and e-Commerce Law Committee dinner Dispute Resolution Section 1900 French Restaurant concert and reception Art, Cultural Institutions and Heritage Church of St Simon and St Juda Price: £67 (£56.30 + £10.70 Cz VAT @ 19%) Law Committee and European Forum

Price: £14.99 (£12.60 + £2.30 Cz VAT @ 19%) Events Committee tour and dinner 2000 Sponsored by Debevoise & Plimpton LLP, Immigration and Nationality Law Hughes Hubbard & Reed LLP, Lalive, Nishimura Dorotheum Tour & U Fleku Committee dinner & Partners, Von Wobeser Y Sierra SC, Clifford Price: £32 (£26.89 + £5.11 Cz VAT @ 19%) Chance, Coudert, Astigarraga Davis and Haver V Zatisi 1945 & Mailaender Price: £72 (£60.50 + £11.50 Cz VAT @ 19%) International Franchising Committee 2000 dinner 2000 Section on Energy, Environment, Lvi Dvur Committees on International Sales and Natural Resources and Infrastructure Price: £35 (£29.41 + £5.59 Cz VAT @ 19%) Related Commercial Transactions and Law dinner Product Law and Advertising joint 2000 Zofin dinner Price: £42 (£35.29 + 6.71 Cz VAT @19%) Arbitration Committee dinner Mlynec French Restaurant Price:£73.98 (£62.17 + £11.81 Cz VAT @ 19%) 2030 Price: £60 (£50.42 + £9.58 Cz VAT @ 19%) Committees on Business Organisations Sponsored by Kluwer Law 2000 and Closely Held and Growing Committees on Travel, Tourism and 2000 Business Enterprises joint dinner Hospitality Law and Sports and Mlynec Insolvency, Restructuring and Gaming Law joint dinner Price: £60 (£50.42 + £9.58 Cz VAT @ 19%) Creditors’ Rights Section dinner French Restaurant Mlynec Price: £71 (£59.66 + £11.34 Cz VAT @ 19%) Tuesday Price: £72.98 (£61.33 + £11.65 Cz VAT @ 19%) 2000 Friday 1930 International Construction Projects Intellectual Property and 0900 Committee dinner Entertainment Law Committee dinner **International Construction Projects La Scene Palffy Palace Committee excursion Price: £77 (£64.71 + £12.29 Cz VAT @ 19%) Price: £60 (£50.42 + £9.58 Cz VAT @ 19%) The Drevcice 2000 Price: £85 (£71.43 + £13.57 Cz VAT @ 19%) 1945 **Securities Law Committee dinner Committees on Taxes and Individual Zahrada v opere Tax and Estate Planning, Wills, Trust ** Return transport to venue is provided, Price: £50 (£42.02 + £7.98 Cz VAT @ 19%) and Succession joint dinner see tickets for further details. Bellevue Price: £81 (£68.07 + £12.93 Cz VAT @ 19%) Thursday 1945 1200 Committees on Communications Law Litigation Committee lunch and and Outer Space Law joint dinner excursion Musical concerts in Prague Belcredi The Europe Prague is a music-orientated city Price: £56 (£47.06 + £8.94 Cz VAT @ 19%) Price: £45.99 (£38.65 + £7.34 Cz VAT @ 19%) and classical concerts are regularly 2000 1230 held in churches as well as in Aviation Law Committee dinner Banking Law Committee lunch Prague’s numerous concert halls. V Zatisi Bellevue Hall, Corinthia Towers Hotel The Conference week coincides Price: £62 (£52.10 + £9.90 Cz VAT 19%) Price: £39 (£32.77 + £6.23 Cz VAT @ 19%) with the renowned International Music Festival (12 September – 2000 1930 1 October) which attracts orchestras Investment Companies and Mutual Employment and Industrial Relations and soloists from all over the world. Committee dinner Funds Committee dinner For further information please visit the French Restaurant Kampa Park festival website www.pragueautumn.cz Price: £80 (£67.23 + £12.77 Cz VAT @ 19%) Price: £80 (£67.23 + £12.77 Cz VAT @ 19%)

