Given the fact that war in Ukraine and consequent sanctions are affecting Italian commercial transactions, the purpose of this article is to examine the remedies provided by Italian law to contractual parties being in an ‘emergency situation’ and to understand if such remedies are (still) applicable in the current context of the Russian-Ukrainian conflict.
Released on Apr 4, 2024
According to an Italian court, the conflict between the Russian Federation and Ukraine and the martial law in force in Ukraine put at risk the possibility to recover a credit against a Ukrainian company and justified the suspension of the payment of a bank guarantee.
Released on Apr 4, 2024
Armed conflicts generate numerous unforeseen direct and indirect consequences, such as the surge in energy prices. Such consequences disrupt the performance of commercial contracts, for instance by making it excessively onerous for one party. The recent reform of French contract law added two mechanisms to the French Civil Code which may prove relevant in such a context. Their use is however strictly framed by French courts.
Released on Apr 4, 2024
This article provides high-level insight into the impact of armed conflicts on commercial disputes ‘on the ground’, in three relevant jurisdictions: Burkina Faso, Sudan, Burkina Faso and Sierra Leone.
Released on Apr 4, 2024
This article seeks to examine the effects of conflict over international and national economic flows and the implications which follow within the context of Malaysian law.
Released on Apr 4, 2024
This article considers how the English commercial disputes market has developed in response to the legal risks that arise from armed conflicts, focusing on: (i) navigating sanctions; and (ii) supply chain challenges.
Released on Apr 4, 2024
This article explores the multifaceted impact of armed conflicts on commercial disputes, delving into the types of disputes arising, access to courts and the judicial process, the pivotal role of lawyers in conflict zones, and the effects on cross-border litigation and commercial transactions. Armed conflicts disrupt legal infrastructure, exacerbate property rights disputes, and create regulatory uncertainties, hindering access to justice and impeding cross-border transactions. Despite challenges, lawyers play a crucial role in advocating for clients and upholding the rule of law amidst conflict.
Released on Apr 4, 2024
Today's global economy is very different from that of a few years ago. Armed conflicts and political developments surrounding such conflicts have led to trade restrictions, including economic sanctions. In the sanctions-driven environment, many companies have experienced supply chain disruptions. More than any other country, Russia has been affected by supply chain disruptions since February 2022. Not surprisingly, these issues have led to various commercial disputes both in Russia and in the international arena.
Released on Apr 4, 2024
This article examines the limits of litigation, courts, and government sanctions to ensure fairness in resolving cross border disputes during times of war. The article surveys various pitfalls of litigation in times of conflict or involving matters connected to war. It concludes by noting that arbitration may prove to be a powerful and, potentially, more prevalent tool for businesses and individuals to navigate disputes and business relations in times of war.
Released on Apr 4, 2024
Using the lesser-known Chapter II route has advantages and may speed up the process of taking evidence from resident Swiss witnesses
Released on Apr 4, 2024
With an increasing number of litigants seeking their day in court, securing an effective, fair and fast resolution to disputes has never been more challenging. The decision of the Court of Appeal in England and Wales, in Churchill v Merthyr Tydfil, confirms the integral role ADR and mediation play in effectively resolving disputes for parties. In showing positive treatment towards ADR and overturning Halsey, the Court has both encouraged parties to think strategically when approaching complex dispute resolution and also supported parties seeking to resolve disputes in a cost effective and fair manner.
Released on Apr 4, 2024
Generative AI is a powerful new tool in the hands of wrongdoers, including fraudsters, thus creating new risks for businesses. This technology can mimic human language, images and biometric data beyond a point where even another machine can distinguish between what is real and what is AI-generated. It can engage targets in automated, conversation-style interactions which maximise the potential for deception. And it can be programmed to do this at scale. This article explores these risks and suggests ways they can be mitigated.
Released on Apr 4, 2024
The Hague Judgments Convention aims to simplify the global recognition and enforcement of civil or commercial judgments. While it represents an important step towards international judicial cooperation, this article examines its scope, practical implications, and potential limitations.
Released on Apr 4, 2024
As the Litigation Committee prepares to hold its Annual Litigation Forum, this year in Amsterdam, we take a look at some interesting things to do in this wonderful city.
