Publications for Litigation Committee

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From the Editors - Litigation Committee newsletter December 2023

The increasing importance of ESG issues for lawyers generally, and especially for litigators, is a key focus of this issue. We’re delighted to publish contributions on this topic from jurisdictions as varied as Chile, France, Poland, South Africa, and Spain [...]

Released on Dec 1, 2023

Litigation Committee conference session, Milan, September 2023: Litigating in the EU and the UK after Brexit

On Friday, 15 September 2023, during the 4th IBA Litigation Committee Conference on Private International Law in Milan, the final session of the day sought to take stock of the post-Brexit position on jurisdiction and enforcement as well as service and evidence taking, and what that has meant (and will continue to mean) for cross-border litigation in the EU and UK.

Released on Dec 1, 2023

Young Litigators seminar, Milan, September 2023: Advocacy do's and don'ts in international commercial disputes

On the occasion of the 4th IBA Litigation Committee Conference on Private International Law in Milan, on 14 September 2023, the IBA Young Litigators Forum presented a seminar on Advocacy. The seminar took place in the office premises of the firm ADVANT Nctm, which is the Italian member firm of ADVANT, a European association of independent law firms.

Released on Dec 1, 2023

Young Litigators Seminar, Buenos Aires, May 2023: How to crack expert evidence – you be the judge

The Young Litigators came out in force on the occasion of the annual IBA Litigation Committee Conference that took place in Buenos Aires between 3 and 5 May 2023.The IBA Young Litigators Forum presented a seminar on how to deal with expert evidence within the framework of international commercial disputes. The seminar was hosted at the offices of leading Argentinean law firm Marval O’Farrell Mairal and we were able to attract a staggering 60 young professionals from all around the globe (including Argentina, Brazil, The Netherlands and Japan!), who are active within the international dispute resolution field.

Released on Dec 1, 2023

Litigation Committee conference session, Buenos Aires, May 2023: Latest legal issues in transnational litigation

One of the panel discussions at the IBA Litigation Committee Forum in Buenos Aires, in May 2023, focused on the latest issues in transnational litigation. The panel considered a wide range of topics.

Released on Dec 1, 2023

Litigation Committee conference session, Buenos Aires, May 2023: Hot topics in e-commerce

On May 4, 2023, the IBA’s Litigation Committee held an interactive session which touched on various topics involving e-commerce. The panel was chaired by Andreas Frischknecht of Chaffetz Lindsey acting as moderator along with experts from different jurisdictions, namely Karina Goldberg (Attorney-at-law, Ferro Castro Neves Daltro & Gomide Advogados, São Paulo), Antoine Laniez (Attorney-at-law, NautaDutilh, Luxembourg City), Francisco Javier Muñoz (Legal counsel, Mercado Libre, Buenos Aires) and Lucinda Orr (an employed barrister with Enyo Law, London).

Released on Dec 1, 2023

Litigation Committee conference session, Buenos Aires, May 2023: Cybersecurity: how clients and law firms should handle a data breach and the litigation arising from it

The third session of the conference, under the dynamic moderation of María Gabriela Alvarez de la Fuente (Colgate, Mexico), involved an absorbing discussion on current cybersecurity issues affecting clients and law firms. The speakers were Richard Donoghue (Pillsbury Winthrop Shaw Pittman, USA), Antonio Gesteira (FTI Consulting, Brazil), Adriana Prado (FTI Consulting, Brazil), Sergio Torres (Aon, Colombia), and Carlo Verona (Demarest Advogados, Brazil).

Released on Dec 1, 2023

Litigation Committee conference session, Buenos Aires, May 2023: Reshaping legal services - what tech companies are demanding from lawyers

On 4 May 2023, during the IBA Litigation Conference in Buenos Aires, the first session of the conference sought to explore what tech companies are demanding from their lawyers in the new and evolving global economy for legal services. Rodrigo Fermín García of Marval O’Farrell & Mairal, who had compiled an excellent panel of speakers from South America's tech scene, moderated the session. The speakers were Mariana Alvarez Gaiani (JPMorgan Chase Argentina), Daniela Bianchi (Uala), Santiago Gini (OLX), Horacio Liendo (Mercado Libre) and Pamela Moreno (IBM).

