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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.

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.

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

Differing site conditions: contrasting the English and US legal systems

Differing site conditions: contrasting the English and US legal systems

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.

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

Limits to directors’ and officers’ liability for fraud or corruption in Brazil: arbitration involving state-controlled entities

Brazil is currently focused on privatising state-controlled entities. While this may present great investment opportunities, given Brazil’s issues with corruption, it carries a considerable amount of risk. This article establishes practices and precautions to uphold investors’ interests in cases of corruption, fraud or mismanagement. In doing so, it will endeavour to compare the US and Brazil’s statutes of limitation rules, proceeding with a practical analysis of civil actions for damages filed by investo

EU, UK & US ‘Sanctions’: Procedural and Substantive Impact on International Arbitration?

There has been tangible change in international commercial relations in light of the 2022 economic sanctions imposed by the EU, UK and US following developments in Ukraine in February 2022. Lord Mance (at a Global Arbitration Review ‘GAR Live London’ in July 2022) made the comment ‘by far the most likely effect of sanctions in international arbitration is to the funding of cases outside Russia where one party is sanctioned and their assets frozen’. This article considers the implications on international arbitration from both procedural and substantive perspectives. It also touches on the implications under international law. In short, there are a number of ‘procedural’ difficulties to ongoing international arbitrations and on the ability to effectively enforce international arbitral awards. There are also risks, although more limited in scope, to substantive provisions of contract which may or may not lead to an increase in arbitration. Although there will be changes and limitations to international arbitration in light of the EU, UK and US sanctions, this article concludes that those limitations and will be minimal in scope and application. This is because arbitral rules and tribunal case management powers can happily regulate the disruption caused by sanctions. The article also concludes that international arbitration will see an increase in the use of orthodox substantive rights and obligations relating to frustration, impossibility, illegality and hardship. Hardship pursuant to various Civil Codes will be especially popular.

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.

Aerospace exploration in Brazil: the Alcântara Space Center

This article explores recent measures adopted by Brazil to promote aerospace exploration through its launch base located in Alcântara. It also highlights the importance of the executed agreements to the development of Brazil’s air space programme.

A new era in the Angolan mining landscape: the consequences of the recent split of the Angolan mining national concessionaire

After 2013, with the increase in shale oil production and the consequences of the commodities crisis, Angola entered into a significant crisis, its economy depending, at the time, on oil and gas production and 95 per cent of public revenues coming from the industry.

Rules governing India’s gig economy

As the gig economy booms, challenges regarding the status of gig workers emerge. In India, law makers recently proposed an employment law framework, the Social Security Code, 2020, which recognises ‘gig workers’ and ‘platform workers’ for the extension of social security benefits. This article discusses the emergence of the gig economy in India, the opportunities and problems encountered by its workers, the proposed regulatory framework and the authors’ thoughts in the context of India’s gig economy landscape.

Pharmaceutical advertising in Brazil: regulatory framework, social media and associated debates

The growing influence of social media marketing has reshaped how pharmaceutical products are promoted, challenging existing regulatory models. This article examines Brazil’s legal and regulatory framework for pharmaceutical advertising, highlighting how digital platforms and influencer culture circumvent traditional rules and increase the risks of misinformation and self-medication. It explores tensions between consumer rights, freedom of expression and public health protection by analysing Brazilian law, ANVISA’s Resolution No 96/2008 and recent judicial developments such as the ADI 7,788 case. Comparative perspectives from the United States and the European Union help contextualise Brazil’s precautionary approach to regulating pharmaceutical communication in the digital era.

Unforeseen circumstances and contract rebalancing

Surbtc, Cryptomkt and Orionx in the Chilean Antitrust court: questions from the Argentinian market

Three cases being handled by the Chilean Free Competition Defence Tribunal invite us in Argentina to review some antitrust concepts and to imagine how a similar situation would be handled at a local level.

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.

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.

Impact of the GDPR on Japanese Companies

This article summarises the impact of Regulation (EU) 2016/6791, the General Data Protection Regulation (GDPR) on Japanese companies from a practical perspective. The second section explains how companies reacted to the new legislation initially and after its 25 May 2018 enforcement date while the third section explains (1) the view that they take to determine the extraterritorial applicability of the GDPR and (2) a risk-based approach to compliance.

IBAHRI's torture-prevention work in Brazil

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

Balance in construction contracts – the case for two-sided certainty

Joao Ascensao’s article draws a line between the concepts of balanced risk allocation in contracts and balanced standard conditions of contract in the context of the construction industry.

