Committee publications

  • Subject
  • Region
  • Year
Tech or no tech? There is NO question. Lawyers cannot afford not to resort to new technological tools

A conference report on the ‘Tech or no tech? There is NO question. Lawyers cannot afford not to resort to new technological tools’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023

Green software, AI and trusted data: the impact of technology in ESG

A conference report on the ‘Green software, AI and trusted data: the impact of technology in ESG’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023

From blockchain to crypto: there and back again

A conference report on the ‘From blockchain to crypto: there and back again’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023

Rise of the machines: will lawyers be replaced by Artificial Intelligence? What do the services providers have to offer?

A conference report on the ‘Rise of the machines: will lawyers be replaced by Artificial Intelligence? What do the services providers have to offer?’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023

The challenge of data protection: new trends in terms of regulation, investigation and emblematic cases

A conference report on the ‘The challenge of data protection: new trends in terms of regulation, investigation and emblematic cases’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023

Big Data/big challenge: lawyers managing their information

A conference report on the ‘Big Data/big challenge: lawyers managing their information’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023

Acceleration, artificiality and abundance: how will the convergence of disruptive technologies impact the practice of law?

A conference report on the ‘Acceleration, artificiality and abundance: how will the convergence of disruptive technologies impact the practice of law?’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Released on Jul 25, 2023

Chile: The implications and pending challenges of recent cybersecurity regulations in Chile

This article seeks to address the cybersecurity bill currently being discussed in the Chilean Congress, identifying its main innovations and pending issues.

Released on Jul 24, 2023

Navigating the maze: implications of the EU’s AI Regulatory Framework for the electronic communications sector

: The proposed AIA and the proposals of the PLD II and AI Liability Directives of the European Commission will significantly impact AI systems within the electronic communications sector. This article examines key components of the impending AI Regulatory Framework and its potential effects on the electronic communications sector.

Released on Jul 24, 2023

M2M and IoT – similarities, differences and the European Regulatory Framework

M2M communications and IoT technologies are revolutionising connectivity between devices, offering smart solutions and creating new market opportunities. However, ensuring regulatory compliance, robust security measures and adequate contractual design are essential to maximise their benefits and mitigate potential risks.

Released on Jul 24, 2023

Regulation of digital platform services in Australia: tracking the European Union

In recent years, Australia has, similarly to the European Union and many other jurisdictions, shone a regulatory spotlight on the practices of digital platforms. This article looks at the steps Australia has taken – and is proposing to take – to regulate those platforms, including through the introduction of equivalent laws to the European Union’s Digital Markets Act (DMA) and Digital Services Act (DSA).

Released on Jul 24, 2023

Data privacy and protection in Pakistan

The dynamic adoption of technology has made the transfer and storage of private and personal data convenient, as the majority of transactions are now generated electronically. The exchange of data through such means has globally pushed for regulation of the collection, handling and processing of personal data and information in order to ensure its privacy and protection.

Released on Jul 24, 2023

Internet regulation – legislative proposals in Brazil

Digital Market Act- and Digital Services Act-like bills of law are being discussed in the Brazilian National Congress. At the same time, the Brazilian Supreme Federal Court is close to ruling the leading case on a platform’s liability for user-generated content.

Released on Jul 24, 2023

Cybersecurity in the electronic communications sector in Europe: navigating the digital frontier

In an era where digital has become the cornerstone of human society, cybersecurity has encountered unprecedent focus. Recognising the importance of ensuring security and the specific challenges of the electronic communications sector, the European Union has been establishing a robust legal framework, demanding a proactive and evolving approach against increasing and evolving cyber threats. However, cybersecurity is not a static field and, with technology continually advancing, this legal framework is constantly evolving, posing challenges to organisations.

Released on Jul 24, 2023

In search of a definition for private electronic communications networks (ECN) and non-publicly available electronic communications services (ECS)

The deployment of 5G network-based solutions and the increasing use of IoT technologies (in multiple fields, from healthcare to smart cities, industry and agriculture) have driven the demand for private connectivity systems. Despite establishing different regimes, the EU Electronic Communications Code (EECC) does not clearly distinguish between publicly accessible and non-publicly accessible electronic communications services.

Released on Jul 24, 2023

Conventional fuels in the age of climate crisis

In this feature, the first of two parts, Global Insight assesses the legal issues associated with conventional fuels – oil, gas, coal and nuclear – when it comes to responding to the ever-worsening climate crisis and the urgent need for energy transition.

Released on Jul 19, 2023

The legal landscape for fintech in Pakistan

In recent years, Pakistan has experienced rapid growth and innovation in fintech, reshaping the landscape of financial services within the country. This article aims to discuss the regulatory framework governing fintech in Pakistan.

Released on Jul 18, 2023

Lookback at Boston: IBA Transnational Crime Conference 2023

A report of the 25th Transnational Crime Conference, held 3–5 May 2023 in Boston, Massachusetts.