Released on Dec 1, 2023

Group proceedings in Scotland

Group proceedings or "class actions" procedure came into force in Scotland on 31 July 2020. For the first time, groups of two or more people with the same, similar, or related claims have a mechanism to raise proceedings as a single action in the Court of Session (Scotland’s highest civil court at first instance being the equivalent of the High Court in England). Since the rules came into effect, the Court of Session in Scotland has certified three groups for group procedure.

Released on Dec 1, 2023

Exercise of the right to be forgotten in Turkey in terms of search engine results

Nearly a quarter of the way into the 21st century, technology continues to be one of the areas where humanity has made the fastest progress. Although the ease of data access is one of the most important opportunities provided by technology, this convenience has negatively affected the right to privacy and created the risk of data being accessible indefinitely. The concept of the right to be forgotten has become prominent in order to strike a balance between privacy of individuals on the one hand and the public interest and freedom of expression on the other.

Released on Dec 1, 2023

Does pro bono count as a social duty fulfilled for law firms?

Legal firms, like their clients, are required to measure their compliance with ESG. In this article, we focus on one specific area, the 'S' in ESG, and consider whether a longstanding area of legal firm practice, pro bono litigation, can be put into that category. We argue that the social responsibilities of legal firms stretch far beyond pro bono legal work. Also, if pro bono legal services were considered as an obligation to meet ESG compliance, then it would no longer be truly 'pro bono'.

Released on Dec 1, 2023

Current trends in ESG litigation in Poland

In Poland, legal rules specifically designed for the initiation and conduct of litigation related to sustainability factors, as we know them today, have not yet been introduced into legislation. However, these factors are to a certain extent protected by the provisions of other branches of law (on which EU law has a great influence, as Poland is bound to EU law).

Released on Dec 1, 2023

New reporting duties regarding ESG standards and possible scenarios of shareholder litigation under Chilean law

The Financial Market Commission has established the first reporting duties applicable to most Chilean open corporations regarding ESG Standards. Through them, the entity requires companies to disclose quality information for investors and stakeholders to evaluate how corporations are dealing with the adoption of ESG matters in their operations. Not only will this likely accelerate the introduction of ESG standards to the Chilean market, but also these measures may increase the likelihood of potential lawsuits filed by shareholders

Released on Dec 1, 2023

Supply chain liability and ESG obligations: navigating litigation risks

Sustainability-focused litigation is gaining momentum across numerous EU nations. As legislation on responsible business conduct emerges, businesses must gear up for revisiting their due diligence code of conduct and their compliance mechanisms in environmental and human rights matters. There is a growing trend to pursue novel causes of action against companies for alleged misconduct not directly attributable to them, but to third parties operating across their value chain, for failing to prevent human rights or environmental breaches.

Released on Dec 1, 2023

The French Duty of Vigilance Law: a new litigation risk for European companies

Following the Rana Plaza tragedy in Bangladesh on 24 April 2013 , corporate social, environmental and societal issues have been increasingly taken into account both by society and by companies. In France, NGOs, trade unions and elected officials advocated for the creation of a specific regulation extending the civil liability of French parent companies for human rights and environmental violations committed by their subsidiaries or their suppliers, both in France and abroad. After years of legislative debates, French Law No. 2017-399 of 27 March 2017 on the duty of vigilance of parent companies and contracting companies (the “Duty of Vigilance Law” or the “Law”) was adopted on March 27, 2017. Since environmental, social and governance (ESG) topics are increasingly scrutinised, many legal actions have been initiated against French companies by NGOs, trade unions and individuals, on the basis of non-compliance with the Duty of Vigilance Law. No decisions have been issued yet on the merits of these cases. However, since these organisations are very active on social media and in the press, these kinds of legal proceedings have proven to be very detrimental to companies’ reputation and image.

Released on Dec 1, 2023

English courts consider anti-suit injunctions in aid of Paris-seated arbitrations

Across a series of anonymised decisions issued within days of one another, the English Commercial Court (on three occasions) and the Court of Appeal (on one occasion, overturning a decision from the Commercial Court) have considered the availability of anti-suit injunctions (ASIs) in support of Paris-seated arbitrations where court proceedings were commenced in Russia.

Released on Dec 1, 2023

My city: A busy day in Paris

Paris is a city that captivates visitors from all around the world with its charm and beauty. Known for its stunning architecture, rich history, world-class art, fashion and food, Paris is a destination that has something for everyone.

