Committee publications

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Disability diversity in the Indian workplace

This article considers the evolving landscape of disability rights in Indian workplaces, with a focus on progressive initiatives shaping a more accessible and equitable professional environment for all.

Released on Sep 21, 2023

Brazil’s new equal pay law: a big step towards gender parity

This article provides an overview of Law 14,611/23, which introduces several obligations for private legal entities with more than 100 employees to guarantee equal salary and compensation criteria for women and men undertaking work of equal value; namely, the publication of a bi-annual Salary Transparency Report.

Released on Sep 21, 2023

One year later: Argentina’s regulation on employers’ obligation to provide nurseries and day care centres for children of their personnel

This article considers how companies in Argentina are complying with a new regulation that obliges employers to provide childcare services to their workers or, as an exception, reimburse the related expenses. It also outlines why companies committed to promoting equal opportunities for all their employees should review their market practices.

Released on Sep 21, 2023

India’s workplace sexual harassment law: a decade on

This article outlines the numerous interpretations of the Indian POSH Act by the courts over the past ten years, and considers to what extent the law’s original intent has been met in reality.

Released on Sep 21, 2023

Italy – its unusual route towards a ‘single ultra broadband network’

A robust broadband infrastructure is vital for a country’s economic growth and technological advancement. With this in mind, the Italian Government has set the objective of ensuring broadband internet access for every household.

Released on Sep 21, 2023

Technology Law Committee Podcasts

This page lists the Technology Law podcasts bringing together discussions of law and modern technology.

Released on Sep 20, 2023

Horizon scanning – key topics from England and Wales

2022 was an eventful year for law firm regulation and as we have moved through 2023, it is clear that there will still be many key issues for firms to have on their radar.

Released on Sep 19, 2023

Globalising Your Practice – Opportunities and Challenges

A conference presented by the IBA Bar Issues Commission and supported by the Law Society of South Africa and the SADC Lawyers Association.

Released on Sep 18, 2023

The in-house perspective – session report from the IBA 20th Annual International Mergers & Acquisitions Conference (2023)

This session at the IBA 20th Annual International Mergers & Acquisitions Conference focused on artificial intelligence (AI). The panel discussed three sub-topics in particular: adop-tion of AI by businesses and the role of general counsel in this respect; intellectual property (IP) issues/strategies related to AI; and the adoption of AI by legal departments.

Released on Sep 17, 2023

Spain – getting ready for the next steps in space exploration

This article analyses Spain's progress in developing a strategy for competitiveness in aerospace matters, such as the creation of a National Space Agency to represent Spain before the international community, the speed and urgency in the incorporation procedure of the Agency, drawing up its by-laws, as well as the drafting of a Law on Outer Space Activities, along the lines of its neighboring countries. We also describe the first steps taken by the Spanish Space Agency, including the adhesion to the Artemis Accords, and the main space initiatives carried out by the private space sector in Spain.

Released on Sep 14, 2023

Developing space law: Luxembourg’s regulatory framework model

In the field of international space law, where none of the United Nations’ space treaties create direct obligations for non-governmental entities, it is the responsibility of states to ensure that all national activities comply with the provisions of international law. Luxembourg's space legal framework is one of the most recent among countries actively involved in space policy.

Released on Sep 14, 2023

A brief outlook on the announced comprehensive national law regulating space activities in Italy

Italy – despite being counted among the countries with the largest presence in space, with a competitive entrepreneurial ecosystem – does not yet have a comprehensive law to regulate national space activities, unlike other European countries.

Released on Sep 14, 2023

From the Editors - Arbitration Committee bulletin September 2023

In the context of its 50th anniversary celebration, the IBA Arbitration Committee is delighted to bring you a very special edition of the Committee’s Newsletter, dedicated to each of its main soft law products: the IBA Rules of Evidence, the IBA Guidelines on Conflicts of Interest and the IBA Guidelines on Party Representation. The purpose of this special edition is to memorialize the history of the creation and revision of the IBA Rules and Guidelines, with its challenges, discussions, doubts, difficult choices, criticism, achievements – and anecdotes, written by those who chaired those initiatives.

Released on Sep 14, 2023

From the Co-Chairs - Arbitration Committee bulletin September 2023

Welcome to this very special edition of the Newsletter entirely dedicated to the main soft law products produced by the IBA Arbitration Committee. In an ever-evolving global legal landscape, soft law has emerged as a dynamic and flexible tool for addressing complex issues in international arbitration. The IBA Arbitration Committee’s commitment to developing and disseminating these soft law products has played a pivotal role in shaping the practice of international arbitration worldwide.

Released on Sep 14, 2023

Fair share: what stage is the European legislative proposal on the internet tax at?

The European ‘fair share’ debate is certainly one of the ‘telecommunications’ hypes of 2023, and so far has created an incredible mass of work for consultants, lobbyists and conference organisers. This subject has become an absolute priority for the largest European telcos, assuming a very important role in the digital agenda of the European Commission lead by commissioner Thierry Breton, former Chief Executive Officer of Orange, the French telecom incumbent.

