Committee publications
From the Editors: Litigation Committee newsletter – Autumn 2025
This edition takes our readers on a global tour of recent developments that have shaped the landscape of commercial dispute resolution over the past year. From landmark judgments to procedural innovations, our contributors share jurisdiction-specific insights that highlight the evolving challenges and opportunities facing litigators worldwide.
Released on Oct 29, 2025
Holding the fort: legal tools to protect unadministered estates
As the number of estate disputes rapidly increases, so will the number of applications to protect estates pending grants of letters of administration. This article sets out the judicial remedies that are available to persons interested in the estate before letters of administration are issued, including: (1) claims without a representative being appointed; and (2) representation of the estate without the need for a full grant.
Released on Oct 29, 2025
Class action trends in Australia
Australia’s class action regime remains one of the most accessible in the world, yet the recent spate of judgments favouring defendants underscores that success at trial is far from guaranteed. While filing rates remain strong and there are still many class actions which settle for significant amounts, the courts’ stringent approach to causation – and insistence on clear and compelling expert testimony – imposes a genuine discipline on both claim formulation and litigation strategy. This balance between broad access to justice and robust judicial analysis will continue to shape both the volume and character of class actions in the years ahead.
Released on Oct 29, 2025
From litigation to dialogue: the role of pre-institution mediation in a changing commercial dispute resolution scenario in India
This article examines the evolution of pre-institution mediation in India, highlighting its role in promoting timely, cost-effective and collaborative resolution of commercial disputes while addressing challenges such as definitional ambiguities, limited awareness and enforcement gaps. It proposes a structured framework to enhance effectiveness and align India’s mediation landscape with global best practices.
Released on Oct 29, 2025
No backdoor to court: Dubai Cassation Court blocks attempt to sidestep arbitration
Three business partners agreed at the outset to resolve any disputes about their newly incorporated company through arbitration rather than litigation – valuing arbitration for its speed, confidentiality and predictability. Yet when conflict arose, one partner sought to bypass that agreement by dragging the managing partner and the company into court, hoping to avoid arbitration. In a landmark decision (Cassation No 956/2025), the Dubai Court of Cassation reaffirmed that while courts generally hold broad jurisdiction vis-à-vis the restricted jurisdiction of arbitral tribunals, which mandates that disputes involving parties that are non-signatory to an arbitration agreement should be adjudicated before the courts, arbitral tribunals are restricted to signatories of arbitration agreements. However, this does not open the door for parties to circumvent arbitration by artificially including non-signatories who are not true parties to the dispute. The ruling strengthens the enforceability of arbitration clauses against tactical attempts to undermine them, offering welcome clarity for practitioners and businesses alike.
Released on Oct 29, 2025
The rise of AI class actions in Canada
Canada’s robust class action regime has made it a focal point for litigation involving artificial intelligence (AI), particularly in copyright and data privacy. With Quebec and British Columbia leading as class action hotspots, recent cases demonstrate how Canadian procedural norms and statutory frameworks are shaping global dispute resolution strategies.
Released on Oct 29, 2025
Shareholder rule abolished: implications for Cayman Islands merger appraisal proceedings and beyond
In a recent landmark judgment, the Privy Council has ruled that a long-established common law exception to legal advice privilege known as the ‘Shareholder Rule’ is abolished. The Shareholder Rule provided that a company could not withhold documents from its current or former shareholders in the course of litigation between those shareholders and the company on the ground of legal advice privilege. This article examines the implications of the Privy Council’s decision in the context of Cayman Islands merger appraisal proceedings, and more generally.
Released on Oct 29, 2025
Signed, sealed, enforced: The treaty that binds Italian and Brazilian judgments
The article analyses the 1989 Italy–Brazil treaty on judicial cooperation, focusing on the recognition and enforcement of commercial judgments. It outlines the historical background, the legal frameworks in both countries, and the procedural requirements for cross-border enforcement. A recent Italian Supreme Court case is analysed to illustrate how the treaty operates and especially how it is being used in resolving jurisdictional conflicts and balancing party autonomy with public policy limits. Thanks to the ruling of 2023 by the United Sections, it was finally possible to put an end to these divergences.
Released on Oct 29, 2025
ESG litigation and greenwashing in Germany – be green and act clean
The legal landscape for companies in Germany regarding environmental, social and governance (ESG) obligations is evolving rapidly. Recent German case law impressively demonstrates the increase in regulatory scrutiny and litigation risks associated with ESG compliance, for example when it comes to ‘greenwashing’. New EU directives and meaningful judgments by German courts are tightening requirements for sustainability claims and advertising, highlighting the need for transparency and substantiation of sustainability assertions in Germany.
