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IBAHRI condemns harassment of Judge Tuleya and urges Poland to cease arbitrary proceedings against him

The International Bar Association’s Human Rights Institute (IBAHRI) is deeply alarmed by the removal of immunity from Judge Igor Tuleya by the Disciplinary Chamber of Poland’s Supreme Court on 18 November 2020 and condemns the action. The decision violates the international standards protecting and upholding the independence of the judiciary and constitutes judicial harassment.

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

Mediating Disputes Involving Chinese Parties

Mediation is on the rise internationally as a means to settle disputes in a cost-effective manner. Chinese parties appear to be increasingly interested in mediation as an option. This article examines the evolving landscape of mediation in China and internationally. It considers how mediation for Chinese parties is evolving and whether mediation is a good option for Chinese parties in cross-border disputes. Commercial mediation has seen remarkable growth, bolstered by a supportive PRC judicial system and legislative initiatives encouraging parties to find harmonious ways to resolve disputes. The article analyses the three primary types of mediation in China: people’s mediation, administrative mediation, and commercial mediation. It also looks at mediation rules and proceedings in common law jurisdictions, such as Hong Kong, Singapore, and the United States. The article anecdotally considers the cultural elements, emphasising the Chinese parties’ preference for evaluative mediation styles as a reflection of civil law. Through case studies of international disputes involving Chinese and US parties, the article illustrates the practical dynamics of mediation involving Chinese parties and underscores the importance of cultural sensitivity in international mediation. As Chinese parties continue to go global, mediation is emerging as an attractive option for efficient and cost-effective dispute resolution. This analysis assesses whether the promotion of mediation is yielding tangible outcomes and explores the future of mediation involving Chinese and foreign parties.

The Covid-19 pandemic and the institution of ‘change of circumstances’: a Portuguese overview

The crisis caused by the Covid-19 pandemic has renewed interest in the need for legal and contractual mechanisms that promote the adjustment of contracts in the event of unforeseeable and abnormal circumstances.

IBAHRI condemns conviction of Russian journalist and opposition activist Vladimir Kara-Murza

The IBAHRI condemns the conviction and 25-year prison sentence handed down to Russian journalist and opposition activist Vladimir Kara-Murza by the Moscow City Court on 17 April 2023.

Hungary’s ‘second return to Europe’ is a boost for EU project and Ukraine

Péter Magyar’s victory in the Hungarian elections in April, in which he ousted Prime Minister Viktor Orbán’s regime, is set to have swift and significant implications for the EU, Ukraine and Russia. Within the EU, it’s being seen as a significant boost to the European project. Within a week of Magyar’s party winning 141 out of 199 seats in the national parliamentary elections, officials from the European Commission visited Budapest for talks with the incoming Hungarian Prime Minister.

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.

Could we see another competition law tackle by the Court of Justice of the EU on football governing bodies?

An opinion, examining the compatibility of the FIFA transfer rules with EU competition rules, freedom of movement of workers and the Charter of Fundamental Rights, was handed down by Advocate General (AG) Maciej Szpunar of the CJEU on 30 April 2024. Whilst this is only the AG’s opinion and not yet the decision of the EU Court of Justice, we believe it is likely that the Court will follow the AG’s reasoning and conclusions.

Duty to warn in construction contracts

Feature: Bolsonaro conviction signals Brazil’s democratic resilience

With the former president of Brazil convicted of plotting a coup, Global Insight assesses the implications for the country’s democratic resilience ahead of its 2026 presidential election.

Ontario’s Immigrant Nominee Program

This article outlines the eligibility requirements and types of approvals made under Ontario’s Immigrant Nominee Program.

The implications of the UK Supreme Court decision in El Husseiny v Invest Bank PSC

This article discusses the recent UK Supreme Court judgment in El-Husseiny v Invest Bank PSC. This was a case in which the appellants sought to restrict the scope of section 423 of the Insolvency Act 1986 (a provision to protect creditors from transactions at an undervalue for the purposes of prejudicing creditors) by seeking a finding that it did not apply when a debtor caused their company to dispose of company assets. After providing some historical context, this article briefly summarises the reasoning of the Supreme Court before discussing some of the implications.

Criminal proceedings against companies in Switzerland: still no deferred prosecution agreement

Criminal proceedings against companies in Switzerland: still no deferred prosecution agreement

Legal implications of adopting Building Information Modelling (BIM) in EU public procurement

Hong Kong: Jimmy Lai conviction a symbol of the ‘crushing’ of democracy

The conviction of media magnate Jimmy Lai in Hong Kong under the jurisdiction’s National Security Law (NSL) is ‘a landmark case’ with significant implications.

IBAHRI concerned about the discrimination of Ahmadiyya lawyers in Pakistan

The International Bar Association’s Human Rights Institute (IBAHRI) is highly concerned about the recent news that lawyers belonging to the Ahmadiyya community in Pakistan – a numeric minority community in the country – are being required to renounce their religion as a prerequisite to practice law.

