Committee publications

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What may a lawyer do, what may a lawyer not do and what are lawyers expected to do?

Session summary from IBA Annual Conference 2023: The session ‘The role of the profession, ethics, representation and social responsibility’, held on 1 November 2023 in the chamber of the International Chamber of the Paris Commercial Court in central Paris, was led by Sandrine Giroud (of LALIVE in Geneva), Vice-Chair of the Litigation Committee, and Adam S Goodman (of Dentons in Toronto), Vice-Chair of the Rule of Law Forum. Panellists were Robert Steven Bernstein (of Holland & Knight, New York), Christopher Stephens (of the World Bank, Washington), and Ambassador Ret. François Zimeray (of Zimeray Finelle, Paris). The discussion addressed the pressure lawyers could face from their clients, the limits of free speech, but also whether the concept of universal rights was under attack.

Released on Apr 4, 2024

Litigating in and about the metaverse

A summary of the IBA Litigation Committee and Technology Law Committee’s IBA Annual Conference session on ‘Litigating in and about the metaverse’. The session took place on 1 November 2023 and examined issues that litigators will need to confront as this new area continues to develop.

Released on Apr 4, 2024

In memoriam: Senator Joseph Lieberman

The IBA was saddened to hear of the passing of Senator Joseph ‘Joe’ Lieberman, who died on 27 March 2024 at the age of 82.

Released on Mar 28, 2024

Proposed amendments to Switzerland’s anti-money laundering and sanctions framework

An article on proposed amendments to Switzerland’s anti-money laundering and sanctions framework by Matthias Gstoehl and Benoit Mauron.

Released on Mar 27, 2024

Requirement to hold an Australian financial services licence potentially applies to overseas companies

The Australian Government has proposed significant changes to the regulation of overseas companies seeking to provide financial services to clients in Australia, as this article explains.

Released on Mar 20, 2024

Digital banking versus traditional banking in Türkiye: the legal considerations for consumer protection

In the Turkish finance sector, digital banks offer a plethora of advantages, including cost savings, convenience and technological innovation, making them increasingly popular among consumers seeking efficient and accessible banking solutions. However, these advantages come with their own set of drawbacks, such as limited physical presence, security concerns and potential challenges for certain demographics. This article discusses the consumer protection regime that applies to digital banking.

Released on Mar 20, 2024

Banking secrecy laws in Mauritius – is Norwich Pharmacal relief excluded by the statutory regime under the specific provisions of the Banking Act 2004?

The judgment from the Judicial Committee of the Privy Council (the ‘JCPC’) in the case of Stanford Asset Holdings Ltd (Stanford) and another v AfrAsia Bank Ltd (2023) UKPC 35, delivered on 10 October 2023, has shed new light on the court's jurisdiction in respect of the question of whether Norwich Pharmacal relief is excluded by the statutory regime under the specific provisions of the Banking Act 2004.

Released on Mar 20, 2024

Proposed implementation of the NPL Directive in Romania

Recent developments in Romanian financial legislation concern the transposition of the Non-Performing Loans (NPLs) Directive into Romanian national law. Against the backdrop of an expired implementation deadline, attention has turned to two significant draft bills released for public debate. Firstly, a draft government emergency ordinance aimed to facilitate the transposition process. Secondly, a draft order issued by the National Bank of Romania, which mandates credit institutions to report on assigned NPLs.

Released on Mar 20, 2024

The origin and legislative evolution of whistleblowing in the Italian legal system

This article considers the adoption of legislation to protect whistleblowing in Italy, following international recommendations and obligations. The articles considers the history of whistleblowing legislation in Italy, before detailing Legislative Decree No 24.

Released on Mar 20, 2024

Permanent residency investment visas in Brazil: the new real estate investment visa

This article deals with permanent residency visas based on investments in real estate property in Brazil. Contrary to what may have been previously thought, Brazil’s federal legislation has a vast range of investment visas, which may grant permanent residency and a future path to nationality. Among these, it is worth mentioning the permanent residency visas based on investments in real estate property in Brazil. This sort of permanent residency was introduced under the Immigration National Council’s (Conselho Nacional de Imigração—CNIg) Legal Resolution No.36 of 2018.

