It’s not news that globalisation and technology have revolutionised the market, increased competition and put pressure on labour market. However, this context places the employees of outsourcing services and the employees of potential clients in an increasingly delicate situation. Last year, the Portuguese legislator implemented two (not so straightforward) measures to protect both groups: applicability of client's collective regulation to outsourced employees and limitation of outsourcing after collective redundancies. The implementation and effects of this are still unclear and waiting for court rulings. Nonetheless, there is an urgent need to clarify the rules to better protect employees and their rights.
Released on Sep 12, 2024
We are delighted to welcome you to this special edition of the IBA Arbitration Committee newsletter, which celebrates 25 years of Annual IBA Arbitration Days.
Released on Sep 12, 2024
this edition contains ten articles from co-chairs of past IBA Arbitration Days and offers their reflections on the evolution of international arbitration through the lens of the events that they chaired. The articles traverse the dynamism of our field and the continued relevance of the discussions that have taken place during IBA Arbitration Days. We have also included a link to a short video featuring twelve of the former chairs and co-chairs that was shared with the arbitral community at the 25th Annual IBA Arbitration Day in Singapore.
Released on Sep 12, 2024
This video, which was prepared for the 25th Annual IBA Arbitration Day in Singapore on 23 February 2024, celebrates the quarter of a century that the Arbitration Day has been held. David Rivkin and Wolfgang Kühn, co-chairs of the first Arbitration Day in 1997, together with ten other chairs and co-chairs from the event’s history, reflect on the diverse topics covered in previous editions, consider the impact that the Arbitration Day has had on the development of arbitration across the world, and share their ambitions for its future.
Released on Sep 12, 2024
What is a deliberation? Should it be structured or otherwise regulated? Should there be transparency in the tribunal’s deliberative process? Can there be a good award without a well-structured and organized deliberation? Should there be a status of the dissent? This article addresses how the 2013 IBA 16th Arbitration Day debated these fascinating issues which still are at the core of the most fundamental stakes of modern international arbitration.
Released on Sep 12, 2024
The determination and allocation of cost in international arbitration was a hot topic at the first IBA International Arbitration Day in 1997. It reflected a clash between civil law and common law procedural rules in international arbitration and no general view or opinion with respect to recovery of cost had yet been established. This situation has not substantially changed to this day and the “Recovery of Third Party Funding in International Arbitration” is still a hot topic affecting the basis of international arbitration for its users as well as the international business community. It is also a key issue that might affect corner stones of international arbitration, which are predictability of risk (including cost risk) and enforceability of cost awards. In dispute in particular is whether laws and rules should be amended to prohibit the recoverability of third party success-contingent premiums or fees.
Released on Sep 12, 2024
This article presents Bernardo Cremades' reflection on the profound implications of the discussions that took place during the 2002 International Arbitration Day in Brussels, an event over which the author presided. It specifically focuses on the repercussions these discussions have had on the legal landscape of corporate arbitration.
Released on Sep 12, 2024
Nearly a decade has passed since the IBA Arbitration Day in Shanghai in March 2016, the first and to date only IBA Arbitration Day held in the People’s Republic of China. Multiple speakers expressed the view during the conference that, as a jurisdiction that is rapidly globalizing with an international outlook, China’s place in the international arbitration community was established and would only expand in importance. Justice Shen Hongyu of the People’s Supreme Court gave an address describing China as an enforcement-friendly jurisdiction. Not long after the 2016 IBA Arbitration Day, one commentator addressed how China might soon become an ‘international arbitration superpower’. Today, in 2024, we reflect on whether these expectations have been met. The answer is: more ‘no’ than ‘yes’.
Released on Sep 12, 2024
Samaa Haridi: The International Bar Association’s 23rd Annual Arbitration Day, which I had the honor of co-chairing in Istanbul in 2022, focused on a theme that has become increasingly significant: "Innovation 360: New and Novel Ideas for the Practice of Arbitration." As we navigate the complex and evolving field of international arbitration, one thing is clear—technology is revolutionizing the way we resolve disputes, bringing efficiency, accessibility, and transformative change to our practice. Although disputes are an inevitable part of global commerce, we now have the tools to handle them in ways that were previously unimaginable. Arbitration, already a preferred alternative to litigation for its flexibility and efficiency, is on the cusp of even greater innovation. This article explores the ways in which technology is driving this change and how the arbitration community can thoughtfully embrace it.
Released on Sep 12, 2024
Claus von Wobeser, Arbitration Committee Chair 2005-2006 and organiser of the IBA Arbitration Day during that time, reflects on the evolution of international arbitration and the role of the IBA in supporting its development.
Released on Sep 12, 2024
David W Rivkin: As I look back on the programs for the first and second IBA International Arbitration Days, I am struck by how relevant the programs would remain today but also by how much the practice of international arbitration has changed.
Released on Sep 12, 2024
Anne-Veronique Schlaepfer: Evidence and its use in international arbitration is as relevant today as it was at the 20th Annual IBA International Arbitration Day in Milan. In this short article, I revisit the topics highlighted by the IBA Arbitration Committee and addressed by experienced and talented practitioners in our continued efforts for excellence in the practice of international arbitration.
Released on Sep 12, 2024
Julie Bedard: When we participated in the 22nd IBA Arbitration Day in March of 2019, few could have predicted the five years to come. A mere twelve months after the Conference, a global pandemic forced much of the world’s population into lockdown, taking millions of lives along the way. Two years later, Russia invaded Ukraine.
