The Cross-Border Investment Committee ("CBIC") is the largest and most active of all IPBA Committees with more than 500 members and more than a dozen active chairs and vice-chairs.

The CBIC provides a networking forum for lawyers engaged in cross-border investment to exchange ideas, information and experience in order to advance their knowledge of the laws, practices and procedures affecting cross-border investment activities in and beyond the Asia-Pacific region, as well as to develop closer professional links.

The CBIC focuses on foreign investment and corporate laws and policies that are fundamental to the development of international commerce and which affect foreign direct investment (FDI) transactions, mergers and acquisitions, joint ventures, and the raising of capital across the Asia-Pacific region.

The CBIC deals with issues of interest to legal practitioners who face new challenges as the scope of the businesses of their local clients becomes more international. In many instances, FDI frequently results in the creation of a dynamic, long-term lawyer-client relationship in the context of changing economic and legal circumstances. Professional advisors dealing with novel legal issues require accurate current legal knowledge with the experience and ability to foresee future challenges.

The CBIC's annual conference programs enjoy a high level of attendance by both in-house and corporate counsel and feature presentations by experienced counsel as well as experts from outside the legal profession. Such presentations facilitate a better understanding of the perspectives and expectation of in-house counsel, external counsel and the clients whom they advise.

The CBIC regularly cooperates with other IPBA committees in organizing sessions at the annual conferences and other programs and shares with thoe committees coverage of topics such as mergers and acquisitions, joint ventures and a range of issues that affect all types of businesses.

The CBIC leadership always welcomes the active participation of its members and proposals for topics in forthcoming annual converences or other events.

UPCOMING: AUCKLAND

April 6-9, 2017

The CBIC is planning various interesting sessions in line with the theme of the Conference, “Connectivity & Convergence”. Program proposals for the sessions will be posted soon.

OTHER RECENT ANNUAL CONFERENCES

Kuala Lumpur Conference April 13-16, 2016

For a synopsis and list of speakers, please click on the title of the session.

Private Investments in Public Infrastructure In Asia

14 April 2016, Thursday (90 minute-session) 2.00 pm to 3.30 pm
– Cross Border Investment Committee (Stand-alone session)

Minority Investments

14 April 2016, Thursday (90 minute-session) 2.00 pm to 3.30 pm
– Cross Border Investment Committee (Stand-alone session)

Transactions Between North-East Asia and the ASEAN Countries

14 April 2016, Thursday (90 minute-session) 4.00 pm to 5.30 pm
– Cross Border Investment Committee (Stand-alone session)

A Discussion of Current Issues in Islamic Finance

15 April 2016, Friday (90 minute-session) 8.30 am to 10.00 am
– Cross Border Investment Committee with the Banking, Finance and Securities Committee (joint session)

Control Over Outbound Investment

15 April 2016, Friday (90 minute-session) 10.30 am to 12.00 pm
– Cross Border Investment Committee (Stand-alone session)

Warranty & Indemnity Insurance in M&A Transactions

15 April 2016, Friday (90 minute-session) 10.30 am to 12.00 pm
– Cross Border Investment Committee (Stand-alone session)

Public Takeovers Regulation and Practice

15 April 2016, Friday (90 minute-session) 1.30 pm to 3.00 pm
– Cross Border Investment Committee with the Banking, Finance and Securities Committee (joint session)

Outside Directors and/or Independent Directors; Diversity in Corporate Governance

15 April 2016, Friday (90 minute-session) 1.30 pm to 3.00 pm
– Cross Border Investment Committee (Stand-alone session)

The Historic Iran Sanctions Deal – Reducing Risk for Asian Business

15 April 2016, Friday (90 minute-session) 1.30 pm to 3.00 pm
– Cross Border Investment Committee with the International Trade Committee (joint session)

Investments and Investment Arbitration

15 April 2016, Friday (90 minute-session) 3.30 pm to 5.00 pm
– Cross Border Investment Committee (Stand-alone session)

Labour Law Issues in M&A Transactions

15 April 2016, Friday (90 minute-session) 3.30 pm to 5.00 pm
– Cross Border Investment Committee with the Employment & Immigration Law Committee (joint session)

Art of Negotiations

16 April 2016, Saturday (90 minute-session) 8.30 am to 10.00 am
– Cross Border Investment Committee (Stand-alone session)

Hong Kong Conference May 6~9, 2015

Click on the title of the session to see full details.

