Committee publications

  • Subject
  • Region
  • Year
IBA War Crimes Committee shines a light on corporate liability cases

Released on Nov 25, 2022

Covid-19 and Court Procedures: An Access to Justice Report

Released on Nov 24, 2022

Key points from online workshop on recruitment and retention

Key points from online workshop on recruitment and retention, the changing expectations of young lawyers in Europe, 7 October 2022

Released on Nov 23, 2022

Summary of talk by Megan Sandler, Slaughter and May

A summary of a talk by Megan Sandler of Slaughter and May, given at the 5th IBA European Start-up Conference on 28 September 2022.

Released on Nov 23, 2022

Takeaways from the 5th IBA European Start-up Conference

A conference report on the 5th IBA European Start-up Conference, held 27–28 September 2022 in Dublin.

Released on Nov 23, 2022

Healthcare transactions: latest trends and potential challenges

Transactions related to the healthcare industry have been in the spotlight in the last few years. This sector has been responsible for the development of relevant technologies and for boosting the economy in different countries. This article aims to summarise the trends, advantages and legal challenges related to transactions in the healthcare ecosystem.

Released on Nov 14, 2022

Diversity session – 37th International Financial Law Conference

A report on a joint session of the Banking Law Committee and the Securities Law Committee at the 37th International Financial Law Conference in Venice, on the theme of diversity and inclusion.

Released on Nov 10, 2022

What ‘green’ means: the role of disclosure in sustainable finance in Singapore

This article focuses on the objectives and effects of environmental, social and governance disclosure, and its use by the Singapore Exchange and the Monetary Authority of Singapore, Singapore’s central bank and financial supervisory authority, as a calibrated regulatory tool in the sustainable finance sector.

Released on Nov 10, 2022

Keeping loans afloat during the current financial crisis in Romania

The main interest rate benchmarks for loans applicable in Romania have dramatically increased in the current financial crisis. Borrowers are concerned that a continued increase will trigger defaults and are seeking alternatives, which may prove to be only temporary relief.

Released on Nov 10, 2022

The EU’s Markets in Crypto-Assets Regulation: a regulatory tectonic shift for the crypto economy

With the rapid development of the crypto-asset market, risks regarding the trading of crypto-assets have begun to emerge, prompting the European Union to create its own comprehensive piece of legislation: its Markets in Crypto-Assets Regulation project – a future regulation on crypto-asset transactions within the EU.

Released on Nov 10, 2022

Open banking in Peru: challenges and first steps

Peruvian regulation is ready to achieve an important milestone in the development of the financial market. Open finance (and open banking as the first stage) has all the ingredients to improve the consumer experience, increase competition and close the financial inclusion gap. This article describes the first steps and challenges that these regulatory efforts will face.

Released on Nov 10, 2022

The true ‘power’ of the decision of Italy’s financial disputes arbitrator

This article follows judgment No 3654, issued by the Court of Rome on 8 March 2022. The article focuses on the uncertain and still controversial legal nature of the decisions issued by the Arbitro delle Controversie Finanziarie, an alternative dispute resolution instrument that is specific and peculiar to Italian law.

Released on Nov 10, 2022

India’s Reserve Bank tightens the regulatory framework for digital lending apps

Over the past few years, digital lending apps (DLAs) have greatly aided both business users and retail customers in India. However, to curb growing malpractice and the misuse of customers’ personal data, on 2 September 2022, the Reserve Bank of India (RBI) issued official guidelines to restrict the activities and improve the oversight of DLAs. All RBI regulated entities have until 30 November 2022 to put in place adequate systems and processes to ensure that all their digital loans are in compliance with the new guidelines.

Released on Nov 10, 2022

Ghana: the rights and obligations of creditors during insolvency

A discussion on the rights and obligations of foreign lenders during insolvency and restructuring of borrowers or security providers in Ghana, including the roles played by creditors during insolvency and restructuring.

Released on Nov 10, 2022

Benchmark replacement in Canada: from CDOR to CORRA

While global markets have understandably been focused on the transition away from the London Interbank Offered Rate, Canadian banks and supervisors are working on the transition from a key survey rate of their own, the Canadian Dollar Offered Rate. This article briefly highlights recent developments with respect to benchmark reform in Canada.