Released on Sep 12, 2024
Audley Sheppard KC: The theme of the 10th IBA International Arbitration Day held in Madrid in March 2007, being ‘The Role and Responsibilities of an Arbitrator’, is as relevant today as it was then.
Released on Sep 12, 2024
In Pakistan, intellectual property rights (IPRs) are safeguarded through a legal system which aims to protect and advance innovation, investment and creativity. Patents, trademarks, copyrights and industrial designs are some of the domains covered by the Pakistani IPRs regime. This article will highlight the methods of protection in terms of IPRs in Pakistan and will discuss the procedures relating to disputes related to the infringement of such rights.
Released on Sep 11, 2024
Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban on cryptocurrency usage or trading, the regulatory regime remains in a state of flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating the risks, such as foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.
Released on Sep 11, 2024
New legislation in Canada and Australia enables employees greater access to the ‘right to disconnect’ (RTD) from the workplace outside ordinary working hours. Different approaches are being adopted. In Ontario, Canada employers must develop a RTD policy for their organisation. The Australian Federal Government has opted for a more comprehensive and detailed RTD scheme that will apply to most employers.
Released on Sep 11, 2024
In the experience of the Working Group for the Site Visit Model Protocol (the ‘Working Group’), site visits can be a helpful procedural tool in international arbitrations. They serve two general purposes.
Released on Sep 10, 2024
This article aims to clarify the concept of tenant mix in shopping malls and to deal with the limitations and responsibility of the landlord or property manager when organising it. To this end, we bring information about a recent decision of the Brazilian Superior Court of Justice, when judging a tenant’s compensation claim, based on an alleged predatory tenant mix by the shopping mall manager, which authorised the lease of a new store, conducting similar business, close to the establishment of the tenant.
Released on Sep 9, 2024
Student residences fall outside the scope of the Austrian Tenancy Act and operators have more freedom in determining the contents of the lease. Student residences may be considered an attractive and lucrative asset class in Austria.
Released on Sep 9, 2024
The legal framework for real estate transactions and leasing real estate in Norway is predictable and transparent, as it is widely based on industry standards. The article provides a brief overview of doing business in the commercial real estate market in Norway.
Released on Sep 9, 2024
Real estate has long been a cornerstone of wealth creation, offering investors a tangible asset with the potential for steady income and long-term capital appreciation. In the context of India, real estate holdings constitute a significant portion of the wealth portfolio of several asset creators. However, in recent years, the real estate market in India has witnessed a significant surge in activity, propelling it to the forefront of investment options.
Released on Sep 9, 2024
This article deals with how the Brazilian legal framework addresses the possibility of encumbering a real property with a second fiduciary sale, whose effectiveness is subject to a suspensive condition corresponding to the termination of the original fiduciary sale.
Released on Sep 9, 2024
Land value tax is a wealth tax payable by landowners in Australia. It is one of three forms of taxation payable by real estate investors in Australia.
Released on Sep 9, 2024
As labour markets continue to evolve, lawyers and policymakers must reflect on whether the current legal framework is suitable for the new trends, needs, opportunities and challenges of the world of work or needs to align. This interview with Luigia Ingianni, who leaders the Employment Standards Office of the Qatar Financial Centre, considers such issues.
Released on Sep 9, 2024
When one hears of a trade union in the Indian context, one is often reminded of an overbearing political intervention in the affairs of the union, limited understanding of union leadership as regards business requirements and work responsibilities and slow-paced legislative reforms in bridging the gap between the actual and the expected role of unions. This article presents a picture of the above challenges and an opportunity to revisit the role of trade unions and see them as an important component of corporate governance.
Released on Sep 9, 2024
This article provides a view of the recent developments in Brazil regarding diversity and inclusion in corporate governance, based on ESG reporting obligations. Although progress has been made, studies on the matter highlight the need for further progress, especially in terms of women’s representation in leadership positions and inclusion of vulnerable groups, especially black and brown individuals. Consequently, ESG reporting may be used as a powerful tool to increase the representation of vulnerable worker groups, by developing targeted diversity and inclusion policies.
Released on Sep 9, 2024
While Brazilian labour courts historically resisted to uphold anything else to a typical employment, fully governed under the Brazilian Consolidation of Labour Laws (‘CLT’), a thorough reform to CLT, and recent shifts in labour dynamics (which continue underway), have influenced a review of such a traditional approach. These factors, among others, led the Brazilian Supreme Court to take a pro-business view, at odds with labour courts’ dominant stance. Tensions between labour courts and the Supreme Court mount, while both platform work regulation and a tax reform are on legislators’ agenda.
Released on Sep 9, 2024
The concept of the family foundation was introduced into Polish law based on the Family Foundations Act (FFA) of 22 May 2023. The concept of family foundation has been introduced as a new legal entity, which aims to manage property and assets in accordance with the founder’s intentions and plans, as well as providing the beneficiaries, who are often the founder’s closest family members, with benefits related to the foundation’s funds.
Released on Sep 9, 2024
The healthcare/life sciences sector is one of the most active for mergers and acquisitions (M&A). Panellists discussed a variety of related topics, including strategic drivers; where the opportunities and risks lie; regulatory trends; and practical aspects of getting healthcare deals done.
Released on Sep 9, 2024