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From 'think before you speak’ to 'think before you WhatsApp': the validity of WhatsApp and other electronic messages as evidence before Dubai courts

The current era of technology and reachable-everywhere-and-anytime lawyers imposed its rules. This wide adoption of instant messaging in some of the Middle East jurisdictions, including the UAE, has been encouraged and regularized by legislation and court decisions that afforded validity and evidentiary weight to instant messaging and electronic communications on equal footing with conventional means of communication and written documentation.

The evidentiary value of WhatsApp and SMS screenshots and ordinary emails in the Italian legal system

This paper assesses the evidentiary value of WhatsApp and SMS screenshots – and, by analogy, ordinary unsigned emails – in Italian civil litigation. Courts treat such communications as ‘mechanical reproductions’ under Article 2712 of the Italian Civil Code, giving them full probative effect unless their conformity is specifically disavowed. The paper summarises the impact of disavowal and the main routes to prove authenticity (verification proceedings, court-appointed forensic analysis, presumptions, and witness evidence), and briefly discusses their use to support applications for payment orders and, in stricter cases, provisionally enforceable injunctions.

How to get your money in Texas

Texas is a large real estate, banking and energy market. Texas has an effective procedure known as ‘receivership’ which allows judgment creditors to recover assets from Texan individual and corporate debtors.

Terrorism and the law: Tech companies central to government response to Westminster attack

The chaos caused by what police believe was a lone man’s killing of four people near Westminster in London has once again stirred the debate on the boundaries of the law and the remit of government bodies intended to prevent terror attacks. At the centre of the debate is messenger service WhatsApp, which the attacker is thought to have used minutes before driving a car onto the busy pedestrian lane on Westminster Bridge.

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.

Working hard or hardly working? Antitrust labour markets: an update from the United States

In this article, the authors trace the history, evolution and latest developments of the antitrust laws’ application to labour markets in the United States. Then, they describe common types of claims in labour markets cases, before analysing recent criminal and civil wage-fixing, no poach, and merger challenges. The authors conclude by providing actions companies should consider taking, as they seek to avoid finding themselves as a defendant in an antitrust–labour markets case.

The impact of Covid-19 on the global insurance industry – United States

European Commission Issues First-Ever No-Poach Decision

On 2 June 2025, the European Commission issued its first decision on no-poach agreements. Following dawn raids in July 2022 and November 2023, it fined Delivery Hero and Glovo €329m for participating in a food delivery cartel, which comprised not only no-poach agreements but also information exchanges and market partitioning. The Commission’s decision follows a wave of national European precedents initiated in 2019 that condemned employment-related practices. While the debate around the qualification of no-poach agreements is relatively new at the European level and is currently being clarified by the Court of Justice of the EU (CJEU), the United States has been exploring this issue for more than a decade.

Clash of the Titans: GDPR and International Arbitration – a Look at the Future

There is little guidance for arbitration practitioners on how personal data protection obligations should be complied with in international arbitration. In February 2019, the International Council for Commercial Arbitration (ICCA) and the International Bar Association (IBA) established a Joint Task Force on Data Protection in International Arbitration Proceedings. In March 2020, the Task Force published a consultation draft Roadmap that seeks to provide such practical guidance. This article, focusing specifically on the European Union’s General Data Protection Regulation (GDPR), serves as a commentary on this Roadmap in light of six pertinent issues regarding personal data protection in international arbitration.

The enforceability of knock-for-knock indemnity clauses in offshore wind construction contracts

The Brazilian Competition Authority (CADE) investigates the Soy Moratorium, testing the boundaries between sustainability agreements and antitrust concerns

This article examines the investigation launched by the Brazilian Competition Authority (CADE) into the Soy Moratorium, a multi-stakeholder agreement aimed at curbing deforestation. The investigation is a key development in Brazil’s treatment of sustainability agreements under competition law. The case stems from allegations that the Moratorium operates as a coordinated refusal to purchase soy from non-compliant producers. CADE’s preliminary view characterised the arrangement as a potential buyer cartel, prompting sweeping preventive measures later partially suspended by Brazilian courts. This article compares Brazil’s approach with emerging international guidance, underscoring regulatory uncertainty and the need for clearer CADE standards on environmental cooperation.

