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Day 1 of the first 100 days

The journey of a new IBA presidency, the final destination of which is strengthening the leadership of the IBA and of our profession, has just started. The world is changing right before our eyes. Our profession, through a global association such as the IBA, has a great opportunity as well as the responsibility of assuming a leading role in upholding the rule of law and providing legal guidance in this context.

Reset or revolution: Biden’s first 100 days

As the first 100 days of the Biden presidency draw to a close, Global Insight assesses whether the administration looks set to ‘build back better’, or simply reset the United States to the pre-Trump era.

US presidency: executive orders lead to over 100 lawsuits

Since entering office in January, US President Donald Trump has signed over 90 executive orders – a record in the last four decades of the country’s history

More than 100 lawyers attend fifth IBA French Spanish Day in Madrid

Convened by the International Bar Association (IBA), more than 100 Spanish and French lawyers from the main law firms of both countries met this week in Madrid to analyse the legal environment for Spanish investments between France and Spain.

Food security: Russia’s withdrawal from grain deal could push 100 million people into hunger

The Russian Federation’s withdrawal from the Black Sea Grain Initiative with Ukraine, announced in mid-July, represents a major setback for global food security.

The future looks bright for collaboration – contracting for 100 per cent renewable electricity generation

In this article, we consider what the best contracting model may be in order to deliver New Zealand’s significant renewable construction projects in an expedient and effective way, and to minimise the likelihood of disputes arising. To do so, we examine the more traditional international approach using an EPC form of contract and whether New Zealand’s approach to being more collaborative may be suitable.

Mexico City to play host to international lawyers attending the IBA Annual Conference from over 100 jurisdictions

In September, international lawyers from more than 100 jurisdictions will arrive in Mexico City to participate in intense discussions and business dealings at the 2024 International Bar Association (IBA) Annual Conference. Considered the premier event for the global legal profession – lawyers in…

Mediating Disputes Involving Chinese Parties

Mediation is on the rise internationally as a means to settle disputes in a cost-effective manner. Chinese parties appear to be increasingly interested in mediation as an option. This article examines the evolving landscape of mediation in China and internationally. It considers how mediation for Chinese parties is evolving and whether mediation is a good option for Chinese parties in cross-border disputes. Commercial mediation has seen remarkable growth, bolstered by a supportive PRC judicial system and legislative initiatives encouraging parties to find harmonious ways to resolve disputes. The article analyses the three primary types of mediation in China: people’s mediation, administrative mediation, and commercial mediation. It also looks at mediation rules and proceedings in common law jurisdictions, such as Hong Kong, Singapore, and the United States. The article anecdotally considers the cultural elements, emphasising the Chinese parties’ preference for evaluative mediation styles as a reflection of civil law. Through case studies of international disputes involving Chinese and US parties, the article illustrates the practical dynamics of mediation involving Chinese parties and underscores the importance of cultural sensitivity in international mediation. As Chinese parties continue to go global, mediation is emerging as an attractive option for efficient and cost-effective dispute resolution. This analysis assesses whether the promotion of mediation is yielding tangible outcomes and explores the future of mediation involving Chinese and foreign parties.

China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

Corruption Perceptions Index

In the 28th edition of the Corruption Perceptions Index 2022 Report (‘the CPI’), 180 countries and territories were examined.

Attracting investment into the UAE

Attracting investment into the UAE by Rita Jansen, Ince, Dubai

Venezuela: Currency crisis brings economy to standstill

At the end of 2016, President of Venezuela Nicolás Maduro announced the withdrawal from circulation of the 100-bolívar note – Venezuela’s highest form of currency, which has accounted for as much as 48 per cent of all paper money in the country. The decision has pushed the country further into a humanitarian disaster.

Legal perspectives on SMRs in Canada

Canada is targeting net-zero carbon emissions by 2050. Small modular nuclear reactors (SMRs) are emerging as a potentially pivotal technology to achieving Canada’s emission targets. Several SMR projects are in development and offer a means to decarbonise the electricity grid, connect isolated Canadian communities, support Canada’s mining industry and potentially support medical applications. SMRs offer significant potential but development remains challenging and further evidence is required for deployment at scale. In this context, developments in regulation, licensing and design review will significantly impact the future of Canada’s emerging SMR industry.

