Committee publications
Maritime and Transport Law Committee – From the Editors – August 2024
Note from the Editors of the IBA Maritime and Transport Law Committee, Jim Bercaw and Müge Anber-Kontakis.
Released on Aug 19, 2024
Meet the Officer: Tom Belknap
An interview with Tom Belknap, Co-Vice Chair of the IBA Maritime and Transport Law Committee and a partner at Blank Rome, New York.
Released on Aug 19, 2024
Navigating the EU ETS Regulation in Denmark
On 1 January 2024, shipping was included into the existing Emissions Trading System (EU ETS) regulation – also known as the ‘cap and trade’ system. This article provides an overview of the most important aspects and insight into how the regulation will be administered in Denmark.
Released on Aug 19, 2024
UK Supreme Court construes a contractual war risks regime in general average disputes
The Supreme Court of the United Kingdom recently provided useful guidance on the interpretation of War Risks provisions. It is particularly timely in view of ongoing geopolitical risks around the world.
Released on Aug 19, 2024
Effects of sanctions against Russian marine insurers: certification of insurers (Blue Card) according to the CLC 92, Nairobi and Bunker Convention
Various sanction regimes imposed against Russia raise unresolved questions about the certifications of Russian marine insurers, more precisely their issued Blue Cards under the Civil Liability Convention of 1992 (CLC 92), the Bunkers Convention of 2001 (Bunkers Convention) and the Nairobi International Convention on the Removal of Wrecks, 2007 (Nairobi Convention, sometimes collectively referred to as ‘the Conventions’), if in the case of an event triggering the scope of application of the conventions, a Russian insurer can no longer meet its insurance obligation due to, for example, banking sanctions. This brief article addresses this problem, which also occupied the Legal Committee of the International Maritime Organization (IMO) on 22 and 23 March 2022.
Released on Aug 19, 2024
The Russian oil price cap, 'shadow fleet' and environment
The maritime transportation of Russian oil has become a massive hurdle for traders and their service providers due to the sanctions and reputational risks, as well as for the global community due to environmental hazards. This article is about the Russian oil Price Cap, the ‘shadow-fleet’ and their impact on the environment globally. The article starts with the hypotheticals and the relevant questions, followed by briefly describing the Price Cap regulation and its enforcement policy, and concluding by answering those questions raised first in relation to the hypotheticals.
Released on Aug 19, 2024
Progression in Philippine maritime law: opening the gates via the Amended Public Service Act
The Philippines has made repeated moves to open up its economy and liberalise industries in the name of development and foreign investments. Thus, the Public Service Act has finally been amended. This is the breakthrough that supposedly a lot of industries have been waiting for, the shipping industry included. This article aims to give a glimpse into what may lie ahead for shipping and its related businesses.
Released on Aug 19, 2024
Survey introduction: Maritime and Transport Law Committee
An introduction to the Committee’s survey to members asking for an article on their country's public policy exceptions.
Released on Aug 19, 2024
Ratification procedure for international conventions in Brazil
Although the ratification procedure for international conventions is a matter regulated in accordance with the legal system of each country, there are, as a rule, two models of procedures for carrying out the analysis of international conventions with a view to their subsequent ratification.
Released on Aug 19, 2024
Local public policy exceptions in India to the enforcement of international conventions or treaties
Previously in India, three separate provisions, that is, the Arbitration Act 1940, Arbitration (Protocol and Convention) Act 1937 and Foreign Awards (Recognition and Enforcement) Act 1961, formed the legislative framework for domestic and international arbitration. Later, these laws were repealed and a single act (for both international and domestic arbitration), known as the Arbitration and Conciliation Act 1996 (the 'Act'), was enacted.
Released on Aug 19, 2024
Public policy-based exception to the enforcement of foreign arbitral awards in Korea
This article explores the law of Korea regarding the public policy exception to the enforcement of foreign arbitral awards in Korea. Korea is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (the 'New York Convention').
Released on Aug 19, 2024
Ordre public as a bar to recognition and enforcement of foreign court decisions and arbitral awards in Norway
In Norway, the recognition and enforcement of both court decisions and arbitral awards are subject to the ordre public restriction. This legal principle serves as a safeguard to prevent the recognition and enforcement of foreign decisions that would be contrary to fundamental principles of the Norwegian legal system.
Released on Aug 19, 2024
A Singapore law overview of public policy exceptions to major international treaties and conventions on shipping, transportation and arbitration
Singapore follows a dualist approach to international conventions and treaties. Under that approach, Singapore's international law obligations do not create independent rights, obligations, powers or duties unless and until transposed into domestic law by enabling legislation
Released on Aug 19, 2024
Understanding the potential scope of the public policy exception to the Beijing Convention on the international effects of the judicial sale of ships
On 7 December 2022, the United Nations adopted a Convention on the International Effects of Judicial Sale of Ships (the 'Beijing Convention'). At its core, the Beijing Convention seeks to establish that a purchaser of a vessel sold by judicial sale would receive a certificate of judicial sale and clean title in every state that has adopted the new regime.
Released on Aug 19, 2024
Legal framework for cloud services procurement
To guarantee openness, equity and effectiveness, cloud service procurement requires a carefully planned process. In order to procure cloud services, a request for proposal (RFP) document outlines the legal and procedural framework. This article focuses on important elements like eligibility requirements, proposal submission and evaluation processes, general and special conditions of contract, and dispute resolution mechanisms.
Released on Aug 18, 2024
AI regulations – a rising global issue: an Australian perspective
Artificial intelligence (AI) technologies deployed in Australia largely originate from China, Europe, Japan and the US with these countries being the innovators in the AI field having the highest patent filings globally. The Australian Government has recognised that to take advantage of globally supplied AI technologies and to support safe AI development and adoption, regulatory and governance frameworks are required that are consistent with global regulatory approaches. Australia is a participant in a number of global forums on AI regulation and governance.
