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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.

Italian Communications Authority issues copyright enforcement measures against Telegram

The Italian Communications Authority (AGCOM) has initiated proceedings for online copyright infringement on the application of publishing industry rights holders. The applicants claimed that public channels on the instant messaging platform illegally made thousands of journalistic and literary works from their catalogues available for downloading. AGCOM’s moral persuasion proved pertinent, as Telegram spontaneously removed them. Most recently, emergency legislation has introduced new provisions expanding A

Improving (anti-)social media behaviour

Legislators and regulators have intensified their efforts to drive social media platforms towards ‘good behaviour’ in response to concerns about the harms they cause, as Global Insight reports.

Diversity and equality: Has the pandemic changed the modern-day workforce?

Diversity and equality in the workplace are being discussed more often and more frequently by organisations and are becoming a core element used to gauge an organisation’s reputation. For example, certain companies will not work with a firm that does not have a clear and practical framework in place to address these issues. This is an encouraging sign in terms of creating a more diverse society.

Disappearing messages: updating best practices

Indian data laws that made the headlines

This article discusses the technology and data related developments which made headlines recently and have the potential of changing the way companies do business in India.

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.

Pakistan’s Draft National AI Policy: fostering responsible adoption and economic transformation

In May 2023, Pakistan’s Ministry of IT & Telecom introduced a Draft National AI Policy (Policy) as part of its Digital Pakistan vision. This article explores the Draft National AI Policy, highlighting its objectives, targets, implementation framework, and the significance of addressing ethical considerations.

The Nigerian Arbitration and Mediation Act 2023: A comparison with the Arbitration and Conciliation Act 2004 and global practices

This paper dissects in detail the recently passed Nigeria Arbitration and Mediation Act 2023. Specifically, it analyses and explains provisions introduced into the Act which aligns the Act with global arbitration best practices; and the repeal of old provisions that do not meet the standards of global arbitration best practices, or that can be described as archaic.

The unbalanced scales of refugee justice

IBA Global Insight April/May 2017 - Reporting from Athens and Lesvos, Global Insight met lawyers on the frontline of Europe’s refugee crisis as they attempt to gain access to those in greatest need of legal assistance.

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.

Non-arbitrable disputes - the law in India

By Kingshuk Bannerjee. Under the current legal framework in India, arbitrability is the norm and non-arbitrability the exception. The Indian Arbitration Act, which is largely premised on the UNCITRAL Model Law on International Commercial Arbitration 1985, adopts the globally preferred approach of minimal judicial intervention. That said, non-arbitrability is, undoubtedly, a thorn in the side of arbitration.

IBAHRI condemns the murder of Iranian dissident journalist Ruhollah Zam

The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns the execution of Ruhollah Zam, an Iranian dissident journalist and editor of the website and Telegram channel AmadNews. Mr Zam was arbitrarily arrested in October 2020 and sentenced to death for ‘spreading corruption on earth’. The sentence was confirmed on 8 December and he was hanged on 12 December 2020.

US Supreme Court holds that non-signatories to arbitration agreement subject to New York Convention can compel arbitration

On 1 June 2020, the United States Supreme Court issued its opinion in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC (GE Energy), holding that non-signatories to an arbitration agreement can compel arbitration of agreements that are subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or simply ‘Convention’) by relying on traditional legal and equitable principles.

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.

2020-2021 legal market trends in Ukraine

This article outlines what to expect in Ukrainian legal market in the course of the next year.

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.

Detention of human rights lawyer Amirsalar Davoodi in Iran of deep concern

The International Bar Association’s Human Rights Institute (IBAHRI) is deeply concerned by the continued detention of human rights lawyer, Amirsalar Davoodi, without legal representation. A regular user of social media platforms as well as his Telegram channel, Without Retouch, to speak out about human rights concerns in Iran, Mr Davoodi was arrested in the country on 20 November 2018 and charged with crimes against national security. Access to his lawyer has been denied and family visits left wanting.

Belarus – IBAHRI condemns detention of media and use of force against protesters following elections

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the detention and use of force against peaceful protesters and journalists in the Republic of Belarus, following the announcement of the initial results of the presidential elections on 9 August 2020. According to the Central Election Commission of Belarus, the elections results indicate that incumbent President Alexander Lukashenko won with 80.23 per cent of votes. Several organisations, including…

‘Sham’ election is latest attack on Cambodian democracy

The most recent threat to democratic rule in Cambodia came in the form of July’s national election, which was held against the background of an ongoing media crackdown.

Ukraine conflict: Russia’s crackdown on dissent escalates in wake of invasion

Russia attacks fundamental freedoms and rule of law as Navalny’s network targeted

The international community breathed a collective sigh of relief on 23 April when opposition leader Alexei Navalny ended a 24-day hunger strike in prison after finally receiving medical care. Yet ongoing efforts to suspend his political organisation and restrict other fundamental freedoms threaten to cripple Russia’s already deteriorating human rights situation.

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.

The EU’s Digital Markets Act: Opportunities and Challenges Ahead

As witnessed in a series of studies, analyses and papers published over the course of 2019−2020, an international consensus was emerging that the public policy concerns arising consistently in connection with digital platforms either required a fundamental rethink of how competition policy should address such concerns or provide the rationale for the creation of a sui generis regulatory regime. If the latter approach were to be chosen, this would mean that competition policy would be left with a complementary role to play, and one that would logically be directed at new modes of commercial behaviour. The genesis of such a public policy choice in the European Union was brought into sharp focus by the protracted competition law investigation into various commercial practices of Google in internet search by the European Commission (the ‘Commission’), which had been ongoing since 2010 and which had to wait to be resolved by the vindication of the Commission’s 2017 decision before the General Court as late as November 2021. In response to the demands by EU Member States that appropriate action be taken to compensate for the slow and arguably ineffective application of EU competition rules, a draft regulatory package was introduced by the Commission in December 2020 that would regulate key problematic business practices of large digital platforms across the EU. Whereas the so-called Digital Services Act was to deal with critical public policy issues that were consumer-facing, it was the Digital Markets Act (DMA) that laid out the unique regime that would apply economic regulation to large digital platforms. The object of this article is to: (1) provide an outline of the defining elements of the DMA; and (2) identify key aspects of that legislation, whether from a substantive, procedural or institutional point of view, where the intended outcomes of the DMA might be compromised.

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.

Evidencing damage caused by modern warfare: Russia’s large-scale war against Ukraine

The large-scale war waged by Russia on Ukraine has been going on for over two years and has caused enormous damage. The total amount of damage to Ukrainian citizens, businesses and the state itself is yet to be quantified. It already appears to be in the range of hundreds of billions of dollars. It is said that even the total value of all frozen Russian assets in different jurisdictions is far below the value of the damage caused by the Russian aggression against Ukraine.

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

Covid-19: response to pandemic wreaks havoc with rights across Middle East

When Roya TV in Jordan aired a report highlighting the concerns of workers over the economic impact of the country’s Covid-19 curfew, the channel was expecting peak viewership as the public stayed home. But, just hours later, two of its top executives were arrested, part of an emerging trend across the Middle East whereby those questioning the official response to the pandemic are penalized and, on occasion, thrown behind bars.