Committee publications
A Singapore law overview of public policy exceptions to major international treaties and conventions on shipping, transportation and arbitration
Singapore follows a dualist approach to international conventions and treaties. Under that approach, Singapore's international law obligations do not create independent rights, obligations, powers or duties unless and until transposed into domestic law by enabling legislation
Released on Aug 19, 2024
Understanding the potential scope of the public policy exception to the Beijing Convention on the international effects of the judicial sale of ships
On 7 December 2022, the United Nations adopted a Convention on the International Effects of Judicial Sale of Ships (the 'Beijing Convention'). At its core, the Beijing Convention seeks to establish that a purchaser of a vessel sold by judicial sale would receive a certificate of judicial sale and clean title in every state that has adopted the new regime.
Released on Aug 19, 2024
Legal framework for cloud services procurement
To guarantee openness, equity and effectiveness, cloud service procurement requires a carefully planned process. In order to procure cloud services, a request for proposal (RFP) document outlines the legal and procedural framework. This article focuses on important elements like eligibility requirements, proposal submission and evaluation processes, general and special conditions of contract, and dispute resolution mechanisms.
Released on Aug 18, 2024
AI regulations – a rising global issue: an Australian perspective
Artificial intelligence (AI) technologies deployed in Australia largely originate from China, Europe, Japan and the US with these countries being the innovators in the AI field having the highest patent filings globally. The Australian Government has recognised that to take advantage of globally supplied AI technologies and to support safe AI development and adoption, regulatory and governance frameworks are required that are consistent with global regulatory approaches. Australia is a participant in a number of global forums on AI regulation and governance.
Released on Aug 18, 2024
Global M&A hot topics (2024)
This IBA panel discussion on global mergers and acquisitions (M&A) hot topics involved a comprehensive examination of the current trends and future predictions in this dynamic field. The conversation covered a wide range of subjects, from regulatory changes and geopolitical developments to the growing importance of environmental, social and governance factors in deal-making.
Released on Aug 18, 2024
Developments in public company M&A and securities law (2024)
The panel offered valuable perspectives on the advancements in public company mergers and acquisitions (M&A) and securities law globally. The discussion focused on three key areas: forum shopping, public to private transaction developments and trends and hostile activity and defences. The panel explored how these topics are reshaping the public M&A landscape and securities laws across Asia, Canada, Europe and the United States.
Released on Aug 18, 2024
Class actions in Argentina – recent cases linked to private health plans
Argentina doesn’t have any particular legislation related to class actions, although isolated clauses in the Consumer Act and the Environment Act refer to them. In spite of this, Argentina is flooded with class actions, especially focused on consumer law matters. Businesses in many sectors have been sued, such as banks, credit card issuers, retailers, supermarkets, insurance companies, airlines companies, health companies and so on. As a consequence of the absence of particular legislation that guides class actions, the Supreme Court of Justice urged the Argentinian parliament to legislate for an adequate process to give certainty to the parties participating in them.
Released on Aug 15, 2024
IBA Annual Conference: top tips, Business Development and Marketing Subcommittee guide, September 2024
Released on Aug 12, 2024
Interactive workshop one: selected corporate governance topics (part I), 13 May 2024
After a brief introduction of the six main topics and the corresponding moderators by the chairpersons, the auditorium was divided into a total of 12 tables, two tables with one moderator per topic. The moderators had each prepared their topic in advance with a list of questions so that the results of the two tables per topic were comparable. The results were then compared and summarised by the moderators after a discussion lasting around 30 minutes. The results thus obtained were then presented by the moderator teams for each topic.
Released on Aug 11, 2024
Report – 8th IBA Global Entrepreneurship Conference: Venturing and Discovering Overseas Markets
Shaw writes up a report of the ‘Trends in corporate and venture capital to fuel growth of disruptive businesses’ session form the 8th Annual IBA Global Entrepreneurship Conference. Shaw provides a helpful breakdown of the panellists’ insights and responses to questions given during the session.
Released on Aug 11, 2024
A general counsel’s view: supporting business and hedging risks in overseas markets
In this session, a panel of general counsel shared insights on how they are safeguarding business operations in overseas markets and how legal strategies can be used to effectively hedge risks, ensuring a robust legal framework that fosters success in the international field. More precisely, the question addressed by the Co-Chairs was to find out ‘What is the work of the general counsel within the process of internationalisation of the business and how does it impact on the relationship with external counsel?’. The panel addressed compliance issues and how to manage risks, conflicts and litigation.
Released on Aug 11, 2024
Corporate investors: panel report
The panel discussed the benefits and perceived drawbacks of investments by strategic investors, as compared to traditional financial or sectorial venture capital (VC) investors. The speakers highlighted the difference in investment horizons, noting that strategic investors generally prefer longer term investments, while financial investors typically seek to exit the business after three to seven years.
Released on Aug 11, 2024
The new now: building resilience in a world where change is the only constant
Elke Geraerts is the founder and CEO of Better Minds at Work, an international consulting company supporting organisations in their wellbeing, performance and leadership. She has a PhD in psychology and held academic positions at Harvard University, the University of St Andrews, Maastricht and Rotterdam. She is the author of several bestselling books, such as Better Minds: How Insourcing Strengthens Resilience and Empowers Your Brain and The Mental Reset: How hybrid work and life strengthen your resilience.
