Committee publications

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Residential leases: caps on indexation of rent in 25 different jurisdictions

This article looks at the approach of 25 different jurisdictions to caps on indexation of rent for residential leases. As residential lease contracts usually cover a long term, it is common to agree on an indexation of the rent to secure that the rent level follows the development of general cost of living. This way, a real estate investment has the potential to be an inflation secured investment.

Released on Oct 18, 2022

Register of overseas entities: considerations for property transactions in England and Wales

On 1 August 2022, the Register of Overseas Entities (the Register) opened in the UK, in accordance with The Economic Crime (Transparency and Enforcement) Act 2022. This article summarises the current key factors any overseas entity owning or intending to own property in the UK must consider – as there are different dates for Northern Ireland and Scotland, the position that follows is that for England and Wales.

Released on Oct 18, 2022

Contemplation of fractional ownership in India: A real estate regulatory perspective

Over the last few years, fractional real estate has become a buzz phrase among investors involved in India’s real estate market. Given the rising interest in this subject area, this article presents a view on the real estate regulatory concerns about this type of ownership.

Released on Oct 18, 2022

Segregate estates relating to judicial recovery in Brazil and the Esser Group case

This article addresses the applicability of the doctrine of segregate estates to real estate developments and how Brazilian case law is evolving in the event of judicial recovery where SPVs are used to structure a developer’s business model.

Released on Oct 18, 2022

An overview of the new UK Scale-up Worker Visa

The UK has a history of aiming to attract the brightest and the best to its shores. This article looks at the latest revamp of the UK immigration system, which has seen the introduction of a fast-track, unsponsored points-based route.

Released on Oct 18, 2022

Chile’s new migration law: advances and challenges

It well understood that immigration regulations must adapt to the new international migration challenges and phenomena. This is what lay behind the new Migration and Foreigners Law, to face the exponential increase in immigration to Chile, updating a regulation which had been in force for 40 years. It is necessary to understand if this new law tackles the issues relating to cross-border work which have come about with the advance of new technologies and the impact of the Covid-19 pandemic.

Released on Oct 18, 2022

Digital nomads in Brazil: immigration aspects, requirements and formalities

The number of digital nomads has increased substantially over the last few years, especially following the Covid-19 pandemic. Due to the increasing number of digital nomads, several countries including Brazil, have issued regulations to grant temporary visas. Although Brazilian labour and employment laws do not apply to digital nomads, since they provide services remotely to a foreign company, if the foreign company employing the individual has a local subsidiary in Brazil, the local entity could be exposed to legal risks depending on the way services are provided. Multinational companies with local operations in Brazil should be mindful of such risks.

Released on Oct 18, 2022

From the Editors – Maritime and Transport Law Committee – October 2022

A note from the Editors of the IBA Maritime and Transport Law Committee, Tom Belknap and Bruce Paulsen.

Released on Oct 18, 2022

From the Co-Chairs – Maritime and Transport Law Committee – October 2022

A note from the Chairs of the IBA Maritime and Transport Law Committee, Corina Song and Johannes Grove Nielsen.

Released on Oct 18, 2022

Meet the Officer: Henrik Hagberg

An interview with Henrik Hagberg, Senior Vice-Chair, Maritime and Transport Law Committee

Released on Oct 18, 2022

Legal recognition of electronic trade documents: UK joins global initiative to digitalise trade

On 16 March 2022, following a consultation with key stakeholders in the shipping, trade, finance and legal industries, the UK Law Commission published its detailed report on the proposed reform of English law to allow for the legal recognition of electronic trade documents (ETDs).

Released on Oct 18, 2022

MARPOL at 50 – our commitment goes on: IMO releases the world maritime theme for 2023

This article discloses the global maritime theme for 2023 and establishes a critical analysis of the International Convention for the Prevention of Pollution from Ships (MARPOL) considering technological development and the need to preserve the environment.

Released on Oct 18, 2022

Who is responsible when a ship grounds in a channel – the port or the ship?

A recent Irish Admiralty Court judgment analysed the responsibilities of a port and a ship following a grounding in an entrance channel, by balancing with the duties of the port with those navigating the ship, including the pilot. The judgment includes a detailed consideration of English case law and may resonate in other common law jurisdictions.

Released on Oct 18, 2022

An overview of the recent ESG-related developments in the maritime sector, with particular focus on South Africa

There is a growing acceptance and integration of Environmental, Social and Governance (ESG) principles among South African corporates, who recognise that this is not only essential to attract investment, but there is a requirement for them to align themselves with the global expectations of corporate responsibility and its sustainable impact relating to basic needs, empowerment, climate change, natural capital and governance.

