Committee publications
Recent developments in Italy – real estate securitisation companies: foreign investors perspective
Among the most interesting recent trends in the Italian real estate market is the real estate securitisation company as a new vehicle for real estate investments. This SPV is increasingly utilised and of interest to various types of foreign investors (from institutional to family offices).
Released on Nov 5, 2025
Cancellation of obtaining Sanad certificates for non-agricultural use of land for renewable energy projects: a targeted policy revolution
Maharashtra’s government circular dated 7 August 2025, eliminates Sanad certificate requirements and non-agricultural taxes for solar and wind energy projects under three specific state schemes, streamlining land conversion processes that previously delayed renewable energy development by six to 12 months. This targeted regulatory reform creates the most comprehensive land-related exemptions for clean energy projects implemented by any Indian state, potentially accelerating Maharashtra’s ambitious renewable energy targets while establishing a precedent for similar policy innovations nationwide.
Released on Nov 5, 2025
Climate change risk in property transactions – what solicitors need to know
The Law Society of England and Wales has issued new guidance on advising clients about climate change risks in property transactions. This article summarises the main points, including the seven-step framework, liability considerations and practical advice for solicitors acting in different transaction types.
Released on Nov 5, 2025
Real estate sale agreements under Turkish law
The acquisition of immovable property is a fundamental institution of property law, which determines the procedures and legal conditions under which the right of ownership is transferred to individuals. This article will delve into the two ways of acquiring immovable property through legal transactions in Turkey: real estate sales agreement and preliminary agreements for real estate sales, which serve as commitments for the conclusion of such agreements.
Released on Nov 5, 2025
The reduced VAT rate on urban rehabilitation projects: a never-ending story?
In Portugal, conflicting case law on the application of the reduced VAT rate to urban regeneration works was recently harmonised by the Supreme Administrative Court. The matter is not yet settled, however, as an appeal to the Constitutional Court remains pending.
Released on Nov 5, 2025
Trusts and digitalisation: redefining real estate investment in the Dominican Republic
Trust structures and the digitalisation of legal procedures are reshaping the Dominican real estate sector in a more sustainable and strategic manner. The use of trusts creates safer, more transparent avenues for investment, while the digitalisation agenda is cutting red tape and making the process of buying, selling and developing property more efficient for all parties involved.
Released on Nov 5, 2025
Structures and strategies for private credit funds
Gathering legal experts from the United States and across Europe, this panel at the 25th Annual IBA/ABA US and Europe Tax Practice Trends conference in Amsterdam convened to discuss structuring considerations, strategies and other emerging issues relevant for private credit funds.
Released on Nov 4, 2025
Cross-border VAT: challenges, opportunities and the future of tax compliance
This panel at the New Era of Taxation conference in Milan, in September 2025, discussed the complexities of VAT on cross-border transactions with a specific focus on the supply chain of goods supplied by a non-European Union taxable person into the EU and subsequent intra-community supplies. As the panel was composed of experts from Germany, Italy, Austria and Switzerland, each of the speakers shared their insight on the VAT treatment and challenges encountered in their respective jurisdictions.
Released on Nov 4, 2025
Emergency arbitration: A practical guide for young arbitration practitioners
Emergency arbitration, while still a relatively recent development, has become an essential procedural feature for parties seeking urgent interim relief before the constitution of an arbitral tribunal. ‘Emergency arbitration: A practical guide for young arbitration practitioners’, published by the IBA Arb40 Subcommittee, aims to offer practical insights and sometimes comparative perspectives into one of the most dynamic procedural tools in international arbitration.
Released on Oct 31, 2025
Tariffs and the M&A landscape in India: navigating a new trade reality
The reimposition of tariffs by the United States in 2025, including a 50 per cent ad valorem duty on selected Indian exports, has significantly altered India’s trade dynamics. These measures, framed as reciprocal tariffs, have placed Indian exporters at a competitive disadvantage compared to their peers in Vietnam, Bangladesh and Indonesia, who face lower tariff burdens. The impact is particularly acute in sectors like textiles, vehicle components, gems and jewellery and marine products, industries that are heavily export oriented and dominated by micro, small and medium enterprises.
Released on Oct 31, 2025
Let lawyers do their work: an analysis of the ICTR’s unfree acquitted and released men dying in detention in Niger
This article recounts the case of persons released on acquittal or after serving sentences at the International Criminal Tribunal for Rwanda (ICTR), unable to reunite with their families in their countries of refuge, have been living under surreal circumstances where no law appears to apply. On 15 November 2021, the UN signed a bilateral agreement with Niger for their relocation so they could start a new life. However, since the UN transferred the men to Niamey in December 2021, they have been living under house arrest and under the threat of refoulement to Rwanda. The article explores the challenges faced by international criminal tribunals.
Released on Oct 31, 2025
Russia’s exploitation of children in the war in Ukraine
This article outlines the Russian tactic of exploiting Ukrainian children and young adults through Telegram, enticing them to conduct espionage, bombings, and even suicide bombings, by coercing them through money, gamification, and extortion. Some of these cases have resulted in children being injured or dying. These practices violate the Rome Statute and Geneva Conventions, which prohibit child participation in hostilities and coercion on any grounds, by stripping children of protected civilian status and weaponising their vulnerability. Current ICC warrants only address deportations, overlooking broader crimes against children in both occupied and unoccupied areas.
Released on Oct 31, 2025
Law on the frontlines: A reflection from the front row at the IBA War Crimes Committee Conference 2025
This article reflects on this year’s IBA War Crimes Committee Conference, ‘Law on the Frontlines’ which saw discussions on the intolerable risks of continued impunity for violations of international humanitarian law; the challenges and opportunities encountered to document attacks on civilian populations; the weaponisation of the digital arena and the challenges and opportunities it raises in the search for the truth; and the critical role that the law stands to play in the aftermath of the conflicts that must end.
Released on Oct 31, 2025
Webinar: Focus on the arms trade: state responsibility, accountability and private actor compliance
This article is a reflective summary on the IBA War Crimes Committee’s monthly webinar series titled ‘Focus on the arms trade: state responsibility, accountability and private actors compliance’. The article highlights the issue of arms trade and the relevant legal frameworks, under the arms trade treaty, human rights, humanitarian laws, UNGPs and international criminal law. It also highlights the challenges and gaps in implementation and enforcement of these frameworks from the perspectives of the obligation of arms companies; trends by the domestic courts and political discretion employed by the states.
Released on Oct 31, 2025
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