Committee publications
US mass arbitrations present new challenges prompting re-examination of class action waivers
Parties in the US including consumers and employees are bringing claims as mass arbitration, which is unique from class actions that have been the focus for many years. The new mass arbitrations present a unique challenge to companies, and call into the question whether and how to negotiate arbitration and class action waiver provisions in contracts.
Released on Jul 25, 2024
Comments on proposed changes to Brazilian collective litigation law
This article comments on two proposed changes to the Brazilian collective litigation law that may negatively affect due process rights: the introduction of a forum non conveniens doctrine and the possibility of court adjustments to the reliefs sought by plaintiffs.
Released on Jul 25, 2024
Private enforcement of competition laws in Brazil: the class action as a method of claiming damages arising from anticompetitive practices
New rules defining the start and expiry of the statute of limitations to claim damages arising from anticompetitive practices are expected to foster the use of class actions related to these issues in Brazil.
Released on Jul 25, 2024
Online bets regime in Colombia
Online bets have become one of the most interesting and lucrative markets of the entertainment industry. Nevertheless, the private sector operation is highly regulated in Colombia.
Released on Jul 22, 2024
Could we see another competition law tackle by the Court of Justice of the EU on football governing bodies?
An opinion, examining the compatibility of the FIFA transfer rules with EU competition rules, freedom of movement of workers and the Charter of Fundamental Rights, was handed down by Advocate General (AG) Maciej Szpunar of the CJEU on 30 April 2024. Whilst this is only the AG’s opinion and not yet the decision of the EU Court of Justice, we believe it is likely that the Court will follow the AG’s reasoning and conclusions.
Released on Jul 22, 2024
IBA committees: updates from more than 50 practice areas
all the latest content covering developments in over fifty distinct areas of business and legal practice
Released on Jul 17, 2024
Climate Crisis Statement
This is the statement from the IBA about the climate crisis.
Released on Jul 16, 2024
Russia-Ukraine
showcasing analysis of developments including rule of law and international justice concerns
Released on Jul 16, 2024
European Fashion and Luxury Law Conference summary
The European Fashion and Luxury Law Conference, meticulously organised by the European Regional Forum (ERF) of the International Bar Association (IBA) in Milan on 23 April 2024, was a resounding success. The event, which was fully booked, showcased a remarkable assembly of speakers, each highly esteemed within the industry. These speakers brought with them a wealth of knowledge and expertise, which they shared across a series of discussions and presentations.
Released on Jul 14, 2024
Electrifying discussions: a recap of the 4th European Automotive and Mobility Services Conference
Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.
Released on Jul 14, 2024
IBA European Regional Forum annual retreat
Over the course of 16–18 May this year, the IBA European Regional Forum Officers, Council Members and Advisory Board Members held their annual retreat in sunny Santorini under the hospitality of gracious host and colleague Panagiotis Drakopoulos and Drakopoulos law firm who ensured that the event, dubbed ‘THE BIG RETREAT’, went off without a hitch.
Released on Jul 14, 2024
Professional growth and scenic beauty
The IBA European Regional Forum (ERF) recently hosted an exceptional conference in the picturesque setting of Santorini (huge thanks to the hosting law firm – Drakopoulos – for all their dedicated and hard work with this!). This event masterfully combined a series of compelling professional programmes with unique social activities, offering attendees the opportunity to engage deeply with both the legal landscape and the stunning vistas of Santorini’s past and present.
Released on Jul 14, 2024
Reflections on the IBA European Regional Forum retreat in Santorini
This year’s retreat was held in Santorini, Greece between 16–18 May. It was an unforgettable event that brought together legal professionals from across Europe. Hosted by the esteemed Drakopoulos law firm, the retreat offered a unique blend of professional development and personal enrichment against the stunning backdrop of Santorini’s iconic landscapes.
Released on Jul 14, 2024
IBA European Regional Forum retreat in Santorini
As a newcomer to the European Regional Forum (ERF), I had no idea what or who to expect on my inaugural retreat. I clearly need not have worried and should have known that I would be warmly welcomed by a wonderful group of people at a beautiful sunset dinner in Oia. I quickly learned that incredibly valued friendships had been formed within the group and I could see what a close-knit and talented group of individuals this was. I was excited to see what we could achieve!
Released on Jul 14, 2024
A review of the worldwide M&A marketplace (2024)
The topics for discussion in this conference session ranged from the worldwide electoral climate and the impact of artificial intelligence, to M&A drivers and challenges and the regulatory environment.
Released on Jul 10, 2024
Italy: franchising contracts and minimum duration of three years
The Italian Supreme Court has finally confirmed an important principle, previously expressed by some lower courts, which remedies a probable mistake made when approving Law 129/2004. Article 3.3 of Law 129/2004 provides that franchise contracts must have a minimum duration of three years in order to allow the franchisee to amortise the investment made; however, this provision only refers to the case of a contract concluded for a fixed term.
Released on Jul 9, 2024
The climate crisis: act now to survive and thrive
To kickstart London Climate Action week, the Net Zero Lawyers Alliance held a symposium highlighting the integral role of lawyers in achieving net zero and encouraging firms to act now. This article summarises the key messages.
