Conference Program
Please note that the below is a preliminary conference program and subject to change. Information correct as at 29 October 2018.
8:30 – 17:00 | IBA Bar Issues Commission Conference “Globalising Your Practice: Opportunities and Challenges” Venue: Sofitel Angkor Phokeethra Golf & Spa Resort, Siem Reap, Cambodia 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. To view the draft programme, please click here. For more information and to register your interest, please email Feline van der Heyden. |
14:00 – 17:00 | International Seminar on 25 Years of Cambodian Peace Building: Rule of Law and Access to Justice Time: 14:00-17:00 followed by a reception. Venue: Sunway Hotel, Phnom Penh, Cambodia Presented by Paññāsāstra University of Cambodia, Faculty of Law and Public Affairs (PUC-FLPA) and The University of Tokyo’s Research Center for Sustainable Peace (UTRCSP). Click here to download the event program. For full details and to register for the seminar, please visit the registration site. Further inquiries may be directed via email to Prof Yasunobu SATO or Prof Phallack KONG. |
14:00 – 18:30 | LAWASIA Executive Committee Meeting ExCo Members only. |
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 Phokeethra Ballroom |
17:00 – 19:00 | Opening Ceremony Phokeethra Ballroom 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 from Samdech Akka Moha Sena Padei Techo Hun Sen, Prime Minister of the Kingdom of Cambodia, or his representative. |
19:00 – 21:00 | Welcome Reception Sofitel Angkor Poolside |
8:00 – 9:00 | Delegate registration continues Phokeethra Ballroom |
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Session 1 9:00 – 10:30 |
ALTERNATIVE DISPUTE RESOLUTION Phokeethra Ballroom 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 |
BELT & ROAD Naga & Rainbow Room Session attendance at full capacity. 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: Moderators Speakers |
BAR LEADERS’ FORUM Promoting Inclusivity, Equality, Moderation and Security Mouhot’s Dream 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 Speakers |
10:30 – 11:00 | Morning refreshments and networking Phokeethra Ballroom Foyer; Naga & Rainbow Room Foyer |
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Session 2 11:00 – 12:30 |
FOREIGN DIRECT INVESTMENT FDI in Developing Asia Phokeethra Ballroom 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. Moderator Speakers |
ENVIRONMENTAL LAW Environmental Dispute Resolution Naga & Rainbow Room Session attendance at full capacity. 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: Moderator Speakers |
SOUTH PACIFIC FORUM Foreign Activity in the South Pacific and its Implications for the Rule of Law Mouhot’s Dream 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.Moderator Dr Gordon Hughes AM | Chairman of the South Pacific Lawyers Association (AUSTRALIA) Speakers |
12:30 – 13:30 | Lunch and networking Phokeethra Ballroom & Citadel Restaurant, Sofitel Angkor |
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Session 3 13:30 – 15:00 |
HUMAN RIGHTS Disability Rights in the ESCAP Region Phokeethra Ballroom 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 fulfill 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 Speakers |
INTERNATIONAL TAX Tax Incentives as a Catalyst to Economic Development in Indochina: Targeting the Right Incentive Naga & Rainbow Room Session attendance at full capacity. 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 Speakers |
YOUNG LAWYERS’ FORUM How will the Structure of Law Firms Change in the New Era? Mouhot’s Dream Session attendance at full capacity. 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 Speakers |
15:00 – 15:30 | Afternoon refreshments and networking Phokeethra Ballroom Foyer; Naga & Rainbow Room Foyer |
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Session 4 15:30 – 17:00 |
CROSS-BORDER INSOLVENCY Phokeethra Ballroom 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: Moderator Speakers |
JUDICIAL SESSION Judicial Interaction in International Commercial Arbitration Naga & Rainbow Room 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. Moderator Speakers |
ANTI-TRUST Anti-Trust in Asia Mouhot’s Dream Session attendance at full capacity. 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. Moderator Speakers |
