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Enforceability of the AIA C195 indemnity provision under English law

The enforceability of the broad language of the AIA C195 indemnity provision to negligence of an indemnitee under English law has been criticised. English courts have long considered this indemnification as being inherently improbable to be agreed upon. Being guided by the Canada Steamship rule, English courts reject the enforceability of indemnification for an indemnitee’s own negligence in the absence of an express or equivalent word.

The Why and How of the New European Union Prospectus Regulation

The majority of the new European Union (EU) Prospectus Regulation will become applicable in July 2019. As part of the wider Capital Markets Union initiative, the new Prospectus Regulation aims to reduce costs for issuers in accessing European capital markets, facilitate cross-border investments in the EU and to build a framework resulting in EU-wide risk-sharing.

Online bets regime in Colombia

Online bets have become one of the most interesting and lucrative markets of the entertainment industry. Nevertheless, the private sector operation is highly regulated in Colombia.

Covid-19, Global Impact on Young Lawyers – Career & Practice, Challenges and Opportunities

The session will focus on the impact the Global pandemic has had on young lawyers globally, and will consider key challenges opportunities and developments faced by young lawyers. Discussion will broadly cover, career progression, career/practice development, employment opportunities and mobility and global connectivity.

Impact of the Covid-19 pandemic on real estate contracts: analyses of the Brazilian legal framework and case law

This article provides a brief summary regarding the legal framework and court decisions ongoing in Brazil due to the effects of Covid-19 on contracts and its recognition as an event of force majeure.

Bills of exchange in book-entry form: how the Brazilian Central Bank’s novel regulation will foster the Brazilian credit market

In line with a trend of dematerialisation of financial assets and securities within the Brazilian financial system, the Brazilian Central Bank has recently regulated the use of bills of exchange (duplicatas) in book-entry form by financial institutions. This article discusses the recent main innovations in this regard.

Integration of corporate social responsibility into corporate tax strategy

The existing Brazilian financial crisis, aggravated by Covid-19, presents an opportunity for business executives and corporate tax professionals to address tax strategy from a Corporate Social Responsibility lens.

Act No. 028/PR/2020 on the Code of Civil, Commercial and Social Proceedings and arbitration law in Chad: the chronicle of an ineffective legal reform

The introduction of new provisions in the Code of Civil, Commercial and Social Proceedings devoted to arbitration-related matters is an important step in implementing the Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA) arbitration law in Chad. However, this Code fails to address all aspects of arbitration-related matters. In particular, it fails to adequately distinguish between arbitration at the domestic and international levels. This article discusses this legal reform and makes proposals to restructure arbitration law in Chad to improve the attractiveness of the Chadian arbitration market.

Recent decisions of Chile’s Supreme Court: can contractors expect a more balanced approach?

Issue 13 – Friday 17 July 2020

This week’s Bulletin covers issues including the abuse of LGBTQI+ refugees, the impact of the virus on homeless people and an update on disability rights worldwide, including an EU resolution to protect the rights of those with intellectual disabilities during the pandemic.

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

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

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.

Why take chances? A deep dive into the regulatory, compliance and transactional complexities of acquiring a gambling business

Gambling M&As in North America and Europe today in the .com space often involve activities that are not legal in the sense that they are not specifically licensed or authorised by the relevant jurisdiction in which they operate, raising numerous challenges for lawyers. This panel at the IBA Annual Conference Toronto 2025 explored this subject.

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.

EU Draft Regulation for Regulating AI

The European Commission has taken a step forward in its strategy aimed at achieving a trustworthy artificial intelligence (AI) environment within the European Union (EU): on 21 April 2021, the European Commission published its proposed Regulation on Artificial Intelligence (draft Regulation). This article outlines this regulation, its requirements, penalties, data governance and future projections.

Shareholder rule abolished: implications for Cayman Islands merger appraisal proceedings and beyond

In a recent landmark judgment, the Privy Council has ruled that a long-established common law exception to legal advice privilege known as the ‘Shareholder Rule’ is abolished. The Shareholder Rule provided that a company could not withhold documents from its current or former shareholders in the course of litigation between those shareholders and the company on the ground of legal advice privilege. This article examines the implications of the Privy Council’s decision in the context of Cayman Islands merger appraisal proceedings, and more generally.

The European Commission took the wrong path in its quest to find its ‘holy grail’ merger control threshold (the CJEU’s Illumina/GRAIL Judgment)

The Illumina/GRAIL Judgment blocks the European Commission’s (the ‘Commission’s) attempt to create a new power under the European Union merger law (EUMR) to de facto call-in and review any transaction it considers potentially problematic. A power that was not based on any specific provision of the EUMR but on the Commission incentivising referrals from EU Member States on the basis of Article 22 of the EUMR, regardless of the solicited Member State(s) being competent to review the transaction under their national law. The Court of Justice of the European Union (CJEU) decided to block the Commission’s creation of such quasi-unlimited review discretion after an extensive review of the EU Merger Regulations’ travaux préparatoires, which clearly showed that legal certainty was one of the key objectives that the EU legislature sought to achieve through the adoption of the EU Merger Regulations, among others, by designing the EU Merger Regulations around a jurisdictional test based on objective, clear and predictable bright-line turnover thresholds.

