Publications
From the Editors: Litigation Committee newsletter – Spring 2026
Welcome to the Spring 2026 edition of the IBA Litigation Committee Newsletter, entitled: ‘The future of evidence: cross-border evidence gathering and discovery, AI-based evidence review, digital traces and procedural fairness’.
Released on Apr 14, 2026
The new IBA EU Judicial Cooperation Subcommittee – first year in review and plans ahead
The IBA Litigation Committee's EU Judicial Cooperation Subcommittee, established in 2025, aims to promote the resolution of cross-border disputes within the European Union. Our main focus is on facilitating the exchange of ideas on legal and practical issues that arise when litigating in an EU-wide context. The subcommittee thus covers a range of topics, including jurisdictional issues, service of documents, taking of evidence, and enforcement of judgments, to name but a few.
Released on Apr 14, 2026
Procedural fairness and asymmetry in access to evidence in South Africa
Across the world, advances in technology have streamlined the collection and storage of evidence, having an effect on the legal process overall. With the rising complexity of these technologies, we see the deepening of the divide between those in South Africa who have true access to justice and those who have a stunted version. These advancements have resulted in procedures in law that previously did not exist, leaving those disadvantaged in a precarious situation of being unable to use these technologies or relying on an overburdened and under-resourced attorney. This article will examine how technological development may affect procedural fairness and offer recommendations to avoid unfairness.
Released on Apr 14, 2026
Authenticating evidence in the age of AI
As generative AI improves, the risks associated with deepfake evidence increase. This article explores these risks and how they map onto existing and proposed evidentiary rules in Canada, ultimately concluding that – in a world where truth is increasingly less apparent – more may be needed to protect litigation’s truth-finding function.
Released on Apr 14, 2026