Committee publications

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Revolutionising the board governance of environmental, social and corporate governance: voluntary constitution of ESG committees by Indian listed companies

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

Guantánamo Bay: an International Humanitarian and Criminal Law Perspective

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

Changing landscape of satellite communication laws in India

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

Rule against reflective loss: A comparative analysis of English and Dutch law

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

A letter from the Chair of the Central Regional Group of the IBA European Regional Forum.

Released on Dec 15, 2022

From the Co-Chairs - Litigation Committee, 2022

A word from the Co-Chairs of the Litigation Committee

Released on Dec 13, 2022

Co-editors note - Litigation Committee Newsletter, 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

My London - my Amsterdam (and a bit on Rozendaal) - get to know the Newsletter Editors

Get to know the Litigation Committee's Newsletter Editors and their home cities!

Released on Dec 13, 2022

A litigious climate - reports from the IBA Litigation Committee Annual Litigation Forum 2022, London, UK

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

Diversity and inclusion: 10 who, what, why, how and when questions to Tiernan Brady, Global Director of Inclusion at Clifford Chance

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

Interview with Christopher Vadja KC

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

Winning essay of the 2021-2022 law undergraduate essay competition of the International Law Book Facility

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

Climate trials: Legal challenges of a new era – view from France

The magnitude of climate damage has led to worldwide action. Faced with the global nature of a phenomenon that defies borders, with the appearance in the courts of subjects deprived of legal personality (nature, future generations) or with the difficulty of apprehending causality, the law is called upon to reinvent itself. These difficulties do not stop plaintiffs: the multiplication of climate litigation is a major phenomenon in the legal sphere. The French judge, who has one of the most sophisticated intellectual constructs in the world, has the means to provide innovative responses to the challenges it faces. Climate litigation represents a laboratory for judges and lawyers.

Released on Dec 13, 2022

The Sharma case – a false start for climate change negligence litigation in Australia

In May 2021, the Federal Court of Australia recognised, for the first time in Australia, that a government decision-maker owes a duty of care in negligence to Australian children with respect to the harm caused by the climate change impacts of decisions made under the Environment Protection and Biodiversity Conservation Act 1999. However, in March 2022 this decision was overturned on appeal by the Full Court of the Federal Court of Australia. This article explores the reasoning of the Full Court, the implications of its decision and possible ways forward for similar climate change litigation in Australia.

Released on Dec 13, 2022

Stop scrolling and read the Ts and Cs: Arbitration agreements in crypto disputes

A recent English High Court decision concerning a non-fungible token (NFT) auction has brought into focus the use of arbitration agreements in crypto disputes. It is a caution to crypto and NFT holders worldwide, who may find themselves bound to arbitrate their disputes with crypto exchanges and NFT marketplaces in a foreign jurisdiction and applying a foreign law.

Released on Dec 13, 2022

Preliminary witness hearings in the Netherlands

This article aims to introduce the concept of the preliminary hearing of witnesses of fact in the Netherlands (expert witness evidence is outside the scope of this article). This procedural possibility allows parties to hear witnesses in proceedings, separate from or prior to proceedings on the merits (if any).

Released on Dec 13, 2022

Russia sanctions: time to seize the day?

Russia’s invasion of Ukraine prompted the UK to deploy an unprecedented package of sanctions. Hundreds of individuals, from well-known oligarchs to members of the Duma, had their assets frozen. Real estate, vessels and even Chelsea FC became targets for restrictions; new sanctions continue to be introduced at pace. Despite this unprecedented action, there are real issues in enforcing sanctions in practice.

Released on Dec 13, 2022

The Economic Crime Act: the new register of overseas entities and asset tracing

The Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent in March 2022. introduced to strengthen and accelerate the way in which the UK imposes sanctions and tackles the proceeds of financial crime. However, since its introduction, doubts have been raised as to whether the Act will have an impact on the UK’s longstanding issues with dirty money.

Released on Dec 13, 2022

The era of environmentally and socially conscious entities: ESG in Cyprus

This article will provide an overview of European Union legal obligations on entities to report and disclose information on issues which relate to society and the environment with the added colour of ESG, and how these have been applied in Cypriot law and in the practices of Cypriot corporate culture.

Released on Dec 13, 2022

The contingency fee revolution in Australia

The pandemic took much of the spotlight in 2020, but one of the most significant developments in the Australian class action legal market in that year was the introduction, for the first time, of contingency fees in Australia. This is noteworthy as Australia has historically deemed contingency fees unlawful across the nation. This is not, however, a nationwide lift of the prohibition; contingency fees are only available in one state, Victoria, and in one type of proceeding, a class action. Colloquially, this form of contingency fee is known as a ‘group costs order’ (GCO).

Released on Dec 13, 2022

Covid in court

A concises overview of the preliminary proceedings filed against the state of the Netherlands on the measures to fight Covid-19

Released on Dec 13, 2022

Digitally transforming our law firms: inspiration for small to medium sized firms

Takeaways from a panel at the IBA Annual Conference, Miami 2022.

Released on Dec 1, 2022

IBA War Crimes Committee shines a light on corporate liability cases

Released on Nov 25, 2022

Covid-19 and Court Procedures: An Access to Justice Report

Released on Nov 24, 2022

Key points from online workshop on recruitment and retention

Key points from online workshop on recruitment and retention, the changing expectations of young lawyers in Europe, 7 October 2022

Released on Nov 23, 2022

Summary of talk by Megan Sandler, Slaughter and May

A summary of a talk by Megan Sandler of Slaughter and May, given at the 5th IBA European Start-up Conference on 28 September 2022.

Released on Nov 23, 2022

Takeaways from the 5th IBA European Start-up Conference

A conference report on the 5th IBA European Start-up Conference, held 27–28 September 2022 in Dublin.

Released on Nov 23, 2022

Healthcare transactions: latest trends and potential challenges

Transactions related to the healthcare industry have been in the spotlight in the last few years. This sector has been responsible for the development of relevant technologies and for boosting the economy in different countries. This article aims to summarise the trends, advantages and legal challenges related to transactions in the healthcare ecosystem.

Released on Nov 14, 2022

Diversity session – 37th International Financial Law Conference

A report on a joint session of the Banking Law Committee and the Securities Law Committee at the 37th International Financial Law Conference in Venice, on the theme of diversity and inclusion.

Released on Nov 10, 2022

What ‘green’ means: the role of disclosure in sustainable finance in Singapore

This article focuses on the objectives and effects of environmental, social and governance disclosure, and its use by the Singapore Exchange and the Monetary Authority of Singapore, Singapore’s central bank and financial supervisory authority, as a calibrated regulatory tool in the sustainable finance sector.

Released on Nov 10, 2022