Welcome to the Spring 2026 edition of the IBA Litigation Committee Newsletter, entitled: ‘The future of evidence: cross-border evidence gathering and discovery, AI-based evidence review, digital traces and procedural fairness’.
Released on Apr 14, 2026
The IBA Litigation Committee's EU Judicial Cooperation Subcommittee, established in 2025, aims to promote the resolution of cross-border disputes within the European Union. Our main focus is on facilitating the exchange of ideas on legal and practical issues that arise when litigating in an EU-wide context. The subcommittee thus covers a range of topics, including jurisdictional issues, service of documents, taking of evidence, and enforcement of judgments, to name but a few.
Released on Apr 14, 2026
Across the world, advances in technology have streamlined the collection and storage of evidence, having an effect on the legal process overall. With the rising complexity of these technologies, we see the deepening of the divide between those in South Africa who have true access to justice and those who have a stunted version. These advancements have resulted in procedures in law that previously did not exist, leaving those disadvantaged in a precarious situation of being unable to use these technologies or relying on an overburdened and under-resourced attorney. This article will examine how technological development may affect procedural fairness and offer recommendations to avoid unfairness.
Released on Apr 14, 2026
As generative AI improves, the risks associated with deepfake evidence increase. This article explores these risks and how they map onto existing and proposed evidentiary rules in Canada, ultimately concluding that – in a world where truth is increasingly less apparent – more may be needed to protect litigation’s truth-finding function.
Released on Apr 14, 2026
This article addresses the use of AI in the legal profession within the German legal system. The question of possible applications and the limits in the context of legal practice is discussed, using a case study as an example. The article then goes on to examine the consequences for the courts regarding the use of AI for evidence.
Released on Apr 14, 2026
This article deals with the growing reliance on digital evidence in contemporary litigation and the challenges surrounding its admissibility. It highlights the tension between the technical authenticity of electronic records and the legality of the methods used to obtain them. The article examines the need for courts to assess not only the reliability of digital evidence but also the fairness, privacy implications, and legitimacy of its collection.
Released on Apr 14, 2026
This paper assesses the evidentiary value of WhatsApp and SMS screenshots – and, by analogy, ordinary unsigned emails – in Italian civil litigation. Courts treat such communications as ‘mechanical reproductions’ under Article 2712 of the Italian Civil Code, giving them full probative effect unless their conformity is specifically disavowed. The paper summarises the impact of disavowal and the main routes to prove authenticity (verification proceedings, court-appointed forensic analysis, presumptions, and witness evidence), and briefly discusses their use to support applications for payment orders and, in stricter cases, provisionally enforceable injunctions.
Released on Apr 14, 2026
In contemporary disputes, evidentiary debates are increasingly shaped by information stored in digital environments. Data such as emails, messaging records, and information contained in internal corporate databases may become the subject of judicial proceedings through various means, including seizure by public authorities, access to systems by third parties, or leaks originating from within an organisation. What is often decisive for evidentiary purposes, however, is not what such records say, but how they were obtained. A piece of data may serve to prove a material fact if it has been obtained through a lawful process; yet where it is the product of an unlawful interference, it may lose its evidentiary character altogether. This article examines how the evidential status of digital data is assessed under Turkish law depending on the method by which such data was obtained.
Released on Apr 14, 2026
This article examines the evidentiary status of AI-generated material in disputes, primarily in litigation. The analysis is grounded in Indian law and contemporary judicial practice, with comparative references to other jurisdictions. It analyses key concerns around admissibility, reliability, and procedural fairness, particularly in light of the opacity, inconsistency, and potential fabrication inherent in AI outputs. While Indian courts have cautiously engaged with AI as a tool for preliminary research, they remain reluctant to treat it as substantive evidence. The article argues that any future acceptance of AI-generated evidence must be anchored in clear disclosure, verifiable methodology, and human oversight to preserve the integrity of judicial processes.
Released on Apr 14, 2026
A recent Southern District of New York receivership dispute illustrates how modern evidence—WhatsApp messages, email payment instructions, rent ledgers, and cross‑border property records—can be critical in post‑judgment enforcement. This article distills practical lessons on authentication, translation, chain of custody, and fairness when a non‑party’s property interests collide with receiver action across multiple jurisdictions.
