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Issue 28 – Friday 18 December 2020

The 28th issue of the International Bar Association’s Human Rights Institute (IBAHRI) Covid-19 Human Rights Monitor includes increased calls to domestic violence hotlines during the pandemic, displaced refugees and violence against peaceful protestors.

Issue 22 – Friday 18 September 2020

The 22nd edition of the IBAHRI Covid Monitor includes coverage of the United Nations General Assembly resolution encouraging international cooperation, measures to combat rape in Liberia, LGBTQI+ rights in Southern Africa, Tajikistan and Iraq, effects of the fire at Moria refugee camp in Lesbos, reports of dangerous medical practices at an Immigration and Customs Enforcement facility in the US, homelessness and Covid-19 in the Middle East, Germany and Chile, and furlough schemes and disability.

Issue 21 – Friday 11 September 2020

The 21st edition of the Monitor covers topics including a fire in Moria refugee camp forcing refugees ill with Covid-19 to flee and the growing crisis for worldwide refugee camps, the effect on low-income earners, including redundancies and homelessness and the difficulties for those living with disability in the reopening of schools.

Issue 18 – Friday 21 August 2020

The latest issue of the Monitor covers topics including Covid-19 outbreaks in refugee camps, prisons and detention centres. Also: the lasting impact of the pandemic on individuals with disabilities and on children without access to education.

Issue 11 – Friday 3 July 2020

The latest issue of the IBAHRI Covid-19 Human Rights Monitor contains updates on gender-based violence and women’s health in India and Northern Ireland. Also: refugee camps, including the Kakuma Refugee Camp in Kenya, which has no reported cases of Covid-19 to date.

Austrian Supreme Court’s decision in OGH 18 OCg 9/19a

On 15 January 2020 the Austrian Supreme Court considered whether a final arbitral award on its merits violated Austrian public policy (Case: OGH 18 OCg 9/19a). The underlying arbitration was conducted under the rules of the Vienna International Arbitral Centre (VIAC) with seat in Vienna.

Myanmar: International community weighs up further action, 18 months after military coup

Eighteen months after Myanmar’s military seized control and arrested then-leader Aung San Suu Kyi, alongside other members of the democratically-elected National Unity Government (NUG), the international community grapples with how to treat the country. As things stand, there’s no sign of an end to the junta’s bloody and contentious rule.

IBA to address wellbeing for law students in free 18 February webinar

IBAHRI and ATI pen letter to Turkey’s President condemning conviction of 11 medical professionals

The International Bar Association’s Human Rights Institute (IBAHRI), in conjunction with the Anti-Torture Initiative (ATI), has written to Turkey’s President, Recep Tayyip Erdogan, condemning the conviction of 11 members of the Turkish Medical Association (TMA) Central Council on terrorism charges.

Fighting corruption in Brazil: Federal Decree No 11,129 of 11 July 2022, regulating anti-corruption law

The Anti-Corruption Law was first regulated, at the federal level, by Decree No 8,420 of 18 March 2015. On 12 July 2022, more than seven years later, Federal Decree No 11,129 of 11 July 2022, which regulates Anti-Corruption Law and repeals Decree No. 8,420/2015, was published by the Brazilian government. This article provides a detailed overview of the new Decree.

Multinational LATAM companies in distress: Chapter 11 or Chapter 15 of US Bankruptcy Code – opportunities and pitfalls

Report on the session of the Insolvency Section of the Latin American Regional Forum at the IBA Annual Conference in Miami

Latin American airlines file for Chapter 11 in response to Covid-19: forum shopping or sound strategy?

A webinar presented by the IBA Insolvency Section, 8 September 2020, 1400-1500 BST

Chapter 11 rehabilitation proceedings in Korea of a shipping company - Maritime and Transport Law Committee, July 2020

This article is aimed at providing detailed information about the procedures and pertinent details of rehabilitation or Chapter 11 proceedings of Korea regarding shipping companies.

Landmark ruling of the Court of Justice of the European Union on airport charges: Case C-379/18

This article focuses on a ruling of the Court of Justice of the European Union concerning the competence of the Independent Supervisory Authorities to determine of airport charges. Through analysis of the ruling in question and identification of the peculiarities of the Italian system, this article provides an overview of the main legal barriers to the implementation of Directive 2009/12 on airport charges.

