Committee publications
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
The Economic Crime Act: the new register of overseas entities and asset tracing
The Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent in March 2022. introduced to strengthen and accelerate the way in which the UK imposes sanctions and tackles the proceeds of financial crime. However, since its introduction, doubts have been raised as to whether the Act will have an impact on the UK’s longstanding issues with dirty money.
Released on Dec 13, 2022
The era of environmentally and socially conscious entities: ESG in Cyprus
This article will provide an overview of European Union legal obligations on entities to report and disclose information on issues which relate to society and the environment with the added colour of ESG, and how these have been applied in Cypriot law and in the practices of Cypriot corporate culture.
Released on Dec 13, 2022
The contingency fee revolution in Australia
The pandemic took much of the spotlight in 2020, but one of the most significant developments in the Australian class action legal market in that year was the introduction, for the first time, of contingency fees in Australia. This is noteworthy as Australia has historically deemed contingency fees unlawful across the nation. This is not, however, a nationwide lift of the prohibition; contingency fees are only available in one state, Victoria, and in one type of proceeding, a class action. Colloquially, this form of contingency fee is known as a ‘group costs order’ (GCO).
Released on Dec 13, 2022
Covid in court
A concises overview of the preliminary proceedings filed against the state of the Netherlands on the measures to fight Covid-19
Released on Dec 13, 2022
Digitally transforming our law firms: inspiration for small to medium sized firms
Takeaways from a panel at the IBA Annual Conference, Miami 2022.
Released on Dec 1, 2022
IBA War Crimes Committee shines a light on corporate liability cases
Released on Nov 25, 2022
Covid-19 and Court Procedures: An Access to Justice Report
Released on Nov 24, 2022
Key points from online workshop on recruitment and retention
Key points from online workshop on recruitment and retention, the changing expectations of young lawyers in Europe, 7 October 2022
Released on Nov 23, 2022
Summary of talk by Megan Sandler, Slaughter and May
A summary of a talk by Megan Sandler of Slaughter and May, given at the 5th IBA European Start-up Conference on 28 September 2022.
Released on Nov 23, 2022
Takeaways from the 5th IBA European Start-up Conference
A conference report on the 5th IBA European Start-up Conference, held 27–28 September 2022 in Dublin.
Released on Nov 23, 2022
Healthcare transactions: latest trends and potential challenges
Transactions related to the healthcare industry have been in the spotlight in the last few years. This sector has been responsible for the development of relevant technologies and for boosting the economy in different countries. This article aims to summarise the trends, advantages and legal challenges related to transactions in the healthcare ecosystem.
Released on Nov 14, 2022
Diversity session – 37th International Financial Law Conference
A report on a joint session of the Banking Law Committee and the Securities Law Committee at the 37th International Financial Law Conference in Venice, on the theme of diversity and inclusion.
Released on Nov 10, 2022
What ‘green’ means: the role of disclosure in sustainable finance in Singapore
This article focuses on the objectives and effects of environmental, social and governance disclosure, and its use by the Singapore Exchange and the Monetary Authority of Singapore, Singapore’s central bank and financial supervisory authority, as a calibrated regulatory tool in the sustainable finance sector.
Released on Nov 10, 2022
Keeping loans afloat during the current financial crisis in Romania
The main interest rate benchmarks for loans applicable in Romania have dramatically increased in the current financial crisis. Borrowers are concerned that a continued increase will trigger defaults and are seeking alternatives, which may prove to be only temporary relief.
Released on Nov 10, 2022
The EU’s Markets in Crypto-Assets Regulation: a regulatory tectonic shift for the crypto economy
With the rapid development of the crypto-asset market, risks regarding the trading of crypto-assets have begun to emerge, prompting the European Union to create its own comprehensive piece of legislation: its Markets in Crypto-Assets Regulation project – a future regulation on crypto-asset transactions within the EU.
Released on Nov 10, 2022
Open banking in Peru: challenges and first steps
Peruvian regulation is ready to achieve an important milestone in the development of the financial market. Open finance (and open banking as the first stage) has all the ingredients to improve the consumer experience, increase competition and close the financial inclusion gap. This article describes the first steps and challenges that these regulatory efforts will face.
Released on Nov 10, 2022
The true ‘power’ of the decision of Italy’s financial disputes arbitrator
This article follows judgment No 3654, issued by the Court of Rome on 8 March 2022. The article focuses on the uncertain and still controversial legal nature of the decisions issued by the Arbitro delle Controversie Finanziarie, an alternative dispute resolution instrument that is specific and peculiar to Italian law.
Released on Nov 10, 2022
India’s Reserve Bank tightens the regulatory framework for digital lending apps
Over the past few years, digital lending apps (DLAs) have greatly aided both business users and retail customers in India. However, to curb growing malpractice and the misuse of customers’ personal data, on 2 September 2022, the Reserve Bank of India (RBI) issued official guidelines to restrict the activities and improve the oversight of DLAs. All RBI regulated entities have until 30 November 2022 to put in place adequate systems and processes to ensure that all their digital loans are in compliance with the new guidelines.
Released on Nov 10, 2022
Ghana: the rights and obligations of creditors during insolvency
A discussion on the rights and obligations of foreign lenders during insolvency and restructuring of borrowers or security providers in Ghana, including the roles played by creditors during insolvency and restructuring.
Released on Nov 10, 2022
Benchmark replacement in Canada: from CDOR to CORRA
While global markets have understandably been focused on the transition away from the London Interbank Offered Rate, Canadian banks and supervisors are working on the transition from a key survey rate of their own, the Canadian Dollar Offered Rate. This article briefly highlights recent developments with respect to benchmark reform in Canada.
Released on Nov 10, 2022
The new Brazilian legal FX framework
In a nationwide effort to strengthen the Brazilian economy by modernising the country’s foreign exchange market, Law No 14,286, enacted in 2021 (and due to become effective as of 30 December 2022), implements significant changes to the FX framework. The new law, which requires specific regulation to be enacted, aims to: (1) achieve freedom of capital flow, (2) project the Brazilian economy internationally, and (3) reduce bureaucracy while maintaining transparency in the foreign exchange market.
Released on Nov 10, 2022
Climate conscious courts: Recent cases in France, the UK and the US: Article by LPRU intern
In the preamble to the Paris Agreement, signed in 2015 by 175 parties, it was acknowledged that ‘climate change is a common concern of humankind’, and that all parties have ‘common […] responsibilities’ to combat the climate crisis.
Released on Nov 9, 2022
Foreign direct investment guide 2022
Released on Nov 8, 2022
New York museums to display the history of Nazi-looted artworks
According to the new legislation, New York museums that display artworks once stolen during the Nazi era in Europe are now required to label these works acknowledging that information. This article discusses this legislation.
Released on Nov 7, 2022
Football corporations in Brazil (SAF): new perspectives for foreign investment in Brazilian football teams
The new Law of Football Corporations (SAF Law) brought unprecedented innovation and created new opportunities for investors wishing to enter the Brazilian football market.
Released on Nov 3, 2022