In the context of its 50th anniversary celebration, the IBA Arbitration Committee is delighted to bring you a very special edition of the Committee’s Newsletter, dedicated to each of its main soft law products: the IBA Rules of Evidence, the IBA Guidelines on Conflicts of Interest and the IBA Guidelines on Party Representation. The purpose of this special edition is to memorialize the history of the creation and revision of the IBA Rules and Guidelines, with its challenges, discussions, doubts, difficult choices, criticism, achievements – and anecdotes, written by those who chaired those initiatives.
Released on Sep 14, 2023
Welcome to this very special edition of the Newsletter entirely dedicated to the main soft law products produced by the IBA Arbitration Committee. In an ever-evolving global legal landscape, soft law has emerged as a dynamic and flexible tool for addressing complex issues in international arbitration. The IBA Arbitration Committee’s commitment to developing and disseminating these soft law products has played a pivotal role in shaping the practice of international arbitration worldwide.
Released on Sep 14, 2023
The European ‘fair share’ debate is certainly one of the ‘telecommunications’ hypes of 2023, and so far has created an incredible mass of work for consultants, lobbyists and conference organisers. This subject has become an absolute priority for the largest European telcos, assuming a very important role in the digital agenda of the European Commission lead by commissioner Thierry Breton, former Chief Executive Officer of Orange, the French telecom incumbent.
Released on Sep 13, 2023
In the last few years, we have experienced changes making it possible for CEOs to create sustainable business strategies in emerging markets. The question has been: how can an Oil and Gas General Counsel (GC) influence news or updated business strategies – namely when going to Angola or to Sub-Saharan Africa and create successful new joint ventures or a local supplier development model? Legal roles have transformed from a legal advisor to a business partner. There is a need to transform current business strategy.
Released on Sep 13, 2023
In 2021, Mark Zuckerberg's ambition was to bring internet users into the metaverse. Web giants and major brands have mobilised to develop their projects there. Although there is currently a period of less enthusiasm for the metaverse, it presents real opportunities for a variety of sectors, from gaming to sports, real estate to leisure, retail to education and many others.
Released on Sep 12, 2023
By Mark Friedman, former Co-Chair, IBA Arbitration Committee. After several years of study and public consultation, a Task Force of 23 senior, diverse lawyers created voluntary, opt-in guidelines for a basic level of party representatives’ conduct in five aspects of international arbitration
Released on Sep 12, 2023
By Julie Bedard, former Chair of the Guidelines Task Force, and Amanda Raymond Kalantirsky. The goal of the project was to prepare guidance for the arbitral community on certain ethical issues that may arise in arbitration in order to level the playing field among counsel in international arbitration in the absence of universally applicable rules. One significant point of debate was the power and jurisdiction of arbitration tribunals to handle counsel conduct issues. The Task Force also wrestled with differences between rules applicable to and practices of common lawyers and civil lawyers on a number of points, including the need to preserve evidence and the duties of candor or disclosure to the arbitration tribunal.
Released on Sep 10, 2023
A note from the Editors of the IBA Maritime and Transport Law Committee, Bruce Paulsen and Jim Bercaw.
Released on Sep 7, 2023
A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Ulla von Weissenberg and Henrik Hagberg.
Released on Sep 7, 2023
An interview with Patrick Holloway, Co-Vice Chair of the IBA Maritime and Transport Law Committee and partner at Webber Wentzel, Cape Town.
Released on Sep 7, 2023
This article examines the intersection of EU competition law and maritime law with a focus on shipping alliances. It outlines many instances of shipping alliances that the European Commission has looked into for possible violations of EU competition legislation as well as the serious repercussions of such violations in the shipping sector.
Released on Sep 7, 2023
With the increased focus on climate change, a series of initiatives have been introduced by the IMO and the EU to reduce greenhouse gas emission in the shipping industry. One measure, the Carbon Intensity Indicator (CII), may have a significant impact on valuation of vessels. BIMCO has released a CII Clause, which allocates the contractual responsibility for compliance under time char-ters – but questions may validly be raised about it.
Released on Sep 7, 2023
The overriding message is to listen rather than advocate. Advocate is what the lawyer does in litigation or arbitration – to present the client’s case in the best light. But in mediation it’s all about underlying interests.
Released on Sep 7, 2023
An update from the Committee on the array of conference sessions and webinars we have been involved with and are planning, plus news on UNCITRAL and the IBA-VIAC Consensual Dispute Resolution Competition
Released on Sep 7, 2023
The Poseidon Principles are certain principles introduced by a group of leading banks operating in the shipping finance field worldwide. They have also created an association with the same name: the Poseidon Principles Association.
