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Committee publications

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The rise of utility-scale energy storage technologies in Mexico

This article addresses Mexico’s strides in energy storage amid a lack of clear legislation. With a focus on renewable sources, it highlights the nation’s 31.2 per cent installed capacity for renewable electricity generation. Despite growth, challenges persist, including the absence of defined legal frameworks and regulatory bodies. Many businesses adopt energy storage, but hurdles such as transmission rates and market limitations hinder cost-effective deployment. The text emphasises the global urgency for regulatory clarity, highlighting Mexico’s role in lithium resources. It concludes by noting a 2019 Draft Legislation/Bill that has not yet been published, underlining the immediate need for comprehensive regulation to bolster sustainable energy practices in Mexico.

Released on Feb 19, 2024

The rise of utility-scale power storage technologies in Pakistan

Renewable energy is heavily reliant on environmental conditions, making energy storage technologies crucial in addressing this challenge. This article discusses the increasing use of utility-scale power storage technologies in Pakistan and the associated legislative framework.

Released on Feb 19, 2024

Insights into the legal environment for large-scale energy storage in Poland

Given the need to decarbonise the Polish economy while maintaining grid stability, energy storage is expected to become an essential element of the Polish energy sector in the next few years. The current legal framework already provides a basis for starting operations in Poland and participating in the rapidly growing market. Further legislative changes may be expected to facilitate the development of the market.

Released on Feb 19, 2024

The Portuguese legal framework on utility-scale energy storage technologies

This article briefly analyses the Portuguese regulatory framework for utility-scale energy storage technologies, in order to highlight the strategies that have been followed. A critical analysis is conducted, underlining the importance of energy storage for the future of climate neutrality.

Released on Feb 19, 2024

Switzerland: the rise of utility-scale energy storage technologies

Switzerland has been relying on pumped storage to release power on the grid when needed for decades, and laws have been tailored to support this technology. The trend is not expected to slow down. Nevertheless, Switzerland is certainly not turning a blind eye to more recent supplementary technologies, considering the shifts in power production. Public funds are being invested in a wide range of projects, and the industry (from major power producers to startups) is dedicating large teams to develop their own storage solutions. A wide range of new storage technologies are being developed, although it remains to be seen when they will become ripe for utility-scale application.

Released on Feb 19, 2024

Thailand’s emerging energy storage sector

There are currently few grid-scale energy storage projects in Thailand, although the situation is likely to change. In furtherance of its commitments under the Paris Agreement, the Thai government has enacted policies which envisage renewable energy accounting for the majority of grid capacity and output by 2040. With ongoing deployment of variable renewable energy technologies, such as solar and wind power, the opportunities for energy storage projects will increase. Long-term plans to liberalise the Thai power market will further accelerate deployment.

Released on Feb 19, 2024

Turkey: the rise of utility-scale energy storage technologies

There is a global shift towards renewable energy due to the depletion of fossil fuel reserves. Investments in solar and wind projects focused on grid stability are on the rise. Turkey, closely monitoring energy sector trends, has long supported renewable energy investments, resulting in increased installed capacity. This article highlights legal provisions promoting the expansion of renewable energy investments with storage systems, aligning with Turkey’s strategic goal of achieving net-zero emissions by 2053.

Released on Feb 19, 2024

A contract to enter into a future contract of franchising does not fall under the notion of ‘provision of services’ provided by Regulation Brussels I bis

With judgment of 14 September 2023 in EXTÉRIA sro v Spravime sro, the European Court of Justice (ECJ) decided on the interpretation of Article 7(1) of Regulation (EU) 1215/2012 (‘Regulation Brussels I bis’), in the context of a contract to enter into a future contract of franchising.

Released on Feb 14, 2024

Intersex rights emerging across Europe

This article highlights the challenges faced by the intersex community and discusses the increasing recognition of intersex rights across Europe. It focuses on recent legal developments in Greece and France, data inquiry pursued by the Polish ombudsman office, the soft measures adopted by the Council of Europe and the European Parliament and the recent judgments of the European Court of Human Rights. The conclusion emphasises the underrepresentation of intersex rights and calls for broader recognition in the international human rights community.