CBIC Series A: The Future Cross Border Corporate Landscape

China’s Hong Kong Gate: A Vision for the Future of Hong Kong
      (CBIC Series A: The Future Cross Border Corporate Landscape)
      May 7, 2015, Thursday (180 minute session) 14:00 to 15:30/(30 min. break)/ 16:00 to 17:30
      – Cross Border Investment Committee (Stand-alone session)

Bilateral Investment Treaties and Investor Protection
     (CBIC Series A: The Future Cross Border Corporate Landscape)
      May 8, 2015, Friday (180 minute session) 08:30 to 10:00/(30 min. break)/10:30 to 12:00
      – Cross Border Investment Committee with the International Trade Committee (joint session)

Corporate Law Reform – User-Friendliness & Corporate Governance
      (CBIC Series A: The Future Cross Border Corporate Landscape)
      May 8, 2015, Friday (180 minute session) 13:30 to 15:00/(30 min. break)/ 15:30 to 17:00
      *Note: the Annual Cross Border Investment Committee Meeting follows right after this session in the same session room.
      – Cross Border Investment Committee (Stand-alone session)

State-owned Enterprises: Its Unique Features & Unique Challenges
      (CBIC Series A: The Future Cross Border Corporate Landscape)
      May 9, 2015, Saturday (90 minute session) 8:30 - 10:00 (30 minute break follows, then followed by AGM)
      – Cross Border Investment Committee (Stand-alone session)

CBIC Series B: The Future of M&A
(All sessions under CBIC Series B will be held in Theater 2 of the HK Convention & Exhibition Centre)

Enhancing Deal Certainty in Cross-border Investments
      (CBIC Series B: The Future of M&A)
      May 7, 2015, Thursday (90 minute session) 14:00 to 15:30/(followed by 30 min. break)
      – Cross Border Investment Committee in cooperation with by the ABA’s M&A Committee (planned joint session)

M&A Auctions
      (CBIC Series B: The Future of M&A)
      May 7, 2015, Thursday (90 minute session) 16:00 to 17:30
      – Cross Border Investment Committee in cooperation with by the ABA’s M&A Committee (joint session)

Analyzing China’s Global Ambitions
      (CBIC Series B: The Future of M&A)
      May 8, 2015, Friday (180 minute session) 08:30 to 10:00/(30 min. break)/10:30 to 12:00
     – Cross Border Investment Committee (Stand-alone session)

Anti-corruption Due Diligence and Solutions in M&A Transactions
      (CBIC Series B: The Future of M&A)
     May 8, 2015, Friday (90 minute session) 13:30 to 15:00 (followed by a 30 min, break)
      – Cross Border Investment Committee with the Ad Hoc Committee on Anti-Corruption and the Rule of Law (Joint Session)

Deal Litigation: Trends and Tactics
      (CBIC Series B: The Future of M&A)
      May 8, 2015, Friday (90 minute session) 15:30 to 17:00
      – Cross Border Investment Committee in cooperation with the ABA’s M&A Committee’s “Deal Litigation Task Force” (joint session)
 

IPBA 2014 Vancouver, Canada

For a list of speakers, please click on the title of the session. For speaker bios, please go to the Vancouver Conference web site: http://www.ipba2014.com/ipbacommitteepresentations

Session Title: The Asian-Canadian-Latin American Investment Triangle
Date: May 9, 2014
Time: 13:30 to 15:00/(30 min. break)/ 15:30 to 17:00
Duration: 180 minutes
Synopsis: With the Canadian perspective as an anchor, the session will investigate complex cross border issues and political risks arising from in-bound and outbound investments cutting across Canada, Asia and Latin America.  The panelists will discuss controversial foreign acquisitions vexed by national interest advocacies and current developments that may restrict or qualify foreign investment such as foreign equity restrictions, exchange controls, socio-political instability, or expropriation.  The discussion will be productive in focusing on deal planning, negotiation and implementation points, and the use of identification, mitigation, and management tools in addressing multi-country macro risks, cultural differences and the requirements of data protection and the protection of intellectual property rights of an investor.  The session will feature, among others, the two way investment traffic between Canada and China with a comparative view of Southeast Asian and Latin American jurisdictions to be discussed by a panel of Canadian corporate counsels and practicing lawyers from Canada, Asia and Latin America.
 

Committee: Cross-Border Investment Committee

Session Title: P3/PFI/PPP and Public Infrastructure
Date : May 10, 2014
Time : 08:30 to 10:00/(30 min. break)/10:30 to 12:00
Duration: 180 minutes
Synopsis: The use of the P3 model for delivery of major public infrastructure is increasing across the globe. It has been used for transit systems, water and waste water treatment facilities, highways, roads, bridges and other major civil infrastructure projects. The P3 approach has also been used for many projects in the social sector, including hospitals, long term care facilities, schools and social housing. From a legal practice perspective, this integrated and long-term delivery model brings together many key practice areas, including procurement, construction, project finance, public and commercial law (among others). This session will survey the use of, and challenges to, the P3 model in various jurisdictions. The session will also address foreign investments in government infrastructure projects. The panelists of this session will tackle complex project finance issues; the role of public private partnerships and private finance initiatives and the corruption that can plague some of these projects
 

