Committee publications

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

In the beginning was chaos (or: The creation of the IBA Guidelines on Conflicts of Interest in International Arbitration)

Otto L.O. de Witt Wijnen, chairman of the Working Group on the Guidelines (2002-2004) explains the origins and drafting of the Guidelines

Released on Aug 13, 2023

Power Law: Editorial August 2023

John Vellone, Newsletter Editor of the IBA Power Law Committee introduces the latest collection of articles from Committee members.

Released on Aug 11, 2023

Poland: European Union’s energy market in the spotlight – EU’s proposal for changes

The Russian invasion of Ukraine triggered an energy crisis and raised major concerns over the appropriateness of the current European Union’s energy market architecture. New EU legislation intends to promote long-term corporate power purchase agreements (cPPAs) as instruments that facilitate new investment in renewable energy source (RES) installations and stabilise energy costs for end-users.

Released on Aug 11, 2023

Peru: The impact of Ukraine’s invasion on the energy industry

Covid-19, high levels of debt and increasing interest rates, the invasion of Ukraine and the ghost of a nuclear war: the imminent arrival of El Niño Global. These are some of the reasons that more and more analysts use the word ‘polycrisis’ to refer to the situation in which the effects of several problems of different natures or origins are bundled up and strengthened. Some analysts, though, have started using a far eerier word: ‘permacrisis’.

Released on Aug 11, 2023

Canada: The expected (and unexpected) consequences of the Russo-Ukrainian war on the power sector

The impact of the Russo-Ukrainian war on the power sector in Canada was most acutely felt through an increase in the cost of fossil fuels, including natural gas, which through the operation of thermal power plants acting as the marginal source of supply in numerous energy markets drove an increase in wholesale market pricing across North America.

Released on Aug 11, 2023

Portugal: Short notes on the ‘Iberian exception’ – a gas price cap to lower wholesale electricity prices

The disruption caused globally by the Russo-Ukrainian conflict, which started on 24 February 2022, was acutely felt on various economic fronts. One of the most visible impacts – the humanitarian crisis aside – concerned the energy markets.

Released on Aug 11, 2023

Pakistan: Impact of the Russo-Ukrainian war on the power sector

The Russo-Ukrainian war has, among others, exacerbated the energy crisis, especially for countries that do not independently produce much of their energy, such as Pakistan. This article will discuss the impacts of the Russo-Ukrainian war on the power sector in Pakistan and what the country can do to increase self-reliance to mitigate the energy crisis.

Released on Aug 11, 2023

Thailand: The impact of the war in Ukraine on the power sector

The war in Ukraine has been a factor in recent regulatory changes in Thailand that promote market liberalisation and increased renewable energy deployment. Although the war may not be the decisive factor behind these trends, it has accelerated their development. The foundations of third-party access regimes, new merger control rules and a large-scale renewable energy tender are examples of legal and regulatory initiatives in the past year; it is likely that greater liberalisation and promotion of renewable energy will continue to be themes in the foreseeable future.

Released on Aug 11, 2023

Law and individual rights content

Committee content from law and individual rights.

Released on Aug 7, 2023

A review of the worldwide marketplace (2023)

This session included a look at the key factors leading to the current downturn in M&A, namely availability of financing (which is at its most expensive since the global financial crisis); valuations (equity valuations reasonable on a current basis, but there is a gap in buyer/seller expectations); and boardroom/CEO confidence (decision-makers need confidence in their ability to predict the future – this is very hard now as there no consensus, and this stifles M&A activity).

Released on Aug 6, 2023

Technology M&A (2023)

Technology transactions and technology itself have been a huge factor in global M&A, and corporate law and governance, over the last few years. During this panel discussion, speakers broadly discussed technology M&A, including: the latest deals, complications and lessons learned; the impact of macro trends on tech M&A; and the impact of technology in M&A, including cybersecurity, privacy, and foreign investment reviews of technology transactions.

Released on Aug 6, 2023

Overview table: periods of limitation applicable to artworks transactions – France, Hungary, Italy, New York (US)

An overview of periods of limitation application to artworks transactions in France, Hungary, Italy and New York

Released on Aug 3, 2023

Time limitations in misattribution cases – Italy

Under Italian law buyers of artwork that have proven to be fake or misattributed have three remedies available, which are subject to very different time limits (from one to ten years) and may determine very different results in favour of a successful plaintiff.

