32nd LAWASIA Conference 5-8 November 2019 | Hong Kong SAR Conference Program _____________________________________________________________________________________________________________________________________ Please note that the below is a preliminary conference program and subject to change. Information correct as at 3 October 2019. CPD Accreditation for Hong Kong SAR delegates A maximum of 14 CPD points will be awarded for attendance of the full programme Please note that the conference will be held across two different venues: The JW Marriott Hotel and the Hong Kong Convention & Exhibition Centre (HKCEC). Monday, 4 November 2019 1400 – 1800 LAWASIA Executive Committee Meeting ExCo Members only Tuesday, 5 November 2019 1000 – 1600 Annual LAWASIA Council Meeting LAWASIA Council Members only. This event is by direct invitation only. 1800 – 2000 Presidents’ Dinner Invitation only 1 Wednesday, 6 November 2019 0830 – 0930 Registration Ballroom Foyer, JW Marriott Hotel 0930 – 1030 Opening Ceremony Ballroom, JW Marriott Hotel Welcome Remarks by Mr Christopher Leong, President of LAWASIA Welcome Remarks by Ms Melissa Pang MH JP, President of The Law Society of Hong Kong Special Address by The Honourable Geoffrey Ma Tao-li GBM, Chief Justice of the Court of Final Appeal, Hong Kong Special Administrative Region Special Address by The Honourable Teresa Cheng Yeuk-wah GBS SC JP, Secretary for Justice, The Government of the Hong Kong Special Administrative Region 1030 – 1100 Morning Refreshments & Networking Ballroom Foyer, JW Marriott Hotel 1100 – 1230 Plenary Session Ballroom, JW Marriott Hotel 1300 – 1430 Lunch & Guest Speech Renaissance Harbour View Hotel Note: One-way coach transfer from the JW Marriott Hotel to the Renaissance Harbour View Hotel will be provided. 1800 – 2200 Update on Global Legal Landscape and Welcome Reception & LAWASIA Cup Happy Valley Racecourse Note: Delegates will be required to make their own arrangements to and from Happy Valley Racecourse. 2 Thursday, 7 November 2019 0800 – 0900 Registration continues Room S428, Level 4, HKCEC 0900 – 1030 ALTERNATIVE DISPUTE RESOLUTION TAXATION ANTI-TRUST Risk Management in Mediation and Arbitration Taxing the Digital Economy: Where do we Stand Making Leniency Great Again – the Challenges for International and Cross-border Disputes now & What’s Next? of Cross-border Cartel Enforcement Room S421, Level 4, HKCEC Rooms S423 - S424, Level 4, HKCEC Rooms S426 - S427, Level 4, HKCEC Have you wondered how ADR – with its In March 2018, the OECD issued a preliminary Cartel enforcement by competition agencies across standardised (albeit well intended) rules and report discussing the challenges of taxing the the region remains a priority. However, detection procedure – be better applied to increasingly digital economy. Drawing strength from Action 1 of anti-competitive conduct is increasingly complex and fact-specific cross-border disputes? of the BEPS report, this recent report studies the becoming more challenging – as the benefits of How the seemingly rival demands of delivering an characteristics of digital businesses including its immunity/ leniency programmes for companies and effective and efficient ADR service and complying remote presence, reliance on intangibles and data, individuals no longer give sufficient bright-line with regulatory and professional conduct rules be and heavy user participation. Having said this, the incentives to cooperate with enforcement reconciled? To discuss these concerns and how risk notion of how to tax the digital economy remains a authorities. This panel will address the risks, management 1 plays a key role in any ADR difficult question for countries worldwide. Despite benefits and incentives of leniency – and how both practice, LAWASIA warmly invites you to this the urgency on the part of tax authorities wanting to private sector and competition agencies view global must-attend session. tax the digital economy, there is still no common trends and the impact on future enforcement. global on how to achieve this. The new business Our distinguished panel will discuss risk models that the digital economy creates remain Moderator identification, evaluation and mitigation in elusive from the taxation net and this is partially Mr Marcus Pollard | Member of Competition Law mediation and arbitration of international contributed to the fact existing tax laws and Committee, The Law Society of Hong Kong commercial disputes. Leading lawyers, mediators framework are not suited to effectively tackle this. (HONG KONG SAR) and arbitrators will share invaluable insights and tips as part of a proactive, holistic strategy to better With international pressure and interest in this area, Speakers manage common risks and conduct ADR, e.g.: this