Released on Mar 15, 2024

Wrap-up From Paris IBA Conference 2023!

A report from the Regulation of Lawyers Committee covering a session at the 2023 IBA Annual Conference in Paris.

Released on Mar 15, 2024

India: The Mediation Act 2023 - will the ADR wave pick up momentum?

An overview of the Mediation Act 2023. The Act provides for a comprehensive framework to promote and invigorate mediation as a successful mode of alternate dispute resolution.

Released on Mar 11, 2024

How might new mediation laws change the future of litigation?

Mediation as a concept within law isn’t new. However, in the last two decades, the European Union has made great efforts to push mediation as an alternative to court- based litigation to achieve a “balanced relationship between mediation and judicial proceedings”. However, the general consensus is that we’re still far from this goal. Why is this, and what changes might recent laws have on the future of mediation as a resolution tool?

Released on Mar 11, 2024

Winning at mediation!

Focusing on beating your adversary and 'winning the mediation' rather than obtaining the best result for your client ignores the nature of negotiation—agreement is voluntary.

Released on Mar 10, 2024

Navigating the fintech landscape in Pakistan: legal framework, opportunities and challenges

The financial industry in Pakistan is rapidly evolving, offering a plethora of opportunities while also posing distinct problems. This expansion is fuelled mostly by technical improvements, a young and tech-savvy population and a favourable regulatory framework. However, the legal landscape surrounding fintech in Pakistan is complex, with various regulatory bodies and legal instruments. This article examines the legal framework, prospects and obstacles in Pakistan’s fintech sector, including legislative analysis and examples of emerging technologies.

Released on Mar 7, 2024

Updated IBA Guidance Note on Business and Human Rights: The role of lawyers in the changing landscape

In November 2023 the IBA Council approved the Updated Guidance at the IBA Annual Conference in Paris.

Released on Mar 5, 2024

When arbitration meets crime – Inaugural conference, São Paulo 2024

January 2024 saw the first When arbitration meets crime Conference, held in São Paulo, Brazil and co-presented by the IBA Arbitration Committee, the IBA Business Crime Committee, the IBA Criminal Law Committee, the IBA Asset Recovery Committee the IBA Litigation Committee and the IBA Latin America Regional Forum.

Released on Feb 27, 2024

IBA Criminal Law Section at the 2023 IBA Annual Conference, Paris

The IBA’s Annual Conference took place between 29 October and 3 November 2023 in Paris, France. As always, the Conference – the IBA’s largest event with some 10,000 participants from the legal profession – was a great opportunity to catch up with acquaintances and forge new links within the criminal law community and beyond.

Released on Feb 27, 2024

New regulations for marketplaces and other digital platforms: latest updates in Argentina, Brazil and Mexico

This article reviews the latest legal updates regarding regulation and scrutiny of marketplaces and other digital platforms operations in Argentina, Brazil and Mexico from an antitrust, data privacy and consumer protection standpoint, and their relationship with recent European regulations such as the Digital Services Act (DSA) and the Digital Markets Act (DMA).

Released on Feb 26, 2024

The importance of being resident: is it possible to simplify the notion of tax residence of individuals?

Attempts by Italian tax lawmakers to simplify the notion of tax residence have come up against complications related to the mobility of individuals and the possibility of having professional and personal ties to several countries.

Released on Feb 26, 2024

Law Firm Management Committee – reports from 2023 IBA Annual Conference in Paris

This report recaps some of the highlights of the Law Firm Management Committee sessions at the 2023 IBA Annual Conference.

Released on Feb 23, 2024

Report – IBA Annual Conference, Paris, 29 October – 3 November 2023

Released on Feb 23, 2024

French Administrative Supreme Court decision on tax regime for BSPCEs and implications for employees and directors of French startups

In early February, the French Administrative Supreme Court issued a favourable ruling regarding the tax regime for BSPCEs (bons de souscription de parts de créateur d'entreprise), a particular type of stock option. This article describes the case leading to this ruling and the implications.

