Section of International Law: ILEX - Australia & New Zealand, February 7-12, 2010

Section of International Law:
ILEX - Australia & New Zealand, February 7-12, 2010

Cross-Border Collaboration, Convergence & Conflict

In conjunction with the February 2010 International Legal Exchange (ILEX) Briefing Trip to Australia and New Zealand, the Section is organizing a one-day conference on February 9, 2010 and moot court demonstration on February 10, 2010. The theme of the ILEX conference is Australian and U.S. perspectives on "Cross-Border Collaboration, Convergence and Conflict: The Internationalization of Domestic Law and Its Consequences." Confirmed speakers include The Honorable Antonin Scalia, U.S. Associate Supreme Court Justice; Sir Anthony Mason AC KBE AC, Former Chief Justice of the High Court of Australia; The Honorable Murray Gleeson AC QC, Former Chief Justice of the High Court of Australia; The Honorable Michael Kirby AC CMG, Former Justice of the High Court of Australia; The Honorable Jeffrey Bleich, U.S. Ambassador to Australia; Graeme Samuel, AO, Chairman of the Australian Competition and Consumer Commission; Tony D'Aloisio, Chairman of the Australian Securities and Investment Commission; and other leaders of the legal profession in Australian and the U.S. Please see the conference program at right for the most current information.

Day one of the conference on February 9 will be held in the Banco Court of the Supreme Court of New South Wales in Sydney, Australia. The moot court demonstration will be held at the University of Sydney Law School on February 10.

The conference is being organized in conjunction with the Law Council of Australia, Law Society of New South Wales and New South Wales Bar Association.

February 9, 2010 Program

Banco Court, 184 Phillip Street, Sydney

Supreme Court of New South Wales

8:30-8:45 am Welcome and Opening Remarks

The Honorable James Spigelman, AC, Chief Justice of the Supreme Court of New South Wales; and Sir Anthony Mason AC KBE QC, Former Chief Justice of the High Court of Australia

8:45-10:15 am National Courts, Constitutional Issues and Human Rights: Is International Experience Relevant?

Speakers: The Honorable Michael D. Kirby AC CMG, Former Justice of the High Court of Australia; and The Honorable Antonin G. Scalia, Associate Justice, U.S. Supreme Court

Moderator: The Honorable Murray Gleeson AC QC, Former Chief Justice of the High Court of Australia

10:45-12:00 pm Internationalization of Commercial Law and Enforcement: The Impact of Transnational Norms and Practices in the Development of Domestic Private and Commercial Law

Speakers: The Honorable Paul D. Finn, Justice of the Federal Court of Australia; Michael C. Pryles, Singapore International Arbitration Commission; The Honorable Ronald A. Cass, Cass & Associates; and Kate Mills, Mallesons Stephen Jaques

Commentator: William R. Black, BAE Systems

Moderator: The Honorable James L.B. Allsop, President of the Court of Appeal, Supreme Court of New South Wales

Program Chair: The Honorable James Spigelman AC, Chief Justice of the Supreme Court of New South Wales

12:15-1:45 pm Luncheon with Ambassador Jeffrey Bleich, U.S. Ambassador to Australia

2:15-3:30 pm Go Directly to Jail: Lessons Learned and Legal Minefields for Business Arising from the Criminalization of Commercial Conduct Internationally

Speakers: The Honorable Mark S. Weinberg, Justice of the Court of Appeal, Supreme Court of Victoria; Graeme Samuel AO, Chairman, Australian Competition and Consumer Commission; and Jim Walden, Gibson, Dunn & Crutcher LLP

Commentators: Brett Johnson, General Counsel, Qantas; Karen Perret, General Counsel Australia & New Zealand, Cadbury; Alexandra Wrage, President, TRACE International

Moderator: Fiona Schaeffer, Weil Gotshal & Manges LLP

Program Chairs: Fiona Schaeffer, Weil Gotshal & Manges LLP; Robert Yezerski, Weil Gotshal & Manges LLP

2:15-3:30 pm Hot Property: Emerging Forms of Property in a Global Context

Speakers: The Honorable Robert Hill, Australia Carbon Trust; Roger Martella, Sidley Austin LLP; Martjin Wilder, Baker & McKenzie, LLP; and Roger Wilkins, Secretary, Australian Government Attorney General's Department

Moderator: Salli A. Swartz, Phillips Giraud Naud & Swartz

Program Chair: Erik Wulff, DLA Piper US LLP

4:00-5:15 pm Fallout: The Global Financial Crisis and its Legal Consequences

Speakers: Tony D'Aloisio, Chairman, Australian Securities and Investment Commission; Jeffrey Golden, Allen & Overy LLP; John O'Sullivan, Chairman, Australian Investment Banking, Credit Suisse; and Linda Thomsen Former Director, Enforcement Division of the U.S. Securities and Exchange Commission, Davis Polk & Wardwell LLP (invited)

Moderator: Guy Alexander, Allens Arthur Robinson

Program Chair: Zeke Solomon, Allens Arthur Robinson

5:15-5:30 pm Closing Remarks

5:30-7:00 pm Reception

February 10, 2010: The Art of Persuading Judges

This event, held in conjunction with the New South Wales Young Lawyers and hosted by the University of Sydney Law School, will offer a once-in-a-lifetime opportunity to witness top advocates from Australia and the U.S. display their skills before some of the most distinguished jurists of the same two countries. The participants will act out a hypothetical cross-border dispute with parallel proceedings in the U.S. and Australia. This promises to be a highly entertaining lesson on the art of persuading judges. A reception will follow from 5-6:30pm.

The list of "players" -

Acting as the U.S. judge:
The Honorable Antonin Scalia, Associate Justice of the U.S. Supreme Court

Acting as the Australian appellate bench:
The Honorable Ronald Sackville, Former Justice of the Federal Court of Australia
The Honorable Margaret Ackary Stone, Justice of the Federal Court of Australia
Professor Gillian Triggs, Dean of the Sydney Law School, University of Sydney

Acting as U.S. counsel:
Robert Brodegaard, Thompson & Knight LLP
Barton Legum, Salans

Acting as Australian counsel:
Dr. Andrew Bell, SC, Wentworth Chambers
Justin Gleeson, SC, Banco Chambers

Program Chairs:
The Honorable James L.B. Allsop, President of the Court of Appeal of the Supreme Court of New South Wales
The Honorable Andrew Rogers, QC, Endispute Pty Ltd.