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Conference Program

Please note that the below is a preliminary conference program and subject to change. Information correct as at 19 September 2018.

New Era for South East Asia
Thursday, 1 November 2018
TBA IBA Bar Issues Commission Conference
“Globalising Your Practice: Opportunities and Challenges”

Free event presented by the IBA Bar Issues Commission. Supported by LAWASIA and the Bar Association of the Kingdom of Cambodia. Click here to view the event flyer.
For more information and to register your interest, please email Feline van der Heyden.
14:00 – 18:30 LAWASIA Executive Committee Meeting
ExCo Members only.
Friday, 2 November 2018
10:00 – 16:00 Annual LAWASIA Council Meeting
LAWASIA Council Members only. This event is by direct invitation only.
15:00 – 17:00 Conference registration – Name badge collection
17:00 – 19:00 Opening Ceremony
Welcome Remarks from LAWASIA President, Mr Christopher Leong
Welcome Address from President of the Bar Association of the Kingdom of Cambodia, Mr Suon Visal
Opening Address
19:00 – 21:00 Welcome Reception
Saturday, 3 November 2018
8:00 – 9:00 Delegate registration continues
Session 1
9:00 – 10:30
BELT & ROAD

Session sponsored by:

The economic and strategic agenda known as the “Belt & Road” was proposed by the Chinese government to enhance cooperation among relevant economies. It aims to create a large international market that will strengthen economic ties and cultural exchange between states and enable an innovative and equitable development of the region. This session will examine current results and future prospects of the “Belt & Road” initiative implementation, specifically concentrating on its implications for the Asian region including changes of policy and legal services. Furthermore, the session will discuss applicable local legal requirements and importance of providing legal services to outbound investors. The session will also discuss possible development of disputes resolution mechanisms and, particularly, multinational cooperation of legal service between law firms and practitioners in light of increased business opportunities.

Topics to be discussed include:
• The policies and key issues in relation to China outbound investment
• The Main Legal Risks of Chinese Investment in Mekong Region
• Planning Your Overseas Belt and Road Investments
• Helping Chinese Companies Invest Successfully in Indonesia
• Chinese Practice in International Commercial Dispute Settlement
• Chinese Investments in Malaysia: Managing Risks and Dispute

Moderators
Mr Baohu Yin | China Legal Exchange Center, China Law Society (CHINA)
Mr Amirali B Nasir | President of The Law Society of Hong Kong (HONG KONG SAR)

Speakers
Ms Ning Zhu | Chance Bridge Partners (CHINA)
Mr Tianyi Zhang | Ba Qian Law Group (LAOS)
Mr Winston Seow | KhattarWong LLP (SINGAPORE)
• Mr Lor Sok | Sok Xing & Hwang (CAMBODIA)
• Mr Johannes C. Sahetapy | Arfidea Kadri Sahetapy-engel Tisnadisastra (INDONESIA)
Mr Haiquan Lin | Research Centre of Civil and Commercial Jurisprudence of Renmin, University of China (CHINA)
• Mr Jeff Leong | Jeff Leong, Poon & Wong (MALAYSIA)
• Mr Jun Wang FCIArb FSIArb FACICA FAMINZ | Capital Alliance ADR Advisory Services (HONG KONG SAR)

ALTERNATIVE DISPUTE RESOLUTION
This session will address the advent of third party funding in arbitration and its effect on the resolution of environmental disputes in South East Asia; with specific reference to Cambodia, Laos, Vietnam, Thailand, and Myanmar. South East Asia is home to tropical rainforests (Laos, Vietnam, Cambodia, Thailand, Myanmar and the Malay peninsula). Any developmental activity, particularly in Laos, Vietnam, Cambodia, Thailand, Myanmar, has to be very carefully undertaken keeping in mind the fact that this region is a major carbon sink. Maintenance of this delicate balance between the developmental needs of the region and the environmental requirements will be crucial to the carbon trade in the region. Third party funding in arbitration, particularly while resolving environmental disputes of the nature mentioned above, will have wide-ranging effect on the arbitration jurisprudence in the South East Asian region.