Released on Apr 14, 2026
This article explores the mechanisms and limitations of cross-border discovery in Ukraine. The article examines the application of the Hague Evidence Convention, bilateral treaties, and domestic legislation, highlighting the advantages and challenges associated with each. It further compares cross-border discovery with discovery in international commercial arbitration and discusses alternative discovery methods to mitigate the hurdles of conventional discovery.
Released on Apr 14, 2026
Digital communications – including emails, messaging applications and other electronic records – increasingly shape the evidentiary landscape of civil disputes. In North Macedonia, civil procedure does not regulate individual forms of digital communication, yet the broad statutory concept of documentary evidence allows such material to be relied upon in court. The more complex questions arise not in admissibility but in evaluating authenticity, completeness and evidential weight. This article examines how local courts approach digital communications as evidence and highlights emerging practical and procedural challenges in modern civil litigation.
Released on Apr 14, 2026
Generative Artificial Intelligence (“GenAI”) poses potentially significant challenges to the processes of disclosure of documents and other evidence in common law adversarial litigation. Forgeries and other fraudulent documents are hardly new. But with the now widespread availability of high quality large language model, text-to-audio, text-to-image, and text-to-video tools, the barriers to a malicious actor creating a plausible, but inauthentic, document have never been lower. A party to litigation acting in bad faith might disclose or otherwise share such a document with opposing parties to either (a) rely on it at a hearing; or (b) sow doubt and confusion, even if not eventually relied upon at a hearing. In the face of these risks, it is incumbent on practitioners to ask whether the existing procedural guardrails against forged documents are fit for purpose. We identify potential scenarios for bad actors to use documents forged with the assistance of GenAI, the existing procedural guardrails in three common law jurisdictions and their limitations, and finally some possible responses to the challenge.
Released on Apr 14, 2026
Commercial disputes increasingly turn on digital evidence dispersed across servers, collaborative platforms, and secured devices. Cross-border data access raises significant procedural challenges, while synthetic or manipulated content introduces new authentication concerns. Drawing on recent scholarship and emerging best practices, this article proposes a framework − termed the 'portable integrity protocol' − for courts and arbitral tribunals navigating these uncharted waters.
Released on Apr 14, 2026
In an initial foray into what promises to be a busy and contentious area, two United States federal courts in different cases on the same day in February 2026 issued seemingly contradictory rulings on the novel issue of whether materials that litigants had generated themselves using publicly-available AI tools were protected from discovery.
Released on Apr 14, 2026
As global markets become increasingly interconnected, the rapid protection of assets across borders has moved to the forefront of international litigation. In Türkiye, the recognition and enforcement of foreign interim remedies remain a complex challenge due to the rigid "finality" requirement under the Private International Law (Law No. 5718). While direct enforcement is currently restricted by the Supreme Court’s settled jurisprudence, practitioners often utilize foreign orders as prima facie evidence to secure local relief. This article examines the current legal barriers in Turkish law, compares them with EU and US practices, and evaluates the strategic alternatives for foreign clients seeking legal assistance in Türkiye.
Released on Apr 14, 2026
Human interactions have undergone a paradigm shift — where traditional barriers of distance and time that once constrained human interaction have significantly diminished, and to the point where information, ideas, and instructions can traverse the world at the click of a button. This shift has significantly altered the evidentiary landscape of litigation, with disputes increasingly involving electronic records rather than traditional documentary evidence. This article examines Ghana’s statutory framework on electronic evidence, reviews emerging case law, and highlights practical challenges associated with digital records. It also considers comparative developments and explores how emerging technologies, including artificial intelligence and blockchain may influence evidentiary practices.
Released on Apr 14, 2026
What does it mean for Mexico's judiciary to begin self-regulating its interaction with algorithmic systems without a prior legal framework, without clear technical standards, and without robust methodological scrutiny?
Released on Apr 14, 2026
Recent cases in the Brazilian judiciary demonstrate that content generated by AI constitutes a present reality and may be misused, thereby calling into question the very notion of evidence as traditionally understood under Brazilian law. In light of this scenario, the discussion regarding the reliability of digital evidence produced by AI becomes paramount. The challenge is not limited to keeping pace with technological advancements but also entails addressing the risk of undermining evidentiary reliability. While legislative bodies try to regulate those issues, the Judiciary is required to develop mechanisms capable of verifying and auditing such evidence, while simultaneously safeguarding fundamental rights and ensuring the legal certainty of the proceedings.
