Committee publications
Forum shopping: a legal loophole or a strategic advantage? A glance at the Italian experience
In an increasingly globalised and interconnected legal landscape, the concept of forum shopping has become a subject of debate among legal scholars, practitioners and policymakers. At its core, forum shopping refers to the practice of strategically selecting a jurisdiction that offers the most favourable legal framework for a particular case. While some view forum shopping as a legitimate strategy that allows litigants to exercise their rights effectively, others argue that it undermines the fairness and integrity of the judicial system. This article explores the different dimensions of forum shopping, examining its impact on various legal fields, its ethical and practical implications, and the measures taken by courts and legislators to regulate it.
Released on Apr 4, 2025
Forum shopping: strategy or abuse?
International commercial litigation presents a significant challenge for companies operating on a global scale. Businesses engaged in cross-border transactions often face critical decisions regarding where to file a lawsuit. In this context, forum shopping —the practice of selecting the jurisdiction believed to offer the most favorable conditions for a legal dispute— has become a widely used strategic tool. While some argue that it is a legitimate approach to securing favorable procedural and substantive law treatment, it inevitably raises concerns about fairness, the predictability of legal outcomes, and the potential for abuse.
Released on Apr 4, 2025
Challenges and criticisms of international commercial courts: evaluation of their effectiveness, legitimacy and accessibility
Within the past decade, international commercial courts (ICCs) have carved out a specific niche for themselves, but despite increasing popularity, ICCs have not revolutionised the landscape for the resolution of international commercial disputes and have not displaced international commercial arbitration from its pedestal. In this context, it is of particular interest to examine the difficulties and criticisms faced by ICCs in order to predict their future development.
Released on Apr 4, 2025
How to choose between the new commercial courts in Germany and traditional arbitration
Like many other jurisdictions in recent years, Germany will introduce commercial courts in April 2025 in an attempt to establish itself as a more attractive jurisdiction for commercial disputes, particularly in competition with arbitration. However, it remains to be seen whether the commercial courts will provide a significant alternative. When choosing between the new commercial courts and arbitration, there are several aspects parties should consider.
Released on Apr 4, 2025
Shopping for justice: strategic forum choices and the rise of international commercial courts
This article examines the ethical implications of forum shopping, conflict of laws, and the strategic considerations that go into choosing a forum in business disputes.
Released on Apr 4, 2025
Shopping for justice: strategic forum choices and the role of GILA in enhancing Geneva’s legal landscape
This article examines how the Geneva International Legal Association (GILA) plays a pivotal role in shaping strategic forum choices within international commercial disputes. By championing Geneva’s unique legal ecosystem, GILA fosters an environment where innovative dispute resolution mechanisms – including the rise of international commercial courts – can thrive. This discussion highlights Geneva’s advantages as an international legal hub and demonstrates how GILA’s initiatives support a forward-thinking approach to forum selection.
Released on Apr 4, 2025
The concept of indirect polluter and jurisdictional choices in environmental liability cases
Concerns with climate change have transformed environmental litigation, creating a new trend of lawsuits related to massive disasters. Now cases are brought simultaneously in several jurisdictions with regards not only to companies directly related to the events, but also service providers, creditors, suppliers and others.
Released on Apr 4, 2025
Mandatory mediation in commercial disputes in Turkey
Commercial disputes are an inevitable part of business life, but the length and cost of court processes can have negative impacts on a company’s business. Mandatory mediation in Turkey represents an effective approach for resolving commercial disputes. This article discusses the function and practical stages of mandatory mediation in commercial disputes in Turkey.
Released on Apr 4, 2025
Global Women Litigators' Breakfast at the IBA Annual Conference 2024
During the 2024 Annual IBA Conference, the global women litigators breakfast hosted a timely discussion with Magistrate Mariana Moreddu on the then-recently passed and heavily protested judicial reforms in Mexico that were widely believed to threaten the independence of the Mexican judiciary and the rule of law.
Released on Apr 4, 2025
Ms Arbitrator, we need an urgent decision!
A highlight of the IBA Annual Conference in Mexico City was a panel discussion of whether, when it comes to seeking urgent interim relief, recourse to national courts remains a valid alternative to opting for emergency arbitration or expedited arbitration procedures under institutional arbitration rules. The panel was jointly organised by the IBA Arbitration and Litigation Committees and held on 20 September 2024.
Released on Apr 4, 2025
Mastering litigation in Latin America - IBA Annual Conference 2024 session report
The panel has provided attendees with insights and practical advice on navigating civil and commercial litigation in Latin American jurisdictions. The speakers offered essential guidance to help on the successful management of legal disputes in the complex landscape of Latin American law.
Released on Apr 4, 2025
A day in Singapore: exploring the Garden City that never sleeps
Singapore is a place that truly has it all – a fusion of rich multiculturalism, cosmopolitan skyscrapers, and lush natural beauty. To help you make the most of your time in this incredible city – host of this year’s IBA Annual Litigation Forum – we’ve put together this guide.
Released on Apr 4, 2025
Review of Ukrainian war crimes judgments
Since Russia’s full-scale invasion of Ukraine in February 2022, the Ukrainian judiciary has been inundated with war crimes cases, requiring immense resources and specialised training.
Released on Apr 3, 2025
Persecution Prevention Project: report series on the Yazidi genocide
The Persecution Prevention Project (PPP) is a pro bono project supported by the IBA Human Rights Law Committee and Yale University’s Genocide Studies Program.