Report on Tables 11 and 12 of Interactive Workshop: Selected corporate topics connected to developments and consequences of the global pandemic – part one

Report on session at 6th IBA Global Entrepreneurship Conference, 16 – 17 May 2022, presented by the IBA Closely Held and Growing Business Enterprise Committee

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.

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

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

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.

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

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.

Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions - China Working Group

By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.

Covid-19 and family law: the Singapore perspective

This article explores how the pandemic has significantly affected Singapore court proceedings and family law jurisprudence on divorce, division of assets, and children issues as caused by the new way of family life in Singapore, the new normal.

The Canadian Competition Bureau and Big Data

Like in many jurisdictions, the digital economy has become one of the most prominent enforcement priorities of the Canadian Competition Bureau. However, to date, the Bureau has advocated for a more measured approach to the application of competition law to the digital economy than some of its counterparts in other countries. In particular, the Bureau and its officials have consistently maintained that the current Canadian antitrust framework is sufficiently robust to address the unique issues presented by

Overview of recent updates to Brazilian tax legislation

The year 2023 brought significant changes to the Brazilian tax landscape, including, among others, the approval of a tax reform encompassing the taxation of consumption, the introduction of new taxes (IBS, CBS and IS) and the abolishment of others (PIS, COFINS, IPI, ICMS and ISS), as well as the alignment of the Brazilian transfer pricing rules with the Organisation for Economic Co-operation and Development’s (OECD) Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations through the conversion of Provisional Measure No. 1,152/2022 into Law No. 14,596/2023. This article provides a brief summary on the key changes from the past year and early 2024.

No-poach and wage-fixing agreements – a Canadian perspective

This article considers what the Canadian approach should be to the regulation of no-poach and wage-fixing agreements. It provides an overview of the dual-track approach to agreements between competitors included in the Canadian Competition Act; explains why no-poach and wage-fixing agreements have become such a ‘front and centre’ issue in Canada for both the Canadian Competition Bureau and politicians; describes the approach to no-poach and wage-fixing agreements in Canada and in various jurisdictions around the world; and discusses the path forward in Canada, including our opinion that the Bureau will likely push for amendments bringing no-poach and wage-fixing agreements within the scope of the Competition Act’s per se criminal cartel provision – inline with the approach of enforcement agencies in the United States. However, this article highlights that the nuanced and contextual effects of no-poach and wage-fixing agreements, which have yet to be fully understood in Canadian labour markets, may necessitate a more fulsome analysis of these agreements under section 90.1 of the Competition Act.

The Paradox of Venture Debt: How and Why Does Debt Work in the Venture Market?

Venture debt, a different funding alternative for startups, has positioned itself firmly in the venture business in the past few years, reaching high numbers in the US market by 2022, and more recently has begun to gain position in other markets, such as Latin America. This type of financing seems counterintuitive at first, since the logic behind loan financing has not aligned traditionally with the high-risk profile and low cash flows of startups. This has led to burdensome requirements for its founders, who have had to back up the loans personally, but the empirical data seems to point towards a significant use and growth of this type of financing. This article looks at how venture debt works and why it works.

Interview with Renée Duplantis, PhD, former TD MacDonald Chair in Industrial Economics at the Competition Bureau

Interview with Renée Duplantis, PhD, former TD MacDonald Chair in Industrial Economics at the Competition Bureau.

Do not pass go: a new card in US antitrust enforcement of the tech titans

United States antitrust enforcers have held off on rigorous enforcement actions of some of the largest US technology companies for years, but now the tide is turning. This year, the FTC launched the Technology Task Force and the Division opened investigations into online platforms. Areas of likely increased antitrust scrutiny, and potentially enforcement include the collection and use of Big Data and the review of acquisitions of nascent competitors.

The manhunt

IBA Global Insight, June/July 2016. Despite what commentators view as a disappointing sentence for Radovan Karadzic, the first ad hoc tribunal since Nuremberg has indicted 161 suspects. The pursuit and capture of the fugitives was the most successful manhunt of modern times and a high point of international humanitarian law.