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Appendix 1: Litigation

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months - Dispute Resolution International (DRI) - October 2020

BIC News Issue 1

D&1 Officer list test

Handbook for lawyers: Chapter 1

Issue 1 – Wednesday 22 April 2020

The first issue of the IBAHRI Covid-19 Human Rights Monitor assesses gender-based violence and women’s health, LGBTQI+ rights, prison and detention conditions, refugee camps and asylum procedures. Concerns are raised over reported increases in domestic violence in a number of jurisdictions and the lack of basic protective measures to prevent the spread of Covid-19 in prisons and detention centres.

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.

Swedish immigration law: updates from 1 June 2022

On 1 June 2022, the Swedish Parliament introduced new updates to the immigration law. The newly introduced changes aim to discourage criminal activities and prevent companies from engaging in salary dumping. They also maintain trade unions’ level of workers’ protection and interest. Moreover, the law is presented as an additional level of protection against human trafficking. This article discusses the new updates to the immigration law.

The EPPO Starts Operations on 1 June 2021

As the first European prosecutorial authority, the European Public Prosecutor's Office starts operations on 1 June 2021. The EPPO’s mission will be to prosecute criminal offences affecting the European Union’s financial interests.

The EU’s draft regulation on artificial intelligence (part 1)

The first part of this analysis encompasses the AI Act’s scope, as well as prohibited AI practices, AI systems needing higher level of transparency and those subject to voluntary compliance. The second part will be published in the next volume of the Technology Law eBulletin, and will concentrate on high-risk AI systems and the outlined set of requirements for them.

Procedural Timetable No 1 - Topped and Tailed: Improved Case Management

By including active case management tools in Procedural Order No 1 and Procedural Timetable No 1, the tribunal lays the foundation for maximising efficiency over the life of the proceeding. In this article, the author proposes a number of innovations to be implemented, as the title suggests, to top and tail the process, with additional steps in the middle. The author provides a template Procedural Timetable No 1 and then discusses selected procedural steps with the corresponding text for Procedural Order No 1. The proposals include pre-scheduling several case-management conferences to address procedural issues early and often; holding a mid-stream meeting (aka a Kaplan Early Opening), where parties give short oral arguments and present limited witness evidence; identifying a pre-scheduled mediation window to allow the parties to consider mediation, without either side having to request it; directing the parties to provide a Joint List of Issues and Schedule of References; and scheduling both a pre-hearing Tribunal meeting (aka a Reed Retreat) and deliberation days in the Timetable.

Procedural timetable no 1 – topped and tailed: improved case management

The first panel session at the 23rd Annual IBA Arbitration Day discussed the need for more robust case management by arbitral tribunals.

Commencing the Arbitration: An Arbitrator’s Perspective on Procedural Order No 1

This article discusses, from an arbitrator’s perspective, the approach to preparing the first Procedural Order for the conduct of an Arbitration (Procedural Order No 1), so that it fits with the case specifications. The author advocates the approach discussed at the panel led by Lucy Reed at the 23rd Annual IBA Arbitration Day on 25 March 2022 that arbitrators should consider the specific needs of the case and collaboratively engage with the Parties to identify the relevant issues and appropriate procedure for the case, before circulating Procedural Order No 1. The author gives examples of techniques the Arbitral Tribunal can use to engage in a collaborative approach while retaining the final power to decide upon the procedure, including Procedural Order No 1.

Schedule 1: Substantive and temporary laws and regulations during the pandemic

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months - Dispute Resolution International (DRI) - October 2020

Lex Cryptographia: Guidelines for ensuring due process in transnational blockchain-based arbitration [1]

Blockchain-based arbitration is just like traditional arbitration except it takes place on blockchains, such as Ethereum. The arbitration agreement forms part of the smart contract, arbitrators are selected using random numbers extracted from the blocks in the blockchain and the award is also embedded in a self-executable smart contract. There is currently no regulation in transnational blockchain-based arbitration. Any such regulation faces a number of serious challenges, such as how to determine the applicable jurisdiction in a blockchain-based arbitration. This article seeks to address such challenges by suggesting some possible guidelines.