14:00 – 15:00 | Communications, Technology & Data Protection Subcommittee Meeting The Sanctuary |
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15:30 – 16:30 | Environmental Law Subcommittee Meeting The Sanctuary |
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17:00 – 18:00 | One Belt, One Road Subcommittee Meeting Phokeethra Ballroom |
Human Rights Section Meeting Mouhot’s Dream |
Employment Law Committee Meeting The Sanctuary |
19:00 – 21:00 | Gala Reception Venue: Malis Restaurant Attendance by pre-purchased tickets only. |
Session 5 9:00 – 10:30 |
BANKING & FINANCE Funding the Digital Economy - How Conventional Principles of Finance are Embracing and Serving the Digitalisation of Commerce and Trade in Developing Countries Phokeethra Ballroom The session aims to explore and discuss the role of financial technology in achieving financial inclusion for sectors of the community in developing countries. Moderator Speakers |
ENVIRONMENTAL LAW Impact of Climate Change on Human Rights Naga & Rainbow Room 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: Moderator Speakers |
LAND LAW How Real is my Estate? Mouhot’s Dream Session attendance at full capacity. 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. Moderator Speakers |
10:30 – 11:00 | Morning refreshments and networking Phokeethra Ballroom Foyer; Naga & Rainbow Room Foyer |
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Session 6 11:00 – 12:30 |
INTERNATIONAL FRANCHISING Hot Topics in International Franchising Phokeethra Ballroom 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: Moderator Speakers |
FAMILY LAW International Family Law: Understanding the Laws and Challenges Naga & Rainbow Room Session attendance at full capacity. 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: Moderator Speakers |
EUROPE ISSUES EU-ASEAN Trade Agreements Mouhot’s Dream 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: Moderator Speakers |
12:30 – 13:30 | Lunch and networking Phokeethra Ballroom & Citadel Restaurant, Sofitel Angkor |
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Session 7 13:30 – 15:00 |
CORPORATE GOVERNANCE Applying Best Corporate Governance Practices in the Developing World - Challenges in South-East Asia Phokeethra Ballroom Moderator Speakers |
COMMUNICATIONS, TECHNOLOGY & DATA PROTECTION Is there a Role for Data Protection Law in Developing Countries? Naga & Rainbow Room Session attendance at full capacity. 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. Moderator Speakers |
EMPLOYMENT LAW Artificial Intelligence and the Employment Law Implications Mouhot’s Dream 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 Speakers |
15:00 – 15:30 | Afternoon refreshments and networking Phokeethra Ballroom Foyer; Naga & Rainbow Room Foyer |
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Session 8 15:30 – 17:00 |
INTELLECTUAL PROPERTY Establishing and Enforcing Intellectual Property Rights in Indo-China and the Surrounding Region Phokeethra Ballroom 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. Topics to be discussed include: Moderators Speakers |
ENVIRONMENTAL / CRIMINAL LAW Environmental Crime in the Indo-China Region Naga & Rainbow Room 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: Moderator Speakers |
INTERNATIONAL MOOT COMPETITION Mouhot’s Dream Final Round |
15:30 – 16:30 | Constitutional & Rule of Law Committee Meeting The Sanctuary |
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17:00 – 18:00 | Business Law Section Meeting Phokeethra Ballroom |
Young Lawyers Committee Meeting Naga & Rainbow Room |
Family Law & Family Rights Section Meeting The Sanctuary |
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, culminating in the launch of a Lawyers’ Toolkit and Guidance Note on Business, Human Rights and the Environment in 2019. The project aims to provide practical resources tailored to lawyers in the Asia Pacific. Following an introduction by LAWASIA, expert representatives from civil society and the private sector will be asked to provide their insights and expertise on the draft Toolkit and Guidance Note, 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. Introductory Remarks Moderators Speakers |
10:30 – 12:00 | Closing Ceremony Including: • Moot Presentations • 2019 conference announcement |