Moderator
Ms Pinky Anand | Office of Additional Solicitor General of India (INDIA)

Speakers
Ms Winnie Tam SC JP | Des Voeux Chambers (HONG KONG SAR)
Mr Tony Dymond | Debevoise & Plimpton (UK)
Mr West Nareth Hib | National Commercial Arbitration Centre of the Kingdom of Cambodia (CAMBODIA)
Mr Andre Maniam SC | Wongpartnership LLP (SINGAPORE)

BAR LEADERS’ FORUM: PROMOTING INCLUSIVITY, EQUALITY, MODERATION AND SECURITY
This session will involve bar leaders from member organisations, together with leaders from other jurisdictions who are present at the conference, to discuss matters of mutual interest. There will be a particular focus on issues affecting, and the needs of, developing countries and the manner in which the larger legal community and law associations can coordinate cooperation with law associations in developing countries.

Moderator
Mr Gregory Vijayendran | President of The Law Society of Singapore (SINGAPORE)

Speakers
Mr Simon Davis | Vice President of The Law Society Of England and Wales (UK)
Dr Martin Abend | Vice President of The German Federal Bar (GERMANY)
Ms Melissa Pang | President of The Law Society of Hong Kong (HONG KONG SAR)

10:30 – 11:00 Morning refreshments and networking
Session 2
11:00 – 12:30
FDI: FOREIGN DIRECT INVESTMENT IN DEVELOPING ASIA
In an era of shifting economic centre of gravity to Asia and slowing China growth, the rise of India and ASEAN will lift the global economy in the next few decades. The size of China’s huge market is also set to overtake the US market this year. With much of the growth in the last 10 years in ecommerce, mobile payments, e-wallets driving economic transformation at dizzying speed, and with new innovations in smart cities, electronic world trade platforms, digital free trade zones and e-hubs sprouting in the region, the Digital Economy is the Future of Asia.

This session will feature speakers from Asia and discuss FDI and the new Digital Economy in Asia.

ENVIRONMENTAL LAW: ENVIRONMENTAL DISPUTE RESOLUTION
This session will address the various emerging mechanisms for dispute resolution arising out of climate change issues, with a particular focus on Cambodia, Vietnam and Thailand.

Topics to be discussed include:
• Environment Law: Impact of climate change in India & the role of judicial interpretation
• Mechanisms for resolution of climate change disputes
• Climate change and legal mechanisms in the Mekong Region
• Overview of ADB’s work on climate change dispute resolution in Asia

Moderator
Mr Matthew Baird | Asian Research Institute for Environmental Law (THAILAND)

Speakers
• H.E Dr Say Samal | Minister of Environment of the Kingdom of Cambodia (CAMBODIA)
• Ms Geeta Luthra | Supreme Court of India (INDIA)
• Ms Z.J. Jennifer Lim | Debevoise & Plimpton (HONG KONG SAR)
• Mr Phanna Sok | FS Center For Environmental Research In Conservation And Development Studies (CAMBODIA)
• Ms Irum Ahsan | Office of the General Counsel | Asian Development Bank (PHILIPPINES)

FOREIGN ACTIVITY IN THE SOUTH PACIFIC AND ITS IMPLICATIONS FOR THE RULE OF LAW
This session will discuss relevant issues of developing countries in the Pacific.  Many of these issues – such as independence of the judiciary, the rule of law and the role of law associations – are common in developing countries of Asia.
12:30 – 13:30 Lunch and networking
Session 3
13:30 – 15:00
INTERNATIONAL TAX: TAX INCENTIVES AS A CATALYST TO ECONOMIC DEVELOPMENT IN INDOCHINA: TARGETING THE RIGHT INCENTIVE

Session sponsored by:

The Indochina countries have introduced a number of tax incentives in recent years. The question simply is whether they have implemented the right incentives at the right time and whether such incentives appeal to the present economic conditions. This session will examine the region’s present tax incentives policy by looking at the tax policy developments in neighbouring Singapore and Malaysia.

Moderator
Datuk D.P. Naban | Lee Hishammuddin Allen & Gledhill (MALAYSIA)

Speakers
Mr P.E. Ashokan | KhattarWong LLP (SINGAPORE)
Mr Duc Minh Nguyen | Lee & Ko Vietnam LLC (VIETNAM)
Ms Lorybeth R. Baldrias-Serrano | Insights Philippines Legal Advisors (PHILIPPINES)
Mr Sachit Jolly | DMD Advocates (INDIA)
Mr Saravana Kumar | Lee Hishammuddin Allen & Gledhill (MALAYSIA)
Mr Jack Sheehan | DFDL (LAOS)

HUMAN RIGHTS: DISABILITY RIGHTS IN THE ESCAP REGION
The commitment of the Asia-Pacific region to a disability-inclusive society has been restated over three decades. This seminar will introduce you to three key elements necessary to fulfil this objective: access to justice, mental capacity and decision-making, and de-institutionalisation through the right to independent living.

