Committee publications

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A message from the outgoing Senior Co-Chair, Adriana Dantas

A message from the outgoing Senior Co-Chair, Adriana Dantas, reflecting on the events of 2025 and the successes of the IBA Anti-Corruption Committee.

Released on Feb 5, 2026

The use of incentive plans and compensation schemes in Portugal

The main purpose of this article is to provide a brief overview of how incentive plans and compensation schemes targeted at employees, key service providers and management teams have been shaped recently in Portugal, considering the lack of strong legal regulation (at least for unlisted companies), which has led to the increased use of hybrid products, often imported from other jurisdictions. We aim at providing insights on some of the most commonly adopted structures, the pros and cons and the rationale underlying the selection of different types of remuneration tools.

Released on Jan 29, 2026

Criminal liability for greenwashing: an industry perspective involving a Luxembourg fund

This article explores the growth of sustainable investment and green finance in Luxembourg and Europe, as well as looking at how bodies such as the EU can approach greenwashing as a consumer law offence.

Released on Jan 28, 2026

IBA Criminal Law Section at the 2025 IBA Annual Conference in Toronto, November 2025

This article reflects on the highlights of the IBA Annual Conference in Toronto for the Criminal Law Section. This included panels on the impact of INTERPOL red notices, misconduct against corporates, investigative journalism, and more!

Released on Jan 28, 2026

Criminal law and access to remedy for business-related human rights violations: evaluating the role of supply chain due diligence legislation in a transnational context

Access to remedy constitutes a cornerstone of the United Nations Guiding Principles on Business and Human Rights (UNGPs).

Released on Jan 28, 2026

Steal, deal and repeat: the commodification of personal data as the backbone of the digital criminal ecosystem

Recent European threat assessments confirm that personal data has become a strategic asset within organised cybercrime. This article examines the criminal law implications of the theft, trade and exploitation of data, focusing on service-based criminal models, the enabling role of artificial intelligence and the growing mismatch between digital criminal ecosystems and traditional liability frameworks.

Released on Jan 28, 2026

A privilege divided: Indian Supreme Court bolsters protections for external counsel but excludes in-house lawyers

This article analyses how India’s Supreme Court’s ruling on the privilege of confidential communications between a lawyer and their client effects corporate India and their in-house counsel.

Released on Jan 28, 2026

The diffusion paradox within transnational policing: at the crossroads of expedited processes and limited regulation

This article examines the dual nature of diffusions within international policing, emphasising their role in facilitating swift cross-border action, while raising concerns related to oversight, political misuse and human rights violations, and outlining necessary measures for the creation of a balanced framework.

Released on Jan 28, 2026

A one-off or a turning point? Key takeaways from the Supreme Court of India’s approach to the Sterling Biotech settlement

In November 2025, the Supreme Court of India closed one of India’s most complex and long-running bank fraud matters involving the Sterling Biotech group. This article focuses on what the judgment means practically for boards and senior management when dealing with large, multi-agency financial disputes.

Released on Jan 28, 2026

The rule of law and human rights in Pakistan

This article explores the tension between Pakistan’s framework of human rights being based on international standards, while the protection of these rights within the criminal justice system are often challenged. It closes with recommendations made by the International Bar Association Criminal Law Committee and its Human Rights Institute on how to move forward with sustainable reforms that focus on integrity and accountability.

Released on Jan 28, 2026

A message from the Chair of the Alternative and New Law Business Structures Committee, Dr Paul D Paton JSD KC

Chair of the Alternative and New Law Business Structures Committee, Paul D Paton, shares a message reflecting on the committee’s successful events in the past few months and looks forward to the year ahead.

Released on Jan 20, 2026

Geopolitical forces demand a strategic shift for law firms: highlights from the Law Firm Management Committee’s latest webinar on law firm ESG decisions

A report on the Law Firm Management Committee webinar ‘Law firm ESG decisions in the current geopolitical and economic environment’, held on 21 November 2025.

Released on Jan 15, 2026

Building rainmaker practices through authenticity, preparation and human connection

A report of the Law Firm Management Committee webinar ‘Building rainmaker practices through authenticity, preparation and human connection’, held on 8 January 2026.