Released on Apr 14, 2026
As the global focus on data privacy intensifies, the UAE has been strengthening its data protection laws over the past few years to ensure compliance with international standards and to safeguard the privacy rights of individuals. However, the UAE’s regulatory landscape is multifaceted, with federal laws and the financial free zones’ rules covering different areas of data protection. This article explores the questions that businesses must face in navigating this landscape and how knowing the right answers could put them ahead.
Released on Apr 9, 2026
Amid global economic uncertainty and slowing deal volumes in mature markets, Asia has emerged as a major destination for cross-border mergers and acquisitions, supported by strong economic growth, diversified manufacturing ecosystems, technological innovation and deepening capital markets. The region’s strategic position in global supply chains, coupled with expanding IPO opportunities, continues to make Asia both a major destination and source of global investment.
Released on Apr 9, 2026
Singapore is the second most popular arbitral seat in the world. This is in no small part thanks to the constant advancement that both the Singapore courts, and the Singapore International Arbitration Centre (SIAC) pursue, led by a government that gives strong support and recognition. This article offers a snapshot of useful Singapore arbitration case law over the past year, as well as the 7th edition of the SIAC’s rules (the ‘SIAC Rules 2025’).
Released on Apr 9, 2026
As remote work rapidly becomes a defining trend of the modern global economy, millions of professionals worldwide are engaging with clients and employers across borders. In Pakistan, thousands of skilled individuals – spanning software developers, digital marketers, designers, writers, and consultants – are building successful careers by serving clients in the US and Europe. However, despite this growth, serious legal uncertainties cloud the rights, obligations and protections related to remote work arrangements.
Released on Apr 9, 2026
In an era of geopolitical flux and economic reconfiguration, Asia stands as the epicentre of the next phase of global growth. Beyond sheer scale, Asia offers several advantages, including strong regulatory frameworks, regulators’ incentives, abundance of accessible workforce, policy level changes, boost in clean energy, excellent logistics and supply chains. This article will explore a few key factors triggering growth of cross-border M&As in Asia, and certain practical tips to be kept in mind by the investors while transacting in the region.
Released on Apr 9, 2026
This article explores the interaction between Part II of the Arbitration and Conciliation Act 1996 (the ‘Arbitration Act’) and the Insolvency and Bankruptcy Code 2016 (IBC), which has become a recurring conundrum in the Indian legal jurisprudence. It focuses on the recent of Kalyani Transco v Bhushan Power & Steel Ltd to better understand this increasingly frequent crossover.
Released on Apr 9, 2026
As Asia consolidates its position as the world’s most dynamic innovative region, licensing has evolved from a private contractual device into a form of regulatory infrastructure, governing access, competition and public-interest outcomes in technology and creative markets. This article examines how international intellectual property norms, domestic competition law and public-interest regulation are converging to shape the future of licensing in Asia.
Released on Apr 9, 2026
Over the coming three to five years, technology and IP licensing in Greater China and Asia will be reshaped by three structural forces: the securitisation of data and technology (particularly in Mainland China), the emergence of Asian forums as active venues for global SEP/FRAND and platform disputes, and the development of regional hubs and Web3 infrastructure that make IP rights increasingly ‘programmable’. This article explains why these developments matter for the future of licensing, how they interact and what they mean in practical terms for deal-making across the region.
Released on Apr 9, 2026
This article examines class actions in Australia alleging anti-competitive conduct in the ad tech sector. Drawing on the findings of the Australian Competition and Consumer Commission’s inquiries, the article analyses the claims under Australian competition law and considers the broader implications for proposed sector-specific digital services regulation.
Released on Apr 7, 2026
The latest H 1B cap registration cycle has unfolded amid unusually rapid and significant policy shifts driven by the Trump Administration’s restrictive immigration stance. Although the H 1B programme has long faced incremental regulatory tightening, recent developments mark a more profound transformation. Two measures in particular, the adoption of a far more aggressive prevailing wage structure and the introduction of a $100,000 fee via presidential proclamation have reshaped not only programme mechanics but also the pool of viable participants. Collectively, these changes signal a move away from a high volume, lottery based system toward a de facto merit and capital based selection model.
Released on Mar 31, 2026
mobility and investment-based residence within a diversified legal structure. Built progressively over decades, this multi-layered architecture is increasingly positioning Panama as a strategic platform for global mobility and regional business operations.
Released on Mar 31, 2026