This session will explore the implementation of the UN Convention on the Rights of Persons with Disabilities which remains a sustainable development goal for 2030.

Moderator
Mr Shyam Divan | Supreme Court of India (INDIA)
Co-Chair | LAWASIA Human Rights Section

Speakers
• Ms Aswini Weereratne QC | Doughty Street Chambers (UK)
• Ms Joanna Caen | Herbert Smith Freehills (HONG KONG SAR)
• Ms Akiko Sato | Kotonoha Law (JAPAN)
• Mr Takehiko Nishimura | Lupinus Law Office (JAPAN)
• Ms Antje Kunst | Bretton Woods Law (GERMANY/UK)

YOUNG LAWYERS’ FORUM
This session will focus on the interests of young lawyers from any part of the world, and provide them with an opportunity to raise issues of particular concern to the next generation of practitioners. Experienced practitioners are welcome to participate.

Moderators
Mr Wiebe de Vries | President of the International Association of Young Lawyers (AIJA) / BloomTax (THE NETHERLANDS)
Mr Toyohisa Kaminiwa | Inaba & Partners (JAPAN)

Speakers
• Mr Kenji Hirooka | Anderson Mori & Tomotsune / AIJA (JAPAN)
• Mr Daniel Albert | Daniel & Wong Advocates and Solicitors / AIJA (MALAYSIA)
• Ms Laarni Victoria Q. Vinas | SHUSAKU·YAMAMOTO (JAPAN)
• Mr Zi Li Tay | ZICO Law (VIETNAM)

15:00 – 15:30 Afternoon refreshments and networking
Session 4
15:30 – 17:00
CROSS-BORDER INSOLVENCY
This session will look at issues arising out of the regulation of financially distressed companies which have assets or creditors in more than one country in the Asia Pacific region. Recent developments in choice of law rules, jurisdiction rules and enforcement of foreign judgement rules will be examined.

Topics to be discussed include:
• Recognition and Management of Foreign Representatives
• Cross-Border Insolvency as Part of the Reform of India’s Insolvency Laws
• Cross-border Restructuring
• Challenges of Adoption and Implementation of the Model Law on Cross-Border Insolvency in Developing Countries

Moderator
Mr Tim Castle | Six St James Hall Chambers (AUSTRALIA)

Speakers
• The Hon Justice Robert McDougall | Judge of the Supreme Court Of New South Wales (AUSTRALIA)
• Mr Shreyas Jayasimha | Aarna Law / Coordinator of the UNCITRAL National Coordination Committee (INDIA)
• The Hon Justice Vinodh Coomaraswamy | Judge of the Supreme Court (SINGAPORE)
• Mr Tony Nguyen | EPLegal (VIETNAM)

ANTI-TRUST IN ASIA
This session will discuss and examine the increasing influence of anti-trust regulations in Asia, including enhanced merger filing and review requirements, consumer protection measures, and unfair competition restrictions.
JUDICIAL INTERACTION IN INTERNATIONAL COMMERCIAL ARBITRATION
This session is organised by the Judicial Section of LAWASIA, under the Honourable T.F. Bathurst AC, Chief Justice of New South Wales, and will cover consideration of the different models adopted across various jurisdictions for interface between international arbitration and commercial litigation.
Sunday, 4 November 2018
Session 5
9:00 – 10:30
BANKING & FINANCE: FUNDING THE DIGITAL ECONOMY – HOW CONVENTIONAL PRINCIPLES OF FINANCE ARE EMBRACING & SERVING THE DIGITALISATION OF COMMERCE & TRADE IN DEVELOPING COUNTRIES

The session aims to explore and discuss the role of financial technology in achieving financial inclusion for sectors of the community in developing countries.

ENVIRONMENTAL LAW: IMPACT OF CLIMATE CHANGE ON HUMAN RIGHTS
The session will consider the implications of failing to take action to mitigate greenhouse gas emissions (by increasing sources or reducing sinks) and how the consequent exacerbation of climate change impacts on human rights.

