Publications for Litigation Committee
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
Advice for cross-border litigators – courtesy of ChatGPT
ChatGPT, an artificial intelligence (AI) chatbot, has set the record for the fastest-growing user base. I decided to see what ChatGPT might have to offer in the way of advice for associates like myself who are interested in cross-border litigation.
Released on Apr 28, 2023
Decentralised autonomous organisations and liability in litigation – Sarcuni, et al v bZx DAO, et al
A recent ruling of the United States District Court in Sarcuni v bZx DAO, No 22-cv-0618 (S.D. Cal. March 27, 2023), has raised more than an eyebrow amongst many in the decentralised finance community who, until now, largely believed that decentralised autonomous organisations (DAO), and those that sit behind them, were outside of the traditional legal system and as such, not exposed to corresponding liabilities.
Released on Apr 28, 2023
Bank fraud: recent developments in Switzerland
Switzerland’s asset management reputation has taken a battering in recent years, with some widely publicised cases of fraud and mismanagement. This article looks at recent developments in case law related to bank fraud and bank liability, outlining what to expect when internal fraud is discovered and addressing some related practical considerations.
Released on Apr 28, 2023
Introduction of international commercial courts in Switzerland
The Swiss Parliament has passed legislation that will permit Swiss cantons to establish international commercial courts, before which international disputes can be litigated in English. In the future, parties to a contract will therefore be able to stipulate that a specific international commercial court in Switzerland has jurisdiction to adjudicate any disputes in connection with the contract, and that the proceedings are to be conducted in English. The legal basis for these international commercial courts is expected to enter into force on 1 January 2025.
Released on Apr 28, 2023
Do international commercial courts compete with international arbitration?
It is sometimes suggested that international arbitration and international commercial courts are in competition with one another. But is that right? Here are some thoughts on that question, written from an English law practitioner’s perspective as someone undertaking work in both fora.
Released on Apr 28, 2023
From the Co-Chairs - Litigation Committee, 2022
A word from the Co-Chairs of the Litigation Committee
Released on Dec 13, 2022
Co-editors note - Litigation Committee Newsletter, 2022
The exercise of assembling, curating and selecting the articles that have made it into this edition has underlined the depth and breadth of our Litigation Committee and the strength of community that is the IBA. The contributions cover a vast number of jurisdictions and topics, all offering a unique perspective on the practice of litigation.
Released on Dec 13, 2022
My London - my Amsterdam (and a bit on Rozendaal) - get to know the Newsletter Editors
Get to know the Litigation Committee's Newsletter Editors and their home cities!
Released on Dec 13, 2022
A litigious climate - reports from the IBA Litigation Committee Annual Litigation Forum 2022, London, UK
On 27, 28 and 29 April 2022, the members of the IBA Litigation Committee convened at the Royal Lancaster Hotel in London. the Litigation Committee dedicated the entire programme of this year’s Litigation Forum to climate change litigation. Spread across five panels of experts, including lawyers working at NGOs, judges and litigators who represent clients in these cases, the topic was explored from various angles in a very informative and thought-provoking way.
Released on Dec 13, 2022
Diversity and inclusion: 10 who, what, why, how and when questions to Tiernan Brady, Global Director of Inclusion at Clifford Chance
Tiernan Brady is the Global Director of Inclusion at Clifford Chance. In this interview he explains his role and its importance.
Released on Dec 13, 2022
Interview with Christopher Vadja KC
Christopher Vadja KC was the UK judge at the Court of Justice of the European Union (CJEU) from 2012 until the withdrawal of the UK from the EU in January 2020 when his mandate ceased. During that time, he was party to judgments in a broad spectrum of fields, including banking, competition and state aid, data protection and privacy, energy, environment, private and public international law, public procurement, sanctions, tax, trade and investment protection agreements, and transport.
Released on Dec 13, 2022
Winning essay of the 2021-2022 law undergraduate essay competition of the International Law Book Facility
Looking back from 2030, what should we do now to transform the legal profession, including by the use of machine learning technology to ensure access to justice for all, and that the profession is as diverse as the communities and businesses it serves.
Released on Dec 13, 2022
Climate trials: Legal challenges of a new era – view from France
The magnitude of climate damage has led to worldwide action. Faced with the global nature of a phenomenon that defies borders, with the appearance in the courts of subjects deprived of legal personality (nature, future generations) or with the difficulty of apprehending causality, the law is called upon to reinvent itself. These difficulties do not stop plaintiffs: the multiplication of climate litigation is a major phenomenon in the legal sphere. The French judge, who has one of the most sophisticated intellectual constructs in the world, has the means to provide innovative responses to the challenges it faces. Climate litigation represents a laboratory for judges and lawyers.
Released on Dec 13, 2022
The Sharma case – a false start for climate change negligence litigation in Australia
In May 2021, the Federal Court of Australia recognised, for the first time in Australia, that a government decision-maker owes a duty of care in negligence to Australian children with respect to the harm caused by the climate change impacts of decisions made under the Environment Protection and Biodiversity Conservation Act 1999. However, in March 2022 this decision was overturned on appeal by the Full Court of the Federal Court of Australia. This article explores the reasoning of the Full Court, the implications of its decision and possible ways forward for similar climate change litigation in Australia.
Released on Dec 13, 2022
Stop scrolling and read the Ts and Cs: Arbitration agreements in crypto disputes
A recent English High Court decision concerning a non-fungible token (NFT) auction has brought into focus the use of arbitration agreements in crypto disputes. It is a caution to crypto and NFT holders worldwide, who may find themselves bound to arbitrate their disputes with crypto exchanges and NFT marketplaces in a foreign jurisdiction and applying a foreign law.
Released on Dec 13, 2022
Preliminary witness hearings in the Netherlands
This article aims to introduce the concept of the preliminary hearing of witnesses of fact in the Netherlands (expert witness evidence is outside the scope of this article). This procedural possibility allows parties to hear witnesses in proceedings, separate from or prior to proceedings on the merits (if any).
Released on Dec 13, 2022
Russia sanctions: time to seize the day?
Russia’s invasion of Ukraine prompted the UK to deploy an unprecedented package of sanctions. Hundreds of individuals, from well-known oligarchs to members of the Duma, had their assets frozen. Real estate, vessels and even Chelsea FC became targets for restrictions; new sanctions continue to be introduced at pace. Despite this unprecedented action, there are real issues in enforcing sanctions in practice.
Released on Dec 13, 2022