Released on Jul 7, 2024
Private equity today: legal issues and developments in private equity dealmaking
While deal values are down significantly in Europe, volumes are up, driven by platform deals and minority investments. Other features of the market include the prevalence of public-to-private transactions, broken deals (including for regulatory reasons), aborted auctions, restructuring deals, continuation vehicles, fund-to-fund deals and structured transactions, including earn-outs. This session at the IBA’s 21st Annual International Mergers & Acquisitions Conference 2024 examined these legal issues and developments.
Released on Jul 4, 2024
Governance, stewardship and activism (2024)
This panel, at the IBA’s 21st Annual International Mergers & Acquisitions Conference in 2024, examined the topic of ‘governance, stewardship and activism’ from the perspective of different jurisdictions and then focused on defence preparedness.
Released on Jul 4, 2024
Italian representative actions: a year in review
In the landscape of European legal systems, collective redress mechanisms have been a topic of significant interest and development over the past decade. Italy has seen a considerable evolution in this area with the introduction of a substantial reform of Italian Class Action rules, in 2019, as well as of representative actions, in 2023, implementing the EU Directive 2020/1828. As we mark the first anniversary of Legislative Decree No 28/2023 (the ‘Italian Representative Action Decree’ or the ‘Decree’ ), it is a good moment to reflect on the state of Italian representative actions and their impact on the Italian legal landscape.
Released on Jun 27, 2024
Group litigation in Scotland – a year in review
Last year (2023) was the year that collective proceedings really got off the ground in Scotland, and this theme has continued into 2024. This ‘class action’ style process was introduced in 2020 in the thick of Covid-19. It takes elements from different jurisdictions, with the principal features being: it is an opt-in procedure only; it requires commonality between claims, but the test is fairly flexible; it runs in the name of a ‘Representative Party’ (RP) who can be an affected claimant or, alternatively, a third party; permission to proceed as a formal group has to be given by the court at the outset; and claimants outside of Scotland can in principle be involved, if there is a basis for jurisdiction.
Released on Jun 27, 2024
Israeli Class Action Law 2006: a comprehensive summary
The Israeli Class Action Law, enacted in 2006, serves as a legal mechanism allowing a group of individuals who have been similarly harmed by a specific entity (such as a corporation or public authority) to unite and file a class action lawsuit. This law enables any member of the group to sue on behalf of the entire group, facilitating the enforcement of collective rights in an efficient and cost-effective manner.
Released on Jun 27, 2024
Awaiting precedent: class and representative actions as effective measures of consumer protection in Finland
An old wisdom sometimes heard from older legal professionals in Finland goes along the lines of ‘never take a private person as a client, as small individuals never prevail against big corporations’. But is, and more importantly should, this be the truth in a modern judicial system? Are there means to hold corporations responsible for their actions? And does the private person actually benefit from it?
Released on Jun 27, 2024
Poverty eradication for sustainable social development in Pakistan
Pakistan continues to reduce poverty amidst a backdrop of economic uncertainty, natural calamities and global crises. Notwithstanding progress in poverty reduction, recent stagnation indicated by statistics underscores certain challenges, including the floods of 2022. Despite this volatility, Pakistan is pursuing a diversified strategy to poverty reduction and social development.
Released on Jun 26, 2024
Recent developments in the laws relating to online gaming and online betting in India
As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom
Released on Jun 25, 2024
A synopsis of sports law in India
Sports in India is predominantly synonymous with cricket. It is often said that in India, cricket is not a sport, but is a religion; and, since the advent of the Indian Premier League in 2007, besides cricket, other sports in India have also animated all conversations with passion, not simply for the love of sports, but because of the impressive revenue that sports generates.
Released on Jun 25, 2024
Power Law: Editorial June 2024
John Vellone, Newsletter Editor of the IBA Power Law Committee introduces the latest collection of articles from Committee members.
Released on Jun 19, 2024
Pakistan’s National Space policy
Launched on 13 December 2023, Pakistan's National Space Policy (NSP) represents a significant turning point in the country's efforts to explore space and progress technology. This policy is an attempt to bring Pakistan's space activities into line with international trends and geopolitical difficulties in order to promote international cooperation and guarantee adherence to international norms. The NSP emphasises the importance of legal frameworks, public-private collaborations and sustainable space operations. It encompasses goals including national development, peaceful space utilisation and self-reliance in space technology. The National Space Agency is now known as the Space and Upper Atmosphere Research Commission (SUPARCO). The NSP outlines key areas of concern, such as industry promotion, capacity building, and research and development. Pakistan is set to become a major player in the international space community as SUPARCO implements the NSP, supporting scientific innovation, economic development and national security.
Released on Jun 18, 2024
Overview of Nigeria’s dynamic cryptocurrency regulatory landscape
Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban of cryptocurrency usage or trading, the regulatory regime remains in flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating risks like, foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.
Released on Jun 18, 2024
Lessons learned from the first filing year of Canada’s forced and child labour in supply chains legislation
Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the ‘Act’) came into force on 1 January 2024. On 20 December 2023, only a few months ahead of the 31 May 2024 reporting deadline, the government published the first set of compliance guidelines which, among other things, introduced an online questionnaire to be completed as part of the reporting obligations under the Act. Now that the 31 May deadline has passed for subject companies to file their reports under the Act, the time is ripe for reflection.
Released on Jun 16, 2024