91 Page 92 LEGAL MEDIA GROUP

92

Hotels Hotels

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

Boscolo Hotel Prague***** President Hotel***** Hotel Diplomat**** Senovazne Namesti 13, Prague 1 Nam. Curieovych 100, Prague 1 Evropska 15, Prague 6 Tel: 2459 3111 Fax: 2459 3000 Tel: 3461 4111 Fax: 3461 4110 Tel: 9655 9111 Fax: 9655 9215 Corinthia Towers***** Radisson SAS Alcron***** Hotel Holiday Inn**** Kongresova 1, Prague 4 Stepanska 40, Prague 1 Na Pankraci 15, Prague 4 Tel: 6119 1111 Fax: 6122 5011 Tel: 2282 0000 Fax: 2282 0120 Tel: 9689 5001 Fax: 9689 5010 Four Seasons Hotel***** Renaissance Prague Hotel***** Novotel Prague City**** Veleslavinova 2, Prague 1 V Celnici 7, Prague 1 Katerinska 38, Prague 2 Tel: 2142 7000 Fax: 2142 6666 Tel: 2182 2100 Fax: 2182 2200 Tel: 2110 4999 Fax: 2110 4888 Hotel Hilton***** Hotel Savoy***** Globus*** Pobrezni 1, Prague 8 Keplerova 6, Prague 6 Gregorova 2115, Prague 4 Tel: 2484 1111 Fax: 2484 2378 Tel: 2430 2430 Fax: 2430 2128 Tel: 7292 7700 Fax: 7293 7269 Intercontinental Hotel***** Andel’s Hotel Prague**** Ibis City Prague*** Namesti Curieovych 43, Prague 1 Stroupeznickeho 21, Prague 5 Katerinska 36, Prague 2 Tel: 2488 1111 Fax: 2481 1216 Tel: 9688 9688 Fax: 9688 9999 Tel: 2286 5777 Fax: 2286 5666 Marriott Prague***** Corinthia Panorama**** Ibis Karlin*** V Celnici 8, Prague 1 Milevska 7, Prague 4 Saldova 54, Prague 8 Tel: 2288 8888 Fax: 2288 8889 Tel: 6116 1111 Fax: 6116 4141 Tel: 2481 1718 Fax: 2481 2681 Hotel Palace Praha***** Crowne Plaza Prague**** Hotel Oya*** Panska 12, Prague 1 Koulova 15, Prague 6 Na Pankraci 1337/109, Prague 4 Tel: 2409 3111 Fax: 2409 3240 Tel: 9653 7111 Fax: 9653 7535 Tel: 4140 5605 Fax: 4140 3982