Electric power grids – how to achieve reliability, resilience and security with a growing share of intermittent sources. Are smart grids and BESS the solution?

Brazil’s energy sector is undergoing a rapid transformation, driven by the increasing integration of solar and wind power. While these sources offer environmental and strategic benefits, their intermittent nature poses significant challenges for grid stability. As the National Interconnected System struggles with technical and regulatory deficiencies, technological solutions such as smart grids and battery energy storage systems (BESS) become crucial to ensure reliability, flexibility and energy security. Swift regulatory action will be essential for the integration of smart grids and BESS, and, by extension, for the success of Brazil’s energy transition.

Domain names- still a (very) appreciated digital asset

It has been more than 20 years since companies, organisations and individuals began to build their digital identities around a domain name. That made sense in the late 1990s, when domain names were the natural extension of well-established brands and search engines and other digital tools were not as developed as they are now.

Is it time to end the Brazilian ban on multi-voting shares?

By Bruno Robert and Lucas Carneiro Gorgulho Mendes Barros. Is it time to end the Brazilian ban on multi-voting shares? - Securities Law Committee newsletter article, March 2020.

Case Comment: European Commission Fines Guess Over Anti-Competitive Agreements to Block Cross-Border Sales (Case AT.40428–Guess)

On 17 December 2018, the European Commission (the ‘Commission’) fined clothing company Guess €39.8m for practices that were held to constitute a single and continuous infringement of Article 101 of the Treaty of the Functioning of the European Union and of Article 53 of the Agreement of the European Economic Area. Its investigation into Guess was initiated on the back of the e-commerce sector inquiry and reflects the Commission’s resolve to step up enforcement activities in support of the digital single ma

The impact of armed conflicts on commercial disputes: recent developments in France

Armed conflicts generate numerous unforeseen direct and indirect consequences, such as the surge in energy prices. Such consequences disrupt the performance of commercial contracts, for instance by making it excessively onerous for one party. The recent reform of French contract law added two mechanisms to the French Civil Code which may prove relevant in such a context. Their use is however strictly framed by French courts.

Not the dawn of a new age: the EU Commission’s competition policy review

On 18 November 2021, the European Commission adopted a communication with a promising title: ‘A competition policy fit for new challenges’. The document covers all pillars of EU competition enforcement: antitrust law, merger control and state aid law. It also addresses new issues, such as the Digital Markets Act and the fight against third-country subsidies. However, although the Commission announced ‘a review of competition policy tools with unprecedented scope and ambition’, the 20-page paper does not reveal any ground-breaking new policies. Antitrust practitioners looking for a revolution might therefore be disappointed.

United States extraterritoriality: European Union sovereignty at stake

This article discusses the extraterritorial laws applied by the United States, and the European Union’s response to these laws, since the 1990s. The stakes of this dynamic are high, as extraterritorial laws put in question states’ sovereignty. The evolution of these relations is to be closely watched, as the European Union and its Member States are finding diversified and innovative ways to reaffirm their sovereignty in the face of US extraterritorial laws, even if it is has been with limited success.

Mind the third party in the gap: breach of contract, third-party liability - Litigation Committee newsletter article, April 2020

Mind the third party in the gap: breach of contract, third-party liability - Litigation Committee newsletter article, April 2020

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

Governance in the Digital Economy: the Challenge of Governing Algorithms

The ‘Fourth Industrial Revolution’, as coined by Klaus Schwab, creates new governance challenges. We are immersed in a digital transformation triggered by the exponential effect of emerging technologies that are changing the world: changing the way we communicate, socialise, entertain, work, produce, and provide services. Among the exponential technologies, AI (which can be defined as a collection of technologies that combines data, algorithms, and computing power) is one of the most important applications of the data economy.

Three stress tests for the future of European antitrust policy

European antitrust policy faces three critical stress tests as the new European Commission (2024–29) takes office. The first test challenges the EU’s Article 22 referral policy, which allows the Commission to review global mergers, raising concerns about extraterritoriality and legal principles. Predicted to fail, this test questions the Brussels Effect’s sustainability. The second test examines the Digital Markets Act’s (DMA) aim for regulatory dialogue over litigation in digital competition. Early investigations against major tech firms suggest a litigation-driven enforcement, risking the DMA’s intended regulatory approach. The third test evaluates artificial intelligence (AI) regulation, balancing competition and innovation. Success is possible if the EU adopts a practical, rational approach, recognising AI’s complex layers and promoting competition across the entire AI infrastructure. These stress tests present significant challenges and necessitate strategic responses to ensure robust and effective antitrust policies in Europe.

The new IBA EU Judicial Cooperation Subcommittee – first year in review and plans ahead

The IBA Litigation Committee's EU Judicial Cooperation Subcommittee, established in 2025, aims to promote the resolution of cross-border disputes within the European Union. Our main focus is on facilitating the exchange of ideas on legal and practical issues that arise when litigating in an EU-wide context. The subcommittee thus covers a range of topics, including jurisdictional issues, service of documents, taking of evidence, and enforcement of judgments, to name but a few.