Digital Services Act & Digital Markets Act: Europe regulates big digital platforms

This article reviews the recent European Union regulations, namely the Digital Services Act and the Digital Markets Act which regulate digital platforms with operations in Europe, from different perspectives. Likewise, the article revises some regulatory projects in Brazil and the United States, before turning to Argentina, where the regulation of the intermediaries’ responsibility is an issue of current relevance. Due to the lack of an ex-ante regulation regarding these topics, this article goes over some of the cases treated with consumer protection regulations as well as with antitrust law and data privacy provisions.

Innovations for the development of remote justice in Nigeria

Like many countries around the world, Nigeria was forced to impose a lockdown in Lagos (Nigeria’s commercial hub) and Abuja (Nigeria’s capital city) to combat the spread of Covid-19. The government’s ban on public gatherings and interstate travel resulted in the judiciary’s suspension of court sittings from March to May 2020, except for hearings of cases that were considered urgent, essential or time-bound.

Digital surveillance’s threat to human rights

The landscape for potential human rights abuses by digital surveillance is changing as the methods used grow ever more powerful. Global Insight considers this evolution and the need for regulatory frameworks to adapt.

Changes to the Competition Act – a catalyst for the Indian economy?

India is increasingly becoming a key jurisdiction for foreign investment. To keep the momentum going, the Indian government has consistently attempted to keep the business environment friendly and less burdensome. This includes: a reduction in corporate tax rates; easing the liquidity problems of non-banking financial corporations and banks; foreign direct investment policy reforms; and easing compliance norms – all with the aim of promoting ‘ease of doing business in India’. After more than a decade, India’s competition law has recently been amended, bringing about key changes that will impact businesses. The 2023 Amendments to the Indian Competition Act 2002 (the Act) introduce changes that several antitrust jurisdictions are still considering. The 2023 Amendments are a mixed bag of changes: several are business friendly – such as commitments and settlements, expedited merger review timelines and introducing a leniency-plus regime – while others aim to achieve greater regulatory oversight and stricter enforcement, such as deal value thresholds, penalties on global turnover and increased liability for hubs in ‘hub-and-spoke’ cartels. The Competition Commission of India (CCI), the body entrusted with the responsibility to nurture and maintain well-functioning markets that facilitate the growth manifested by the Indian government, must adopt a balanced approach to ensure that competition enforcement does not get in the way of ‘economic growth’ as envisaged under the Preamble of the Act. This article examines the impact of the 2023 Amendments on the Indian market. In particular, the writers examine the CCI’s approach in adopting these tools and tailor it according to the requirements of the Indian economy.

The off-channel communications headache

With regulators around the world stepping up their focus on off-channel communications, all businesses must ensure they’ve appropriate policies and procedures in place, as In-House Perspective reports.

Testing the power of regulators in the age of tech

Last autumn, US antitrust agencies blocked a proposed deal between two major book publishers. Global Insight examines the case in the context of the activist approach being taken by regulators, especially towards Big Tech.

Can behind-the-meter structures solve the impending power bottleneck caused by AI data centres?

The development of AI data centres has been identified as one of the primary drivers of anticipated growth in the power sector in the next decade. Given the scale of these projects and the concentrated usage of electricity, behind-the-meter power generation structures are being mooted to expedite delivery of AI data centre projects while minimising cost-shifting to users of the grid. Although there have been positive developments at the federal level which may facilitate the buildout of new generating assets, state and local laws will remain a primary consideration on whether behind-the-meter structures can be successfully deployed in a given location.

