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
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
In 2026, US employment immigration has shifted from a predictable system to a high-cost, merit-based framework. Key changes include a $100,000 ‘entry fee’ for overseas H-1Bs, a wage-weighted lottery and intensified vetting. These barriers are transforming global mobility into a strategic capital expenditure. Consequently, multinational corporations are pivoting toward distributed models, moving roles to satellite hubs in Canada and Mexico to avoid prohibitive costs and administrative delays. This ‘pay-to-play’ environment is pricing out mid-sized firms, creating a specialised labour vacuum and redefining immigration as a boardroom-level geopolitical strategy.
Released on Mar 31, 2026
Turkey’s short term work authorisation, Cross Border Service Provider (CBSP), is an excellent expansion to cross-border mobility options. CBSP is a work permit exemption which needs no visa sponsorship. It allows foreign nationals to perform consultative work in Turkey – without the need for a work permit. CBSP allows activities including conducting business, market or scientific research, providing training on business techniques and other forms of consulting. A consultant or trainer sent by their employer or working as an independent consultant can use CBSP for up to 90 days, thus reducing significantly time and procedural burdens
Released on Mar 31, 2026
The proposed Digital Networks Act (DNA) represents a significant step in the evolution of the European electronic communications law, replacing the existing directive-based framework with a directly applicable regulation. By centralising competences in areas such as market entry authorisation, spectrum management and enforcement, the DNA recalibrates the balance of powers between the EU and national authorities, with far-reaching implications in terms of state autonomy and market integration.
Released on Mar 26, 2026
Over the past three years, the European debate on digital networks has been largely dominated by the discussion on the level playing field, namely how to balance relationships and interests between connectivity operators and large over-the-top (OTT) platforms within the digital ecosystem. In this contribution, I will try to show how, behind the apparent technical neutrality of the EU Digital Networks Act proposal, lies a redefinition of the regulatory vocabulary on interconnection, net neutrality and the role of over the top infrastructures, which may profoundly affect future relationships between telcos and OTTs even in the absence of a true ‘fair share’ regime.
Released on Mar 26, 2026
On 21 January 2026, the European Commission published the long-awaited proposal for a Digital Network Act (DNA). This article explores the prospects of the DNA’s implementation, the surrounding debates by EU Member States regarding its effectiveness and how much of a change it really is from the previous Directive.
Released on Mar 26, 2026
This article explores the carefully reasoned decision in Commission for Communications Regulation v Sky Ireland Ltd, on whether contracts described as being of ‘indeterminate duration’, but containing a fixed minimum commitment period, fall within the scope of an EU Directive. This judgement sets out important clarifications on regarding contract law not only in Ireland, but addresses a structural feature common across EU telecommunications markets and grapples with the balance between formal contractual characterisation and the functional reality of consumer lock-in.
Released on Mar 26, 2026
France is experiencing a sustained and increasing involvement of its national authorities in the regulation of cloud services and generative artificial intelligence (AI). Through the combined efforts of the Government, the French Competition Authority (Autorité de la concurrence) (FCA) and the telecoms regulator (ARCEP) – and in anticipation of recent European instruments (the Data Act, the Digital Markets Act and the Artificial Intelligence Act) – a hybrid framework is emerging. This model, which integrates competition law and sector-specific regulation, may serve as a blueprint for other jurisdictions.
Released on Mar 26, 2026
This article examines Article 323-3-2 of the French Criminal Code, which criminalises certain conduct by online platform providers. Recent amendments have increased penalties and extended the provision’s scope, prompting high-profile criminal investigations. This analysis explores potential legal challenges based on incompatibility with EU provisions and definitional uncertainties.
Released on Mar 26, 2026
This article examines Colombia’s Law 2489 of 2025 and its draft implementing decree, which establish a regulatory framework for the protection of children and adolescents in digital environments, and identifies key legal questions arising from their implementation.
Released on Mar 26, 2026
Brazil’s Federal Government has submitted Bill No 4,675/2025 to the Brazilian Congress, proposing to grant the Brazilian antitrust authority (CADE) ex ante regulatory powers over digital markets, including the designation of systemically relevant platforms and imposition of special obligations, aligning Brazil with the global trend toward platform regulation.
Released on Mar 26, 2026
This article examines India’s 2025 SIM-binding directions and explains how continuous SIM-linked identity verification aims to curb telecom-enabled cyber fraud, while also raising important technical, operational and privacy considerations.
Released on Mar 26, 2026
Released on Mar 25, 2026
Released on Mar 24, 2026
Released on Mar 24, 2026
Released on Mar 24, 2026
Released on Mar 24, 2026
Released on Mar 24, 2026
Released on Mar 24, 2026