Released on Oct 28, 2023

From the Editors - Litigation Committee newsletter May 2023

This edition features articles on rule of law; interviews; legal updates and human interest articles

Released on Apr 28, 2023

The impact of corruption on the rule of law and the effective administration of justice using Nigeria as a case study

Corruption is a global issue that impacts all facets of society and undermines the rule of law and the effective administration of justice. Nigeria is not immune to this trend, as corruption has had devastating effects on its legal system, resulting in a weakened judiciary and law enforcement agencies, thus fostering a culture of impunity for the affluent and powerful.

Released on Apr 28, 2023

The role of pro bono work within the Swiss legal system in promoting and strengthening the rule of law in underserved communities

Although the significance of classical pro bono work in the Swiss legal system seems more limited than in common law jurisdictions, the system nonetheless offers a variety of options for underserved communities to obtain access to justice at no or at least reduced cost. While these options do not qualify as actual pro bono services in the strict sense, they all help to promote and strengthen the rule of law. Yet, there still seems to be room for improvement in order to better support the access to justice of the (lower) middle class that does not qualify for legal aid.

Released on Apr 28, 2023

There and back again: the collapse of the rule of law in Afghanistan

After twenty years of brutal war and incremental change, the rule of the gun has again displaced the rule of law in Afghanistan under renewed Taliban control.

Released on Apr 28, 2023

Rule of law and the protection of the European Union's budget – the conditionality regime

The careful monitoring of Member States’ compliance with the rule of law principle has been high on the European Union's (EU) Commission list of priorities for a while. The Rule of Law Reports (RLR) are assessment tools containing a chapter dedicated to the analysis of the status of compliance in each Member State, in several essential areas respectively: the anti-corruption framework, the justice system, media pluralism and institutional issues related to checks and balances, public service media, and the implementation of judgments of the European Court of Human Rights. The conditionality regime allows the EU to suspend funding to the Member States or make reductions in funding in case of violations of the rule of law.

Released on Apr 28, 2023

The impact of economic sanctions on the rule of law and the effective administration of justice

A degree of tension exists between rights to access to justice and the unprecedented restrictive measures introduced by the European Union against Russia as a result of its actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

Released on Apr 28, 2023

Challenges doing justice in disputes about art theft and restitution of colonial art – the beauty and the beasts – IBA Annual Conference Miami 2022 session review

At the IBA Conference in Miami in November 2022, the Litigation Committee co-hosted a very interesting session on ‘Challenges doing justice in disputes about art theft and restitution of colonial art’ under the catchy subtitle ‘The beauty and the beasts’.

Released on Apr 28, 2023

My Buenos Aires

An introduction to the magic of Buenos Aires - location of the IBA Litigation Committee's 2023 Annual Litigation Forum, May 2023.

Released on Apr 28, 2023

Interview with I. Stephanie Boyce – Immediate Past President, The Law Society of England & Wales

I. Stephanie Boyce on her 'interesting and unconventional' route to law, addressing diversity issues in the profession, in-house counsel, legal aid, law reform and litigation

Released on Apr 28, 2023

Interview with Clément Nyaletsossi Voule, UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association

Clément Nyaletsossi Voule, a citizen of Togo, was appointed as the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association in April 2018. Prior to his appointment, Mr Voule served as the Advocacy Director and led the International Service for Human Rights (ISHR) in Africa. In this interview he discusses his mandate and role.

Released on Apr 28, 2023

What difference can lawyers make in tackling the climate emergency?

Climate change has driven up weather damage losses beyond USD 300 billion annually, while making them increasingly uninsurable. Naturally, citizens and corporations are looking to the law and legal practice to urgently future-proof their societal and economic interests. For the law to rise to this challenge, lawyers must work beyond the confines of traditionally compliance-focused environmental law. Instead, they must proactively adapt law and legal practice to give the world the best chance at achieving swift and coordinated climate action.

Released on Apr 28, 2023

Climate change litigation in Australia – an update

An update on recent decisions and pending actions dealing with climate change in Australia. There is a new focus on human rights arguments.

Released on Apr 28, 2023

Compliance with the environmental standards in the NGEU recovery plan and possible mitigation of climate change litigation risk – an Italian perspective

The world is now facing effects of climate change, and the consensus on the importance of adopting a sustainable and environment-friendly growth model is slowly increasing almost everywhere. In keeping with this perspective, European institutions have adopted a series of concrete measures to (try to) mitigate climate change

Released on Apr 28, 2023