From the Editors: Litigation Committee newsletter – Spring 2026

Rocco Rondi
Partner, BMG Avocats, Geneva
rocco.rondi@bmglaw.ch

Lucy Pert
Partner, Hausfeld, London
lpert@hausfeld.com

Dear readers,

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’.

Evidence is no longer confined to files, folders or even jurisdictions. It is scattered across cloud infrastructures, embedded in encrypted devices, captured in fleeting digital interactions and, increasingly, generated or processed by artificial intelligence. As the nature of evidence evolves, so too do the challenges for courts and practitioners tasked with collecting, testing and presenting it.

This edition explores how litigation is adapting to that shift. Our contributors examine cross-border evidence gathering, the growing role of AI in document review and content generation, and the evidentiary implications of digital traces that transcend territorial boundaries. At the same time, they confront a central question: how do we preserve procedural fairness in a world where evidence is more abundant, more complex, and at times more uncertain than ever before?

Across jurisdictions, courts and practitioners are developing new approaches to address these challenges. The contributions in this issue provide practical insights into emerging standards, risks and strategies — offering a forward-looking perspective on how evidence will shape the next phase of international commercial litigation.

In this newsletter you will also find a contribution presenting the activity and scope of our wonderful EU Judicial Cooperation Subcommittee.

We thank all our contributors for their thoughtful and forward-thinking contributions, and for helping make this edition a truly global reflection on a rapidly evolving topic.

We look forward to continuing these discussions with many of you at the next IBA Litigation Conference in Madrid, from 15 to 17 April 2026.

Warm regards,

Rocco Rondi and Lucy Pert

Editors, IBA Litigation Committee Newsletter