Released on Sep 13, 2023

The oil and gas general counsel role and shared value transformation in Sub-Saharan Africa

In the last few years, we have experienced changes making it possible for CEOs to create sustainable business strategies in emerging markets. The question has been: how can an Oil and Gas General Counsel (GC) influence news or updated business strategies – namely when going to Angola or to Sub-Saharan Africa and create successful new joint ventures or a local supplier development model? Legal roles have transformed from a legal advisor to a business partner. There is a need to transform current business strategy.

Released on Sep 13, 2023

Metaverse and medical devices: what are the legal issues?

In 2021, Mark Zuckerberg's ambition was to bring internet users into the metaverse. Web giants and major brands have mobilised to develop their projects there. Although there is currently a period of less enthusiasm for the metaverse, it presents real opportunities for a variety of sectors, from gaming to sports, real estate to leisure, retail to education and many others.

Released on Sep 12, 2023

Reflections on the IBA Guidelines on Party Representation in International Arbitration

By Mark Friedman, former Co-Chair, IBA Arbitration Committee. After several years of study and public consultation, a Task Force of 23 senior, diverse lawyers created voluntary, opt-in guidelines for a basic level of party representatives’ conduct in five aspects of international arbitration

Released on Sep 12, 2023

The creation of the IBA Guidelines on Party Representation in International Arbitration

By Julie Bedard, former Chair of the Guidelines Task Force, and Amanda Raymond Kalantirsky. The goal of the project was to prepare guidance for the arbitral community on certain ethical issues that may arise in arbitration in order to level the playing field among counsel in international arbitration in the absence of universally applicable rules. One significant point of debate was the power and jurisdiction of arbitration tribunals to handle counsel conduct issues. The Task Force also wrestled with differences between rules applicable to and practices of common lawyers and civil lawyers on a number of points, including the need to preserve evidence and the duties of candor or disclosure to the arbitration tribunal.

Released on Sep 10, 2023

Maritime and Transport Law Committee – From the Editors – September 2023

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

Released on Sep 7, 2023

Maritime and Transport Law Committee – From the Co-Chairs – September 2023

A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Ulla von Weissenberg and Henrik Hagberg.

Released on Sep 7, 2023

Meet the officer: Patrick Holloway, Co-Vice Chair

An interview with Patrick Holloway, Co-Vice Chair of the IBA Maritime and Transport Law Committee and partner at Webber Wentzel, Cape Town.

Released on Sep 7, 2023

Challenges and opportunities in applying EU competition law to the maritime industry

This article examines the intersection of EU competition law and maritime law with a focus on shipping alliances. It outlines many instances of shipping alliances that the European Commission has looked into for possible violations of EU competition legislation as well as the serious repercussions of such violations in the shipping sector.

Released on Sep 7, 2023

Green shipping and the new BIMCO CII Clause

With the increased focus on climate change, a series of initiatives have been introduced by the IMO and the EU to reduce greenhouse gas emission in the shipping industry. One measure, the Carbon Intensity Indicator (CII), may have a significant impact on valuation of vessels. BIMCO has released a CII Clause, which allocates the contractual responsibility for compliance under time char-ters – but questions may validly be raised about it.

Released on Sep 7, 2023

Making the most of the mediation opportunity

The overriding message is to listen rather than advocate. Advocate is what the lawyer does in litigation or arbitration – to present the client’s case in the best light. But in mediation it’s all about underlying interests.

Released on Sep 7, 2023

From the Mediation Committee - 2023 update

An update from the Committee on the array of conference sessions and webinars we have been involved with and are planning, plus news on UNCITRAL and the IBA-VIAC Consensual Dispute Resolution Competition

Released on Sep 7, 2023

The Poseidon Principles: developments and updates

The Poseidon Principles are certain principles introduced by a group of leading banks operating in the shipping finance field worldwide. They have also created an association with the same name: the Poseidon Principles Association.

Released on Sep 7, 2023

Editor's Note, August 2023

In the first issue of the newsletter, we focus on the latest judgments and trends in the world of asset recovery.

Released on Sep 7, 2023

Franchising in Brazil

Since the Covid-19 pandemic, Brazilian contractual law has evolved considerably, by removing certain legal formalities and regulations that no longer have a place in a virtual and globalised world. Franchising legislation has undergone a similar evolution.

Released on Sep 3, 2023

Encroachment in franchising: the application of the good faith principle by Italian courts

One of the most critical aspects in drafting and managing franchise agreements concerns encroachment. This article will explore the different approaches followed by Italian courts with respect to: (i) the competing activity of the franchisor, selling through parallel sales channels; and (ii) the indirect liability of the franchisor for competing activities enacted among its franchisees.

Released on Sep 3, 2023