Released on Apr 4, 2024
Session summary from IBA Annual Conference 2023: The session ‘The role of the profession, ethics, representation and social responsibility’, held on 1 November 2023 in the chamber of the International Chamber of the Paris Commercial Court in central Paris, was led by Sandrine Giroud (of LALIVE in Geneva), Vice-Chair of the Litigation Committee, and Adam S Goodman (of Dentons in Toronto), Vice-Chair of the Rule of Law Forum. Panellists were Robert Steven Bernstein (of Holland & Knight, New York), Christopher Stephens (of the World Bank, Washington), and Ambassador Ret. François Zimeray (of Zimeray Finelle, Paris). The discussion addressed the pressure lawyers could face from their clients, the limits of free speech, but also whether the concept of universal rights was under attack.
Released on Apr 4, 2024
A summary of the IBA Litigation Committee and Technology Law Committee’s IBA Annual Conference session on ‘Litigating in and about the metaverse’. The session took place on 1 November 2023 and examined issues that litigators will need to confront as this new area continues to develop.
Released on Apr 4, 2024
The IBA was saddened to hear of the passing of Senator Joseph ‘Joe’ Lieberman, who died on 27 March 2024 at the age of 82.
Released on Mar 28, 2024
An article on proposed amendments to Switzerland’s anti-money laundering and sanctions framework by Matthias Gstoehl and Benoit Mauron.
Released on Mar 27, 2024
The Australian Government has proposed significant changes to the regulation of overseas companies seeking to provide financial services to clients in Australia, as this article explains.
Released on Mar 20, 2024
In the Turkish finance sector, digital banks offer a plethora of advantages, including cost savings, convenience and technological innovation, making them increasingly popular among consumers seeking efficient and accessible banking solutions. However, these advantages come with their own set of drawbacks, such as limited physical presence, security concerns and potential challenges for certain demographics. This article discusses the consumer protection regime that applies to digital banking.
Released on Mar 20, 2024
The judgment from the Judicial Committee of the Privy Council (the ‘JCPC’) in the case of Stanford Asset Holdings Ltd (Stanford) and another v AfrAsia Bank Ltd (2023) UKPC 35, delivered on 10 October 2023, has shed new light on the court's jurisdiction in respect of the question of whether Norwich Pharmacal relief is excluded by the statutory regime under the specific provisions of the Banking Act 2004.
Released on Mar 20, 2024
Recent developments in Romanian financial legislation concern the transposition of the Non-Performing Loans (NPLs) Directive into Romanian national law. Against the backdrop of an expired implementation deadline, attention has turned to two significant draft bills released for public debate. Firstly, a draft government emergency ordinance aimed to facilitate the transposition process. Secondly, a draft order issued by the National Bank of Romania, which mandates credit institutions to report on assigned NPLs.
Released on Mar 20, 2024
This article considers the adoption of legislation to protect whistleblowing in Italy, following international recommendations and obligations. The articles considers the history of whistleblowing legislation in Italy, before detailing Legislative Decree No 24.
Released on Mar 20, 2024
This article deals with permanent residency visas based on investments in real estate property in Brazil. Contrary to what may have been previously thought, Brazil’s federal legislation has a vast range of investment visas, which may grant permanent residency and a future path to nationality. Among these, it is worth mentioning the permanent residency visas based on investments in real estate property in Brazil. This sort of permanent residency was introduced under the Immigration National Council’s (Conselho Nacional de Imigração—CNIg) Legal Resolution No.36 of 2018.
Released on Mar 15, 2024
A report from the Regulation of Lawyers Committee covering a session at the 2023 IBA Annual Conference in Paris.
Released on Mar 15, 2024
An overview of the Mediation Act 2023. The Act provides for a comprehensive framework to promote and invigorate mediation as a successful mode of alternate dispute resolution.
Released on Mar 11, 2024
Mediation as a concept within law isn’t new. However, in the last two decades, the European Union has made great efforts to push mediation as an alternative to court- based litigation to achieve a “balanced relationship between mediation and judicial proceedings”. However, the general consensus is that we’re still far from this goal. Why is this, and what changes might recent laws have on the future of mediation as a resolution tool?
Released on Mar 11, 2024
Focusing on beating your adversary and 'winning the mediation' rather than obtaining the best result for your client ignores the nature of negotiation—agreement is voluntary.
Released on Mar 10, 2024
The financial industry in Pakistan is rapidly evolving, offering a plethora of opportunities while also posing distinct problems. This expansion is fuelled mostly by technical improvements, a young and tech-savvy population and a favourable regulatory framework. However, the legal landscape surrounding fintech in Pakistan is complex, with various regulatory bodies and legal instruments. This article examines the legal framework, prospects and obstacles in Pakistan’s fintech sector, including legislative analysis and examples of emerging technologies.
Released on Mar 7, 2024
In November 2023 the IBA Council approved the Updated Guidance at the IBA Annual Conference in Paris.
Released on Mar 5, 2024