Foreign investment opportunities in India: silver linings post Covid-19

This article discusses the opportunities for foreign investments in India arising due to the Covid-19 pandemic while exploring the various factors contributing to the creation of such opportunities. The economic package announced by the Government of India, with the objective of making a Self-Reliant India, is the cornerstone for new foreign investment opportunities.

Rethinking resolution of construction disputes

Over the past three decades, construction industry leaders and organisations have been increasingly concerned with how best to avoid disputes, but if not avoided, how to resolve those disputes in the most cost-efficient and timely manner.

Member States and employers to get ready for more pay transparency in the European Union

On 10 May 2023, the European Union (EU) adopted the Pay Transparency Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (‘the Pay Transparency Directive’ or the ‘Directive’). Member States have until 7 June 2026 to transpose the Directive into their national laws.

Turkey introduces new tax law

Law No 7440 on the Restructuring of Certain Receivables and the Amendment of Certain Laws, which entered into force after being published in the Official Gazette on 12 March 2023, provides for the restructuring of taxes, insurance premiums, and administrative fines; the settlement of existing and potential disputes; the correction of business records, such as cash, receivables from shareholders, and inventories; and the increase of the tax base for certain taxes.

Hot topics in transatlantic M&A (2023)

This session’s panel discussed: (1) the potential implications in connection with the upcoming implementation of the Organisation for Economic Co-operation and Development’s (OECD) Pillar Two Model Rules in deal structuring, purchase price determination and contracts; (2) tax insurance solutions to address the tax risks in mergers and acquisitions (M&A) transactions; and (3) the determination of the appropriate jurisdictions in corporate redomiciliations.

Sustainability: big tech’s AI push putting climate targets at risk

Data center electricity usage could double by 2026, making the challenge for companies to become net zero increasingly unattainable

Seizure of Russian assets in Ukraine: in search of balance

As of now, it makes no sense to calculate the exact cost of damages inflicted by the aggression of the Russian Federation: every day brings millions, and sometimes even dozens of millions of dollars in material damages, along with non-material losses that cannot yet be accurately measured. It also makes no sense to rely on voluntary compensation from the Russian Federation. Therefore, under these circumstances, the only realistic source of funding to compensate Ukraine for the damage caused by aggression is frozen Russian assets. Over the last year and a half, the subject of their confiscation has been widely discussed, but progress has been more than modest.

Networks’ competitive advantages in the time of Covid-19

Networks’ competitive advantages in the time of Covid-19-July 2020

The impact of the Covid-19 pandemic on production sharing contracts in Nigeria

This article discusses the impact of the Covid-19 pandemic on the Nigerian oil industry by presenting the current situation and comparing it to other states in the same region.

How to efficiently advise our clients – pan-European lean investment documents

A report on the joint session of the Closely Held and Growing Business Enterprises Committee and the M&A Law Committee, with support from the European Regional Forum, the Securities Law Committee, the Healthcare and Life Sciences Committee and the Technology Committee at the From Start-Up to IPO Conference in Paris

Recent trends in regulations on autonomous vehicles in Korea

Recent trends in regulations on autonomous vehicles in Korea.

Zambia: Organisations warn of potential negative impact of proposed changes to Constitution on judicial independence

We, the undersigned organisations, are deeply concerned about the impact the Zambian Constitutional Amendment Bill 2019 (the ‘Amendment Bill’) may have on the independence and impartiality of the judiciary, if adopted. Of particular concern are the amendments made to the disciplinary proceedings against judges and the composition of the Supreme and Constitutional Courts.

Corporate responsibility: ‘Vigilant’ French law puts duty of care on companies

The French National Assembly has passed a law that is set to ‘force companies to change their mindset’, says Els Reynaers Kini, Senior Vice-Chair of the IBA’s Environment, Health and Safety Law Committee.

Challenges of structuring pre-migration planning for high-net-worth individuals and families (2023)

Multiple factors compel high-net-worth individuals to consider relocation, such as entrepreneurial ventures, educational opportunities or tax considerations. The discussion by the panel delved into these complex migration considerations and their subsequent ramifications for affluent individuals.

Black Lives Matter: the rejection of Rhodes and coloniality

On 17 June, the governing council of Oriel College, Oxford, United Kingdom, voted to remove a statue of college benefactor Cecil Rhodes, which has graced its High Street entrance for more than a century. The vote followed fierce debates, street protests, and an admonishment by the Chancellor of the University of Oxford.