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O IBAHRI exorta as profissões jurídicas no Brasil a trabalharem pela melhoria das condições prisionais

COMUNICADO À IMPRENSA: sexta-feira, 13 de janeiro de 2017. Diante das rebeliões ocorridas em presídios de Manaus e Roraima no Brasil, os quais resultaram na morte de cerca de 100 pessoas e na fuga de diversos presos, o Instituto de Direitos Humanos da International Bar Association (IBAHRI), exorta as profissões jurídicas do país a trabalharem com urgência pela melhoria das condições das prisões e pela criação de ambientes nos quais os direitos humanos dos presos e servidores do sistema prisional sejam respe

O Trabalho de prevenção à tortura do IBAHRI no Brasil

In spring 2018, the International Bar Association's Human Rights Institute (IBAHRI) and the Anti-Torture Initiative (ATI) reached the milestone of conducting tailored programmes in all five regions of Brazil on torture prevention and implementing the Istanbul Protocol. The IBAHRI has worked in Brazil since 2010 to support the country in its commitment to eradicate torture as part of its obligations under international law

IBAHRI e ATI requerem que Brasil revogue o Decreto Presidencial que desmantela o Mecanismo Nacional de Prevenção e Combate à Tor

A Instituto de Direitos Humanos da Associação Internacional de Advogados (“IBAHRI”) e o Iniciativa Anti-tortura (“ATI”) expressam grande preocupação e condenam a decisão do Governo brasileiro de estabelecer severas limitações ao trabalho do Mecanismo Nacional de Prevenção e Combate à Tortura (“Mecanismo Nacional”). A medida representa uma perigosa redução da proteção dos indivíduos privados de liberdade.

Brasil: Novo relatório da IBA mostra sub-representação de mulheres em níveis seniores em todos os setores do direito

Parte do projeto “50:50 até 2030”, o relatório examina a disparidade de gênero na profissão jurídica no Brasil.

Prevenção à tortura no Brasil - assistir vídeo

News release, Tuesday 12 November 2018. O Instituto de Direitos Humanos da International Bar Association (IBAHRI) divulgou um vídeo sobre prevenção à tortura no Brasil no qual atores interessados locais e especialistas internacionais opinam sobre o histórico da tortura no país e os desafios atuais para sua prevenção e persecução penal. O vídeo também ilustra como o trabalho do IBAHRI está contribuindo para fortalecer a capacidade de o Brasil defender seu compromisso tanto nacional como internacional com a

Site visit model protocol for international arbitration

In the experience of the Working Group for the Site Visit Model Protocol (the ‘Working Group’), site visits can be a helpful procedural tool in international arbitrations. They serve two general purposes.

IBAHRI apresenta amicus curiae sobre jurisdição militar ao Supremo Tribunal Federal do Brasil

O International Bar Association’s Human Rights Institute – IBAHRI (Instituto de Direitos Humanos da International Bar Association) apresentou uma petição de amicus curiae ao Supremo Tribunal Federal do Brasil sobre as leis, normas e padrões regionais e internacionais de direitos humanos, a respeito da jurisdição militar em face de graves violações dos direitos humanos em tempo de paz.

Is it safe for construction sites to stay open?

When everything is going online and staff are being asked to work from home, one can still hear construction activities going ahead in several sites in central London and beyond. This article aims to explore the arguments for and against keeping construction sites open during the London lockdown due to the Covid-19 pandemic. If a second wave of the virus eventuates, we may need to address these difficult questions again.

A conversation with... O Gon Kwon

O-Gon Kwon is an attorney-at-law at Kim & Chang and serves as the president of the firm’s International Law Institute.

Differing site conditions: contrasting the English and US legal systems

Differing site conditions: contrasting the English and US legal systems

Risk management and contractual risk allocation in subsea site investigations and installation activities for offshore wind farms

Law firm management: planned A&O and Shearman deal among largest sector has seen

In late May, UK Magic Circle firm Allen & Overy (A&O) and New York-based firm Shearman & Sterling announced plans to merge.

First Chinese special representative securities action spikes demand for D&O insurance, but coverage availability remains unclear

Purchasing directors and officers insurance (D&O insurance) is a standard practice for public companies in the United States. The same is not standard practice in another major economic power, China, but that may no longer be the case. The demand for D&O insurance has recently spiked in China in response to the new Chinese Securities Law that went into effect in March 2020.