IBAHRI urges President Nayib Bukele not to disregard the rule of law in El Salvador amid Covid-19 pandemic

In an open letter to the President of El Salvador, Mr Nayib Bukele, the International Bar Association’s Human Rights Institute (IBAHRI) has called on him to take action to uphold the rule of law and respect fundamental human rights whilst measures are taken to prevent the spread of Covid-19.

President Recep Tayyip Erdogan urged to discontinue investigations into Turkish bar associations

The International Bar Association’s Human Rights Institute (IBAHRI), alongside other professional legal representative bodies, has issued an open letter to President Recep Tayyip Erdogan of Turkey urging him to discontinue criminal investigations into the Ankara Bar Association and the Diyarbakir Bar Association. The two organisations voiced concerns about comments made by Turkey’s Religious Affairs Directorate, Mr Ali Erbas, in a sermon on 24 April 2020, when he suggested that members of the LGBT community

Deep tensions in Saudi Royal Family

While Crown Prince Mohammed bin Salman has the unswerving support of the US administration, his reckless rule has provoked destabilising opposition closer to home.

Disability and the legal profession: a conversation with international lawyers with disabilities about creating a more inclusive

A webinar presented by the IBA's Human Rights Institute (IBAHRI), supported by the IBA Discrimination and Equality Law Committee and the IBA Employment Committee, 25 September 2020, 1600 – 1700 BST

Unparalleled Importing and Trademarks in Australia

In an attempt to make it easier to engage in parallel importing, the Australian Trade Marks Act has recently been amended by the insertion of a new section 122A. Essentially, new section 122A permits trademarked goods to be imported and sold where a reasonable person would conclude from reasonable inquiries made before the importation, or sale, that the trademark had been applied to the goods by, or with the consent of, the owner in Australia or some other person who had significant influence

Scott Pruitt versus the Environmental Protection Agency

IBA Global Insight, June/July 2018 - President Trump’s environmental chief appears to be battling his own agency. Global Insight assesses an internal struggle at the EPA that could have dire consequences for the fight against climate change.

Equitable Estoppel, Unconscionable Conduct, and the Contractual Default in Vendor Purchaser Agreements: A Comparative Approach of Common Law Courts in the UK and the US

There are different types of equitable estoppel under English law including promissory estoppel, estoppel by convention and proprietary estoppel. In this article the various types of estoppel under English law are considered and the doctrine of proprietary estoppel in the context of the creation of a trust is discussed. The English doctrine of equitable estoppel is compared to the principle of promissory estoppel in United States law, including the superimposition of the Statute of Frauds. Its protection of the principle of equitable estoppel has extended to the mixed jurisdiction of Louisiana which has adopted the civil law remedies which are equivalent and lead to similar outcomes.

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

The Municipal Tax Harmonisation Agreement in Venezuela and recent decisions of the Supreme Court

The purpose of this article is to provide an overview of the main aspects that served as a starting point for the ‘Municipal Tax Harmonisation Agreement’ in Venezuela, presented by the Vice President of the Economic Area with governors and mayors, in compliance with the mandate given to them by the Constitutional Chamber of the Supreme Court of Justice in judgment No 0078 dated 7 July 2020.

Transforming a Black Swan into a Phoenix: the British Virgin Islands’ Solution to Standalone Injunctive Relief

The freezing order, or Mareva injunction, is a powerful tool to combat fraud and dishonest conduct. Since its creation in 1975, the ownership of assets and wealth structuring has become increasingly complex. Rarely will the assets, the underlying cause of action, and the location of relevant individuals all be in the same jurisdiction. The complexities are usually magnified where fraud is involved. The courts must be equipped to respond effectively and swiftly to these scenarios. To its credit, the common law world has demonstrated a keen appetite to develop the jurisdiction of freezing orders to meet the increasing complexities of commerce, and in particular to combat the sophistication of international fraud and money laundering. It has been and continues to be fine-tuned to the demands of the day, whether through common law development or the adoption of statutory remedies. This article considers how the freezing order jurisdiction has evolved since 1975, significant developments in its evolution for both onshore and offshore jurisdictions, and hazards a look into the crystal ball of its future.

LGBTQIA+ rights in South Africa

The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.

The Non-Frustration Rule after Brexit

The United Kingdom exited the European Union on 31 January 2020. By virtue of this, the EU Takeover Directive ceased to apply in the UK, and thus there was a need to amend the existing regulatory framework on takeovers for it to operate after the UK’s exit from the EU. As a result, the Code Committee of the Takeover Panel published a Public Consultation Paper proposing amendments to the Takeover Code. A Response Statement was also published by the Code Committee with final proposed amendments. [...]

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

Brazil's fight against corruption

IBA Global Insight April/May 2016 - Amidst a major economic downturn and political crisis, a billion-dollar corruption scandal is edging towards its finale. Despite all the bad news, there are grounds for optimism.