Committees: Cross-Border Investment Committee in cooperation with the International Construction Projects Committee; & Banking Finance and Securities Committee

Session Title: White Collar Crime & Other Regulatory Offences in Cross Border Investments — The Sustainability of Compliance
Date: May 10, 2014
Time: 13:30 to 15:00/(45 minute break follows)/15:45 to 17:15
Duration: 180 minutes
Synopsis: The session will explore white collar crimes and other violations in cross-border investments that plague compliance management. The session will tackle manipulation of stock price, insider dealings, investment fraud, export control violations, money laundering, corrupt practices and other regulatory offences. A number of large international corporations have started developing international regulatory roadmaps as an integral part of their compliance systems to take these risks into consideration. The question is asked: Are the legal and compliance functions effective guardians of a company's reputation?
Special Feature: The ad hoc Anti-Corruption and Rule of Law Committee will be launched during this session with keynote addresses delivered by our President Dr. Young-Moo Shin and our Past President Gerold W. Libby.  The officers of the ad hoc Committee will also be introduced.
Session Structure: The session will have two sub-sessions. The first sub-session will focus on the perspectives of multi-nationals and the second sub-session after the coffee break will focus on the Asian perspective.
 

Committees:  Cross-Border Investment Committee in cooperation with the Ad Hoc Anti-Corruption and Rule of Law Committee

Session Title: Trade Due Diligence in Corporate Acquisitions
Date: May 10, 2014
Time: 15:45 to 17:15
Duration: 90 minutes
Synopsis: This session will give due consideration to international regulatory compliance in cross-border transactions, including some subset of export controls, sanctions, AML, anti-boycott, and anti-corruption.
 

Committees:  Cross-Border Investment Committee in cooperation with the International Trade Committee

Session Title: Cross-Border Investment in Real Estate through REITs & Other Fund Management Operations
Date:  May 11, 2014
Time: 8:30 - 10:00
Duration: 90 minutes (30 minute break follows, then followed by AGM)
Synopsis: The panelists will delve into real estate investment trusts in relation to fund structures, including real estate private equity and hedge funds and explore sustainable tax planning opportunities.  There will also be a discussion on jurisdiction specific cross border issues such as currency controls, restrictions on foreign investments and other regulatory concerns.
 

Committees:  Cross-Border Investment Committee in cooperation with the Tax Law Committee

3-PART M&A SERIES WITH THE M&A Committee of ABA’s Business Law Section
Session Title:  Hostile Take-Over Bids – A Comparative Snapshot
Date: May 10, 2014
Time: 13:30 to 15:00 (45 minute break follows)
Duration: 90 minutes
Synopsis: This session will make a comparison of hostile offers and relevant defenses across regions against the backdrop of regulatory framework and practices in various jurisdictions.  The panelists will examine recent developments in takeover strategies by aggressive suitors, the resistance put up by unwilling elements of a Target and the role played by regulatory bodies.
 

Committees:  Cross-Border Investment Committee in cooperation with the ABA

Session Title: Protecting Value in M&A Transactions
Date:  May 10, 2014
Time: 15:45 to 17:15
Duration: 90 minutes
Synopsis: The panelists in this session will meet head-on the challenges of dealing with and protecting against variations in target valuation, after completion of M&A and private equity transactions.  The audience will be treated to a buffet of short term/immediate price adjustments, extrinsic and intrinsic earn out, ratchet and reallocation techniques, tracking clauses and other methods of dealing with subsequent changes in value; and creative post closing adjustment mechanisms. While the session will not get into the actual financial valuation techniques, it will not shy away from critical negotiating points and will put into perspective the rationale behind the various options available to the parties to correct or adjust the assessed or anticipated valuation of a Target.
 

Committees:  Cross-Border Investment Committee in cooperation with the ABA

Session Title:   Joint Venture Critical Issues: Governance, Competition, and Exit
Date: May 11, 2014
Time:  8:30 - 10:00
Duration:  90 minutes (30 minute break follows, then followed by AGM)
Synopsis: Structuring, negotiating, and executing a successful joint venture is no easy feat. When layered with the complexity of disparate laws, customs, and cultures, cross-border joint ventures raise the “degree of difficulty” to Olympic levels. This panel will focus on some of the most critical and complex issues that arise in virtually all JVs: governance, competition, and exits. Understanding the twists and turns of these legal and practical nuances could make the difference between your next JV being a Gold Medalist or a lonely economy class trip home in the middle seat next to the lavatory.
 

Committees:   Cross-Border Investment Committee in cooperation with the ABA

Past Annual Conferences

Seoul 2013

New Delhi 2012

IPBA-CIBC Annual Conference  2011~2006