Committee publications

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From the Chair, Aviation Law Committee

An introduction from the new Chair of the IBA Aviation Law Committee, Serap Zuvin, including a run-down of the Committee’s plans for 2021.

Released on Jun 24, 2021

Trade wars: EU blocking statutes on US sanctions against Iran, the Advocate General of the European Court of Justice calls for a review of the functioning of the regulation

This article discusses the Advocate General of the Court of Justice of the European Union’s opinion regarding the application of EU blocking statutes, aimed at protecting EU operators from effects of certain laws adopted by third countries.

Released on Jun 24, 2021

Biden administration takes aim at Chinese military-related companies

This article looks at the recently announced updated restrictions on the ability of persons from the United States to invest in publicly traded securities of certain companies related to China’s defence and surveillance sectors.

Released on Jun 24, 2021

The impact of Covid-19 measures on the leisure and hospitality industry in Mexico

Leisure and Hospitality Industry in Mexico represents one of the biggest sources of income. In addition to the foregoing, there are states in the country that depend 90% on tourism. The arrival of Covid-19 in Mexico represented a huge challenge to its economy and particularly to the touristic, leisure and hospitality sector, considering the travel bans and international and local restrictions. Mexico is adopting protocols with the objective to standardise security measures as in other countries. These new measures will be the new standards in leisure activities in Mexico, and will represent our new normal by leisure economic agents.

Released on Jun 14, 2021

How to make the transition from face-to-face to virtual meetings: Business Development and Marketing Subcommittee guide, June 2021

Particularly in the legal profession, having face-to-face meetings are essential to build up and maintain a relationship with clients, members of staff and other persons important to your practice. For most of us this has changed drastically overnight when working from home became the norm.

Released on Jun 10, 2021

Portugal: cash pooling arrangements and exemption from stamp duty

For more than ten years, multinational enterprise groups operating in Portugal with cash pooling arrangements were faced with the interpretation that such intragroup financing was subject to – and not exempt from – stamp duty. In 2020, the country’s stamp duty code was amended to include a specific exemption applicable to cash pooling arrangements. The question is whether this will work in regard to cross-border arrangements and what remedies may be available.

Released on Jun 10, 2021

From from the Co-Chairs of the Leisure Industries Committee

A message from the Co-Chairs of the Leisure Committee from the June 2021 e-Bulletin

Released on Jun 8, 2021

Needles & Stitches: Understanding the Nigerian Intellectual Property Rights in Fashion Law

Fashion labels and brands have become more protective of their intellectual property rights. This consciousness is undoubtedly more pronounced in Europe and North America. Sub-saharan Africa and Nigeria, in particular, are still playing catch-up. The fashion industry in most parts of Nigeria and sub-Saharan Africa involves a lot of innovation and creation, so much so that the owners of the labels give a second thought to the issues of intellectual property protection. This article explores the challenges of inadequate regulatory frameworks in this respect and makes a case for a change.

Released on Jun 8, 2021

The Impact of the Covid-19 Pandemic on the Guarantee Hotel Contracts in Greece

The totally unexpected pandemic of Covid-19 had a major impact on the worldwide economy and on the international markets. Among the markets most affected globally from Covid-19’s outbreak is the tourism/leisure industry. The lockdown restrictions - the result of the government's efforts to keep the pandemic's spread under control - led to suspensions of hotel operations as well as to prohibitions of international flights.

Released on Jun 8, 2021

The AirBnB Business Model is at Risk: A Prior Authorisation Requirement for Short-term Property Lettings to Combat a Structural Housing Shortage is Consistent with the EU Services Directive.

This article discusses the EU Court of Justice’s ruling of 22 September 2020 (joined cases C‑724/18 and C‑727/18) that national legislation requiring an authorisation or permit for the short-term letting of residential properties is consistent with EU law, given that a housing shortage and shortage of long-term housing rentals constitute ‘an overriding reason relating to the public interest’. As a result of this ruling, several mayors of European metropolitan cities, amongst others those in the Brussels Capital Region, now have leverage to effectively mitigate the ‘invasion’ of AirBnBs on the property markets of Europe’s tourist hotspots.

Released on Jun 8, 2021

Energy transition in Portugal: current status and post-pandemic trends

Notwithstanding the arrival of the Covid-19 pandemic, the fight against global warming is possibly the most pressing issue in the international agenda. This article summarises Portugal’s policies on energy transition before the pandemic and highlights some of the post-pandemic market trends.

Released on Jun 8, 2021

‘Turnkey’ German system for electric power transmission projects in Paraguay

Paraguay would seem to be a clear example of a favourable ecosystem for private investment in public infrastructure through various procurement mechanisms. In recent decades, a remarkable macroeconomic, tax and currency stability has been established and consolidated with a neat and careful management of public accounts, as well as respect for long term compromises which provide a safe framework for investors.

Released on Jun 8, 2021

Prospects of embedded generation in the Nigeria’s power sector

The unreliability of Nigeria’s power sector has led industry stakeholders to seek alternative sources of electricity for consumers while waiting for the national grid power to improve significantly. This article focuses on the prospects of embedded generation in Nigeria.