Released on Oct 29, 2025
The ECJ’s SIL judgment: a new era for asymmetric jurisdiction clauses in European private international law
On 27 February 2025, the European Court of Justice (ECJ) issued a landmark ruling in the Società Italiana Lastre (SIL) case, clarifying the legal framework for jurisdiction clauses under Article 25 of the Brussels I bis Regulation. The judgment addresses the division of competence between European Union and national law, limiting national law’s role to general contractual defects such as consent and capacity. Crucially, the ECJ upheld the validity of asymmetric jurisdiction clauses, provided they meet specific criteria ensuring legal certainty and predictability. The decision offers vital guidance for legal practitioners drafting cross-border contracts, though questions remain regarding clauses involving third-country jurisdictions.
Released on Oct 29, 2025
The Saudi Civil Transactions Law: substantive contract rules and the reshaping of cross-border commercial litigation
This article examines the newly enacted Saudi Civil Transactions Law (Royal Decree M/191 of 2023), the first comprehensive codification of civil and contract principles in the Kingdom. It highlights how the law’s substantive rules on party autonomy, force majeure and hardship are reshaping cross-border commercial litigation strategies and risk allocation. By aligning with international standards while preserving Sharia foundations, the law marks a turning point for international investors and litigators engaging with Saudi disputes.
Released on Oct 29, 2025
Recognition and enforcement of foreign court judgments and arbitral awards in Turkey
Turkey provides a clear and reliable system for enforcing foreign arbitral awards and foreign court judgments. The features of the system align practice with international standards while seeking a balance between efficiency, fairness and legal certainty
Released on Oct 29, 2025
The Balasamy judgment: the fading principle of finality in arbitration?
On 30 April 2025, the Supreme Court of India delivered its ruling in Gayatri Balasamy v ISG Novasoft Technologies Ltd, clarifying whether courts may modify arbitral awards under section 34 of the Arbitration and Conciliation Act, 1996. The decision reflects an effort to balance efficiency and fairness with the principle of arbitral finality, while also addressing years of conflicting jurisprudence. This article outlines the reasoning of the majority and dissent, situates the judgment in a comparative international context, and considers its implications for arbitration practice in India.
Released on Oct 29, 2025
Enforcement of foreign judgments and arbitral awards in Ghana
In an era of increasing globalisation, cross-border disputes are becoming more prevalent. A solid understanding of how foreign judgments and arbitral awards are recognised and enforced is important. Ghana offers a structured framework, grounded in both reciprocity and statute. This article explores the intricacies and nuances of navigating the process, proving key guidelines for successful enforcement of foreign judgments and arbitral awards.
Released on Oct 29, 2025
Enforcement of foreign judicial and arbitration awards in Guatemala: judicial proceedings v arbitration
Guatemala’s framework for enforcing foreign judicial and arbitration awards has remained largely unchanged since the 20th century, emphasising reciprocity, public policy limits, and a strict bar on enforcing judgments issued in absentia or involving in rem actions. While foreign court judgments face significant enforcement barriers, Guatemala strongly supports arbitration (being a party to the New York and Inter-American Conventions and adopting the UNCITRAL Model Law), making arbitration a reliable option for resolving cross-border disputes.
Released on Oct 29, 2025
New challenges for international procedure: the internationalisation of ESG-related disputes governed by Brazilian law
This article explores the growing number of transnational ESG-related disputes governed by Brazilian law. It examines the Brazilian jurisdictional framework, the application of domestic law abroad to liability claims filed in foreign courts, and the challenges posed by concurrent jurisdiction.
Released on Oct 29, 2025
Arbitration-related litigation in Nigeria: recent judicial developments and their cross-border implications
In recent years, Nigeria has become one of the most closely watched jurisdictions for arbitration-related litigation. It is clear that the choices made by Nigerian courts in arbitration-related disputes do not only affect domestic commerce: they also have an effect across borders, as they impact how foreign investors, counterparties and arbitral institutions perceive the jurisdiction.
Released on Oct 29, 2025
Code, coins and courts: bank-level protection for crypto?
The proliferation of virtual currencies has exploded in recent years. The widespread adoption of cryptocurrencies can be attributed, inter alia, to the convenience they provide to carry out transactions in combination with their pseudo-anonymous nature. At the same time, the constrained traceability of cryptocurrency transfers significantly obfuscates means of effective oversight and supervision, thereby creating a heightened risk of illicit activities. Against this backdrop, the first ruling has now been handed down by the Austrian Supreme Court on the applicability of the Payment Service Act 2018 (ZaDiG 2018) and the E-Money Act 2010 (E-GeldG 2010) implicating transactions involving cryptocurrencies.