Released on Oct 18, 2022

First maritime cross-border insolvency proceeding is recognised by a Brazilian Court after the recent adoption of the UNCITRAL Model Law

On 23 January 2021, Law no. 14,112/2020 came into force in Brazil, bringing forth important amendments to the Brazilian Insolvency Act (Law No. 11,101/2005). Top among them is the adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency, following the example of more than 50 other jurisdictions.

Released on Oct 18, 2022

Product liability claims in Canadian maritime law

Canadian maritime law operates within a distinct legal sphere developed and shaped by common law, statute, and the Canadian Constitution. Unlike other areas of Canadian law, maritime law presents unique challenges to those unfamiliar with its highly specialised nature.

Released on Oct 18, 2022

IBA Maritime and Transport Law Committee‘s 50th birthday mediation panel

A report on the IBA Maritime and Transport Law Committee‘s 50th birthday mediation panel by Jonathan Lux and Bruce Paulsen.

Released on Oct 18, 2022

Draft convention on the effect of judicial sales of vessels approved by UNCITRAL

On 30 June 2022, the United Nations Commission on International Trade Law (UNCITRAL) approved a draft convention (the Draft Convention) on the effects of judicial sales.

Released on Oct 18, 2022

A reflection on the Djokovic Australian visa saga in 2022

Australia has some of the strictest rules relating to restrictions on entry, border control, visa cancellation, immigration detention and deportations from the country. This article looks at what happened with tennis player Novak Djokovic was granted a visa to enter Australia with a medical exemption, allowing him to enter without being fully vaccinated.

Released on Oct 17, 2022

Outcomes of the Jobs and Skills Summit 2022

On 1–2 September 2022, members of parliament, trade union figures and council officials, to name a few, came together to work constructively on the challenges and opportunities facing Australia’s labour market and economy. This is notably in the wake of the global economies recovery post-pandemic, where states and countries alike have turned to an imminent focus on the workforce to rebuild their economic shortfalls caused by the enormous effects of border closures and isolation orders on the workforce and key industries. This article explores a variety of outcomes, as a result of the consensus reached at the Summit.

Released on Oct 17, 2022

IBA Annual Conference: top tips, Business Development and Marketing Subcommittee guide, September 2022

Released on Oct 14, 2022

The Data Act: new EU rules for data sharing

The European Union‘s strategy for data, aims at creating a single market for data that will allow it to flow freely within the EU and across sectors for the benefit of businesses, researchers and public administrations. The free movement of data is defined as the ‘five freedoms’ of the European market. In this context, on 23 February 2022 the European Commission published its proposal for a regulation on harmonised rules on fair access to and use of data.

Released on Oct 14, 2022

Communications Law Committee (CLC) – Message from the Chairs – October 2022

Released on Oct 14, 2022

Around the world – developments, trends and news impacting the communications sector*

A collection of developments, trends and news impacting the communications sector around the world.

Released on Oct 14, 2022

Meet the members: Latin American Regional Forum

Meet the members from the IBA Latin American Regional Forum: Jaime Carey, Moira Huggard-Caine, Marcela Hughes, Fernando Pelaez Pier, Daniel del Rio and Adriana Castro

Released on Oct 12, 2022

In memoriam: Claudio Undurraga

In memoriam: Claudio Undurraga (1940-2022), founding partner of Prieto and former Chair of the Latin American Regional Forum.

Released on Oct 12, 2022

International humanitarian law and the protection of cultural property – an overview

The protection of cultural property is crucial to the preservation of civilisations’ historical experiences. An articulation of this ethos in conjunction with the development of principles, such as military necessity, assist in understanding how and why the rules governing the protection of cultural property in times of armed conflict may be regarded as part of international humanitarian law.

Released on Oct 10, 2022

Restitution in the UK: developments in law and practice

National institutions whose powers of restitution are bound by statute face increasing pressure to seek and utilise legislative loopholes to return contested objects, while high-profile figures have questioned whether existing legislation is still fit for purpose. Though such changes are not immediately anticipated, the incoming Charities Act 2022 will give museum trustees greater powers to make ex gratia returns of objects.

Released on Oct 10, 2022

Copyright and freedom of expression

On 31 March 2022, the Judicial Court of Nanterre in France issued a decision according to which ‘in the absence of disproportionate infringement’, the right to inform is more important than the copyright.

Released on Oct 10, 2022

The post-Covid workplace in Ireland

This article looks at the post Covid-19 workplace in Ireland and some of the advantages and challenges we face.

Released on Oct 7, 2022

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