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Committee publications

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Not a ‘family’ business: enterprise or professional debts cannot be paid by the patrimonial fund constituted for the needs of the family

The matter of asset protection is growing in importance, especially for massive assets, since the Italian 2017 Budget Law introduced the so-called ‘flat tax’.

Released on Aug 4, 2021

Complications surrounding the practice of enforcement of foreign decisions in Turkey

Court decisions and arbitral awards (hereinafter referred as decisions) reflect the sovereign power of the country in which they are rendered, and as a rule, they can only have an effect within the borders of that country. For the same reason, for a decision rendered in a foreign country to be able to have effect in Turkey, it is necessary to first be enforced by Turkish courts.

Released on Aug 4, 2021

Final steps for the digital transformation of Italian civil proceedings – the development of remote justice in the Italian civil courts

In 2012, the Italian Government started the digital transformation of Italian civil proceedings by introducing the laws and tools needed for civil proceedings by electronic means (the so-called Processo Civile Telematico). In particular, Law Decree no. 179/2012 provided that, as of 30 June 2014, civil proceedings could be initiated by electronic means before the courts of first instance and, as of 30 June 2015, before the courts of appeal. As a consequence, nowadays lawyers are allowed to file a digitally signed PDF version of a judicial submission before any Italian court of first instance and court of appeal.

Released on Aug 4, 2021

Brexit’s impact on litigation

The United Kingdom is one of Poland’s most important trading partners. When the UK left the European Union, not only did trade become more difficult, but litigation also became more problematic for business owners.The United Kingdom is one of Poland’s most important trading partners. When the UK left the European Union, not only did trade become more difficult, but litigation also became more problematic for business owners.

Released on Aug 4, 2021

Remote justice and the future of litigation in Turkey

Even before the World Health Organization declared the Covid-19 virus a pandemic, there had been an increasing need for more efficient use of information systems and digitalisation in the Turkish judicial system.

Released on Aug 4, 2021

Serving by email under the Hague Convention for cases in the US courts

Imagine the defendant in the lawsuit you are about to commence in the federal courts in the United States resides in a country that is a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Convention).

Released on Aug 4, 2021

Drafting – do we need to switch it up?

The interpreting and drafting of contracts is an age-old cornerstone of a lawyer’s daily tasks. The techniques, rules and methods for doing so have changed throughout the years. However, recent developments due to the incessant and exponential way the language is evolving in times of text messaging, online communications and use of artificial intelligence to draft documents means it may be time that some serious reconsideration is given to drafting and interpreting contracts going into the future.

Released on Aug 4, 2021

So you want to challenge? The right to be heard as a path to challenging arbitration awards through the courts in Austria

Unlike litigation, the arbitration process usually offers no clear-cut route to review or to appeal against an arbitration award. It is often difficult for the dissatisfied party in an international arbitration to make a successful challenge to the award.

Released on Aug 4, 2021

The Latest Italian Anti-Corruption Law and the Struggles of its Implementation

Italian legislation on corruption and bribery matters has notably developed in the last decades and, in 2019, Italian lawmakers took decisive action against corruption, implementing Law 3/2019 –known as ‘Legge Spazza Corrotti’ (‘Sweep-the-Corrupt’ law). This article discusses the various constitutionality issues raised by this piece of legislation.

Released on Aug 3, 2021

New Tools for Old Targets: Anti-Corruption Enforcement by the United States Under the Biden Administration

President Biden made fighting corruption a focus of his foreign policy. New enforcement tools in the form of legislation passed just before his inauguration and the US Commodity Futures Trading Commission’s recent first enforcement action of a foreign-corruption scheme promises to shape his administration’s anti-corruption enforcement priorities.

Released on Aug 3, 2021

The EPPO Starts Operations on 1 June 2021

As the first European prosecutorial authority, the European Public Prosecutor's Office starts operations on 1 June 2021. The EPPO’s mission will be to prosecute criminal offences affecting the European Union’s financial interests.

Released on Aug 3, 2021

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 emphasis 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