93 Page 94 LLP

94

Embassies and Consulates Embassies and Consulates and Embassies American Embassy German Embassy Embassy of the Kingdom of Norway Trziste 15, Prague 1 Velkoprevorske nam. 2, Prague 1 Hellichova 1/458, Prague 1 Tel: (2) 5753 0663 Tel: (2) 5117 1711 Tel: (2) 5732 3737 Argentinean Embassy Ghanaian Embassy Embassy of Peru Panska 6, Prague 1 V Tisine 4, Prague 6 Muchova 9, Prague 6 Tel: (2) 2421 2448 Tel: (2) 3337 7236 Tel: (2) 2431 6210 Australian Consulate Hungarian Embassy Embassy of the Philippines Klimentska 10, Prague 1 Ceskomalinska 20, Prague 6 Senovazne namesti 8, Prague 1 Tel: (2) 9657 8350 Tel: (2) 3332 4454 Tel: (2) 2421 6397 Austrian Embassy Embassy of the Republic of Korea Embassy of the Republic of Poland Viktora Huga 10, Prague 5 (South Korea) Valdstejnska 8, Prague 1 Tel: (2) 5709 0511 Slavickova 5, Prague 6 Tel: (2) 5753 0388 Belgian Embassy Tel: (2) 3409 0411 Portuguese Embassy Valdstejnska 6, Prague 1 Embassy of India Nam. Kinskych 7, Prague 5 Tel: (2) 5753 3283 Valdstejnska 6, Prague 1 Tel: (2) 5731 1230 Brazilian Embassy Tel: (2) 5753 3490 Embassy of the Russian Federation Susick 12, Prague 6 Embassy of Ireland Pod kastany l, Prague 6 Tel: (2) 2432 4965 Na Zatorce 10, Prague 6 Tel: (2) 3337 4100 British Embassy Tel: (2) 5753 0061 Embassy of Saudi Arabia Thunovska 14, Prague 1 Embassy of Israel Na Hrebenkach 70, Prague 5 Tel: (2) 5740 2111 Badeniho 2, Prague 7 Tel: (2) 5731 6597 Canadian Embassy Tel: (2) 3309 7500 Consulate General of Singapore Muchova 6, Prague 6 Italian Embassy Na Prikope 23, Prague 1 Tel: (2) 7210 1800 Nerudova 20, Prague 1 Tel: (2) 21967208 Embassy of Chile Tel: (2) 3308 0111 Embassy of the Republic of Slovenia U Vorliku 4/623, Prague 6 Embassy of Japan Pod Hradbami 15, Prague 6 Tel: (2) 2431 5064 Maltezske namesti 6, Prague 1 Tel: (2) 2431 1441 Embassy of the People’s Republic of Tel: (2) 5753 3546 Embassy of the Republic of South Africa China Embassy of Latvia Ruska 65, Prague 10 Pelleova 18, Prague 6 Pod klikovskov 1916/2, Prague 5 Tel: (2) 6731 1114 Tel: (2) 2431 1323 Tel: (2) 721 0122 Embassy of Spain Croatian Embassy Embassy of Libya Pevnostni 9, Prague 6 V Pruhledu 9, Prague 6 Na Baste sv. Jiri 7, Prague 6 Tel: (2) 2431 1222 Tel: (2) 3334 0479 Tel: (2) 3332 4160 Embassy of Sweden Embassy of Cuba Embassy of Lithuania Uvoz 13, Prague 1 Sibirske nam.1 Prague 6 Hradesinska 3, Prague 10 Tel: (2) 2031 3200 Tel: (2) 2431 1253 Tel: (2) 5570 0881 Embassy of Switzerland Cypriot Embassy Embassy of Luxembourg Pevnostni 7, Prague 6 Sibirske nam. 6, Prague 6 Trziste 13, Prague 1 Tel: (2) 2040 0611 Tel: (2) 2431 6833 Tel: (2) 5718 1800 Embassy of Thailand Danish Embassy Embassy of Malaysia Romaina Rollanda 3, Prague 6 Maltezske nam. 5, Prague 1 Washingtonova 25, Prague 1 Tel: (2) 2238 1140 Tel: (2) 5753 1600 Tel: (2) 3470 6611 Tunisian Embassy Dutch Embassy Consulate of Malta Nad kostelem 8, Prague 4 Gotthardska 6/27, Prague 6 Lazenska 4, Prague 1 Tel: (2) 4446 0652 Tel: (2) 2431 2190 Tel: (2) 5753 1874 Embassy of Venezuela Egyptian Embassy Embassy of Mexico Snemovni 9, Prague 1 Pellova 14, Prague 6 Nad Kazankou 8, Prague 7 Tel: (2) 5753 4253 Tel: (2) 2431 1507 Tel: (2) 8306 1530 Embassy of Vietnam Embassy of the Republic of Estonia Moroccan Embassy Plzenska 214, Prague 5 Na Kampe 1, Prague 1 Ke staremu Bubenci 4, Prague 6 Tel: (2) 5721 1540 Tel: (2) 5701 1180 Tel: (2) 3332 0267 Embassy of the Republic of Finland New Zealand Consulate Hellichova 1, Prague 1 Dykova 19, Prague 10 Tel: (2) 5117 7251 Tel: (2) 2251 4672 French Embassy Nigerian Embassy Velkoprevorske nam. 2, Prague 1 Pred Bateriemi 18, Prague 6 Tel: (2) 5117 1711 Tel: (2) 2431 2065

95 Exhibition

Conference Gold Sponsor Conference Gold Sponsor ● Compare the latest international legal products and find out how The European Lawyer Legalease technology can help your practice. www.europeanlawyer.co.uk www.legal500.com The European Lawyer is the pan- Legalease is the leading provider of ● Meet the world’s leading European publishing company that market information for commercial publishers and software providers debates issues affecting policy, law firms and clients. The Legal 500 face-to-face. regulation and the practice of law Series and Legal Business provide Our sponsors will be taking up over across the European Union. With thorough, impartial research and 40 stands on the second floor of the participation by regulatory, policy, and analysis. Internationally, The Legal Prague Congress Centre, where you legal experts, with journalists based in 500 series is relied on as a first point will also find the Cyber Connection London, Brussels and Frankfurt, we of reference on legal services – and Message Centre. provide the opinion of those actively www.legal500.com has over engaged in the development of laws 450,000 users a month. Exhibition hours and their practical impact. Monday: 0800-1800 Tuesday-Thursday: 0900-1800 Friday: 0900-1430