Day 1 of the 10th IBA London Finance and Capital Markets Virtual Tax Conference

Day 1 of the 10th IBA London Finance and Capital Markets Virtual Tax Conference, 18 January 2021, 1400-1620 GMT

Effective tools in managing diversity and inclusion challenges in the construction industry: Part 1

A webinar presented by the IBA International Projects Committee of the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), 23 September 2020, 1400 – 1500 BST

Showcase Session - Business and human rights part 1 with Kofi Annan and John Ruggie

Showcase Session, Vienna 2015 - Business and human rights part 1 with Kofi Annan and John Ruggie

Eiser v Spain: The standard for annulment under article 52(1)(a) of the ICSID Convention

On 11 June 2020, an ad hoc committee (the ‘Committee’)1 rendered a decision on the request filed by the Kingdom of Spain (‘Spain’) to annul the award issued in Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l v Spain, ICSID Case No ARB/13/36 (the ‘Underlying Arbitration’ or ‘Eiser’).

24th Annual IBA Arbitration Day, 2023 - Opening remarks and session 1: Third-party funding and investment arbitration

The Arbitration Day 2023 took place in Lisbon, 13-14 April, and was attended by more than 500 delegates. Portuguese Deputy MInister for Justice Jorge Alves Costa gave the welcome remarks. The first session dealt with the impact of third-party funding (TPF) on investment arbitration.

Revisiting the State’s Role in the Private Sector: Reflections on EU System of Checks & Balances in the Age of Covid-19: Part 1

Long before the advent of the Covid-19 pandemic, there was a growing consensus across the European Union that over a decade of austerity since the market failures of the financial crisis of 2008 had weakened the ability of many sovereign states’ institutions to deliver key public services. In response to the financial crisis, EU Member States felt compelled to prop up their corners of the international financial system through huge cash injections into ailing banks that were funded by taxpayers

EU accession: nationalist opposition ‘sabotages’ Macedonia referendum

When Macedonia, the West Balkan state, held its referendum on its new name in September there were several options: ‘New Macedonia’, ‘Upper Macedonia’, even ‘Vardar Macedonia’ after the river that flows through the country. In the end, the proposition was for ‘North Macedonia’.

M&A trends and challenges in Latin America

M&A trends and challenges in Latin America IBA Latin American Entrepreneurship Conference: challenges and opportunities in Latin America 6–8 November 2019, São Paulo, Brazil Thursday 7 November Interactive workshop 1 – Part 1 M&A trends and challenges in Latin America Breakout group discussion on benchmarking deal structures in different economic climates Karin Alvo Daniel del Río Pablo Artagaveytia

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.

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.

SPECIAL EDITORIAL: What can construction contracting learn from Covid-19?

Before we try to predict medium-term and long-term changes to the construction sector that may result from Covid-19, we should first recognise the ways in which the industry and its clients have responded quickly and responsibly to the unprecedented challenges created by the pandemic.

Indonesia issues guidance for online licensing service

Indonesia introduced the Online Single Submission System (OSS System) in 2018 to improve the business licensing process in the country and improve the ease of doing business. Indonesia’s Investment Coordinating Board (BKPM) recently issued a regulation that provides technical guidance on the application for and the issuance of business licences through the OSS System and a legal basis for new features implemented in OSS System version 1.1.

Selected statistics regarding the state of commercial arbitration in Romania

The scope of this paper is to publicise a series of official statistics regarding institutional arbitration in Romania and setting aside proceedings resolved by Romanian courts. To the best of the author’s knowledge, information regarding the state and development of commercial arbitration in Romania is scarce, being mostly based on anecdotal evidence. For this reason, the author hopes that the statistics herein will be useful tools for practitioners and users of arbitration, and an incentive for similar efforts in the future.

Digital markets in Korea

The Covid-19 pandemic has accelerated Korea’s progression towards an ‘untact’, or contactless, economy. Working from home is now a culture for many, and digital transactions and services are becoming a necessity for businesses and consumers. With many of today’s social and economic activities taking place online, digital markets in Korea have grown exponentially in recent years and are expected to fundamentally change both personal and professional lives. Amid this rapidly evolving digital landscape, enforcement authorities in Korea – including its competition law authority, the Korea Fair Trade Commission (KFTC) and information communications technology sector regulator, the Korea Communications Commission (KCC) – are proactively addressing new competition and consumer protection issues arising from the digital economy, leading to an increasing number of multilateral regulatory probes.

Legal requirements for IoT security in Europe: current state and outlook

The article shows that GDPR and the Cybersecurity Act are actually not sufficient to enforce IT security for IoT solutions in Europe. At the same time a possible regulation by the Radio Equipment Directive is examined.

The Stolt Commitment v Thorco Cloud Collision case revisited by the Supreme Court of the Netherlands

This article sets out the Dutch Supreme Court’s decision of 29 May 2020 in the Stolt Commitment v Thorco Cloud case.