Released on Feb 8, 2024

Webinar report: EU Whistleblower Directive: status of its implementation and related issues

A session report for the Anti-Corruption webinar ‘EU Whistleblower Directive: status of its implementation and related issues.

Released on Feb 8, 2024

Media and telecommunications framework in Pakistan

Media and telecommunications in Pakistan are governed by specific Pakistani laws and regulations which set the standards, licencing procedures and data protection measures. This article examines the legal structure governing these areas, highlighting important rules and laws.

Released on Feb 6, 2024

From the Co-Chairs - Arbitration Committee bulletin February 2024

We are delighted to preface this new edition of the IBA Arbitration Committee newsletter, which comprises 17 contributions under the theme ‘procedural issues in arbitration’.

Released on Feb 5, 2024

From the Editors - Arbitration Committee bulletin February 2024

This edition of the Arbitration Committee’s newsletter brings a variety of articles on procedural aspects of the law and practice of arbitration by featuring outstanding contributions from authors across five continents. Considering their growing importance, we considered that the procedural aspects of arbitration were deserving of a dedicated issue.

Released on Feb 5, 2024

Global women litigators breakfast: does AI put women’s lives at risk?

Session summary from IBA Annual Conference 2023: In roundtable discussions, the 2023 IBA women litigators breakfast explored measures aimed at ensuring that: the use of AI systems does not lead to discrimination; how women litigators can be thought leaders in this field; and how legal tech can drive diversity, efficiency, and winning. The breakfast kicked off with an inspiring keynote address by Christiane Féral-Schuhl, former President of the French National Bar Council (2018-2020) and former Chair of the Paris Bar (2012-2013).

Released on Feb 4, 2024

The entry into force in France of a new tax credit for investment in green industry

A new tax credit for investment expenditure in the energy sector (wind turbines, batteries, solar panels and heat pumps) has come into force in France as part of the Finance Bill for 2024. Subject to a tax ruling being granted by the French Ministry of the Budget and strict legal conditions being met, the tax credit could amount to up to €350m per investment and per eligible company. Any excess not set off against the tax due will be immediately refundable by the Treasury, thus providing significant cash flow for beneficiary companies.

Released on Feb 2, 2024

Takeover Guide 2023

This latest edition of our guide on takeovers aims to present an overview of takeover rules in 20 countries, divided by jurisdiction. In some jurisdictions, there have been substantial changes in recent years as a result of the influence of prominent authorities, as well as regulatory action, in order to preserve a delicate balance between the interests of various stakeholders.

Released on Feb 2, 2024

Take privates: the art of acquiring a listed company

This session explored the latest trends and best practices for practitioners when it comes to acquiring a listed company under the capital market rules of various jurisdictions.

Released on Jan 31, 2024

Spin-offs, split-offs and other strategic restructuring transactions at listed companies

This session explored why and when spin-offs, split-offs and other strategic restructuring transactions are undertaken by public companies, what factors are considered in choosing the best way to execute these transactions, and how to avoid pitfalls and ensure their success, with a particular focus on the capital markets regulatory requirements imposed on public issuers.

Released on Jan 31, 2024

Masters of adaptation? How private equity navigates through turbulent times

During this session, experienced legal and business experts in the industry discussed the latest trends in private equity (PE)-driven M&A. They considered the challenges that deal makers face in today’s unpredictable markets. These challenges include limited partners expecting returns to be realised and new capital to be deployed while PE funds are struggling with limited and expensive sources of debt financing and gaps in expected valuations. The session discussed certain innovative deal and financing structures that have been invented to bridge these gaps and to ensure continued deal making.