Released on Aug 18, 2024
Global M&A hot topics (2024)
This IBA panel discussion on global mergers and acquisitions (M&A) hot topics involved a comprehensive examination of the current trends and future predictions in this dynamic field. The conversation covered a wide range of subjects, from regulatory changes and geopolitical developments to the growing importance of environmental, social and governance factors in deal-making.
Released on Aug 18, 2024
Developments in public company M&A and securities law (2024)
The panel offered valuable perspectives on the advancements in public company mergers and acquisitions (M&A) and securities law globally. The discussion focused on three key areas: forum shopping, public to private transaction developments and trends and hostile activity and defences. The panel explored how these topics are reshaping the public M&A landscape and securities laws across Asia, Canada, Europe and the United States.
Released on Aug 18, 2024
Class actions in Argentina – recent cases linked to private health plans
Argentina doesn’t have any particular legislation related to class actions, although isolated clauses in the Consumer Act and the Environment Act refer to them. In spite of this, Argentina is flooded with class actions, especially focused on consumer law matters. Businesses in many sectors have been sued, such as banks, credit card issuers, retailers, supermarkets, insurance companies, airlines companies, health companies and so on. As a consequence of the absence of particular legislation that guides class actions, the Supreme Court of Justice urged the Argentinian parliament to legislate for an adequate process to give certainty to the parties participating in them.
Released on Aug 15, 2024
IBA Annual Conference: top tips, Business Development and Marketing Subcommittee guide, September 2024
Released on Aug 12, 2024
Interactive workshop one: selected corporate governance topics (part I), 13 May 2024
After a brief introduction of the six main topics and the corresponding moderators by the chairpersons, the auditorium was divided into a total of 12 tables, two tables with one moderator per topic. The moderators had each prepared their topic in advance with a list of questions so that the results of the two tables per topic were comparable. The results were then compared and summarised by the moderators after a discussion lasting around 30 minutes. The results thus obtained were then presented by the moderator teams for each topic.
Released on Aug 11, 2024
Report – 8th IBA Global Entrepreneurship Conference: Venturing and Discovering Overseas Markets
Shaw writes up a report of the ‘Trends in corporate and venture capital to fuel growth of disruptive businesses’ session form the 8th Annual IBA Global Entrepreneurship Conference. Shaw provides a helpful breakdown of the panellists’ insights and responses to questions given during the session.
Released on Aug 11, 2024
A general counsel’s view: supporting business and hedging risks in overseas markets
In this session, a panel of general counsel shared insights on how they are safeguarding business operations in overseas markets and how legal strategies can be used to effectively hedge risks, ensuring a robust legal framework that fosters success in the international field. More precisely, the question addressed by the Co-Chairs was to find out ‘What is the work of the general counsel within the process of internationalisation of the business and how does it impact on the relationship with external counsel?’. The panel addressed compliance issues and how to manage risks, conflicts and litigation.
Released on Aug 11, 2024
Corporate investors: panel report
The panel discussed the benefits and perceived drawbacks of investments by strategic investors, as compared to traditional financial or sectorial venture capital (VC) investors. The speakers highlighted the difference in investment horizons, noting that strategic investors generally prefer longer term investments, while financial investors typically seek to exit the business after three to seven years.
Released on Aug 11, 2024
The new now: building resilience in a world where change is the only constant
Elke Geraerts is the founder and CEO of Better Minds at Work, an international consulting company supporting organisations in their wellbeing, performance and leadership. She has a PhD in psychology and held academic positions at Harvard University, the University of St Andrews, Maastricht and Rotterdam. She is the author of several bestselling books, such as Better Minds: How Insourcing Strengthens Resilience and Empowers Your Brain and The Mental Reset: How hybrid work and life strengthen your resilience.
Released on Aug 11, 2024
Inorganic growth through acquisitions and strategic alliances
The session focused on the expansion strategies of companies through acquisitions and alliances, emphasising the strategic and legal aspects that influence growth. It covered the motivations behind inorganic growth, such as increasing production capacity, accessing new markets and acquiring strategic assets. Trends in investment jurisdictions and sectors, including the impact of geopolitics, were examined. The discussion also highlighted the importance of cultural understanding and local legal expertise in managing cross-border transactions. The role of foreign direct investment (FDI) restrictions and how companies navigate these challenges was also addressed. Overall, the session provided insights into the complexities of inorganic growth and the factors that companies must consider when pursuing such strategies.
Released on Aug 11, 2024
The EU Corporate Sustainability Due Diligence Directive: key requirements and considerations around alignment with the UNGPs
The EU Corporate Sustainability Due Diligence Directive represents a significant step forward in the promotion of corporate accountability for human rights through regulation and, considering its extraterritorial reach, the legislation will have an impact outside of the EU. This article summarises the main requirements of the CSDDD, with particular focus on the requirements concerning human rights due diligence. It also highlights key areas of alignment between the CSDDD and the United Nations Guiding Principles on Business and Human Rights (UNGPs).
Released on Jul 30, 2024
Construction Law International (CLInt)
Construction Law International is the magazine of the IBA International Construction Projects Committee. Launched in March 2006 and published quarterly, it is a thought-provoking magazine with a balance of substantive and practical articles and news that anyone involved in the international construction industry will wish to read.
Released on Jul 26, 2024
Project financing and risk allocation for construction projects in Nigeria: legal aspects and mitigation strategies
Released on Jul 25, 2024
From the Editors – Construction Law International – June 2024
Released on Jul 25, 2024