Our hot topics roundtables are designed to be interactive. We will host a series of tables where we discuss ‘late breaking’ topics in the areas of international sales, trade, franchising and product law and the topics are selected to be of current interest and likely to stimulate discussion and debate.

Moderators at each table will introduce and briefly discuss the table topic and then participants will weigh in with their views. You will have the opportunity to discuss three topics.

We have scheduled turnover times when the participants change tables to move to the next topic of their choice. By participating in the table discussions, you gain a greater insight into these areas and the other participants and table moderators benefit from your comments.

In a final wrap-up afterwards for all participants, the moderators will share the highlights of their tables.

The session will provide you with a great opportunity to meet many other lawyers and discuss topics of mutual interest with them.

Many times in our sessions, participants meet lawyers from other countries who they keep in touch with for years to come. Every year our table moderators comment that they ‘learnt as much or more’ from the table as the participants themselves.

 

TOPICS OF DISCUSSION

1 - A final straw: the good, the bad and the ugly contractual clauses in times of crises, disruption and change of law

Moderators:
Cristina Martinetti, 
Laura Opilio,
Martin Abadi
    
International trade faces many challenges, among them the sudden changes in the global market due to new crises, sanctions, conditions. 

The supply chain and the performance of the contracts are affected by new laws introducing mandatory provisions, for example the so called “No re-export to clause”; and alike. Drafting and interpreting such clauses are key factors for lawyers and arbitrators worldwide.

 

2 - Rowing upstream: practical Strategies for supply chain due diligence 

Moderators:
Dietmar Huemar, 
Marcio Sperling
Sabrina A. Bandali
Isibor Aigbe Oaikhinan

Supply chain due diligence has become mandatory in many jurisdictions around the world. The challenges for enterprises in going upstream are many. We will discuss first experiences, legal implications, and evaluate best practices.

 

3 - The Mexican connection: friendshoring and nearshoring, practical implications 

Moderators:
Javier Canosa, 
Ricardo Giorgio Cajola, 
Dalton James Albrecht

Discussion regarding practical implications/strategies/impact on trade flows, with an emphasis on Mexico of:

Nearshoring - shorten supply chains / stay at home, or at least close to it, find suppliers that are closer to your points of operation and utilise transport means less likely to be subject to ‘disruptions’: use Failure Mode and Effects Analysis (FMEA). A deglobalisation trend

Friendshoring - move towards more bilateral/regional type arrangements – especially in the direction of countries that are/may be more politically in line with a certain countries’ political priorities - it is Politicizing Trade by seeking trade partners with aligned geopolitical views e.g. NAFTA, BRICS or China “silk road”.

 

4 - Puzzling partnerships: Southeast Asia's overlapping trade treaties in practice.

Moderators:
Khong Aik Gan, 
Jose III Cochingyan
Horacio A Lopez-Portillo

Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Regional Comprehensive Economic Partnership (RCEP) significantly influence cross-border trade in Southeast Asia. 

CPTPP, formerly known as the Trans-Pacific Partnership (TPP), involves 11 countries, including Mexico, several Southeast Asian nations, Australia, Canada, Chile, New Zealand and Peru.

Conversely, the RCEP comprises 15 countries, including all 10 member states of the Association of Southeast Asian Nations (ASEAN), as well as major economies like China, Japan, South Korea, Thailand, Australia, and New Zealand. 

While these agreements promise enhanced market access, streamlined trade processes, and the alignment of regulatory frameworks, they also present legal challenges such as the need for domestic regulatory adjustments, potential impacts on local industries, and heightened competition from foreign entities. 

Understanding the legal ramifications of CPTPP and RCEP on cross-border trade in Southeast Asia is therefore necessary for all industry players.
Subtopics:
(a)    Rules of origin in the cross-border trade of goods 
(b)    Cross-border trade in services in CPTPP & RCEP
(c)    E-commerce provisions in CPTPP & RCEP
(d)    Intellectual properties rights protection in CPTPP & RCEP
(e)    Investment rules in CPTPP & RCEP

 

5 - Trade policies and trends in the electric vehicle (EV) supply chain

Moderators:
Charles Zhan,
Carol Monteiro de Carvalho

Examine the evolving trade regulations and policies affecting the electric vehicle industry, including incentives, trade barriers, and international standards. 

This session will address the challenges and opportunities for global trade in the rapidly growing EV market.

 

6 - Free zones and regional value chains: modernising economic hubs for nearshoring 

Moderators: 
Emilio Arteaga, 
Martin Gustavo Ibarra Pardo

Discuss the role of free zones and special economic zones in enhancing regional value chains and nearshoring initiatives, and consider the need for modernising the Kyoto Convention's Annex D2 on free zones.

 

7 - Impact of AI on franchising, distribution and dealership networks

Moderators:
Dominic Hui, 
Alan R. Greenfield

Several franchise companies, manufacturers and dealers have been investing in AI technologies (generative AI in particular) for assistance with daily business functions, such as marketing automation, customer service, product development and training. 

This round table will discuss the potential uses of AI, the legal implications and laws impacting the use of AI, and considerations for successful use of AI.

 

8 - Terminating your franchisee, distributor or dealer 

Moderators:
Stephanie Zosak, 
Luciana Bassani

Discuss the consequences of terminating these types of commercial contracts, identifying similarities and differences in terms of indemnification in each jurisdiction, especially in relation to termination without cause.

 

9 - Supply chain issues and dealing with conflicts in franchise, distribution and dealership systems

Moderators:
Martine de Koning, 
Chris Effio

This roundtable will discuss the importance of supply chain integrity and the impact of expanding your supply chain internationally. The topic will also discuss dealing with supply chain conflicts and discussing the impact on supply chains in different industries.

 

10 - Navigating the legal landscape of influencer marketing 

Moderators:
Joanna Fulton, 
Martha Harrison

Influencer marketing has become a powerful tool for brands, but it also raises significant legal and ethical challenges. 

This round table will explore the regulatory requirements and best practices for influencer marketing, focusing on transparency, disclosure, and authenticity. 

Key arguments will include:
• Disclosure requirements: discussing the legal obligations for influencers to disclose paid partnerships and the consequences of non-compliance.
• Authenticity and consumer trust: examining how brands and influencers can maintain authenticity while adhering to advertising regulations.
• Global regulatory variations: highlighting differences in influencer marketing regulations across various jurisdictions and how companies can navigate these complexities.
• Impact of misleading endorsements: addressing the potential legal and reputational risks associated with misleading or false endorsements and how to mitigate these risks.

 

11 - Navigating the complexities of cross-border E-commerce and product liability

Moderators:
Daniele Ferretti, 
Martin Kruger

The rise of cross-border e-commerce has brought significant challenges to product liability law. 

This round table will focus on the legal intricacies and compliance requirements for products sold internationally. 

Key arguments will include:
• Jurisdictional challenges: discussing how to determine which country's laws apply in cases of product liability and the impact of conflicting legal standards.
• Compliance with international standards: exploring strategies for ensuring that products meet the diverse regulatory requirements of different markets, including safety standards and labeling.
• Consumer protection: examining the protections available to consumers in cross-border transactions and the responsibilities of sellers to ensure product safety and quality.
• Dispute resolution mechanisms: analysing the available mechanisms for resolving product liability disputes in the context of international e-commerce, including arbitration and litigation.