Case Comment: The Perils of the Use of Generative AI in Litigation: Ayinde v London Borough of Haringey and Al-Haroun v Qatar National Bank QPSC & Another [2025] EWHC 1383 (Admin)

The High Court in England and Wales has recently examined the use of generative artificial intelligence tools by lawyers in litigation. Two cases were referred to the High Court after it became apparent that false citations appeared in legal documents that were being relied upon by lawyers. Intentionally submitting false material in court proceedings, with the knowledge that the information is false, will amount to contempt of court. This could attract a prison sentence of up to two years. The harshness of the punishment is for good reason: deliberate interference with the administration of justice is a serious act that undermines public confidence in the legal process.

Serving by email under the Hague Convention for cases in the US courts

Imagine the defendant in the lawsuit you are about to commence in the federal courts in the United States resides in a country that is a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Convention).

Recent developments in EU antitrust enforcement against big tech

The approach currently adopted by competition authorities around the world against so-called big tech hides two main risks, namely the delay in respect of innovation processes that may cause the actions undertaken turn out to be vain and the antitrust over-enforcement. This second feature, particularly, is strictly related to the position that enforcers are prone to adopt on competition law goals, which debate has massively re-emerged in the present context

Dangerous new developments drive government action to counter fake news

The continued proliferation of disinformation online – often referred to as ‘fake news’ – has this summer led to increased scrutiny and action from governments.

Union consultation goes digital amid renewed debate over traditional principles of union recognition

Recent Italian case law decisions spanned from considering the impact of increasingly digital workplaces on trade union rights to re-examining traditional union representation and recognition principles. In two 2026 decisions the Court of Cassation clarified that digital consultation methods may satisfy statutory obligations, provided that substantive participation is preserved. Together, these rulings reflect a consistent judicial approach: procedural forms may evolve, but the core functions of representation and collective negotiation must remain intact. Running in parallel, the Constitutional Court’s October 2025 ruling on Article 19 of the Workers’ Statute reshaped the criteria for workplace union recognition by rejecting exclusive dependence on company‑level bargaining participation as the sole gateway to RSA status and grounding representation rights in objective measures of union national representativeness.

Pakistan tightens restrictions on social media giants

This article considers Pakistan’s crackdown on social media giants such as Facebook, Twitter and TikTok, and the relationship between these restrictions and the right to freedom of expression.

UK and Europe: a new hub for data breach class actions?

In this article we look at the growth of data breach class actions in the UK and Europe following the coming into force of the General Data Protection Regulation (GDPR). We also consider regulatory activity in the data protection field and the links between investigations and recent class actions. Looking to the future we ask whether current trends are likely to continue, highlighting some powerful policy statements made by the English Court of Appeal in support of data breach class actions, and conclude with a few words on litigation funding and its role in facilitating these kinds of cases.

Recent developments in big tech regulation in India

The article examines the Competition Commission of India’s (CCI) decisional practice in cases of abuse of dominance in relation to big tech companies. The authors note that the CCI has adopted a cautious approach, and has on certain occasions expressed its reluctance in early intervention in a nascent sector. The article examines the need for the CCI to be driven by a fact-based approach in light of the jurisprudence from other mature regulators.

Human rights news from the IBA - June/July 2017

IBA Global Insight June/July 2017. Terrorism and the law: tech companies central to government response; IBA partners with UN for global anti-torture initiative; ‘Vigilant’ French law introduces duty of care for large companies

Legal and business news analysis - October/November 2018

IBA Global Insight October/November 2018 -Russian corruption: growing calls for tougher sanctions to combat ‘dirty’ money; The United Kingdom has long been recognised as a favoured destination for wealthy Russian investors, but the flow of ‘dirty money’ from Russia is tainting the country’s reputation. It is increasingly viewed as a safe haven for the Kremlin’s coffers, according to a recent report by the UK House of Commons’ Foreign Affairs Committee

From the Chairs - Maritime and Transport Law Committee newsletter article, July 2020

By Richard V. Singleton and Godofredo Mendes Vianna. From the Chairs - Maritime and Transport Law Committee newsletter article, July 2020

Online regulation marks global shift towards collective ‘duty of care’

An exponential rise in online abuse and harassment has necessitated governments to step up online regulation.