Released on Aug 3, 2023

Limitation rules governing misattribution of artworks: a New York perspective

We often hear in the news about paintings whose attribution has changed as a result of new information or renewed scholarship with respect to an artist’s work. An artwork’s attribution may even change multiple times in the span of decades – with the attribution going back and forth.

Released on Aug 3, 2023

Misattribution of artworks: causes of action and limitation period – Hungary

Under Hungarian contract law, the buyer of an artwork that turns out to be misattributed can void the contract of alternatively can pursue a claim for breach of contract.

Released on Aug 3, 2023

France: statutes of limitations and cancellation of sale

The statutes of limitations applicable to different actors in the art market lack harmonisation. While both sellers and buyers are subject to the standard statute of limitations, auction houses and their experts benefit from a shorter five-year statute of limitations from the date of the auction.

Released on Aug 3, 2023

US Second Circuit Court of Appeals decision emphasises the need for diligence by art purchasers claiming fraud in authenticity disputes

A recent decision cautions that art buyers who fail to conduct minimal diligence in the face of red flags may be foreclosed from claiming fraud over the misattribution of purchased artwork. In Greenway II LLC v Wildenstein & Co Inc, the Second Circuit Court of Appeals issued a summary order affirming the lower court’s decision to dismiss a buyer’s fraud claim over a painting’s authenticity as time-barred, where the buyer received appraisal reports disclosing that the painting had not been authenticated but failed to investigate until years later.

Released on Aug 3, 2023

Yemen, Syria & Afghanistan: Case Studies in International Law, Peace, Justice, and Sanctions in Armed Conflict

A report on the War Crime Committee’s ‘Yemen, Syria & Afghanistan: Case Studies in International Law, Peace, Justice, and Sanctions in Armed Conflict’ conference, which took place on 27 Jun 2023 in London.

Released on Aug 3, 2023

Chasing the ‘green’ dream: a brief snapshot on the implementation of SAFs and e-fuels in the aviation industry

A brief contemporary examination of the implementation of the use of Sustainable Aviation Fuels (SAFs) in the aviation industry.

Released on Aug 2, 2023

Unconventional approaches to ESG compliance in Pakistan

ESG compliance has emerged as the standard by which companies' environmental, social and governance (ESG) practices are evaluated. Companies employ diverse methods to ensure ESG compliance, emphasising the growing importance of social responsibility. This article aims to highlight the laws and policies for companies in Pakistan that promote ESG compliance through unconventional means.

Released on Jul 31, 2023

Taxation of free zone persons under the new UAE corporate tax

Following the enactment of Federal Decree Law No 47 of 2022, the United Arab Emirates’ federal corporate tax has now officially come into effect for financial years commencing on or after 1 June 2023. Against this backdrop, this article briefly considers the topical issue of free zone taxation under the new UAE corporate tax regime.

Released on Jul 31, 2023

The in-house perspective on legal ops and new tech tools reshaping legal services

A conference report on the ‘The in-house perspective on legal ops and new tech tools reshaping legal services’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 27, 2023

Is fake news the new elector? Is social media the new press? Impact on the legal industry and investments in Latin America

A conference report on the ‘Is fake news the new elector? Is social media the new press? Impact on the legal industry and investments in Latin America’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 27, 2023

Venture capital investments in Legal Tech and the technology industry

A conference report on the ‘Venture capital investments in Legal Tech and the technology industry’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 27, 2023

Innovation, technology and the rule of law

A conference report on the ‘Innovation, technology and the rule of law’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 27, 2023

M&A and tech in Latin America: how will unicorns (existing and up-and-coming) confront a changing investment landscape?

A conference report on the ‘M&A and tech in Latin America: how will unicorns (existing and up-and-coming) confront a changing investment landscape?’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 27, 2023

Emerging legal issues in the metaverse: new digital horizons for businesses

A conference report on the ‘Emerging legal issues in the metaverse: new digital horizons for businesses’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 27, 2023

Tech or no tech? There is NO question. Lawyers cannot afford not to resort to new technological tools

A conference report on the ‘Tech or no tech? There is NO question. Lawyers cannot afford not to resort to new technological tools’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023

Green software, AI and trusted data: the impact of technology in ESG

A conference report on the ‘Green software, AI and trusted data: the impact of technology in ESG’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023