Released on Jun 8, 2021

Judicial interpretation of Section 71(6) of the Nigerian Electric Power Sector Reform Act 2005

In liberalising Nigeria’s electricity sector, the distribution of electricity was handed to Distribution Successor Companies. The assumption was that the licences issued to these Companies over certain geographical areas were exclusive. This court case provides clarity through the judicial interpretation of Section 71(6) of the Electric Power Sector Reform Act 2005.

Released on Jun 8, 2021

Renewable energy in Nigeria: law, regulation, trends and opportunities

As the harmful effects of pollution and greenhouse gas emissions become clearer and the need for sustainable development takes on a more central role in the global energy conversation, there appears to be a consensus amongst key players that it is imperative to shift focus towards renewable energy and other clean energy sources.

Released on Jun 8, 2021

What Kenya and the rest of Africa can learn from the recent Texas power outage

In February 2021, Texas’s power crisis became a major issue. From the discussions by experts and officials, it could be attributed to extreme weather conditions, exceptional electricity demand, a non-weather-resistant energy system, poor predictive planning, Texas’s laissez-faire energy market and its independent grid.

Released on Jun 8, 2021

The future of renewable energy communities in Italy: an opportunity

The rapid development of renewable energy communities in Italy and the changes brought about by EU Directive 2018/2001.

Released on Jun 8, 2021

The impact of renewable energy on Ghana’s economy

Renewable energy plays an important role in expanding the Ghanaian economy while at the same time, protecting its environment.

Released on Jun 8, 2021

Chile’s new Energy Efficiency Law

After more than two years of debate, Law No. 21,305, the Chilean Law on Energy Efficiency (CLEE), was published on 13 February 2021. It establishes, among other matters, the following aspects relating to energy efficiency.

Released on Jun 8, 2021

The impact of the hourly spot market price (PLD) recently adopted in Brazil

The hourly spot market price is new to Brazil. We expect four main consequences, which are briefly addressed in this article: new services, increased PPA sophistication, changes to grid operation and renegotiation of contracts.

Released on Jun 8, 2021

Brazil’s government launches new framework to resolve up to US$1.6bn in GSF disputes

Almost 500 hydropower plants are eligible to a new settlement launched by Brazil’s government, which will extend concessions in exchange for a waiver of lawsuits and claims. The Generation Scaling Factor (GSF) has been at the centre of many litigation cases in Brazil over the last decade, piling up to around BRL$9bn (approximately US$1.7bn) that remained unpaid to creditors of the centralised settlement of electricity due to injunctions.

Released on Jun 8, 2021

A brief overview of the 2020 Thailand Franchise Guidelines

This article provides a summary definitions, conditions, rights and responsibilities outlined by the 2020 Thailand Franchise Guidelines.

Released on Jun 7, 2021

Dutch Franchise Act into force!

This article examines the Dutch Franchising Act that went into effect 1 January 2021, providing an overview of its definitions, concepts, and content.

Released on Jun 7, 2021

From the Editors - Arbitration Committee, June 2021

The Arbitration Committee editors introduce the June 2021 batch of member articles

Released on Jun 4, 2021

Book Review - Abuse of Rights in International Arbitration

Released on Jun 4, 2021

From the Chairs - Arbitration Committee, June 2021

As usual, this edition is content rich, with topics covering a range of issues that are very much alive on today’s international arbitration practice. It is once again a pleasure for us to extend our gratitude to the various authors who come from all around the world and, of course, to our Editors.

Released on Jun 3, 2021

Introducing the IBA Arbitration Committee's Toolkit on Insolvency and Arbitration - webinar report

By Benedetta Mazzotti. An overview of the webinar presenting the IBA Arbitration Committee's Toolkit on Insolvency and Arbitration, published in March 2021.

Released on Jun 3, 2021

PRIME Finance announces revision of its arbitration rules

By Kasper Krzeminski and Camilla Macpherson. Rapid growth and ever-increasing complexity in the financial markets call for innovative solutions for dispute resolution. Some arbitral institutions have also created specialist rules to encourage a sector which has traditionally preferred the courts as a forum for resolving its disputes. P.R.I.M.E. Finance was established to lead the way in this regard, with a mission to reduce legal uncertainty and foster stability and confidence in the global financial markets

Released on Jun 3, 2021

Current trends in ‘umbrella clause’ claims arising from breaches of contractual obligations

By Samantha J Rowe and Svetlana Portman. ‘Observance of obligations’ clauses in investment treaties – so-called ‘umbrella clauses’ – have been the subject of discussion in the arbitration community for decades. This article explores current trends through the lens of a series of recent decisions addressing umbrella clause claims.

Released on Jun 3, 2021

Video conferencing (Vcon) and international arbitration: Zooming into data privacy, cybersecurity and technology issues in early procedural orders

By Robin Callender Smith. International arbitration, as it matures in a world of rapid digital and technological advances, inevitably throws up myriad novel issues and problems. Video conferencing (Vcon) is part of the technological and procedural climate change which is rapidly being processed and understood. The issues of data privacy, cybersecurity and technology need to be addressed as early and comprehensively as possible in procedural orders, given the extra impetus for Vcon in the context of Covid-19.

Released on Jun 3, 2021