Committee publications

The Party Representation Guidelines’ tenth anniversary

Ten years ago, the IBA Council unanimously adopted the IBA Guidelines on Party Representation in International Arbitration. Yet, the Guidelines were at the time of their adoption harshly criticised within parts of the arbitration community. This article by Alexis Mourre, former Co-Chair of the IBA Arbitration Committee, considers those criticisms.

Released on Sep 3, 2023

Overriding importance of legal privilege reconfirmed by Belgian Constitutional Court in DAC-6 case

Legal professional privilege is not to be tampered with. It is a principle of such a fundamental nature that it imposes itself even on legislators. This is, in essence, the Belgian Constitutional Court’s message in its judgment of 20 July 2023 in a matter initiated by the Order of Flemish Bars (Orde van Vlaamse Balies or OVB) and other petitioners against the Flemish regional implementation decree of the DAC-6 Directive, as this article explains.

Released on Sep 3, 2023

Webinar summary: spotlight on the practice of debt enhancement in financial restructuring proceedings

: The IBA Banking Law Committee held a webinar on 11 July 2022 to discuss the practice of the enhancement of debt in financial restructurings from an international perspective. This article summaries the content of this webinar.

Released on Aug 28, 2023

Cryptocurrency – super asset or ‘cryptonite’?

How cryptocurrency is conceived of as property or asset and different jurisdictions’ approach to restraints, forfeitures and seizures. This article will discuss how Australia, the UK and the US have identified and categorised cryptocurrency as an asset or as property and the implications of that classification for regulatory and enforcement outcomes.

Released on Aug 28, 2023

Proposed workplace fairness legislation in Singapore leaves LGBTQI+ employees unprotected

The Singapore government has recently announced that it will introduce a workplace anti-discrimination legislation in Parliament in the second half of 2024. Unfortunately, the proposed anti-discrimination legislation excludes prohibitions against discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC).

Released on Aug 28, 2023

France adopts new law prohibiting conversion therapies

At the beginning of 2023, France joined a handful of countries by adopting a specific law prohibiting practices aimed at modifying a person’s sexual orientation or gender identity, creating a criminal offence, with a clear definition and scope of conversion therapies. The Public Health Code was also amended accordingly.

Released on Aug 28, 2023

Marriage equality and Indian employment law

The movement towards securing rights for the LGBTQI+ community in India has been a subject of both progress and challenges. For years, the LGBTQI+ community has strived to attain recognition, equality and non-discrimination. In recent years, there has been tremendous progress in recognising rights of LGBTQI+people in India, and a growing awareness of the importance of inclusivity and diversity.

Released on Aug 28, 2023

The Supreme Court of Canada’s decision in Hansman v Neufeld

This article discusses a defamation lawsuit around an initiative to equip educators with resources to teach students about sexual orientation and gender identity in the jurisdiction of Canada.

Released on Aug 28, 2023

Brazil’s General Data Protection Law and diversity and inclusion initiatives in the legal sector

This article discusses the interactions between diversity and inclusion (D&I) initiatives within organisations, particularly those focused on the LGBTQI+ community and legal obligations related to the protection of personal data and sensitive personal data.

Released on Aug 28, 2023

A ray of hope: proposed decriminalisation of LGBTQI+ rights in Sri Lanka

As the law currently stands in Sri Lanka, there is no direct constitutional protection granting equality to the LGBTQI+ community, and sections 365 and 365A of the Penal Code penalise same-sex relationships. These laws, along with cultural and social stigmas, result in the LGBTQI+ community in Sri Lanka facing all forms of discrimination. Against this background, LGBTQI+ rights activists in Sri Lanka have been campaigning for years to change the discriminatory laws.

Released on Aug 28, 2023

New and enhanced framework for combating corruption in the EU on the horizon

On 14 September 2022, European Commission President, Ursula von der Leyen, gave the State of the European Union address, highlighting, among other topics of interest, that the battle against corruption is set to be strengthened within the European Union by means of a new set of regulations.

Released on Aug 22, 2023

World Press Freedom Index by Reporters Without Borders

This report primarily highlights the immediate and very concerning threats that fake content industry with AI technology, as well as political and social upheavals, poses to journalism around the globe.

Released on Aug 22, 2023

Report from 19th Annual IBA Anti-Corruption Conference – Panel 8

A report on a session from the 19th Annual IBA Anti-Corruption Conference, held 13–14 June in Paris, France.

Released on Aug 22, 2023

Report from 19th Annual IBA Anti-Corruption Conference – Panel 3

A report on a session from the 19th Annual IBA Anti-Corruption Conference, held 13–14 June in Paris, France.

Released on Aug 22, 2023

New regulation on whistleblowing in Italy: the role of the Supervisory Body and coordination with internal group reporting channels

On 9 March 2023, The Council of Ministers approved Legislative Decree 24/2023, which transposes the European Union Directive on the ‘Protection of individuals who report violations of EU regulations’ into Italian law.