Released on Jan 31, 2024

Listing venues for high growth companies – using the capital markets as an alternative funding tool

This session discussed the benefits of an Initial Public Listing and listing on a trading venue. Advantages can include: management retains ‘control’; it is more permanent than some other funding tools; it is advantageous for obtaining financing from banks; listed shares are a good ‘currency’ in M&A transactions where the shares can be offered in exchange; and/or employees can be incentivised by shares with a real ‘exit’ opportunity.

Released on Jan 31, 2024

The emerging legal and regulatory framework for digital assets (Part II)

This session explored the intricate legalities of digital assets. Key points of discussion included: the various types of digital assets and their implications in capital markets; the complex regulatory frameworks governing them; the innovative uses of blockchain in securities transactions; and real-world case studies of challenges and failures in the digital asset sector.

Released on Jan 31, 2024

Pro bono and ESG: what role do pro bono legal services have – or should have – in the S of ESG?

Lawyer Jacquelyn F. MacLennan shares reflections from a panel session at the 2023 IBA Annual Conference focused on pro bono and environmental and social governance (ESG).

Released on Jan 29, 2024

IBA Pro Bono Award, sponsored by LexisNexis.

Lawyer Ishrat Hasan was the recipient of the 2020 IBA LexisNexis Pro Bono Award and, in this article, shares some of the matters she has handled pro bono and reflects on the continued need for pro bono legal services in Bangladesh.

Released on Jan 29, 2024

Bringing closure to families in post-apartheid South Africa with the support of pro bono legal services

This article explores the continued need for justice in a post-apartheid South Africa and how pro bono legal services support re-opened inquests into the deaths of activists detained by the ‘Security Branch’, a division of the police under apartheid.

Released on Jan 29, 2024

Legal landscape for pro bono services in Pakistan

Pro bono legal services have been gradually gaining traction in Pakistan although there is ample room for growth and improvement to entirely realise the potential of pro bono work. This article explores the existing legal, regulatory and policy framework in Pakistan which fosters a conducive environment for pro bono legal services.

Released on Jan 29, 2024

International Bar Association Conference: Access to Justice and Legal Aid Committee Session 30 October 2023

A report on the Access to Justice and Legal Aid Committee session at the 2023 IBA Annual Conference in Paris.

Released on Jan 22, 2024

Cross-border M&A transactions in emerging economies: international legal harmonisation and the viability of an international corporate legal order

Thanks to globalisation, the assimilation of legal principles across jurisdictions is not uncommon. Assimilation is not a novel concept, as laws, being statutory responses to states’ socio-economic needs, cannot be perceived in isolation with international trends drifting towards globalisation. Assimilation comes with specific advantages for emerging economies, as their commercial legal systems are relatively nascent and, consequently, flexible enough to mould themselves towards garnering investments.

Released on Jan 17, 2024

Rule of Law Forum Panel, Turkiye 2023

A conference panel report of the Rule of Law Panel organised by the International Bar Association Rule of Law Forum and Bilkent Human Rights Center. The panel was held on 6 October 2023 in Ankara, Türkiye.

Released on Jan 16, 2024

The European automotive and mobility service industry: transformation and revolution – IBA Annual Conference Paris, 2 November 2023

On the afternoon of Thursday 2 November 2023, at the IBA Annual Conference in Paris, the European Regional Forum lead the organisation of the automotive session titled ‘The European automotive and mobility service industry: transformation and revolution’. Contrary to its title the panellists came from different areas of the world, including Europe, India, Mexico and South Korea. During the session, panellists discussed issues relating to data privacy, developments concerning autonomous vehicles, the future of electric vehicles and more.

Released on Jan 12, 2024

Partners as leaders: understanding how to lead the lawyers of tomorrow

On 4 October 2023 the European Regional Forum’s Young Lawyers Working Party held a webinar titled 'Partners as leaders: understanding how to lead the lawyers of tomorrow’. During the webinar, moderator Julia Hepner discussed with speakers Mark Longworth, Vanessa Byrne and Alexandra Martins, the subject of how young or current partners can unlock their own leadership skills to generate loyalty and create and develop strong and diverse teams and to retain talents. This article summarises the main takeaways.

Released on Jan 12, 2024