Released on Jan 15, 2026

China’s reaction to the crypto frenzy

This article explores the impact of cryptocurrency on the payments industry and the traditional financial system from a national currency perspective, while shedding light on China’s policies and position on the matter.

Released on Jan 14, 2026

Workers without borders: global mobility is the new normal

This is a report on a session that took place at the 24th Annual US and Europe Tax Practice Trends in Munich on 12 April 2024. The panel explored some of the most relevant tax issues stemming from cross-border work arrangements.

Released on Jan 14, 2026

The new architecture of crime: what is next for the FPCA anti-corruption enforcement in Brazil?

This article analyses the institutional blind spot challenging Brazil’s anti-corruption authorities: white-collar professionals operating within the formal economy. Looking at the evolution of organised crime over the past 20 years, this article highlights how Brazil’s authorities can reimagine their approaches to tackle this vast issue.

Released on Jan 12, 2026

New proposal for EU Directive on combating corruption

This article explores the recent EU Directive focused on combatting corruption by replacing former legislative frameworks and applying a more interdisciplinary approach. It closes with a reflection on the reform’s urgency and how this shift can help resolve critiques against the EU.

Released on Jan 12, 2026

A major amendment to the criminal law in the Czech Republic: conditional non-prosecution of legal entities

With global enforcement priorities evolving, traditional drivers such as the Foreign Corrupt Practices Act are no longer the sole compass guiding corporate compliance. In jurisdictions including the Czech Republic, recent legislative developments – such as the introduction of conditional non-prosecution for legal entities – signal a shift toward more nuanced, locally tailored approaches to corporate accountability. This article explores how companies and counsel are navigating this changing terrain, maintaining robust cultures of integrity while adapting to new legal mechanisms that emphasise remediation, monitored compliance and proactive cooperation. In the absence of familiar enforcement tools, what does strategic current compliance look like – and how are legal professionals shaping its future?

Released on Jan 12, 2026

Judicial Public Interest Agreement concluded between SURYS and the French National Financial Prosecutor’s Office

On 8 July 2025, SAS Surys, a French company, entered into a Judicial Public Interest Agreement (CJIP) with the French National Financial Prosecutor’s Office (PNF) for acts of bribery of a foreign public official, misappropriation of public funds, and money laundering of these offences. The Agreement provides for a €18,363,007 public interest fine and €3,770,000 in compensation to the Ukrainian State for the damages suffered. This article provides an overview of the background to the Agreement and the impact of its implementation.

Released on Jan 12, 2026

From climate change to the deep sea: reflecting on a milestone year in international environmental law, and implications for private practice

A report on the Environment, Health and Safety Law Committee webinar ‘From climate change to the deep sea: reflecting on a milestone year in international environmental law, and implications for private practice’, held on 1 December 2025.

Released on Jan 9, 2026

Highlights from the 2025 IBA Annual Conference: biodiversity and director duties, financial disclosures and credit markets

A conference report on the panel ‘Biodiversity and director duties, financial disclosures and credit markets’, held on Tuesday 4 November at the IBA Annual Conference 2025 in Toronto.

Released on Jan 5, 2026

The legal architecture of carbon markets: from global governance to corporate accountability

As carbon markets evolve into being a cornerstone of climate policy, lawyers are being expected to transform technical mechanisms into enforceable legal realities.

Released on Dec 26, 2025

A new legal regime redefining contractor’s liability: a cautionary tale when contracting (FIDIC) projects in the Netherlands

Released on Dec 22, 2025

Dispute resolution fit for a queen: bringing sovereigns to the table – and keeping them there – to resolve infrastructure disputes consensually

Released on Dec 22, 2025

The Colombian legal regime on future budgetary allocations in public-private partnerships

Released on Dec 22, 2025

Construction Law International - December 2025

Released on Dec 19, 2025

Force majeure and beyond: the evolution of risk allocation in Indian infrastructure contracts

Released on Dec 19, 2025

Construction Law International – December 2025 – Country Updates: Norway

Released on Dec 19, 2025

From the Co-Chairs – Construction Law International – December 2025

Released on Dec 19, 2025

From the Editors – Construction Law International – December 2025

Released on Dec 19, 2025