Topics to be discussed include:
• Human Rights and Climate Change in the 2015 Paris Agreement: Potential, Perils and Prospects
• Climate change and vulnerable Groups – Global and Regional developments
• Climate-induced Displacement and Human Rights in the Asia and Pacific
• Declaration on Human Rights and Climate Change

Moderator
The Honourable Justice Brian J Preston SC | Chief Judge of the Land and Environment Court of New South Wales (AUSTRALIA)

Speakers
• Ms Irum Ahsan | Office of the General Counsel | Asian Development Bank (PHILLIPINES)
• Professor Ben Boer | Wuhan University (CHINA)
• Dr Kirsten Davies | Macquarie Law School (AUSTRALIA)
• Dr Georgina Lloyd Rivera | SFS Center For Environmental Research In Conservation And Development Studies (CAMBODIA)
• Professor Lavanya Rajamani | Centre for Policy Research (INDIA)

LAND LAW: HOW REAL IS MY ESTATE?
A comparative analysis of doing business under reliable, predictable, efficient, and secure Real Estate System and Procedures, with reference to Cambodia, Vietnam, and Thailand, juxtaposed against other jurisdictions of Asia Pacific.
10:30 – 11:00 Morning refreshments and networking
Session 6
11:00 – 12:30
INTERNATIONAL FRANCHISING: HOT TOPICS IN ASIAN FRANCHISING
Franchising is booming in Asia as International brands expand into new markets.  Most franchisors have agreements that are well established in their home jurisdictions. What happens when things go wrong and disputes arise?  How can franchisors anticipate and avoid disputes, and what can franchisees do to protect themselves if disputes arise?

Topics to be discussed include:
• Goodwill in Franchising Agreements
• Vicarious Responsibility of Franchisers and Joint Employment
• Supply Chain Management
• Termination and Non-renewal

Moderator
Ms Courtney Robertson | Gilbert + Tobin (AUSTRALIA)

Speakers
• Ms Andrea Pane | Piper Alderman (AUSTRALIA)
• Mr Kentaro Tanaka | TMI Associates (JAPAN)
• Ms Ho May Kim | Duane Morris (SINGAPORE)
• Mr Tim Castle | Six St James Hall Chambers (AUSTRALIA)

EUROPE ISSUES: EU-ASEAN TRADE AGREEMENTS
This session will discuss the status of various initiatives which have taken place over the past decade, commencing with the EU-ASEAN Enhanced partnership in 2007 and most recently involving a resumption of negotiations on an EU-ASEAN Free Trade Agreement.

Topics to be discussed include:
• Trade relation between ASEAN and EU
• The Implications of Brexit for UK-ASEAN relations
•ASEAN-EU Free Trade Agreement

Moderator
Mr Henning von Zanthier | VON ZANTHIER & SCHULZ (GERMANY)

Speakers
Ms Raquel Garcia-Argudo Mendes | Colón de Carvajal Abogados (SPAIN)
Mr Niten Chauhan | JPC Law (UK)
Mr Andika E. Pahlevi | Fidelity Law Office (INDONESIA)
Dato’ Nitin Nadkarni | Lee Hishammuddin Allen & Gledhill (MALAYSIA)

FAMILY LAW
This session examines developments and the challenges faced in international family law disputes with a particular focus on dispute resolution, children’s issues and financial disputes.

Topics to be discussed include:
• Dispute Resolution
• International Divorce in Korea
• Tracing and Valuing Family Law Assets in Financial Matters

Moderator
Mr Teong Liang Yap | Chair of LAWASIA Family Law & Family Rights Section
TL Yap Chambers LLC  (SINGAPORE)

Speakers
Mr Rajan Chettiar | Rajan Chettiar LLC (SINGAPORE)
Dr Yunjeong Hwang | The Joeun Law Firm (SOUTH KOREA)
Ms Eleanor Lau | Lander & Rogers Lawyers (AUSTRALIA)
Ms Angela Lin | Lee and Li (TAIWAN)

12:30 – 13:30 Lunch and networking
Session 7
13:30 – 15:00
APPLYING BEST CORPORATE GOVERNANCE PRACTICES IN THE DEVELOPING WORLD – CHALLENGES IN SOUTH-EAST ASIA COMMUNICATIONS, TECHNOLOGY & DATA PROTECTION: IS THERE A ROLE FOR DATA PROTECTION LAW IN DEVELOPING COUNTRIES?
The session will discuss the current data protection regimes in force in the region and consider whether, and to what extent, developing countries in Asia and the Pacific should consider adopting privacy and data protection laws.