Released on Aug 11, 2024
Inorganic growth through acquisitions and strategic alliances
The session focused on the expansion strategies of companies through acquisitions and alliances, emphasising the strategic and legal aspects that influence growth. It covered the motivations behind inorganic growth, such as increasing production capacity, accessing new markets and acquiring strategic assets. Trends in investment jurisdictions and sectors, including the impact of geopolitics, were examined. The discussion also highlighted the importance of cultural understanding and local legal expertise in managing cross-border transactions. The role of foreign direct investment (FDI) restrictions and how companies navigate these challenges was also addressed. Overall, the session provided insights into the complexities of inorganic growth and the factors that companies must consider when pursuing such strategies.
Released on Aug 11, 2024
The EU Corporate Sustainability Due Diligence Directive: key requirements and considerations around alignment with the UNGPs
The EU Corporate Sustainability Due Diligence Directive represents a significant step forward in the promotion of corporate accountability for human rights through regulation and, considering its extraterritorial reach, the legislation will have an impact outside of the EU. This article summarises the main requirements of the CSDDD, with particular focus on the requirements concerning human rights due diligence. It also highlights key areas of alignment between the CSDDD and the United Nations Guiding Principles on Business and Human Rights (UNGPs).
Released on Jul 30, 2024
Construction Law International (CLInt)
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 Jul 26, 2024
Project financing and risk allocation for construction projects in Nigeria: legal aspects and mitigation strategies
Released on Jul 25, 2024
From the Editors – Construction Law International – June 2024
Released on Jul 25, 2024
US mass arbitrations present new challenges prompting re-examination of class action waivers
Parties in the US including consumers and employees are bringing claims as mass arbitration, which is unique from class actions that have been the focus for many years. The new mass arbitrations present a unique challenge to companies, and call into the question whether and how to negotiate arbitration and class action waiver provisions in contracts.
Released on Jul 25, 2024
Comments on proposed changes to Brazilian collective litigation law
This article comments on two proposed changes to the Brazilian collective litigation law that may negatively affect due process rights: the introduction of a forum non conveniens doctrine and the possibility of court adjustments to the reliefs sought by plaintiffs.
Released on Jul 25, 2024
Private enforcement of competition laws in Brazil: the class action as a method of claiming damages arising from anticompetitive practices
New rules defining the start and expiry of the statute of limitations to claim damages arising from anticompetitive practices are expected to foster the use of class actions related to these issues in Brazil.
Released on Jul 25, 2024
Online bets regime in Colombia
Online bets have become one of the most interesting and lucrative markets of the entertainment industry. Nevertheless, the private sector operation is highly regulated in Colombia.
Released on Jul 22, 2024
Could we see another competition law tackle by the Court of Justice of the EU on football governing bodies?
An opinion, examining the compatibility of the FIFA transfer rules with EU competition rules, freedom of movement of workers and the Charter of Fundamental Rights, was handed down by Advocate General (AG) Maciej Szpunar of the CJEU on 30 April 2024. Whilst this is only the AG’s opinion and not yet the decision of the EU Court of Justice, we believe it is likely that the Court will follow the AG’s reasoning and conclusions.
Released on Jul 22, 2024
IBA committees
all the latest content covering developments in over fifty distinct areas of business and legal practice
Released on Jul 17, 2024
Climate Crisis Statement
This is the statement from the IBA about the climate crisis.
Released on Jul 16, 2024
Russia-Ukraine
showcasing analysis of developments including rule of law and international justice concerns
Released on Jul 16, 2024
European Fashion and Luxury Law Conference summary
The European Fashion and Luxury Law Conference, meticulously organised by the European Regional Forum (ERF) of the International Bar Association (IBA) in Milan on 23 April 2024, was a resounding success. The event, which was fully booked, showcased a remarkable assembly of speakers, each highly esteemed within the industry. These speakers brought with them a wealth of knowledge and expertise, which they shared across a series of discussions and presentations.
Released on Jul 14, 2024
Electrifying discussions: a recap of the 4th European Automotive and Mobility Services Conference
Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.
Released on Jul 14, 2024
IBA European Regional Forum annual retreat
Over the course of 16–18 May this year, the IBA European Regional Forum Officers, Council Members and Advisory Board Members held their annual retreat in sunny Santorini under the hospitality of gracious host and colleague Panagiotis Drakopoulos and Drakopoulos law firm who ensured that the event, dubbed ‘THE BIG RETREAT’, went off without a hitch.
Released on Jul 14, 2024
Professional growth and scenic beauty
The IBA European Regional Forum (ERF) recently hosted an exceptional conference in the picturesque setting of Santorini (huge thanks to the hosting law firm – Drakopoulos – for all their dedicated and hard work with this!). This event masterfully combined a series of compelling professional programmes with unique social activities, offering attendees the opportunity to engage deeply with both the legal landscape and the stunning vistas of Santorini’s past and present.
Released on Jul 14, 2024