Committee publications

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ERF D&I European Legal Sector Article

Equality, Diversity and Inclusion (ED&I) is a topic that is increasingly becoming part of core business strategy, no longer simply an issue for HR to consider. With increasing evidence that ED&I directly contributes to business outperformance, many business leaders today are looking to up their game in this space. How can we afford not to take this agenda seriously?

Released on Jul 14, 2021

Transfer pricing update: report on a session at the 10th IBA London Finance and Capital Markets Virtual Tax Conference

The panel examined two court decisions: the US Tax Court case decision in Coca-Cola, ruled on 18 November 2020, and the Impresa Pizzarotti decision by the Court of Justice of the European Union on 9 October 2020. The OECD Transfer Pricing Guidance on Financial Transactions were also addressed.

Released on Jul 12, 2021

M&A update: IBA Finance and Capital Markets Tax Virtual Conference 2021

A report on a conference session at the 10th annual IBA Finance and Capital Markets Tax Virtual Conference 2021. The panel discussed the current trends in merger and acquisition (M&A) structuring and taxation from a multi-jurisdictional perspective, focusing on Europe, the United Kingdom and United States.

Released on Jul 12, 2021

A brief introduction to China’s cash pooling regime

Released on Jul 12, 2021

Update on Class Actions in Australia

Australia’s class action regime has been in effect for over 25 years and is generally considered to be a balanced and very well-functioning system. However, over the last few years, some issues arising have caused disruptions, costly satellite disputes and some very strong partisan political interventions. These issues were mostly around the involvement of third-party litigation funders and multiple law firms vying for the ‘prize’ of running competing class actions.

Released on Jul 9, 2021

Independent directors: changing roles

The article provides the author’s view on the amendments proposed by the Indian Securities Exchange Board of India pursuant to the Consultation Paper on Review of Regulatory Provisions related to independent directors.

Released on Jul 8, 2021

Contractors Beware - Strict Compliance with Notice Requirements Following Maeda v Bauer

Whether or not a contractor or sub-contractor has complied with a contractual claim notification provision is often a highly contested issue in construction disputes given its potential to be determinative of the parties’ claims. The Hong Kong Court of Appeal’s recent judgment in Maeda Corp v Bauer Hong Kong, which adopts arguably the strictest approach to claim notification provisions among common law jurisdictions, should therefore be of interest to contractors and sub-contractors operating under Hong Kong law and other common law governed construction contracts. This article provides an overview of the dispute before considering its practical implications for contractual drafting and the performance of construction contracts.

Released on Jul 6, 2021

Indian Competition Law: a Comprehensive Analysis of MSMEs and Bid Rigging

The Punjab Haryana and Delhi Chamber of Commerce and Industry, India (PHDCCI) held an illuminating webinar on ‘Competition Law – Recent Developments and Impacts’, on 3 March 2021, covering areas of competition law in India, new trends emerging and their effect on the market. The practices with respect to competition law among micro, small and medium enterprises (MSMEs) are not currently well understood and need to be looked at more closely to improve understanding and engender a better competitive climate in the Indian market.

Released on Jul 6, 2021

A Game Changer in the Indonesian Investment Realm

The Indonesian government is committed to a campaign to increase investment into Indonesia, by, among others, improving the ease of doing business by carefully planned initiatives aimed at reform in the investment climate. To prove its commitment, one significant breakthrough is through the issuance of an umbrella regulation, the so-called Omnibus Law, that cuts down on bureaucratic red tape and streamlines the investment process.

Released on Jul 6, 2021

General counsel on harnessing technology to alleviate poverty

The social and financial impact of Covid-19 has led to one of the biggest shake-ups the not-for-profit sector has seen in decades. As the pandemic continues to raise a plethora of challenges, general counsel are finding innovative ways to ensure vulnerable communities get the support they so desperately need. Ruth Green reports.

Released on Jul 2, 2021

50/50 by 2030: barriers to gender parity in senior legal positions

Following the launch of the IBA 50/50 by 2030 project on gender parity in senior legal positions, Jennifer Venis spoke to senior female lawyers about what they expect the project will find.

Released on Jul 1, 2021

Law firms as drivers of sustainable boards

Boards of directors face growing concerns about business resilience and sustainability. Law firms play a crucial role in providing the type of advice corporates need and society deserves, while help shape the environmental, social and governance agenda for the future.

Released on Jun 30, 2021

Russian regulation of cryptocurrency and digital financial assets

Two new concepts of ‘digital financial assets’ and ‘digital currency’ were introduced into Russian legislation on 1 January 2021. These (1) provide for a legal basis for the turnover of digital assets under Russian law; and (2) are aimed at placing cryptocurrencies under governmental control in Russia.

Released on Jun 30, 2021

The EU’s draft regulation on artificial intelligence (part 1)

The first part of this analysis encompasses the AI Act’s scope, as well as prohibited AI practices, AI systems needing higher level of transparency and those subject to voluntary compliance. The second part will be published in the next volume of the Technology Law eBulletin, and will concentrate on high-risk AI systems and the outlined set of requirements for them.

Released on Jun 25, 2021

Indian data laws that made the headlines

This article discusses the technology and data related developments which made headlines recently and have the potential of changing the way companies do business in India.

Released on Jun 24, 2021

Open banking and emerging opportunities for Fintechs in Nigeria

Open banking is an emerging financial services model that focuses on the portability and open availability of customer data held by financial institutions. With the growth of financial technology (‘fintech’) companies, open banking may lead to a situation where a customer banking with multiple institutions can manage their accounts from a centralised location without having to check out from one system to another.

Released on Jun 24, 2021

20 years of Argentinian privacy law: its current status and what to expect

Released on Jun 24, 2021

China issues new foreign investment security review measures

Released on Jun 24, 2021

Domain names- still a (very) appreciated digital asset

It has been more than 20 years since companies, organisations and individuals began to build their digital identities around a domain name. That made sense in the late 1990s, when domain names were the natural extension of well-established brands and search engines and other digital tools were not as developed as they are now.

Released on Jun 24, 2021

Telemedicine in Spain today: regulatory and ethical challenges

This article’s focus is a very simple concept: telemedicine, which enables services normally performed by healthcare professionals to be accomplished by remote means with the support of information and communication technologies (ICT)

Released on Jun 24, 2021

Editor's note - Technology Law Committee

A message from the Editor of the Technology Committee from the June 2021 eBulletin.

Released on Jun 24, 2021

The EU’s new standard contractual clauses – ensuring international data transfers?

Transferring personal data from the European Union to third countries is riskier than ever. With its Schrems II decision (16 July 2020 – C-311/18), the Court of Justice of the European Union (CJEU) closed many loopholes and postulated a strict assessment of the laws of the importing country.

Released on Jun 24, 2021

The perspective of the Brazilian Federal Supreme Court on the right to be forgotten

Everyone has something in their life that they would like to simply erase from their memories. However, it is undeniable that while living in the information era and with today’s technology this may be difficult, as everything is recorded and registered and information spreads almost instantaneously around the world. The Brazilian Federal Supreme Court recently positioned itself with regards to the right to be forgotten.

Released on Jun 24, 2021

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