Released on Apr 3, 2025
Ethnic diversity in international arbitration
This Arbitration Committee-commissioned study examines perceptions regarding the role and impact of ethnic diversity on international arbitration. recognises that international arbitration increasingly represents a diverse ethnic population, and the arbitral system must keep abreast with this pace of change. It endeavours to examine whether ethnic diversity on arbitral tribunals matters to the outcomes and legitimacy of the system as a whole. The Arbitration Committee intends for this study to be the first step in a sustained dialogue around ethnic diversity in international arbitration.
Released on Apr 2, 2025
Inspirational legal women: a conversation with Faiza Alleg Dolivet
An insightful discussion with international lawyer and mediator Faiza Alleg Dolivet
Released on Mar 21, 2025
Getting to Know the ERF – Laura Nieto
Get to know the European Regional Forum’s Council Member for Andorra, Laura Nieto.
Released on Mar 21, 2025
Getting to Know the ERF – Jelena Gazivoda
Get to know the European Regional Forum’s Council Member for Serbia, Jelena Gazivoda.
Released on Mar 21, 2025
Power Law: Editorial March 2025
John Vellone, outgoing Newsletter Editor of the IBA Power Law Committee, and Krzysztof Cichocki, incoming Newsletter Editor of the IBA Power Law Committee, introduce the latest collection of articles from Committee members.
Released on Mar 18, 2025
Can behind-the-meter structures solve the impending power bottleneck caused by AI data centres?
The development of AI data centres has been identified as one of the primary drivers of anticipated growth in the power sector in the next decade. Given the scale of these projects and the concentrated usage of electricity, behind-the-meter power generation structures are being mooted to expedite delivery of AI data centre projects while minimising cost-shifting to users of the grid. Although there have been positive developments at the federal level which may facilitate the buildout of new generating assets, state and local laws will remain a primary consideration on whether behind-the-meter structures can be successfully deployed in a given location.
Released on Mar 18, 2025
Powering the future: the evolving intersection of data centres and energy law in Portugal
This article explores the intersection of Portuguese legislation on energy and the rapid expansion of data centre infrastructure, focusing on existing mechanisms and recent legal developments that address grid access, renewable integration, and energy efficiency. As data centres become increasingly strategic, their connection to energy law, though largely implicit in the current framework, is gaining relevance, paving the way for future regulatory refinements that balance digital infrastructure growth with energy transition goals.
Released on Mar 18, 2025
The intersection of AI and power law in Mexico: legal implications for a sustainable energy transition
Mexico’s energy transition, marked by a shift to renewable energy and technological innovation, represents the perfect moment to enhance the role of Artificial Intelligence (AI) in the power sector. However, this integration may raise significant legal challenges, including data governance, cybersecurity, regulatory compliance and particularly how to address such challenges in the energy policies while enhancing AI optimisation.
Released on Mar 18, 2025
Data centres and AI: legal challenges between sustainability and energy efficiency in an Italian and EU context
This article examines the dual role of data centres as enablers of digital transformation and significant contributors to global energy consumption. It reviews European Union and Italian regulations aimed at promoting sustainable data centre operations, including the European Green Deal and the EU’s ‘Fit for 55’ plan.
Released on Mar 18, 2025
Avoiding gridlock: how Canada can use AI to expand and improve its hydroelectric future
The rapid evolution of artificial intelligence (AI) is affecting Canada’s energy sector. The advancement of new tools, particularly generative AI (Gen AI) resources, are forcing operators and governments to address legal gaps quickly and invest in new infrastructure across the hydroelectric industry. These changes are likely to result in significant benefits to the Canadian economy, driving billions of dollars in investment and ushering in a transformative shift in the workforce.
Released on Mar 18, 2025
A new investment protection regime in Argentina and its impact on the development of megaprojects in the technology sector
This article provides an analysis of the new legal and regulatory framework arising from the approval of the Law of Bases and Starting Points for the Freedom of Argentines 27,742 and the Incentive Regime for Large Investments (the RIGI) as an investment protection mechanism for megaprojects in the technology sector.
Released on Mar 18, 2025
Inspirational legal women: Carola van den Bruinhorst
An insightful discussion with Carola van den Bruinhorst
Released on Mar 7, 2025
Getting to Know the ERF – Gábor Damjanovic
Get to know the European Regional Forum’s Council Member for Hungary, Gabor Damjanovic.
Released on Mar 5, 2025
Inspirational legal women: a conversation with Deborah Enix Ross
An insightful discussion with IBA Secretary General, Deborah Enix-Ross
Released on Mar 4, 2025
Company tax liabilities on ceasing operations in Ethiopia
The notion of taxing a taxpayer when they end their residential status in a country has been an issue for debate among scholars. Countries view the main risk associated with such withdrawal from the jurisdiction as the erosion or complete disappearance of the tax base. Tax is levied in such circumstances in order to provide the relevant tax authority with an opportunity to secure income tax from the departing individual without having to deal with the instant realisation of tax gains or losses. However, the Ethiopian principle in regard to an exit tax is focused on a perceivable gain obtained by the taxpayer upon ceasing residency in the country, which often comes with the disposal of investment assets through a sale or transfer.
Released on Mar 3, 2025
Brazil enacts a law to regulate clinical trials
Brazil has enacted Law No 14,874/2024, which is the first law regulating human subjects research in the country. The law modifies regulatory oversight, introduces clear timelines and redefines sponsor responsibilities, including with relation to post trial obligations, positioning Brazil as a potential global hub for clinical research and promising increasing of investments.
Released on Feb 20, 2025