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The IBA’s response to the situation in Ukraine
Released on Aug 11, 2021
The International Bar Association’s Human Rights Institute (IBAHRI) has joined several non-governmental organisations (NGOs) in signing a statement condemning restrictions on freedom of expression in China, particularly in relation to citizen journalists, human rights advocates and lawyers.
Released on Jul 14, 2020
China’s imposed National Security Law for Hong Kong SAR is being used to curtail the democratic freedoms of the semi-autonomous territory. The lack of consultation is objectionable.
Released on Jun 30, 2020
On 30 January 2020, the World Health Organization declared Covid-19 to be a public health emergency of international concern. On the same day, the China Council for the Promotion of International Trade (CCPIT) announced that it would issue ‘force majeure certificates’ to affected Chinese companies to help minimise economic losses arising from the outbreak and consequential events.
Released on Jun 1, 2020
In an open letter to Sri Lanka’s Minister of Justice, the Hon. Nimal Siripala de Silva, the International Bar Association’s Human Rights Institute (IBAHRI) has called upon the country’s government to abide by due process and uphold the rule of law in the case of Sri Lankan lawyer Hejaaz Hizbullah.
Released on May 13, 2020
Along with loss of life, another victim of Covid-19 has been the economy.All businesses from aviation to hospitality have tested positive for Covid-19. The first thing all businesses start doing when faced with such losses is cut spending and limit themselves to the bare essentials of conducting business.
Released on May 4, 2020
The international legal community is seriously concerned by the arrest of 15 veteran pro-democracy figures in Hong Kong on Saturday 18 April 2020. In what appears to be a further clampdown on civil liberties and democracy following the 2019 protests, which began over the introduction of a controversial extradition bill, those arrested today include senior figures in the pro-democracy movement.
Released on Apr 20, 2020
The International Bar Association’s Human Rights Institute (IBAHRI), together with a number of concerned bodies and non-governmental organisations, has issued a joint statement condemning the Chinese authorities’ use of the COVID-19 pandemic as a pretext to restrain human rights lawyer Wang Quanzhang.
Released on Apr 20, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) expresses deep regret that a challenge to the constitutionality of Section 337A of the Republic of Singapore’s Penal Code outlawing any act of ‘gross indecency’ between men, was dismissed by Singapore’s High Court on 30 March 2020. Homosexual activity between adults has been illegal in Singapore since 1938 following the implementation of the Penal Code under British colonial rule.
Released on Apr 6, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) supports the decision of the Chief Executive of Hong Kong, Carrie Lam, to withdraw the extradition bill that would have allowed suspects to be sent from Hong Kong to mainland China for trial. Nevertheless, the IBAHRI calls on Ms Lam to start an investigation into the police brutality meted out against those protesting the bill and journalists covering the humanitarian emergency.
Released on Sep 12, 2019
The International Bar Association’s Human Rights Institute (IBAHRI) today announces the release of a report on a trial observation conducted in Myanmar into the proceedings taken against four accused charged with the murder of U Ko Ni, a prominent lawyer.
Released on Jul 4, 2019
News Release: Tuesday 13 February 2018. In an open letter to His Excellency Mr Xi Jinping, President of the People's Republic of China, the International Bar Association’s Human Rights Institute (IBAHRI) has called for the cessation of the persecution of human rights lawyers in China and for adherence to the international legal instruments that safeguard the independence of legal professionals.
Released on Feb 12, 2018
On 19 September 2017, the International Bar Association’s Human Rights Institute (IBAHRI) and Lawyers' Rights Watch Canada (LRWC) delivered an oral statement to the 36th Session of the United Nations Human Rights Council as part of an interactive dialogue with the Fact-Finding Mission on Myanmar.
Released on Sep 19, 2017
The International Bar Association’s Human Rights Institute (IBAHRI) is delighted to inform that eleven talented young Myanmar lawyers have been selected as recipients of the IBA Developing Bar Programme Award to attend the IBA Annual Conference, which will take place in Sydney, Australia, from 8 to 13 October 2017.