Released on Sep 7, 2023
In the first issue of the newsletter, we focus on the latest judgments and trends in the world of asset recovery.
Released on Sep 7, 2023
Since the Covid-19 pandemic, Brazilian contractual law has evolved considerably, by removing certain legal formalities and regulations that no longer have a place in a virtual and globalised world. Franchising legislation has undergone a similar evolution.
Released on Sep 3, 2023
One of the most critical aspects in drafting and managing franchise agreements concerns encroachment. This article will explore the different approaches followed by Italian courts with respect to: (i) the competing activity of the franchisor, selling through parallel sales channels; and (ii) the indirect liability of the franchisor for competing activities enacted among its franchisees.
Released on Sep 3, 2023
The First Ministerial Latin America and the Caribbean Tax Summit for Inclusive, Sustainable and Equitable Global Taxation took place on 27 and 28 July in Cartagena de Indias, Colombia. It was attended by authorities from the ministries of finance and economy of 16 countries, as well as political leaders and representatives of international, regional and civil society organisations. This article summarises the conference.
Released on Sep 3, 2023
The Mexican Tax Administration Service has construed the term ‘business profits’ under domestic law, leading to the denial of treaty benefits to foreign residents. Federal tax courts have supported this interpretation, resulting in double taxation due to a deficient interpretation.
Released on Sep 3, 2023
The past few decades have witnessed a widespread improvement in investor confidence and positive market sentiment, catapulting India’s image as a global investment hub. While the government’s policy initiatives, such as ‘Make in India’ liberalising Foreign Direct Investment in over 25 sectors, aim to catalyse ease of doing business, recent amendments to regulations, such as Indian Penal Code 1860, the Companies Act 2013, Insolvency and Bankruptcy Code 2016 and the Prevention of Corruption Act 1988, are enablers in preserving the economic reputation of the country by effectively tackling fraud, corruption, bribery and serious white-collar crimes.
Released on Sep 3, 2023
Family offices are not the intended target of the OECD global minimum tax initiative, but advisers may be underestimating the number of private wealth structures that will be affected by these rules. This article explains how family office structures can be subject to the global minimum tax and recommends that these organisations assess the consequences – and consider options for mitigation.
Released on Sep 3, 2023
Ten years ago, the IBA Council unanimously adopted the IBA Guidelines on Party Representation in International Arbitration. Yet, the Guidelines were at the time of their adoption harshly criticised within parts of the arbitration community. This article by Alexis Mourre, former Co-Chair of the IBA Arbitration Committee, considers those criticisms.
Released on Sep 3, 2023
Legal professional privilege is not to be tampered with. It is a principle of such a fundamental nature that it imposes itself even on legislators. This is, in essence, the Belgian Constitutional Court’s message in its judgment of 20 July 2023 in a matter initiated by the Order of Flemish Bars (Orde van Vlaamse Balies or OVB) and other petitioners against the Flemish regional implementation decree of the DAC-6 Directive, as this article explains.
Released on Sep 3, 2023
: The IBA Banking Law Committee held a webinar on 11 July 2022 to discuss the practice of the enhancement of debt in financial restructurings from an international perspective. This article summaries the content of this webinar.
Released on Aug 28, 2023
How cryptocurrency is conceived of as property or asset and different jurisdictions’ approach to restraints, forfeitures and seizures. This article will discuss how Australia, the UK and the US have identified and categorised cryptocurrency as an asset or as property and the implications of that classification for regulatory and enforcement outcomes.
Released on Aug 28, 2023
The Singapore government has recently announced that it will introduce a workplace anti-discrimination legislation in Parliament in the second half of 2024. Unfortunately, the proposed anti-discrimination legislation excludes prohibitions against discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC).
Released on Aug 28, 2023
At the beginning of 2023, France joined a handful of countries by adopting a specific law prohibiting practices aimed at modifying a person’s sexual orientation or gender identity, creating a criminal offence, with a clear definition and scope of conversion therapies. The Public Health Code was also amended accordingly.
Released on Aug 28, 2023
The movement towards securing rights for the LGBTQI+ community in India has been a subject of both progress and challenges. For years, the LGBTQI+ community has strived to attain recognition, equality and non-discrimination. In recent years, there has been tremendous progress in recognising rights of LGBTQI+people in India, and a growing awareness of the importance of inclusivity and diversity.
Released on Aug 28, 2023
This article discusses a defamation lawsuit around an initiative to equip educators with resources to teach students about sexual orientation and gender identity in the jurisdiction of Canada.
Released on Aug 28, 2023