Conference Gold Sponsor

Legal Media Group Conference Gold Sponsor Conference Gold Sponsor www.legalmediagroup.com With offices in New York, London and American Lawyer Media International Law Office Hong Kong, Euromoney Legal Media www.americanlawyer.com www.internationallawoffice.com Group is the leading international ALM is the world’s leading The International Law Office delivers publisher for corporate counsel. For a communications company focused global analysis to lawyers worldwide free trial to our magazines, log on to on the practice and business of law. via a subscription-only e-mail service. It www.legalmediagroup.com It is home to the premier media provides legal developments from 100 brands within the US$200 billion jurisdictions (produced in collaboration US legal market – including The with over 500 of the world’s leading American Lawyer, Corporate Counsel, experts), a comprehensive directory of The National Law Journal, LegalTech firms and partners, a database of the and Law.com. world’s major deals and the legal advisers involved, and a global news roundup. The International Law Office Conference Gold Sponsor is proud to be the IBA’s official online Legal Week Global Media media partner. www.legalweek.com Legal Week Global Media is the premier publisher of news and analysis for lawyers in the UK and throughout Conference Gold Sponsor the world. Together with our events Chambers and internet sites, we provide the Conference Gold Sponsor www.chambersandpartners.com complete resource for the legal profession and a committed The Chambers Guides cover all the Kluwer readership of outstanding quality in major jurisdictions throughout the www.aspenpublishers.com terms of corporate decision-making world. In each country, the leading KLI is a leading English language power and influence. international law firms and leading international law publisher. In addition individuals are ranked in the principal to comprehensive coverage of areas of law. It is the weight of client- national, international, and regional interviews that gives our guides their law, Kluwer Law International also highly valued reliability. No one can publishes essential works in a wide offer a more accurate and reliable range of other legal and financial assessment of law firms or individual disciplines – from arbitration, to tax lawyers. and intellectual property. Also exhibiting

• Complinet • Hammicks Legal Bookshops • The Law Society of England and Wales • Oceana Publications, Inc. • Tottel Publishing • Wildy & Sons

96 Exhibition Conference Gold Sponsor Conference Gold Sponsor Conference Silver Sponsor

LexisNexis Group Sweet & Maxwell Interwoven www.lexisnexis.com www.sweetandmaxwell.thomson.com www.interwoven.com LexisNexis Group is a leading provider Sweet & Maxwell, the leading provider Interwoven WorkSite provides the of comprehensive and authoritative of legal information in the UK and electronic equivalent of the legal, business, government and tax Ireland, will be exhibiting alongside expandable file folder. As a information. LexisNexis® unites our sister Thomson Legal and comprehensive legal solution, proprietary brands, advanced Web Regulatory companies, including WorkSite encompasses unified technologies and premium information West, Carswell and TLR Australia. Records Management, E-Mail sources for customers in the legal, Our publishers’ range of products Management, and Document corporate, government and academic and services support the most Management. markets in 100 countries on six demanding legal information needs. continents. Driven by innovation and technology, In addition to its flagship Web- our companies publish a wide range based Lexis® and Nexis® research of legal print and CD-ROM products, services, the company includes some including practitioner guides, treatises, Conference Silver Sponsor of the world’s most respected legal legal forms and primary law books. Navigant Consulting publishers such as Martindale-Hubbell, www.navigantconsulting.co.uk Matthew Bender, Butterworths, Navigant Consulting is a specialised JurisClasseur, Abeledo-Perrot and Orac. consulting firm providing dispute, LexisNexis teams with customers to financial, regulatory and operational deliver information solutions that drive advisory services primarily to productive, efficient decision-making. Conference Gold Sponsor companies in regulated industries, LexisNexis delivers the most government agencies and legal authoritative sources in the world, Who’s Who Legal counsel. tailored to a user’s workflow and www.whoswholegal.com addresses job-specific and enterprise- The International Who’s Who of wide information needs. Business Lawyers identifies the leading Information is delivered in whatever lawyers in 24 distinct areas of the medium customers want, including international legal marketplace. easy-to-use Web-based products, dial- Nominees are selected based upon up online, print and CD formats, all comprehensive, independent survey Conference Silver Sponsor work with both general counsel and supported with first-class customer Oxford University Press private practice lawyers worldwide – service. www.oup.co.uk it is not possible to buy entry into the Oxford University Press is fast publications. emerging as a leading publisher of specialist texts for the legal Abeledo-Perrot • Butterworths practitioner and a first-choice for JurisClasseur • Martindale-Hubbell authors and readers alike. Matthew Bender • Quicklaw Conference Silver Sponsor ARD Orac • Malayan Law Journal Asia Law & Practice www.alphk.com Conference Gold Sponsor Asia Law & Practice is the leading Asia-focused legal Practical Law Company publisher. Its titles include Conference Silver Sponsor www.practicallaw.com/crossborder Asia Law and China Law All the PLCCross-border (formerly & Practice as well as an Wildy & Sons Global Counsel) stable of publications extensive range of books wildy.com are available online at and directories covering the key legal Wildy & Sons Ltd, www.practicallaw.com/crossborder. issues affecting business and finance Law Booksellers They include PLCCross-border in Asia. Visit us at www.alphk.com. since 1830. With Quarterly, PLCWhich lawyer? and the two branches in PLCCross-border Handbooks. Further Conference Silver Sponsor London and a materials online include practice warehouse, we notes, drafting notes and standard Informa Law hold the largest documents for international joint www.informalaw.com stock of new and ventures, acquisitions, sales and Informa Law provides high-quality, secondhand legal marketing, e-commerce and legal risk. must-have information to legal books in the UK. professionals working in the areas of Visit us on Booth 26. maritime, insurance, intellectual property and commercial law.