Speakers
• Mrs Madhavi Goradia Divan | Supreme Court of India (INDIA)

ARTIFICIAL INTELLIGENCE AND THE EMPLOYMENT LAW IMPLICATIONS
The increasing emergence of artificial intelligence and robots is leading to some fundamental employment changes. The disappearance of the need for human performance of manual work in many traditional occupations brings with it profound implications for the employment relationship and the legal rights and obligations of workers and employers. Speakers in this session will explore some of the employment law implications.

Moderator
Mr Bernard Banks | Gibson Sheat Lawyers (NEW ZEALAND)

Speakers
• Mr Hans Hwang | Sok Xing & Hwang (CAMBODIA)
Mr Saurabh Prakash | Delhi High Court (INDIA)
Ms May Lu | Simmons & Simmons (CHINA)
Mr Anthony Wong | AGW Consulting Pty Ltd (AUSTRALIA)
Professor Jason (Jingbo) Lu | River Delta Law Firm (CHINA)

15:00 – 15:30 Afternoon refreshments and networking
Session 8
15:30 – 17:00
INTELLECTUAL PROPERTY: ESTABLISHING AND ENFORCING INTELLECTUAL PROPERTY RIGHTS IN INDO-CHINA AND THE SURROUNDING REGION
The session will involve a consideration of the IP regimes established in countries such as Vietnam, Thailand and China; the impact of Free Trade Agreements; the significance of Cambodia’s accession to the WTO; technology transfer in the region; and the protection of foreign investment.
ENVIRONMENTAL CRIME IN THE INDO-CHINA REGION
This session will address the various emerging mechanisms for dispute resolution arising out of climate issues, with a particular focus on Cambodia, Vietnam and Thailand.

Topics to be discussed include:
• The role of ASEAN in promoting transparency and criminal behaviour in national and transboundary infrastructure developments and protecting environmental rights defenders
• Reducing conflict through greater transparency and better dispute resolution and grievance mechanisms
• The dispute resolution provisions of Cambodia’s draft Environmental and Natural Resource Code

Moderator
Mr Matthew Baird | Asian Research Institute for Environmental Law (THAILAND)

Speakers
Dr Vicky Bowman | Myanmar Centre for Responsible Business (MYANMAR)
Ms Sao Kagna | Vishnu Law Group (CAMBODIA)
Mr Sam Long | Vishnu Law Group (CAMBODIA)
Professor Ben Boer | Wuhan University (CHINA)

INTERNATIONAL MOOT COMPETITION

Final Round

Monday, 5 November 2018
9:00 – 10:30 PLENARY SESSION: BUSINESS, HUMAN RIGHTS AND THE ENVIRONMENT IN SOUTH EAST ASIA
It has become apparent in recent years that global business activities can no longer be sustained without due regard to, and respect for, human rights and the environment.  In this context, there is a growing expectation upon lawyers to possess sufficient knowledge and skills to advise on the changing needs of business clients.

LAWASIA has sought to address emerging issues of business and human rights through its annual conference program, focusing on aspects unique to the Asia Pacific and to the role of regional legal profession.  High-level discussions on this topic occurred most recently at the annual LAWASIA conferences in Sydney (2015), Colombo (2016) and Tokyo (2017).

At this year’s plenary session, LAWASIA is proud to introduce its pilot project on business and human rights with the launch of a Lawyers’ Toolkit and Guidance Note on Business, Human Rights and the Environment.  The project aims to provide practical resources tailored to lawyers in the Asia Pacific.  Following an introduction by LAWASIA, the Toolkit and Guidance Note will be analysed by expert representatives from civil society and the private sector, before the discussion is opened to conference delegates.  The insights shared at this session will assist delegates in developing their understanding of legal issues relating to business and human rights, as well as the skills needed for effective legal practice in this area.

Moderators
Prof Yasushi Higashizawa | Meijigakuin University, Graduate School of Law (JAPAN)
Mr Matthew Baird | Asian Research Institute for Environmental Law (THAILAND)

Speakers
Mr Christopher Leong | President of LAWASIA (MALAYSIA)
Ms Gaythri Raman | LexisNexis Southeast Asia (MALAYSIA)
Dr Vicky Bowman | Myanmar Centre for Responsible Business (MYANMAR)
Mr Louis Bernard Buchman | President of French National Bar Council (FRANCE)
Mrs Gallianne Palayret | The Office of the United Nations High Commissioner for Human Rights (CAMBODIA)

10:30 – 12:00 Closing Ceremony
Including:
•  Moot Presentations
•  2019 conference announcement

Registrations for the 31st LAWASIA Conference are now open. Secure your place as a delegate today!

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