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Committee publications

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The European Parliament Lays the Foundations of a Corporate Due Diligence and Corporate Accountability

The Members of the European Parliament have recently adopted a proposal for the drafting of an EU directive which aims at establishing and enforcing human and environmental due diligence duties for companies. Although this legislation initiative is still in its early stages, it is part of a growing momentum to hold companies accountable for the impacts of their operations. Stéphane de Navacelle, Julie Zorrilla, partners at Navacelle along with Thomas Lapierre, associate at Navacelle discuss the latest proposals which has the potential to take environmental and human rights due diligence to a new level.

Released on Aug 3, 2021

New York’s new power of attorney law is a welcome change

Practitioners will no longer need to apologise to their estate planning clients regarding the form of power of attorney required throughout the State of New York. The statutory form has been reworked – in the author’s view, this follows years of frustration for attorneys and their clients alike.

Released on Aug 2, 2021

Israeli Tax Authority actively approaches Switzerland to obtain information

In July 2021, the Israeli Tax Authority requested information from the Swiss Federal Tax Administration on affluent Israelis and their families in connection with bank accounts and assets held by them in Switzerland, individually and through foreign companies.

Released on Aug 2, 2021

From the Co-Chairs – Communications Law

An introduction to the August 2021 IBA Communications Law Committee newsletter

Released on Aug 2, 2021

New Steps into Media Regulation: German Pioneer Legislation for Platforms, User Interfaces and Intermediaries

This article addresses Germany’s new State Treaty on the modernisation of media legislation (Medienstaatsvertrag or MStV). Special emphasise is given to the aims of new media regulation, in particular the regulation of media platforms, user interfaces and media intermediaries.

Released on Aug 2, 2021

The Brazilian National Data Protection Authority’s Established Guidelines on Best Practice Regarding Data Breaches

Incidences of several cases of data leaks reported in Brazil in early February 2021, has resulted in the Brazilian Data Protection Authority (ANPD) issuing general guidelines on how data subjects and data processing agents should proceed when they are involved in data breaches

Released on Aug 2, 2021

The European Commission’s Ambitious Regulatory Agenda in the Field of Digital Services and AI: a status update from Brussels on the DSA, DMA and AI Act

The European Commission has demonstrated an extremely ambitious agenda for digital regulation with the publication of ground-breaking proposals to introduce new rules to regulate online platforms and govern the use of artificial intelligence (AI). These proposals, which are now under discussion in the European Parliament and Council, demonstrate a desire to set global standards for the regulation of digital platforms and services, and adopt legislation with extraterritorial reach to shape the way in which international companies conduct their business in the digital marketplace.

Released on Aug 2, 2021

Chile’s Public Bid Process for 5G Services and its Key Characteristics

It is an undeniable truth that connectivity is becoming an everyday essential asset to humankind. In such a way, the deployment of 5G services has been chosen by governments and international entities as one of their main objectives, understanding that a swift improvement to their networks would make a huge difference in the tech race, along with allowing the community the benefits of countless new digital tools, products, and services. This article briefly shows how the 5G public bidding process was came about and developed in Chile and describes some of its key characteristics.

Released on Aug 2, 2021

Governance in the Digital Economy: the Challenge of Governing Algorithms

The ‘Fourth Industrial Revolution’, as coined by Klaus Schwab, creates new governance challenges. We are immersed in a digital transformation triggered by the exponential effect of emerging technologies that are changing the world: changing the way we communicate, socialise, entertain, work, produce, and provide services. Among the exponential technologies, AI (which can be defined as a collection of technologies that combines data, algorithms, and computing power) is one of the most important applications of the data economy.

Released on Aug 2, 2021

EU Draft Regulation for Regulating AI

The European Commission has taken a step forward in its strategy aimed at achieving a trustworthy artificial intelligence (AI) environment within the European Union (EU): on 21 April 2021, the European Commission published its proposed Regulation on Artificial Intelligence (draft Regulation). This article outlines this regulation, its requirements, penalties, data governance and future projections.

Released on Aug 2, 2021

From the Co-Chairs, Antitrust Section, July 2021

A message from the Co-Chairs of the Antitrust Section, July 2021.

Released on Jul 28, 2021

Eradicating Poverty Through Social Development: A Practical Guide for Lawyers

United Nations Sustainable Development Goal 1 – the eradication of poverty in all its forms everywhere – can be achieved by 2030, but it will require catalytic leadership and hard work by the legal profession. Active involvement in the elimination of poverty has become the ethical obligation of every lawyer. This book, edited and authored by members of the IBA Poverty and Social Development Committee, is a compilation of commentary and case studies about the broad variety of initiatives and actions that lawyers in all sections of the profession worldwide – law firms, law schools, bar associations and corporate law departments – are taking to achieve sustainable progress in the fight against poverty and the betterment of the communities they serve.

Released on Jul 26, 2021

How to bid successfully: Business Development and Marketing Subcommittee guide, July 2021

Bids, tenders and pitching for work is part of life for every law firm. However, firms that don’t have a clear bids strategy and process, aligned to the firm’s growth plans can spend a lot of time and money with little return. This guide shares some top tips to help improve your bid and pitch win rate.

Released on Jul 23, 2021

The digitisation of central bank currencies among the major economies – the current landscape

To date, the central banks of approximately 65 countries are in some stage of initiating or developing a programme of digitising their central bank currencies. This digitisation has the potential to minimise costs in cross-border transactions, increase financial inclusion and improve the efficiency of monetary policy implementation. This article details the programmes among the world’s major economies.

Released on Jul 21, 2021

Common reasons for study permit refusals in Canada

This article outlines common reasons that study permit applications are refused by Canadian IRCC officers, the judicial review process for foreign students who wish to dispute the decision made on their application, and how the courts ensure procedural fairness.

Released on Jul 16, 2021

The post-Brexit era: where are we now?

Individuals and organisations alike are getting to grips with how the immigration landscape has changed in a post-Brexit era. EEA nationals will now be treated like non-EEA nationals and will require immigration status to live and work in the UK. This article provides answers to some of the questions that organisations may have concerning the changes to immigration status.

Released on Jul 16, 2021

EU nationals in the UK: an unseen pandemic in already uncertain times

This article argues that an unseen pandemic is affected EU nationals wishing to make the UK their home: the need to obtain immigration permission under the EUSS. A lack of information or communication during the Covid-19 pandemic has resulted in hundreds of thousands of EU nationals failing to apply for the correct status, therefore putting their access to various rights in jeopardy.

Released on Jul 16, 2021

The acquisition of Turkish citizenship through the purchase of real estate

New amendments to the Turkish Citizenship Law concerning the reduction of monetary limits means the purchasing of real estate has become a preferred method for foreigners in Turkey to acquire Turkish citizenship. This article outlines the acquisition of Turkish citizenship through this exceptional avenue.

Released on Jul 16, 2021

New pathways to international protection: Emergency Evacuation Visas

This article advocates for the adoption and endorsement of Emergency Evacuation Visas (EEVs), and argues that EEVs are a necessary and urgent contribution to the problems facing direct and legal access to asylum and resettlement worldwide.

Released on Jul 16, 2021

Supporting Neurodiversity in the Workplace

Until recently, neurodivergent individuals are likely to have been treated in a different and unfair way, which causes disempowerment, discrimination and unequal life opportunities. There is still a long way to go in terms of tackling the stigma. However, companies are becoming increasingly aware that great minds think differently, and that employing people who are neurodiverse can be a huge competitive advantage.

Released on Jul 14, 2021

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