Tech or no tech? There is NO question. Lawyers cannot afford not to resort to new technological tools

A conference report on the ‘Tech or no tech? There is NO question. Lawyers cannot afford not to resort to new technological tools’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.

Brazilian Law no. 14,034 and its impact on airlines

The present article aims to explore the recent changes in Brazilian regulations brought by Law No. 14,034/20, expected to aid airlines and industry players during the coronavirus (Covid-19) pandemic, as well as its impacts on the future development of the aviation sector and the possible creation of a more business-oriented regulatory environment.

(No) separation of powers

Lobbying scandals and efforts to undermine the judiciary are eroding public trust in British democracy and standards in public life.

No more crimes without punishment

In this column, written exclusively for Global Insight, Ukraine’s Prosecutor-General, Andriy Kostin asserts the importance of holding Russian leaders accountable for the crime of aggression against Ukraine via a special ad hoc tribunal.

Erase no trace: Vive la France!

As cities scrambled to remove statues amid surging Black Lives Matter protests, the President of France stood firm. Global Insight explains why.

China's judicial reforms are no revolution

IBA Global Insight, Aug/Sept 2016 - Recent court reforms should increase competency and help to reduce corruption within the judiciary, but will not fundamentally challenge the status quo

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.

Internal investigations: There is no escaping anymore!

Whistleblowing complaints on financial, ethical, and legal issues are on the rise in India. With the law not having evolved at the same pace, it has created even more uncertainties in the regulatory environment. However, consciously, many Indian corporates have adapted and changed gears, ushering in a new mindset, and incorporating policies to achieve the broader objective of ‘no fraud-no corruption’.

Ukraine - The UN: words, but no teeth

Russia’s invasion of Ukraine has horrified the world and spurred regional bodies, notably the EU and NATO, into taking concrete action to help Ukrainian refugees and provide military assistance to the country.

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.

Asia: Panama Papers – no news is good news

IBA Global Insight June/July 2016. A third of all Mossack Fonseca’s business originated from its offices in Hong Kong and China. Local media coverage of the leaks has been inconsistent and, in some cases, actively censored by authorities fearing the consequences of these and further revelations.

LGPD development in Brazil: ANPD Resolution No 15/24

The Brazilian General Data Protection Law (LGPD) represents a significant milestone for data protection in Brazil, aligning itself with international standards and providing a solid legal framework for the privacy of personal data. As a part of this process, Resolution CD-ANPD No 15, of 24 April 2024, has emerged as a crucial regulation that establishes the procedures for reporting security incidents. This article will analyse the main aspects of this resolution, assessing its strengths, limitations, impacts and suggesting possible improvements.

When Seeing Is No Longer Believing: Evidentiary Challenges of Deepfakes in Arbitration

This article examines how deepfakes – AI-generated or manipulated audio, image, and video – destabilise evidentiary assessment in arbitration. Beyond the risk of convincingly falsified exhibits, deepfakes fuel the ‘liar’s dividend,’ whereby the mere possibility of manipulation is invoked to discredit authentic proof. Detection remains technically challenging, costly, and unevenly accessible – especially for mid- and small-value cases. Drawing on recent litigation experience, the EU AI Act’s transparency framework, and broader evidentiary principles, the article highlights how these difficulties risk undermining fairness, efficiency, and equality of arms. After a brief technical primer on deepfakes and their detection limits, the discussion distills lessons from court cases (including the emergence of the ‘deepfake defence’) and evaluates arbitration’s current evidentiary toolbox, highlighting risks of chilling effects and cost inflation if authenticity burdens are misplaced. While arbitration is not without safeguards – party autonomy, due process, procedural loyalty, ethical duties, and soft-law instruments – the article questions whether these tools are sufficient in practice. The contribution is ultimately pragmatic: safeguard fair and efficient truth-finding by reinforcing proportional verification, targeted expert input, and principled tribunal case management – so that access to justice is preserved when seeing is no longer believing.

England and Wales’ digital era: no blank space when litigating in this jurisdiction

On 11 September 2024, the Property (Digital Assets etc) Bill was introduced to Parliament in England. For the first time ever, digital assets can now be considered as personal property under English statutory law. In this article, we seek to explore the key provisions of the Bill, and the implications for conducting litigation in the digital age

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.

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.