Released on Jul 18, 2023

Beneficial ownership registry coming to the United States

Starting in 2024, for the first time the United States Corporate Transparency Act will require millions of companies to report to the Treasury Department about their principal beneficial owners and controlling persons. Non-exempted business entities formed or registered in the US and in existence after this year must furnish specified identifying information to a federal database, which will be open to relevant governmental authorities and (in connection with KYC and AML diligence) financial institutions, though not to the general public. Affected companies should act promptly to comply with the CTA.

Released on Jul 18, 2023

Construction Law International - July 2023

Released on Jul 17, 2023

Biodiversity: why should we worry?

The biodiversity loss theme is growing on the international sustainability agenda; is this a trend that has come to stay? How does it align with demands on climate change?

Released on Jul 10, 2023

Pakistan’s Draft National AI Policy: fostering responsible adoption and economic transformation

In May 2023, Pakistan’s Ministry of IT & Telecom introduced a Draft National AI Policy (Policy) as part of its Digital Pakistan vision. This article explores the Draft National AI Policy, highlighting its objectives, targets, implementation framework, and the significance of addressing ethical considerations.

Released on Jul 6, 2023

AI: brief global regulatory summary, trends and the Argentine status

In recent months, the development of artificial intelligence (AI) systems – with Chat GPT as its representative icon – marked a significant milestone due to its unsuspected advances from less than a year ago and the exponential growth of its use. This has resulted in global reactions from governments, academics and, as far as lawyers are concerned, a sort of legislative rally in attempting to regulate it.

Released on Jul 6, 2023

E-pharmacies and the law: an uneasy balance

The pharmaceutical supply chain in India has traditionally relied on small neighbourhood pharmacies for last-mile distribution. Such pharmacies have proliferated to the point where there is often one on each street, and several within a square mile, in every city. Access to brick-and-mortar pharmacies has therefore generally not been a problem in India, at least in most urban areas, and the industry has prospered over the years.

Released on Jul 6, 2023

DORA: how to strengthen financial entities’ digital operational resilience

Operational risks in the financial sector are traditionally addressed by enhancing financial resilience through capital adequacy requirements or prudential oversight. Given the increased digitalisation and interconnectedness of financial institutions, the European Union has created a regulatory framework which is essentially aimed at preventing and mitigating ICT-related incidents and cyber threats via targeted rules on ICT risk management capabilities, reporting and testing and third-party risk monitoring.

Released on Jul 6, 2023

The employability of artificial intelligence in the legal sector: should robots aid or call the shots?

Artificial intelligence (AI) has started to become established in major legal sectors worldwide. However, risks of algorithmic biases remain real concerns, particularly for the global legal sector. This article explains the most evolved use-cases of AI in the legal sectors, associated risks and the contemporary global deliberations concerning statutory regulation of AI across significant jurisdictions, suggesting the necessity of human intervention in handling the complexities of such systems.

Released on Jul 6, 2023

AR and VR devices in the healthcare business: legal and ethical challenges

The recent announcement made by Apple regarding the upcoming release of their new mixed reality headset, known as Apple Vision Pro, has sparked high expectations for its potential applications in healthcare. However, alongside these expectations, legal and ethical concerns have emerged. The fundamental question revolves around the potential benefits of augmented reality and virtual reality devices in the healthcare sector and their impact on critical areas such as privacy, security, and ethics.

Released on Jul 6, 2023

Private equity alternative liquidity: secondary transactions, GP led transactions, etc

This session focused on general partner (GP)-led secondary transactions, where a fund's GP sells an asset of a fund to a continuation fund (CF) managed by the same GP. The main economic rationale behind these transactions is enabling willing investors to continue exposure to well-performing assets, while allowing new investors into the CF.

Released on Jul 4, 2023

The history of the 2020 revision of the IBA Rules on the Taking of Evidence in International Arbitration

By Fernando Mantilla-Serrano, former Co-Chair, IBA Arbitration Guidelines and Rules Subcommittee. The 2020 IBA Rules of Evidence, the second revision of the IBA Rules of Evidence since their inception in 1999, is a thoughtful and delicate exercise in fine-tuning the Rules and ensuring their continued alignment with evolving best practices in international arbitration.

Released on Jun 30, 2023

The 2020 amendments to the IBA Rules on the Taking of Evidence in International Arbitration

By Álvaro López de Argumedo Piñeiro, former Co-Chair of the IBA Arbitration Guidelines and Rules Subcommittee. The 2020 review of the IBA Rules on the Taking of Evidence in International Arbitration applied the ‘if it ain’t broke, don’t fix it’ maxim. The existing rules had achieved a successful balance between civil and common law traditions, as reflected in the 2016 IBA report on the reception of the IBA arbitration soft law products. This meant that only minor changes were required, mainly to adjust the rules to new and already widely accepted trends in international arbitration, and to take into account the technological challenges facing the arbitration community.

Released on Jun 30, 2023