session aims to discuss how tax authorities in Ms Vena Cheng | Senior Consultant, Akin Gump confidentiality; privilege; conflicts of interest; this region are preparing to address the question of Strauss Hauer & Feld (HONG KONG SAR) independence and control; due diligence (e.g. taxing the digital economy, which has Mr Lester Lee | Head (Litigation), Legal, AML); budgets; timetables; resources; third party revolutionised the manner in which people today Competition Commission (HONG KONG SAR) funding context; and other conduct/practice pitfalls. live and conduct their daily lives including Dr Derek Ritzmann | Economic Expert, Economic After the session, delegates may expect to businesses. This session will also analyse the Partners (HONG KONG SAR) takeaway tactics to boost their ADR toolbox and unilateral approaches taken by some governments Mr Anand Raj | Partner, Shearn Delamore & Co practice. Indeed, risk comes from not knowing are effective or are these pure interim measures. Chair of LAWASIA Anti-Trust and Competition what you are doing 2! Law Subcommittee ____________________________________ Moderator (MALAYSIA) 1 Maximising and minimising areas where we have some Mr DP Naban | Senior Partner, Lee Mr Ryan Il Kang | Partner, Bae, Kim & Lee LLC control over the outcome or where we have absolutely Hishammuddin Allen & Gledhill (MALAYSIA) (KOREA) no control over the outcome, respectively (Peter L Bernstein, 2012) 3 2 Warren Buffett Speakers Mr Min Jiang | Vice-President, All China Lawyers Moderators Association (CHINA) Mr Huen Wong, BBS, JP | Past President and Mr Pierre Chan | Council Member, The Law Chairman of Arbitration Committee, The Law Society of Hong Kong (HONG KONG SAR) Society of Hong Kong (HONG KONG SAR) Mr Jay Shim | Partner, Lee & Ko (KOREA) Dr Pinky Anand | Senior Advocate, Office of Mr S Saravana Kumar | Partner, Lee Additional Solicitor General of India Hishammuddin Allen & Gledhill Chair of LAWASIA ADR Subcommittee Chair of LAWASIA Taxation Subcommittee (INDIA) (MALAYSIA) Mr Pieter de Ridder | Managing Partner, Mayer Speakers Brown (SINGAPORE) Mr Gang Li | Secretary General of Foreign Affairs Committee, Guangdong Lawyers Association (CHINA) Mr John Lee | Member of Arbitration Committee, The Law Society of Hong Kong (HONG KONG SAR) Mrs Cecilia Wong | Council Member and Chairlady of Mediation Committee, The Law Society of Hong Kong (HONG KONG SAR) Ms Lani Victoria Vinas | Managing Associate, SHUSAKU·YAMAMOTO (JAPAN) Mr Andre Maniam SC | Head of Litigation & Dispute Resolution, WongPartnership LLP (SINGAPORE) Mr Brian Speers | President, Commonwealth Lawyers Association (UNITED KINGDOM) 1030 – 1100 Morning Refreshments & Networking Foyer, Level 4, HKCEC 1100 – 1230 COMMUNICATIONS, TECHNOLOGY & SPORTS LAW UNCITRAL DATA PROTECTION The Extra-territorial Impact of the General Data Sports Contracts Management and Sports Dispute Harmonised Regulation of E-Commerce in Asia Protection Regulation (GDPR) on Businesses in Resolution and Current UNCITRAL Initiatives the Asia Pacific Region Rooms S423 - S424, Level 4, HKCEC Rooms S426 - S427, Level 4, HKCEC Room S421, Level 4, HKCEC Sports law, like the special characteristics and This session will focus on the adoption and Privacy / Data protection is really a battle between dynamics of sports, continues to grow and evolve implementation of UNCITRAL’s e-Commerce individualism and right to information. The over the years. As sports emerge as a global Conventions and model laws, with particular European Union has introduced the General Data industry, stakeholders such as governments, emphasis upon the requirements of the revamped 4 Protection Regulation (GDPR) in May 2018, which sporting bodies, clubs, agents, managers and Trans Pacific Partnership and approaches within is not only applicable to the European Economic players are gaining awareness over the potential of ASEAN to the regulation of electronic commerce. Area (EEA), but also claims for applicability to criminality and abuses. Stricter laws are called to third country data processors once EEA personal deal with cases in relation to corruption, match Moderator data is processed. The changes in the GDPR has fixing and doping. In this session, experts are Mr Shreyas Jayasimha | Advocate, Aarna Law also affected the enforcement of IP rights by brand- invited to analyse how sports disputes are different Deputy Chair of LAWASIA UNCITRAL Section owners. This session will discuss when and how to from commercial disputes and discuss the projected (INDIA) comply with the GDPR, and enforcement risks for changes in sports law and their implications non EU or EEA processors under the GDPR. The towards the sports industry over the coming years. Speakers session will also focus on the UK experience as an Dr James Ding