97 Page 98 WILDY & SONS 2nd Floor, PCC Exhibition Plan

P

Message Centre

1 Kluwer Law International 10 Chambers and Partners 16 LexisNexis 24 PLC Cross Border 33 Oxford University Press 42 The European Lawyer 2 Kluwer Law International 11 Chambers and Partners 17 LexisNexis 25 PLC Cross Border 34 Oxford University Press 43 The European Lawyer 3 Informa 12 Global Competition Review 18 LexisNexis 26 Wildy & Sons 35 American Lawyer Media 44 Legalease 4 Oceana Publications, Inc 13 Getting the Deal Through 19 LexisNexis 27 Hammicks Legal Booksellers 36 45 Euromoney 5 Association Internationale des Jeunes Avocats 14 Latin Lawyer 20 LexisNexis 28 Interwoven 37 Legal Week Global Media 46 Euromoney 6 Asia Law and Practice 15 Who’s Who Legal 21 LexisNexis 29 The Law Society of England and Wales 38 International Law Office 47 International Centre 7 Sweet & Maxwell 22 LexisNexis 30 Complinet 39 International Law Office for Dispute Resolution 8 Sweet & Maxwell 23 LexisNexis 31 Navigant Consulting 40 IBA 99

9 Sweet & Maxwell 32 Tottel Publishing 41 IBA P Conference Photographer Exhibition Plan Exhibition INTERNATIONALINTERNATIONAL BARBAR ASSOCIATIONASSOCIATION ConferencesConferences 2005/62005/6

22-23 May 2006 Istanbul, Turkey 21-22 October 2005 Fiesole, Italy 26-28 February 2006 London, England 17th Annual Communications 9th Annual Competition 7th Annual Private Investment and Competition Law Conference Funds Conference Conference Antitrust and Trade Law Section Investment Companies and Mutual Funds Antitrust Committee and Communications Committee 1 November 2005 Beijing, China Law Committee 3 November 2005 Shanghai, China March 2006 India 24-25 May 2006 London, England Law Firm Management Competition Law and Policy in The 1st Annual Bar Issues Seminars a Global Context Commission Conference Law Firm Management Committee Global Forum Bar Issues Commission 10-11 November 2005 London, England 6-7 March 2006 Dubai 31 May- 2nd June 2006 Global Immigration Conference A Mid Year Conference – Edinburgh, Scotland Maritime Law Immigration and Nationality Law Committee 23rd International Financial Maritime and Transport Law Committee 24-25 November 2005 Law Conference Hong Kong, China 6-7 March 2006 London, England Banking Law Committee and Issues and Trading in Securities Committee Mergers and Acquisitions International Wealth Transfer Conference Practice: Trust, Tax, Wealth June 2006 New York, USA Business Organisations Committee and Business Planning 5th International Mergers and for Artists and Sportspersons Acquisitions Conference 31 October - 1 November 2005 Individual Tax and Estate Planning, Wills, Trusts Business Organisations Law Committee Buenos Aires, Argentina and Succession Committee and Closely held Energy in Latin America – and Growing Business Enterprises Committee 8-9 June 2006 New Trends London, England 24-25 March 2006 Caracas, Venezuela Section on Energy, Environment, Natural 3rd World Women Lawyers 6th Latin American Regional Resources and Infrastructure Law Conference Conference Women’s Interest Group 24-25 November 2005 Sao Paulo, Brazil Latin American and Caribbean Forum Aviation Conference – 30-31 March 2006 Budapest, Hungary Perspectives of the IBA Annual Conferences Latin American Market 5th Annual Corporate Counsel Conference 25-30 September 2005 Prague Aviation Law Committee IBA 2005 Conference Corporate Counsel Forum November 2005 Frankfurt, Germany 17-22 September 2006 Chicago, USA 30-31 March 2005 Barcelona, Spain Joint CMF / European Central IBA 2006 Conference Employment and Discrimination Bank Conference Conference 14-19 October 2007 Singapore Capital Markets Forum Employment and Industrial Relations Law IBA 2007 Conference 1-2 December 2005 New York, USA 2-5 April 2006 Rome, Italy 19-24 October 2008 Buenos Aires 1st Annual NYU/IBA SEERIL Biennial Conference IBA 2008 Conference International Tax Institute Section on Energy, Environment, Natural Conference Resources and Taxes Committee Infrastructure Law