Released on Feb 21, 2024

Brazil’s constitutional taxation overhaul: a comprehensive analysis

After nearly three decades, Brazil’s Congress has approved the Brazilian tax reform on value added tax. This aspect of tax law has been discussed since almost the enactment of the Federal Constitution itself in 1988, and there have been several failed attempts to simplify the current tax system. This article aims to analyse the main aspects of the Brazilian tax reform, which was enacted in December 2023.

Released on Feb 21, 2024

Interpretation of EU tax directives and the impact on the national laws of EU Member States

The interpretation and impact of EU tax directives on Member State national laws is a fairly new element in the discussions with national tax authorities in the EU, for example, discussions concerning the granting of an exemption that is based on an EU tax directive. In order to interpret the national laws that transpose EU tax directives, one needs to look beyond the national laws themselves. It is necessary to analyse the meaning of the EU tax directive in question. It is important to ascertain what exactly is the obligation on Member States and what is the meaning of certain terms in the EU tax directive that has been transposed into national law? These types of questions relate to the interpretation of EU tax directives and are increasingly relevant for all EU Member States. Moreover, the specific EU tax directive and the context in which it was developed has an impact on the interpretation of the national laws of a particular Member State. These aspects are discussed in this article.

Released on Feb 20, 2024

Peruvian Tax Authority revises the approach to the indirect transfer of shares and the Double Taxation Treaty between Peru and Chile

The Peruvian Tax Authority has issued Internal Report No. 117-2023-SUNAT/7T0000 concluding that, under the Double Taxation Treaty (DTT) between Peru and Chile, capital gains obtained by a company resident in Chile from the indirect transfer of shares of a company resident in Peru, through a transfer of shares issued by a Chilean company, can also be taxed in Peru, in accordance with Article 21 of the DTT. This new decision revises the interpretation of the DTT included in Internal Report No. 001-2021-SUNAT/7T0000, in which the Peruvian Tax Authority stated that capital gains in such cases could only be taxed in Chile.

Released on Feb 20, 2024

Overview of recent updates to Brazilian tax legislation

The year 2023 brought significant changes to the Brazilian tax landscape, including, among others, the approval of a tax reform encompassing the taxation of consumption, the introduction of new taxes (IBS, CBS and IS) and the abolishment of others (PIS, COFINS, IPI, ICMS and ISS), as well as the alignment of the Brazilian transfer pricing rules with the Organisation for Economic Co-operation and Development’s (OECD) Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations through the conversion of Provisional Measure No. 1,152/2022 into Law No. 14,596/2023. This article provides a brief summary on the key changes from the past year and early 2024.

Released on Feb 20, 2024

Power Law: Editorial February 2024

John Vellone, Newsletter Editor of the IBA Power Law Committee introduces the latest collection of articles from Committee members.

Released on Feb 19, 2024

The rise of utility-scale storage in Canada

Utility-scale energy storage in Canada is undergoing a transformative shift, marked by a surge in market engagement over the past three years. In Canada, provinces wield a strong constitutional authority in energy matters. Ontario, the country’s most populous province has taken a pioneering stance in addressing increasing energy demands and an imminent capacity shortfall. The Independent Electricity System Operator (IESO) has embarked on ambitious procurements to secure a significant future capacity increase of utility-scale storage. The evolution of storage technology, coupled with public investment and policy updates, underscores its pivotal role in decarbonisation, cost reduction, and grid resiliency.

Released on Feb 19, 2024

Italy: the rise of utility-scale energy storage technologies

Energy transition – the need to achieve progressive and complete decarbonisation by 2050 – presents Italy with important challenges in increasing energy production from renewable resources on the one hand, and the necessary progressive increase in the availability of utility-scale energy storage capacity on the other. The Italian legislator has acted to guarantee a long-term supply system of new storage capacity by introducing a mechanism based on competitive, transparent and non-discriminatory auctions. The system recognises the right to an annual remuneration, in exchange for the provision of the awarded capacity as part of the national energy market.

Released on Feb 19, 2024