Released on Oct 29, 2025
Boardroom promises to courtroom realities: the rise of ESG litigation in India
‘Sustainability is no longer about doing less harm. It’s about doing more good.’ Jochen Zeitz’s observation captures the evolving expectations from corporations in the 21st century. Environmental, social and governance (ESG) factors are no longer incidental aspects of corporate social responsibility; they have become central to corporate accountability, investor confidence and regulatory oversight. In India, this shift is reinforced by the constitutional mandate for environmental protection, statutory duties under the Companies Act, 2013, and the Securities and Exchange Board of India’s (SEBI’s) pioneering Business Responsibility and Sustainability Reporting (BRSR) framework. Yet, as disclosures and promises multiply, so too do the risks of misrepresentation, non-compliance, and failure to address climate and social risks. This sets the stage for the emergence of ESG litigation cases inter alia, including challenging greenwashing, breach of directors’ duties, supply chain violations and climate inaction. The accompanying article examines the evolving contours of ESG litigation in India and argues that India must shift decisively from boardroom assurances to courtroom accountability in order to realise the transformative promise of ESG.
Released on Oct 29, 2025
Navigating joinder issues in US litigation: guidance for foreign counsel handling multi-party US disputes
This article addresses joinder issues in United States litigation for foreign counsel handling cross-border disputes. Using a scenario derived from an actual case handled by our firm, it analyses the joinder framework under the US Federal Rules of Civil Procedure (FRCP) and highlights procedural safeguards to prevent misuse of joinder mechanisms against foreign parties. It contrasts these rules briefly with international arbitration frameworks – such as those of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA) – to provide foreign litigation practitioners with contextual clarity. The article concludes with practical recommendations for foreign clients and litigation counsel navigating US court proceedings.
Released on Oct 29, 2025
Cost orders arising from anti-suit injunction proceedings are recognised for the first time by the Brazilian courts
The Brazilian Superior Court of Justice recognised, for the first time, foreign cost orders issued in an anti-suit injunction proceeding. The case involved two judgments from the High Court in London, which ordered Chubb to reimburse Mizuho and Fair Wind for legal costs incurred with the English proceedings. The decision sets an important precedent for the enforcement of foreign judgments in Brazil.
Released on Oct 29, 2025
Macdonald Hotels Ltd & Anor v Bank of Scotland plc [2025] EWHC 32 (Comm)
This case is an example of borrowers seeking to imply duties of good faith and rationality into banking contracts. It is one of a number of recent cases which have considered contractual discretion in the context of financial services.
Released on Oct 29, 2025
Digital strangers in litigation: does sharing with AI breach privilege?
As artificial intelligence (AI) transforms legal practice, it raises challenges for the preservation of litigation privilege and confidentiality. This article examines how using public AI tools may amount to waiver, contrasts this with the protections of private systems, and outlines practical measures for lawyers to maintain confidentiality and client trust.
Released on Oct 29, 2025
Digitalisation and AI: The borders of the revolution - the principles and the rules
Report from the IBA Annual Litigation Forum 2025: The future of litigation
Released on Oct 29, 2025
Digitalisation and AI: The borders of the revolution - the practice of law and litigation
Report from the IBA Annual Litigation Forum 2025: The future of litigation
Released on Oct 29, 2025
Practice and perspectives of the international commercial courts – the experience of the Singapore International Commercial Court
Report from the IBA Annual Litigation Forum 2025: the future of litigation
Released on Oct 29, 2025
Litigating in the age of social media – tips, tricks and traps
Report on a Young Litigators seminar held at the Singapore office of Allen & Gledhill
Released on Oct 29, 2025
Current issues in transnational litigation
Report on IBA Litigation Committee session held at the 2025 Annual Litigation Forum in Singapore
Released on Oct 29, 2025
A new Hague convention on jurisdiction and parallel claims: a gamechanger in international dispute resolution
Report on IBA Litigation Committee session at the 2024 IBA Annual Conference in Mexico City
Released on Oct 29, 2025
Shareholder disputes: mediate, litigate or a hybrid strategy?
Report on joint IBA Litigation Committee and IBA Mediation Committee session at the 2024 IBA Annual Conference in Mexico City
Released on Oct 29, 2025