Released on Aug 7, 2017
On 14 June 2017, the International Bar Association’s Human Rights Institute (IBAHRI) delivered an oral statement to the 35th Session of the United Nations Human Rights Council as part of an interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar.
Released on Jun 14, 2017
News release: Tuesday 31 January 2017. The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns the killing of prominent Muslim lawyer U Ko Ni in Myanmar on Sunday 29 January 2017, and has called on the country’s authorities to carry out a thorough and impartial investigation into the slaying of long-time legal adviser to Daw Aung San Suu Kyi and the National League for Democracy (NLD).
Released on Jan 31, 2017
Recent footage of aboriginal boys being mistreated at an Australian juvenile detention centre provoked worldwide condemnation and prompted calls both within and outside the country for a full investigation into the misconduct. The graphic images showed six aboriginal boys at the Don Dale detention centre in the Northern Territory being physically restrained, assaulted and teargassed by guards in a style akin to the notorious methods used in the Abu Ghraib prison in Iraq
Released on Aug 11, 2016
The IBAHRI presents the film 'Myanmar: the long road to reform'. Following decades of brutal military dictatorship, many hope that Myanmar is on the path to reform. However, while there are opportunities for change, significant challenges remain regarding the rule of law, foreign investment and development.
Released on Jul 15, 2015
By Yong Zhou. Counteracting unjustified extraterritorial jurisdiction: an analysis of PRC Blocking Rules - China Working Group, February 2021.
By Vincent Xuekai Qian and Mena Yun Li. New SPC judicial policy aims at making a restrictive interpretation on shareholder’s liabilities for indolent performance of liquidation obligations - China Working Group, February 2021.
By Dominic Hui. News corner - China Working Group, February 2021.
During the current Covid-19 pandemic, businesses and corporations of all sizes – particularly start-ups and budding entrepreneurs, are being pushed to their limits. Even such routine tasks such as paying rent and employees on time have proved to be game changers and given us a chance to examine the way we function, process and plan our business models so that everyday operations are not interrupted.
Alternative Dispute Resolution (ADR) mechanism consisting of arbitration, conciliation, mediation, negotiation and Lok Adalat was introduced inter alia not only to reduce the burden on the courts, but also to adjudicate disputes with increased efficacy in a more cost-effective manner. Nevertheless, the use of such a mechanism has not been wholly accomplishing the purpose of its introduction.
In today’s commercial world, contractual arrangements are rarely straightforward. In engineering, procurement, and construction (EPC) contracts it is customary for an employer to enter into a construction contract with the main contractor, who then contracts out different parts of the work to a number of subcontractors. The result is one project consisting of multiple, interconnected contracts which are in place between various parties.
Amid the Covid-19 pandemic, arbitration in Singapore has continued to flourish albeit under different circumstances involving remote hearings and assistive technologies. Singapore’s courts have continued to provide greater and clearer guidance on arbitration, and the legislative framework for international arbitration has continued to evolve.
Arbitration is all about contract and is required to be conducted within the four corners of an arbitration agreement. A persistent problem faced by construction litigators is corralling multiple parties into a single arbitral proceeding despite the parties having separate, independently-negotiated contracts, each one containing its own arbitration or dispute resolution clause. Disputes arising out of such connected contracts have more than a ripple effect and often lead to separate but related actions.
There has never been so much attention paid to how information technology could help courts and arbitration institutions conduct cases during the Covid-19 pandemic. This is as true in China as in the rest of the world. In fact, information technology has been quietly adopted and widely used by judiciaries in many countries since the 1990s when the Netherlands judiciary set up its first platform to discuss information technology for its courts.
By Sanjay Buch and Devanshi Nanavati. Law relating to the Securities and Exchange Board of India (Settlement Proceedings) Regulations 2018
By Anisha Chand and Swati Bala. ‘Auto-bearings’ and ‘CBB’: the peculiar story of a cartel duo - Asia Pacific Regional Forum, December 2020
By Nand Gopal Anand, Ankit Sinha, Harshit Dusad and Garima Parakh. Transitioning from LIBOR – the road ahead for the Indian banking sector - Asia Pacific Regional Forum, December 2020