Telemedicine and remote medical services

In Sweden, the Covid-19 pandemic has so far had a significant impact on the provision of Swedish healthcare. Reports are made of major increases in the use of telemedical services and doctors are seeing their patients remotely to a much greater extent than before – all for the purpose of limiting exposure and spread of the coronavirus. Virtual clinical trials are also emerging, enabling remote medical services not only in clinical practice but also in clinical research.

Construction project eschatology: sustainable project decommissioning

Gathering clouds over data centres

The US and China are building vast data centres, and middle powers like the UK have ambitious plans. But there are mounting concerns regarding environmental impact and a financial bubble.

Copyright for the internet age

New rules for copyright in the EU need to be enacted in national law of Member States by April 2021. Global Insight explains why these reforms are highly controversial and what their impact is likely to be.

Rethinking the Path to Digital Platform Regulation in Brazil: a Critical Appraisal of DMA-inspired Bill 2.768/22

Inspired by other initiatives of ex ante regulation in digital markets, the Brazilian Bill 2.768/22 targets digital service providers that control essential access to certain services. If the bill is approved by Congress, it will cover various digital platforms, such as social networks, messaging services and search engines, imposing obligations related to transparency, fair service provision, data handling and access for professional users. Enforcement mechanisms include fines, operational restrictions and the creation of the Digital Platforms Oversight Fund to support regulatory activities. This article critically examines Bill 2.768/22, comparing it to the European Union Digital Markets Act and similar statutory provisions from other jurisdictions, most notably Article 19a of the German Competition Act and the United Kingdom's recently approved Digital Markets, Competition and Consumers Act. The article highlights shortcomings of the Brazilian Bill under discussion that would need to be addressed in order to avoid potential negative impacts in innovation and other distortions in Brazilian digital markets.

Rule of law: Bolsonaro conviction signals Brazil’s democratic resilience

On 11 September Brazil’s Supreme Court convicted former president Jair Bolsonaro of plotting a coup, sentencing him to 27 years and three months in prison. After hearing more than 70 witnesses, the court found the former Brazilian leader and seven of his allies guilty on multiple counts of conspiring to overthrow the government in January 2023 after losing the 2022 election to Luiz Inácio Lula da Silva.

Law firms in the Middle East plunged into uncertainty by Iran war

Following attacks on Iran by the US and Israel, and Tehran’s retaliatory strikes against targets in neighbouring Gulf states, law firms in the Middle East have been plunged into survival mode. Since the beginning of what America has termed ‘Operation Epic Fury’, several prominent sites, including Dubai airport and the city’s financial centre, as well as key infrastructure in the UAE, Kuwait, and other countries across the region, have been hit either directly or by falling missile and drone debris.

Brazil: the need to set limitations on criminal liability of compliance officers

By João Augusto Prado da Silveira Gameiro. Brazil: the need to remove limitations on criminal liability of compliance officers - Criminal Law/Business Crime Committees

Artificial Intelligence and Arbitration: A US Perspective

As artificial intelligence (AI) continues to develop, complicated questions arise regarding the scope and role AI technologies play in legal practice. This article identifies and discusses challenges and opportunities that AI’s development pose to legal practice from a US perspective, focusing on AI’s applications to US dispute resolution generally, and to US arbitration in particular. It first discusses problems with defining AI, highlighting competing definitions that conceptualise AI from technical and social perspectives. It then discusses how AI tools currently influence, and will continue to influence, dispute resolution practice in the US. Next, it analyses key US legal considerations influencing how AI will be integrated into US dispute resolution systems, including trends such as how combining a developing technology with an evolving legal landscape is a recipe for uncertainty, and how the variety of relevant actors and sources of law in the US federal system generates complexity when adapting AI tools for use in arbitration. Additionally, it discusses how regulation does not happen in a vacuum, but is coloured by regulatory competition.

2nd IBA Virtual Entrepreneurship Conference: Innovation and entrepreneurship in the next normal

A virtual Conference presented by the IBA Closely Held and Growing Business Enterprises Committee, supported by the IBA European Regional Forum, IBA Latin American Regional Forum, IBA Women Lawyers’ Interest Group, IBA Corporate and M&A Committee, IBA Law Firm Management Committee, IBA Technology Committee and IBA Young Lawyers’ Committee.