6-7 December 2005 Dubai 20-21 April 2006 London, England Energy Law in the Middle East Litigation Conference For further information Arab Regional Forum and the Section on Litigation Committee The IBA website – www.ibanet.org – Energy, Environment, Natural Resources and Infrastructure Law Spring 2006 Milan, Italy lists details of all forthcoming IBA Conferences, including programme and Cultural heritage: Challenges registration information. Papers can be 29-31 January 2006 Lagos, Nigeria and Opportunities. Focus on downloaded and the site also offers an African Regional Conference IP Rights online registration facility. African Regional Forum Art, Cultural Institutions and Heritage Law To receive a printed programme by mail, 17 February 2006 Singapore 28-29 April 2006 Sydney, Australia please contact: 9th World Arbitration Day 2nd Annual Antitrust Spring International Bar Association Arbitration Committee Conference 10th Floor, 1 Stephen Street Antitrust and Trade Law Section London W1T 1AT, United Kingdom 20 February 2006 Shanghai, China Tel: +44 (0)20 7691 6868 International Arbitration and May 2006 London, England Fax: +44 (0)20 7691 6544 China: Recent Developments The Awakening Giant of e-mail: [email protected] and Current Issues Anticorruption Enforcement Website: www.ibanet.org Arbitration Committee Legal Practice Division

Subject Index Subject Index Subject Academics’ Forum 73 EU accession 27, 28, 37, 41, 46, 49, private equity 29 Access to justice 73 55, 59, 64–65, 70 private ownership 30 Administrative law, electronic voting 63 franchising 55 regulation, raids 31, 32, 42 Africa hotels 66 scandals 28 legal profession 68 illicit art trade 48 securities law 42–43 privatisation 68 insolvency 47 social responsibility 74–75 Alternative dispute resolution (ADR) insurance 41 tax planning 65 see also Arbitration; Dispute resolution international adoption 58 Corruption negligence 35 investment funds 41, 42 corporations 45 Antitrust law public-private partnerships (PPPs) 69–70 politicians 75 see also Competition real estate 63 Criminal law Central and Eastern Europe 27 Russian Federation 38, 42, 70 child sexual abuse 58, 67 distribution strategies 56 specialised investment funds 42 corporations 30–31, 44–45 extraterritoriality 22 taxation 64–65 Czech literature 73 Arbitration telecommunications 49 fraud 45 see also Dispute resolution Child sexual abuse 58, 67 illicit art trade 48 experts 32 China, historic sites 67 international tribunals 58, 76 investment treaty 32 Civil litigation see Litigation money laundering 62–63, 75 Latin America 71 Collecting societies 51 Cultural issues New York Convention 33 Commercial agreements, termination 55 art 48 professional secrecy 31–32 Communications 48–49, 57 Czech literature 25, 73 Rules of Evidence 33 Compensation historic sites 67 UNCITRAL Model Law 32 directors, mergers 28 Czech Republic Art environmental damage 38 insurance 41 see also Cultural issues Competition literature 25, 73 illicit trade 48 see also Antitrust law procurement 80 legal/fiscal regime 48 enforcement 22 Assets, tracing 57, 75 freedom of association 27 Digital rights management (DRM) 51 Aviation refusal to supply 27 Directors Cape Town Convention 59, 61 Compliance judicial supervision 28 crash investigation 61 see also Enforcement liabilities 70 EU accession states 59 due diligence 43, 62 mergers, compensation 28 financing 59 international business transactions 69 Disabled persons 43 insolvency 47 Confidential information, employment 44 Disclosure litigation 61 Conflict of interest franchising 56 recent developments 61 corporations 45 trusts 64 repossession 61 financial services 39 Discrimination trusts 64 disabled persons 43 Banking Construction projects sex discrimination 44 see also Financing dispute resolution 37 Dispute resolution see also Arbitration; Litigation borrowing alternatives 39–40 procurement systems 37–38 alternative dispute resolution (ADR) 35 business process outsourcing 54 recent developments 37 construction projects 37 capital markets 43 Contracts information technology 55 conflict of interest 39 information technology 55, 57 international business transactions 56 insolvency 40 international business transactions 57 professional secrecy 31–32 Bankruptcy, corporate see Insolvency supply chain logistics 62 Bar Issues Commission (BIC) 23, 73, 74 trade terms 57, 62 Eastern Europe see Central and Eastern Broadcasting Convention on the International Sale of Europe see also Media law Goods (CISG) 57 Economic duress 33–34 format rights 52–53 Corporate counsel Electronic commerce 57 frequency bandwidth 49 see also Legal profession Electronic communications 57 Business organisations litigation 35 Electronic voting 63 buy-outs 30 outside counsel 69 Employment closely held 30 professional rules 68–69 cheap labour 67 companies see Corporations risk management 69 confidential information 44 family-owned 30 Corporations corporate social responsibility 74–75 multinational see Multinational bankrupt see Insolvency disabled persons 43 corporations bankruptcy see Insolvency discrimination 43, 44 Business process outsourcing 54 borrowing 39–40 EU accession states 46 conflict of interest 45 harassment 44, 45 Cape Town Convention 59, 61 corruption 45 health professionals 46 Capital markets, due diligence 43 criminal law 30–31, 44–45 restrictive covenants 44 Central and Eastern Europe directors 28, 70 Energy, oil and gas 38 antitrust law 27 ethics 45 Enforcement aviation 59 fraud 45 competition 22 casinos 66 human rights 23, 74 environment 37 Czech Republic 25, 41, 73, 80 international takeovers 29 European Union (EU) 22, 37, 42 emerging markets 71 mergers see Mergers & acquisitions Latin America 71 environment 37 multinational 44–45, 74–75 regulation, raids 31, 32, 42 offshore tax sheltering 30–31 trademarks 52