Released on Nov 10, 2022

The new Brazilian legal FX framework

In a nationwide effort to strengthen the Brazilian economy by modernising the country’s foreign exchange market, Law No 14,286, enacted in 2021 (and due to become effective as of 30 December 2022), implements significant changes to the FX framework. The new law, which requires specific regulation to be enacted, aims to: (1) achieve freedom of capital flow, (2) project the Brazilian economy internationally, and (3) reduce bureaucracy while maintaining transparency in the foreign exchange market.

Released on Nov 10, 2022

Climate conscious courts: Recent cases in France, the UK and the US: Article by LPRU intern

In the preamble to the Paris Agreement, signed in 2015 by 175 parties, it was acknowledged that ‘climate change is a common concern of humankind’, and that all parties have ‘common […] responsibilities’ to combat the climate crisis.

Released on Nov 9, 2022

Foreign direct investment guide 2022

Released on Nov 8, 2022

New York museums to display the history of Nazi-looted artworks

According to the new legislation, New York museums that display artworks once stolen during the Nazi era in Europe are now required to label these works acknowledging that information. This article discusses this legislation.

Released on Nov 7, 2022

Football corporations in Brazil (SAF): new perspectives for foreign investment in Brazilian football teams

The new Law of Football Corporations (SAF Law) brought unprecedented innovation and created new opportunities for investors wishing to enter the Brazilian football market.

Released on Nov 3, 2022

Promulgation of Measures for Compliance Management of Central Enterprises put forward stricter requirements for compliance of central enterprises

This article analyses ‘the Measures’ put forward by China’s State-owned Assets Supervision and Administration Commission of the State Council, which offer more precise and stricter requirements for the central enterprises to enhance compliance management through departmental rules.

Released on Oct 28, 2022

Fixing sales prices in franchising: an update from China

In Europe, although the block exemption for vertical agreements may enable franchisors to protect their legitimate interests, fixing resale prices is usually considered as a ‘no go’ zone. A recent case in China demonstrates a similar administrative approach towards the issue in the context of franchising.

Released on Oct 25, 2022

How electricity and gas supply shortages can affect leases

In times where the electricity and gas supply for heating or hot water are not always secure, landlords and tenants may face various challenges. These might be connection with additional costs or the qualification of a rental property as defective, if the electricity supply/heating system are shut down or only run at reduced capacity. Potential claims may include rent reductions or coverage of losses/damages incurred by tenants in such a position. There is no black and white solution to these issues, yet such claims may be justified, if the rental property is unfit or less fit for its designated use.

Released on Oct 25, 2022

Arbitrating Small Value Claims in Investment Arbitration

Released on Oct 25, 2022

Corporate and M&A Law Committee Negotiated M&A Guides 2022

The Corporate and M&A Law Committee has prepared a negotiated M&A guide with chapters from more than 45 countries. The negotiated M&A guides deal with negotiated acquisitions of private companies and are aimed at providing a general overview of acquisition structure options and the essential provisions contained in a standard acquisition agreement in each jurisdiction. The material is intended as a high-level, practical guide for practitioners and others

Released on Oct 24, 2022

From the Co-Chairs - Arbitration Committee bulletin October 2022

We hope that you enjoy reading these articles, and as always, we thank our contributors, our Newsletter Editors, and our Editorial Board members for their hard work in bringing this new issue of the Newsletter to our readers.

Released on Oct 21, 2022

From the Editors - Arbitration Committee bulletin October 2022

It is a pleasure to open year 2022 with a solid edition of the IBA International Arbitration Committee’s Newsletter, with articles covering a wide range of topics of interest to the arbitration community.

Released on Oct 21, 2022

Patent monopolies and the pandemic emergency: obstacle or opportunity?

The outbreak of the Covid-19 pandemic generated extensive debate regarding equitable access to vaccines and medical treatments. In this framework, discussion of the role of patents in health care came to the fore: Are patents a resource, or are they instead an obstacle to the widespread protection of public health during a pandemic emergency?

Released on Oct 21, 2022

How China regulates ethical issues in ‘AI+life science’

This article introduces the principles China adopts to address ethical issues in ‘AI+life science’ applications and how China regulates certain specific ethical issues.

Released on Oct 21, 2022

Healthcare, law and ethics: AI in healthcare, legal and ethical issues in Australia

The development and use of artificial intelligence (AI) in health and biotechnology is creating opportunities and benefits for healthcare providers and consumers. Presently, AI is being used in medical fields such as diagnostics, e-health and evidenced based medicine. A prime example has been the use of AI in the detection and management of diagnostic imaging such as thoracic imaging, mammography and colorectal polyps.

Released on Oct 21, 2022

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