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This course is part of an on-going programme devised by the IBA’s Public and Professional Interest Division to assist young lawyers and junior members of the profession with their understanding of the fundamentals of international legal practice.

The Fundamentals of International Legal Business Practice

0930 – 1745
Saturday 2 October 2010

Room 205–207, Level 2
Vancouver Convention & Exhibition Centre West
West 1055 Canada Place
Vancouver BC, V6C 0C3
Canada
A set of course materials will be made available to delegates. The course will be conducted in English.

Programme

Saturday 2 October


No fee is charged for the course and lunch will be offered to all participants

0930 - 0945
Welcome and introduction
Speaker
Fernando Peláez-Pier
Hoet Peláez Castillo & Duque, Caracas, Venezuela; IBA President


0945 - 1100
An introduction to international litigation issues
The law of judicial jurisdiction in Canada is in a state of ferment. The patchwork of rules developing across the country has prompted the adoption of legislation in some provinces and the granting of leave to appeal by the Supreme Court of Canada to consider the need for common standards. Meanwhile, differing perspectives on the issues at stake in important international matters have led the Supreme Court to consider solutions involving respectful disagreement with the jurisdictional determinations of the courts of other countries.
This session considers recent developments in Canada and the way they highlight the need to adapt the concept of comity to meet the challenges of an increasingly globalised economy.
Speaker
Janet Walker
Osgoode Hall Law School of York University, Toronto, Ontario, Canada

1100 - 1115
Tea/coffee break

1115 - 1230
An introduction to enforcement of foreign judgments
Rules concerning the enforcement of foreign judgments in Canada have changed radically over the last few years. This session focuses on how the rules have changed, how those changes dovetail with the laws of foreign jurisdictions and what additional changes are likely to come about in the next few years
Speaker
Markus Koehnen McMillan LLP, Toronto, Ontario, Canada; Co-Chair, IBA Litigation Committee

1230 - 1330
Lunch

1330 - 1445
An introduction to export control / sanctions
This presentation will deal with the legal instruments which govern and regulate the ability of World Trade Organization (WTO) and UN members to introduce and maintain controls on the exportation of goods to other countries. Topics covered will include:

  • The basic WTO rules
  • Exceptions to those rules
  • Implementation case study – Australia
  • International Traffic in Arms Regulations
  • WTO remedies and recent dispute settlement proceedings
  • International trade policy concerning such restrictions
  • Examples of domestic policies
  • UN sanctions and their implementation

Speaker
Daniel Moulis
Moulis Legal, Canberra, Australian Capital Territory, Australia; Chair, IBA Trade and Customs Law Committee


1445 - 1600
An introduction to the Foreign Corrupt Practices Act and related legislation in other countries
Over the past decade, the anti-corruption movement has gained significant momentum. When the US Foreign Corrupt Practices Act (‘FCPA’) was passed in 1977, the United States stood alone in prohibiting bribery of foreign public officials. Then, in 1997, over 30 additional countries joined the anti-corruption movement by signing the OECD’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Currently, 38 countries have signed the Convention, obligating them to pass legislation also prohibiting bribery of foreign public officials. The OECD’s Working Group on Bribery shepherds an active dialogue among these 38 countries.
At this session, James Parkinson, a partner at the Washington DC law firm of BuckleySandler LLP, and James Tillen, a partner at the Washington DC law firm of Miller & Chevalier Chtd, will describe the FCPA and parallel anti-corruption legal regimes, and offer some insights into this exciting and dynamic area of legal practice.
Speakers
James Parkinson
BuckleySandler LLP, Washington DC, USA
James Tillen
Miller & Chevalier Chartered, Washington DC, USA; Secretary, IBA Anti-Corruption Committee


1600 - 1615
Tea/coffee break


1615 - 1730
An introduction to international transactions
International transactions present us with many challenges, and more so in the mining industry, where more frequently than not it will involve assets located in a remote jurisdiction with a different legal system (ie, civil or Islamic law). This presentation will provide an overview of the key elements in an international mining transaction and guide the participants through the process of setting up and administering it, and most importantly, closing it.
Speaker
Emil Ruppert
Rubio Leguía Normand, Lima, Peru; Website Officer, IBA Mining Law Committee


MOBILE TELEPHONES
Delegates are requested to ensure that mobile telephones and any other portable devices are switched off during the working sessions

The International Bar Association

The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of 40,000 individual lawyers and more than 197 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community.

Legal Practice Division and thePublic and Professional Interest Division

Grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of business law around the globe. Additionally, the IBA’s high-quality publications and world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners and professional associates.

 

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