101 Subject Index Globalisation GATS 74 Gambling, casinos66 Freedom ofassociation27 Franchising Foreign trade Financing Financial services Family law Extraterritoriality 22 Expert witnesses Evidence European Union(EU) Ethics Environment 102 ethics 74 recent developments56 disclosure 56 cross-border acquisitions55 Europe 55 Central andEastern shipping 61–62 securities 42–43,61–62 private equity29,42,65 capital markets43 aircraft 61 access tojustice73 see also investigations 42 conflict ofinterest 39 see also tracing assets57 adoption58 international patents 51–52 arbitration 32 proposed mergers27 arbitration, rules33 waste management35 trade liberalisation28 telecommunications 48–49 taxation 64–65 satellite systems53 professional secrecy 32 procurement 80 occupational pensions39 money laundering62–63 litigation 70 investment funds41 insurance 41 insolvency 40 immigration 46 environment 37 enforcement 22,37,42 employment 46 disabled persons43 Constitutional Treaty 63 competition 22 aviation 59 accession states27,28,37,41,46,49, taxation 64 globalisation 74 corporations 45 see also waste management35 oil pollution61 mining, damage38 EU accessionstates37 enforcement 37 55, 59,64–65,70 Investment Banking Professional conduct see International trade International International businesstransactions International BarAssociation International Intellectual property Insurance Insolvency Information technology Indigenous peoples INCOTERMS 57 Immigration 46 Image rights50–51 Human trafficking 67 Human RightsInstitute75–76 Human rights Hotels 66 Health Harassment 44,45 Hague Convention,choiceofforum33 emerging markets71 distribution strategies56 dispute resolution 56 counselling 80 contracts 57 compliance 69 commercial agreements 55 business process outsourcing 54 Rules ofEvidence33 Open Forum21 ethics 74 trademarks 52 patents 51–52,54 litigation 49–50 licensing 27 50 Internet image rights50–51 format rights52–53 digital rightsmanagement(DRM)51 collecting societies51 third parties41 terrorism 41 EU accessionstates41 United States47 UNCITRAL ModelLaw47 Russian Federation70 European Union(EU)40 Europe 47 Central andEastern banking 40 aviation 47 nanotechnology 53–54 Information Society48–49 electronic voting63 electronic communications57 electronic commerce 57 dispute resolution 55 contracts 55,57 business process outsourcing 54 see also displaced populations58 collective rights58 victims, representation 58 national reconciliation 76 corporations 23,74 pharmacogenomics 58–59 infectious diseases59 globalisation 59 intellectual property 49–50 immigration 46 health 59 extraterritoriality 22 Internet Internet trade International CriminalCourt(ICC)58,76 International Liabilities Legal profession Legal opinions Legal education,clinicallegaleducation79 Law firms,management Investment Investigations Latin America Land Kafka, Franz73 Judiciary, gender/ethnicity43 Judges’ Forum77 management supply chainlogistics62 model laws57 legal opinions71 franchising 55–56 digital rightsmanagement(DRM)51 trade terms57,62 sale ofgoods56,57 regional tradeagreements 28 extraterritoriality 22 legal profession 35 directors 70 young lawyers35,80–81 women 80 professional secrecy 31–32 pro bono maritime law62 malpractice, liabilities35 in-house lawyers ethics 64,74 core values23 conduct bar office management 74 Bar IssuesCommission(BIC)23,73,74 Africa 68 businesstransactions71 international insolvency 40 due diligence43 sovereignty issues71 emerging markets71 tax systems38 specialised funds42 Russian Federation42,70 retail market42 real estate65 private equity29,42,65 portfolio management42 oil andgas38 investment treaty 32 investment protection 70 investment products 42 investment funds41,42 hot topics42 EU accessionstates41 arbitration 32 see also raids 31,32,42 cross-border 44–45 aircraft crashes61 travel/tourism 66–67 intellectual property 50 48–49 governance see Realestate Financing see work79,81 Professional conduct see Corporatecounsel see Practice