Released on Aug 22, 2023

Impact of the Foreign Subsidies Regulation on Chinese enterprises

As early as the proposal and legislative stage of the Foreign Subsidies Regulation (FSR), the European Union's antitrust commissioner specifically proposed that the establishment of the legislative system on foreign subsidies was intended to address Chinese state-owned enterprises’ (SOEs) more unfair competitive advantage than European counterparts’.

Released on Aug 22, 2023

Frequently asked questions regarding the National Security Review of Foreign Investment in China

This article focuses on some of the frequently asked questions regarding the National Security Review for foreign investment in China. It aims to assist prospective cross-border investors and other potential foreign investment stakeholders to better understand the national security review regime in China.

Released on Aug 22, 2023

Comparative analysis of the ‘Interim Administrative Provisions on the Generative Artificial Intelligence Services and the Draft for Comments’

On 13 July 2023, the Cyberspace Administration of China (hereinafter referred to as ‘the CAC’), together with six other ministries in China, issued the ‘Interim Administrative Provisions on the Generative Artificial Intelligence Services’

Released on Aug 22, 2023

The right to be forgotten in Pakistan

This article shall discuss the fundamental rights to privacy as enshrined in the Constitution of Pakistan 1973 and the legal mechanisms to maintain privacy through the erasure of personal data as provided in the Personal Data Protection Bill 2023.

Released on Aug 22, 2023

New regulations and trends on China’s private investment fund industry in 2023

The year 2023 outlines a critical juncture in the compliance journey within China’s private investment fund sector, characterised by two new regulations from the Asset Management Association of China and the State Council. We examine the main changes under the newly implemented framework.

Released on Aug 22, 2023

US Supreme Court weighs in on fair use involving Andy Warhol print of Prince photograph

The Supreme Court of the United States issued earlier this year its long-awaited ruling in the dispute between the photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on 18 May. The Court ruled that the Foundation’s delivery to Condé Nast in 2016 of an Andy Warhol silkscreen from 1984 based on a photograph taken by Goldsmith of the musician Prince in 1981 did not qualify for the defence of fair use under the US Copyright Act’s provision that allows for that, 17 USC section 107.

Released on Aug 22, 2023

New tax developments in Turkey

In 2023, new tax increases were introduced in Turkey, while some tax exemptions were removed and an additional motor vehicle tax was introduced. These amendments include contradictions to some tax law principles, as this article explains.

Released on Aug 17, 2023

Brazil’s consumption tax reform: what can be expected?

On 6 July 2023, the Brazilian House of Representatives approved the Constitutional Amendment Bill No 45/2019 (Consumption Tax Reform) after two plenary voting rounds. The bill is set to overhaul consumption taxation and reform specific aspects of wealth taxation. This article presents an overview of the Consumption Tax Reform under discussion before the Brazilian Congress, and addresses the main concerns and expectations related to its approval and future execution.

Released on Aug 17, 2023

The Common Heritage of the International Arbitration Community: An IBA Arb40 Competition for the Most Meaningful Personal Stories

This competition gathers ten meaningful stories about our experiences as international arbitrators in a unique compendium, available for download.

Released on Aug 16, 2023

Russia-Ukraine crisis - IBA hub

On this page you will find our statements on the situation and Global Insight coverage of this and related issues in the form of articles, podcasts and films

Released on Aug 15, 2023

IBA Guidelines on Conflicts of Interest in International Arbitration: brief account of the review process and of special interest issues

The IBA Guidelines on Conflicts of Interest in International Arbitration were originally published in 2004 and reviewed ten years later. This article by David Arias, Chair of the Conflicts of Interest Subcommittee in 2012 which reviewed the Guidelines, recalls the process

Released on Aug 15, 2023

Asset recovery in Pakistan: a call for international cooperation

There are substantial difficulties regarding asset recovery in Pakistan. Collaborations between global institutions, such as the United Nations Office on Drugs and Crimes (UNODC), the Financial Action Task Force (FATF) and INTERPOL, aim to curb this issue. Efforts to counter this problem include promoting national policies for tracing, seizure and confiscation of criminal assets, as well as enhancing operational cooperation and information sharing. This article will discuss the policy framework under the National Accountability Bureau Ordinance 1999 (‘Ordinance’).

Released on Aug 14, 2023

Obtaining the right evidence—the key to successful recovery in civil fraud litigation in England and Wales

The article discusses key applications available in England and Wales to obtain disclosure to assist with asset tracing and fraud claims.

Released on Aug 14, 2023

Asset recovery in cases of cross-border fraud in Polish law – new solutions and opportunities regarding bank liability

This article deals with the issue of recovering funds which are lost in connection with cross-border fraud, in particular, through the simultaneous conduct of criminal and civil proceedings, with particular emphasis on the possibility of holding the bank liable.

Released on Aug 14, 2023

The ‘Spanish Saga’ in the Antin case and beyond: award recognition and asset recovery in EU investment arbitration

The article discusses the impact of the High Court of London award in the Antin case in the context of the Achmea and Komstroy doctrines.

Released on Aug 14, 2023