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The IBA’s response to the situation in Ukraine
This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.
Released on Feb 17, 2023
The fear of being deprived of access to healthcare during the Covid-19 pandemic was clear. In Brazil, people have access to healthcare through the Unified Health System or through private healthcare plans, which generally tends to offer a better quality of healthcare services.
Released on Feb 13, 2023
This is certainly the case for the WLC as we reflect on all of the incredible experiences and pro-jects that last year comprised, including hosting the 9th World Women Lawyers' Conference in Copenhagen (with around 200 participants!), hosting a lovely lunch and leading 3 insightful panels during the IBA Annual Conference in Miami, launching and promoting the very well-received Mentorship Toolkit
Released on Feb 7, 2023
In the wake of new provisions for space activities in the Brazilian legal framework, national authorities enacted a third part of the Brazilian Space Regulation focused on insurance requirements for private companies that seek to promote space launch or re-entry activities from the Brazilian territory. This article aims to explore some of the features and conditions established by the Brazilian regulation amidst the expectations that it will further contribute to the development of the Brazilian space sector.
Released on Jan 23, 2023
In November 2022, the Japanese Government authorised the private company iSpace to conduct commercial activities on the moon, including the extraction of regolith and its subsequent sale for profit to the United States' National Aeronautics and Space Administration (NASA).
Released on Jan 18, 2023
This report outlines some of the topics discussed by panellists at sessions organised by the Anti-Corruption Committee at the IBA Annual Conference, Miami, 2022.
Released on Jan 13, 2023
In this episode, Sara Carnegie, IBA Legal Projects Director and Beatriz Martinez, project lawyer, speak with current Senior Partner of Freshfields Bruckhaus Deringer, Georgia Dawson, the first woman to be appointed to this position within a Magic Circle Firm.
Released on Jan 11, 2023
The Anti-Corruption Law was first regulated, at the federal level, by Decree No 8,420 of 18 March 2015. On 12 July 2022, more than seven years later, Federal Decree No 11,129 of 11 July 2022, which regulates Anti-Corruption Law and repeals Decree No. 8,420/2015, was published by the Brazilian government. This article provides a detailed overview of the new Decree.
Released on Jan 3, 2023
Law No 2016-1691 of 9 December 2016 on transparency, the fight against corruption and modernisation of economic life (Sapin II Law) requires certain companies to take measures to prevent and detect acts of corruption or influence peddling.
Released on Jan 3, 2023
Directors and officers are at risk of personal liability under the US Foreign Corrupt Practices Act and UK Bribery Act arising out of bribery-related misconduct in overseas corporate operations. These risks are heightened when it comes to operations in bureaucratic and corruption-prone countries. This article considers enforcement hot spots in India as well as potential precautionary measures to mitigate risks.
Released on Jan 3, 2023
This article analyses the challenges which might be faced when conducting interviews in the context of internal investigations in Latin American countries. It also provides an insight into some of the best practices to adopt when conducting such interviews
Released on Jan 3, 2023
In the anti-corruption compliance field, when we conduct internal investigations and subsequent root cause analyses, we seek to identify each critical point of failure that led to the undesired or improper conduct. This article considers the Itaewon disaster and subsequent responses from this perspective.
Released on Jan 3, 2023
The regulation of virtual assets, which seemed unchartered territory only a few years ago, is increasingly gaining the attention of government authorities. In this regard, many governments worldwide have recently decided to strengthen their supervision and regulation of such assets – especially in view of growing concerns relating to investor and market security.
Released on Jan 3, 2023
This article analyses the latest revisions to the Monaco Memo and their possible implications for Indian companies and offers guidance on how to navigate the changes.
Released on Jan 3, 2023
Construction Law International is the magazine of the IBA International Construction Projects Committee. Launched in March 2006 and published quarterly, it is a thought-provoking magazine with a balance of substantive and practical articles and news that anyone involved in the international construction industry will wish to read.
Released on Dec 28, 2022
This article is an update on the regulation of the legal practice in Ethiopia. It briefly covers the historical development and focusses on the current system while presenting and reflecting on the new law opening the door for the establishment of Limited Liability Partnerships in Ethiopia.
Released on Dec 21, 2022
The Thai Securities and Exchange Commission (SEC) has taken numerous steps to strengthen and expand the regulatory regime covering digital asset operators in Thailand. This has resulted in several enforcement actions against violators, including issues in connection with fabricated information on the trading volume of digital assets on a digital asset exchange.
Released on Dec 21, 2022
Earlier this year, the Cour de Cassation handed down Belokon v Kyrgyzstan (Cass. Civ. 1st, 23 mars 2022, n° 17-17.981). The Court’s decision appears to indicate that French courts are prepared to take a more interventionalist role in setting aside arbitral awards, where public policy concerns are raised. An interesting comparison can be made with the position in Mauritius following Betamax Ltd v State Trading Corporation [2021] UKPC 14.
Released on Dec 21, 2022
There is a discernible trend of Indian listed companies suo moto constituting ESG committees of its board of directors and/or management to focus on ESG-related aspects and to strengthen their commitment to ESG. This piece discusses this trend in the making.
Released on Dec 21, 2022
Over 120 participants attended a panel hosted by the War Crimes Committee of the International Bar Association (IBA) on Thurs, 8 December 2022 to discuss Guantánamo Bay from an international humanitarian and criminal law perspective.
Released on Dec 21, 2022
The Indian satellite communications sector is at a turning point in the wake of various developments set to eliminate the regulatory hurdles faced by the industry so far. In this article, we briefly discuss the various issues that have historically plagued the sector and the proposed measures adopted by the Indian government to address them.
Released on Dec 19, 2022
The rule against reflective loss has been formulated and applied in case law to date in both England and Wales, and the Netherlands. The suggestion that the rule is driven by an intention to avoid double recovery has been rejected in England and Wales, pursuant to the recent Supreme Court judgment in Marex. The avoidance of double recovery is, however, one of the considerations upon which the rule is based in the Netherlands. While there are currently no exceptions to the rule in England and Wales, there is an exception under Dutch law, essentially, where the wrongdoer has breached a specific duty of care owed to the shareholder.
Released on Dec 19, 2022
A letter from the Chair of the Central Regional Group of the IBA European Regional Forum.
Released on Dec 15, 2022
A word from the Co-Chairs of the Litigation Committee
Released on Dec 13, 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
Get to know the Litigation Committee's Newsletter Editors and their home cities!
Released on Dec 13, 2022
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
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
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
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