Subject Index Subject oil pollution 61 Patents oil and gas 38 pharmacogenomics 58–59 expert witnesses 51–52 specialised investment funds 42 Litigation nanotechnology 54 see also Arbitration; Dispute resolution Pensions 39 Sale of goods aviation 61 Pharmaceuticals, pharmacogenomics 58–59 see also International business choice of forum 33, 64 Practice management transactions collective rights 58 billable hours 81 contract terms 57 competition 22 client expectations 25 dispute resolution 56 construction projects 37 contacts 25 Securities corporate counsel 35 managing partners 78 see also Financing cross-border 31–32 marketing 25, 78 Hollinger 42–43 economic duress 33–34 money laundering 62–63 investigations 42 EU accession states 70 partners, motivation 77–78 shipfinance 61–62 intellectual property 49–50 practice development 25 Sex discrimination 44 international courts 58 presentations 25 Shipping see Maritime law Latin America 71 recruitment 78 South America media law 52 remuneration 77 insolvency 47 persuasive techniques 50 retirement issues 79 Latin America 71 professional secrecy 31–32 small firms 78 Sport, media law 52 taxation 64 succession planning 78, 79 trusts 64 Privacy, image rights 50–51 Taxation vexatious litigants 77 Private equity 29, 42, 65 ethics 64 Lustig, Arnost 25 Privatisation, Africa 68 EU accession states 64–65 Privilege, litigation 31–32 incentives 38, 64–65 Maritime law Procurement litigation 64 legal profession 62 construction projects 37–38 natural resources 38 MV Prestige 61 recent developments 80 recent developments 65–66 oil pollution 61 regimes 79–80 tax planning 65 recent developments 61 satellite systems 53 tax sheltering 30–31, 64 shipfinance 61–62 UNCITRAL 79 Telecommunications 48–49, 57 Media law Professional bodies Terrorism claims management 52 American Bar Association 25 bioterrorism 59 format rights 52–53 International Bar Association 21, 33, 74 insurance 41 frequency bandwidth 49 office management 74 media law 52 sport 52 young lawyers 81 Tourism terrorism 52 Professional conduct dynamic packaging 66–67 Medicine, pharmacogenomics 58–59 core values 23 historic sites 67 Mergers & acquisitions corporate counsel 68–69 hotels 66 burden of proof 27 ethics 64, 74 outer space 53 cross-border transactions 29, 55 malpractice 35 sexual abuse 67 Trademarks 52 directors, compensation 28 secrecy 31–32 Transport evidence 27 Professional development aircraft see Aviation franchising 55 partners 77 shipping see Maritime law international takeovers 29 young lawyers 81 supply chain logistics 62 recent developments 29–30 Project finance, construction projects 37 Trusts, litigation 64 Minerals 38 Prudent Person Rule 39 Money laundering Public law UNCITRAL corruption 75 corruption 75 arbitration 32 practice management 62–63 electronic voting 63 electronic communications 57 Multinational corporations Public-private partnerships (PPPs) 69–70 insolvency 47 see also Corporations procurement 79 cross-border investigations 44–45 Real estate United Nations sex discrimination 44 Central and Eastern Europe 63 corporate social responsibility 74–75 social responsibility 74–75 investment 65 restructuring 75–76 Regulation United States Nanotechnology 54 counselling 80 extraterritoriality 22 Natural resources 38–39 enforcement, raids 31, 32, 42 insolvency 47 NEPAD 68 Remuneration Sarbanes-Oxley Act 22, 69 New York Convention 33 law firms 77 sex discrimination 44 Waste management 35 OECD 22 Restrictive covenants, employment 44 Water, good governance 39 Oil and gas Risk Women oil pollution 61 due diligence 62 judiciary 43 Russian Federation 38 international business 69 legal profession 80 Outer space supply chain logistics 62 sex discrimination 44 satellite systems 53 terrorism 41 World Trade Organization (WTO) tourism 53 Russian Federation GATS 74 Outsourcing 54 insolvency 70 regional trade agreements 28 investment protection 70 Young lawyers 35, 80–81

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