This session explored the latest trends and best practices for practitioners when it comes to acquiring a listed company under the capital market rules of various jurisdictions.
Released on Jan 31, 2024
This session explored why and when spin-offs, split-offs and other strategic restructuring transactions are undertaken by public companies, what factors are considered in choosing the best way to execute these transactions, and how to avoid pitfalls and ensure their success, with a particular focus on the capital markets regulatory requirements imposed on public issuers.
Released on Jan 31, 2024
During this session, experienced legal and business experts in the industry discussed the latest trends in private equity (PE)-driven M&A. They considered the challenges that deal makers face in today’s unpredictable markets. These challenges include limited partners expecting returns to be realised and new capital to be deployed while PE funds are struggling with limited and expensive sources of debt financing and gaps in expected valuations. The session discussed certain innovative deal and financing structures that have been invented to bridge these gaps and to ensure continued deal making.
Released on Jan 31, 2024
This session discussed the benefits of an Initial Public Listing and listing on a trading venue. Advantages can include: management retains ‘control’; it is more permanent than some other funding tools; it is advantageous for obtaining financing from banks; listed shares are a good ‘currency’ in M&A transactions where the shares can be offered in exchange; and/or employees can be incentivised by shares with a real ‘exit’ opportunity.
Released on Jan 31, 2024
This session explored the intricate legalities of digital assets. Key points of discussion included: the various types of digital assets and their implications in capital markets; the complex regulatory frameworks governing them; the innovative uses of blockchain in securities transactions; and real-world case studies of challenges and failures in the digital asset sector.
Released on Jan 31, 2024
Lawyer Jacquelyn F. MacLennan shares reflections from a panel session at the 2023 IBA Annual Conference focused on pro bono and environmental and social governance (ESG).
Released on Jan 29, 2024
Lawyer Ishrat Hasan was the recipient of the 2020 IBA LexisNexis Pro Bono Award and, in this article, shares some of the matters she has handled pro bono and reflects on the continued need for pro bono legal services in Bangladesh.
Released on Jan 29, 2024
This article explores the continued need for justice in a post-apartheid South Africa and how pro bono legal services support re-opened inquests into the deaths of activists detained by the ‘Security Branch’, a division of the police under apartheid.
Released on Jan 29, 2024
Pro bono legal services have been gradually gaining traction in Pakistan although there is ample room for growth and improvement to entirely realise the potential of pro bono work. This article explores the existing legal, regulatory and policy framework in Pakistan which fosters a conducive environment for pro bono legal services.
Released on Jan 29, 2024
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 Jan 23, 2024
A report on the Access to Justice and Legal Aid Committee session at the 2023 IBA Annual Conference in Paris.
Released on Jan 22, 2024
Thanks to globalisation, the assimilation of legal principles across jurisdictions is not uncommon. Assimilation is not a novel concept, as laws, being statutory responses to states’ socio-economic needs, cannot be perceived in isolation with international trends drifting towards globalisation. Assimilation comes with specific advantages for emerging economies, as their commercial legal systems are relatively nascent and, consequently, flexible enough to mould themselves towards garnering investments.
Released on Jan 17, 2024
A conference panel report of the Rule of Law Panel organised by the International Bar Association Rule of Law Forum and Bilkent Human Rights Center. The panel was held on 6 October 2023 in Ankara, Türkiye.
Released on Jan 16, 2024
On the afternoon of Thursday 2 November 2023, at the IBA Annual Conference in Paris, the European Regional Forum lead the organisation of the automotive session titled ‘The European automotive and mobility service industry: transformation and revolution’. Contrary to its title the panellists came from different areas of the world, including Europe, India, Mexico and South Korea. During the session, panellists discussed issues relating to data privacy, developments concerning autonomous vehicles, the future of electric vehicles and more.
Released on Jan 12, 2024
On 4 October 2023 the European Regional Forum’s Young Lawyers Working Party held a webinar titled 'Partners as leaders: understanding how to lead the lawyers of tomorrow’. During the webinar, moderator Julia Hepner discussed with speakers Mark Longworth, Vanessa Byrne and Alexandra Martins, the subject of how young or current partners can unlock their own leadership skills to generate loyalty and create and develop strong and diverse teams and to retain talents. This article summarises the main takeaways.
Released on Jan 12, 2024
On 22 November 2023, the IBA European Regional Forum (ERF), the IBA Academic and Professional Development Committee and the IBA Future of Legal Services Commission, in cooperation with Roma Tre University, organised a university day and job fair.
Released on Jan 12, 2024
The European Regional Forum (ERF), in particular its Professional Wellbeing Working Party (PWWP), organised a session on lawyers' wellbeing and ways in which we can make our law firms become better working environments. This session was additionally organised with the support of the IBA’s Presidential Task Force on Mental Health and wellbeing and the Professional Ethics Committee; it took place at the IBA 2023 Annual Conference in Paris.
Released on Jan 12, 2024
In this session at the IBA Annual Conference in Paris, a group of experts from various backgrounds addressed topics such as doping, bribery, governance and social responsibility, and offered a comprehensive examination of the complex issues plaguing the world of sport.
Released on Jan 12, 2024
In this session, Antonia Verna and Pavla Prikrylova presented the European Regional Forum Diversity & Inclusion Working Party with the Diversity and Inclusion Toolkit for Lawyers. The Toolkit was developed by the International Bar Association (IBA) to provide law firms with an action plan to embed the core principles of diversity and inclusion into their organisations.
Released on Jan 12, 2024
Through the rapid development of advanced AI systems, such as generative AI, however, the need for ensuring responsible AI has increased. In October 2023, the leaders of the Group of Seven (G7), chaired by Japan, agreed on the Hiroshima AI Process Comprehensive Policy Framework. The framework includes the adoption of the International Guiding Principles on AI and the International Code of Conduct for AI developers, based on the OECD’s report Towards a G7 Common Understanding on Generative AI.
Released on Jan 11, 2024
The-Russian-customs-inspections-recent-trends-and-compliance-pitfalls Abstract: Russia is a Member State of the Eurasian Economic Union (EAEU) which includes the customs union of the Member States. For this reason, many aspects of customs law are delegated by the Member States to the EAEU level, such as the Customs Code of the EAEU, technical and sanitary regulations of the EAEU, etc. The authorities of the Member States are working on harmonisation of customs related matters, at the same time, there are specifics in local customs laws and procedures of the Member States. This is particularly so in respect of customs audits and inspections.
Released on Jan 10, 2024
It has been a big year for employee share schemes (ESS) in Australia. While there have been some tax reforms, on 1 October 2022, legislation was passed that brought about a tectonic shift in the regulatory plumbing that underpins the operation of ESS in Australia. Following the passing of these reforms, all companies that operate ESS in Australia – whether listed or unlisted, large or small – need to pause to consider how the new regulatory rules will impact on the operation of their ESS plans.
Released on Jan 10, 2024
Pakistan, a country rich in cultural diversity and history, is leading the way in the rollout of 5G networks, a technological revolution, particularly for the Global South. With the world striving for technological superiority, Pakistan is preparing to become one of the countries providing the next wave of connectivity. This article examines the current regulatory frameworks, recent policy announcements and the role of financial institutions in facilitating this revolutionary transition. It also delves into the intricate details of the legal, financial and strategic aspects surrounding the introduction of 5G in Pakistan.
Released on Jan 9, 2024
This article reviews the recent European Union regulations, namely the Digital Services Act and the Digital Markets Act which regulate digital platforms with operations in Europe, from different perspectives. Likewise, the article revises some regulatory projects in Brazil and the United States, before turning to Argentina, where the regulation of the intermediaries’ responsibility is an issue of current relevance. Due to the lack of an ex-ante regulation regarding these topics, this article goes over some of the cases treated with consumer protection regulations as well as with antitrust law and data privacy provisions.
Released on Jan 9, 2024
Multiple factors compel high-net-worth individuals to consider relocation, such as entrepreneurial ventures, educational opportunities or tax considerations. The discussion by the panel delved into these complex migration considerations and their subsequent ramifications for affluent individuals.
Released on Jan 3, 2024
We want to thank all of you for your steadfast support and extensive efforts in making 2023 a highly successful year for the Mediation Committee, which we expect to build on going into next year
Released on Dec 20, 2023
Since conflict is inevitable, dispute resolution clauses often become the cardinal clause for any contract. Given the advantages of party autonomy, faster/streamlined process, confidentiality, and flexibility, parties often opt for arbitration as an alternate dispute resolution mechanism. However, when disputes traverse jurisdictions, the complexity of resolution also increases and the conflicting and varying parameters of arbitrability of the dispute in each jurisdiction may become a hinderance to the intent of the parties to opt for arbitration. This article aims to examine the sanctity of parties’ choice to arbitrate through the lens of the Bombay High Court’s recent decision in Anupam Mittal v. People Interactive (India) Pvt. Ltd. & Ors. effectively disregarding an anti-suit injunction (and consequently disregarding arbitration). In the case of Anupam Mittal (Supra), the stay on the anti-suit injunction was granted on the premise that the subject matter of dispute was prima facie non-arbitrable under Indian law, and any award rendered pursuant thereto would thus become unenforceable in India.
Released on Dec 20, 2023
This paper dissects in detail the recently passed Nigeria Arbitration and Mediation Act 2023. Specifically, it analyses and explains provisions introduced into the Act which aligns the Act with global arbitration best practices; and the repeal of old provisions that do not meet the standards of global arbitration best practices, or that can be described as archaic.
Released on Dec 20, 2023
The legal profession's dynamic relationship with technology, from email to virtual courtrooms, is constantly reshaping the practice of law. Welcome to the new frontier—the intersection of technology, artificial intelligence (AI), blockchain, and arbitration. This article explores some interesting applications of technology and AI in arbitration and growing global acceptance around it. Needless to say, innovation brings along a plethora of unresolved questions and challenges, leaving practitioners uncertain about the use or potential misuse of sensitive data. It's time to address the difficult questions on regulatory oversight and transparent usage of AI, to avoid controversies and chart an ethical course for integration of technology in dispute resolution.
Released on Dec 20, 2023
This article explores the dynamic evolution of arbitration in the UAE legislative system, tracing its history from 1951 to the establishment of an initial legislative framework in 1992. The issuance of the Federal Arbitration Law in 2018 propelled Dubai into a global arbitration hub, garnering consistent judicial support for alternative dispute resolution. The article then looks at the recent amendments to the Federal Arbitration Law in 2023, focusing on arbitrator qualifications, governance, and the integration of technology, reflecting the UAE's commitment to enhancing the efficiency and transparency of its arbitration practices.
Released on Dec 20, 2023