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Time up for old boys’ club?

IBA Global Insight April/May 2018 - Bullying and intimidation occur at ‘alarming levels’ in commercial law firms and diversity policies ‘have been found to be wanting’. Global Insight assesses why there is still so little progress.

Portugal’s trajectory towards an exclusive club of space forward European nations

This article provides insights into the main characteristics and recent developments that will enable Portugal to become a key player in the global outer space economy and enhance Europe’s role in this context.

Australia’s draft News Media Bargaining Code

Amid the tensions between leading digital platforms and traditional news businesses, the Australian government has produced a novel proposal to use competition law to require designated digital platforms – initially Google and Facebook – to compensate news media businesses for news content. This article explains the origins of the proposed News Media Bargaining Code and developments after the proposal, including reactions from digital platforms.

Indonesia: New penal code threatens human rights

After decades of debate, the Indonesian government announced a finalised version of its new criminal code at the end of 2022. Critics say it diminishes human rights and is representative of a broader trend of suppression taking place across Southeast Asia.

Contract termination in the Civil Code - CWG

On 28 May 2020, the National People’s Congress of the People’s Republic of China approved The Civil Code of the People’s Republic of China (Civil Code). The Civil Code will come into force on 1 January 2021.

Business and human rights under India’s new labour codes

This article explores whether new Indian labour codes have any meaningful impact on human rights and protections of workers. The authors assess the treatment of key business and human rights (BHR) components under the codes, as well as their success in narrowing the gap between corporate governance and business human rights strategy.

How China's first-ever civil code protects personal information

China’s legislature finally completed the enormous and arduous project of enacting the first comprehensive codification of its civil laws this year. Promulgated in the age of data, the Civil Code not only covers the traditional aspects of civil law but privacy and personal information.

IBA Annual Conference registration criteria and code of conduct

Code Blue: the constitutional model in Pakistan calls for CPR

Code Blue: the constitutional model in Pakistan calls for CPR

The new Portuguese Banking Activity Code: a revolution in the making?

Important changes are expected this year in Portugal with the anticipated approval of the Banking Activity Code, which shall replace the ‘old’ general regime of credit institutions and financial companies and several other legal instruments and shall consolidate in a single legal instrument the banking activity framework and bring Portuguese banking legislation up to speed with the most recent EU developments.

Insolvency Code amendments and BITs: A possible recourse for foreign creditors

The COVID-19 pandemic has drastically altered the dynamics of the Indian economy. Indian businesses are struggling to keep up with the demand deficit in the market. In this backdrop, the government announced a series of amendments to the Insolvency and Bankruptcy Code 2016 (the ‘Code’). The primary objective of these amendments is to safeguard Indian businesses from being pushed into insolvency proceedings in this volatile environment.

Rules on contract validity under the People’s Republic of China Civil Code

The Civil Code of the People’s Republic of China took effect on 1 January 2021. It consolidates a number of civil laws, including the general principles of civil law, property law, contract law, guarantee law, family law, succession law, tort law and specific clauses in the judicial interpretations of the Supreme Court of the People’s Republic of China.

China’s Civil Code and the fast-evolving personal information protection regime - CWG

China’s Civil Code and the fast-evolving personal information protection regime- July 2020

Perspectives on the reform proposed to the Brazilian Civil Code for corporate law

In 2025, the Brazilian Congress initiated formal discussions on a bill to substantially amend the Brazilian Civil Code. Among the various topics under consideration are significant changes to Brazilian corporate law. This article provides an overview of the proposed modifications, with a particular focus on their potential impact on foreign companies seeking to invest in Brazil.

Bill to a new commercial code aims to regulate maritime law in Brazil

The Brazilian Commercial Code (the 'Code') currently in force dates back to 1850. It is one of the only laws of the time of the Brazilian Empire that is still in force in the Brazilian legal framework. Its creation began in the early 19th century, after the arrival of the Portuguese royal family in Brazil, which led to the opening of Brazilian ports to friendly nations and growth in commerce, followed by the declaration of independence in 1822.

IBAHRI voices deep concern over planned amendment to Iran’s Code of Criminal Procedure

In an open letter to His Excellency Ayatollah Ali Hosseini Khamenei, Supreme Leader of the Islamic Republic of Iran, the International Bar Association’s Human Rights Institute (IBAHRI) expresses deep concern over a proposed amendment to Iran’s Code of Criminal Procedure that will allow judicial authorities to deny some detainees access to counsel for a period of 20 days.

China’s newly adopted Civil Code provides a better fit for the construction industry

The Civil Code of the People’s Republic of China came into force at the start of 2021. This is a milestone for the development of the legal system in China. The Civil Code has been praised for its scientism and systematism in terms of legislative techniques and is expected to decrease disagreements among separate laws, regulations and judicial interpretations in the civil field and aims to meet the demands of a continually evolving society and economy.

The Indian insolvency regime: recent amendments under the Insolvency and Bankruptcy Code 2016

The article aims to collate and provide a broad view on the recent amendments to the Insolvency and Bankruptcy Code 2016

International firms rush for local licences as Saudi Arabia amends Code of Law Practice

Numerous foreign law firms are attempting to set up offices in Saudi Arabia following changes to the country’s Code of Law Practice, which mean that being affiliated with a local firm is no longer sufficient.

All That Glitters Is Not Gold: The Otiose Existence of the Indian Stewardship Codes

Hot on the heels of the ‘corporate purpose’ and environmental, social and governance (ESG) debates, investor stewardship is the latest buzzword in comparative corporate governance. What started as a domestic regulatory initiative in the United Kingdom in 2010 morphed into a global phenomenon and eventually reached Indian shores. A stewardship code is essentially a principles-based framework, which aids institutional investors in fulfilling their responsibilities, in terms of protecting and enhancing the value of their clients. A corollary of this, meaningful implementation of the stewardship principles also improves the corporate governance practices of the investee companies – institutional investors are required to actively engage as ‘stewards’ in the corporate governance of their portfolio companies. The Insurance Regulatory and Development Authority of India (IRDAI) floated its stewardship code in 2017 (and revised in 2020) and the Pension Fund Regulatory and Development Authority (PFRDA) followed suit in 2018. Most recently, the stewardship code of the Securities and Exchange Board of India (SEBI) (India’s capital markets regulator) was implemented in July 2020 and the SEBI, through a separate circular dated 5 March 2021, also mandated mutual funds to vote on all resolutions from 1 April 2022 (collectively, the IRDAI, PFRDA and SEBI stewardship codes are referred to as ‘the Indian stewardship codes’). Today, UK-style stewardship codes have been exported to over 20 jurisdictions, and the Indian stewardship codes resonate with the global stewardship movement and the drive towards corporate sustainability and engagement on ESG-related issues. However, while the Indian stewardship codes have made a laudatory start, there is significant scope for improvement, in light of developments in the global stewardship movement. One significant reason why improvements are necessitated is the modelling of the Indian stewardship codes along the lines of the UK code. This modelling has overlooked the differences in cross-jurisdictional shareholding patterns and consequently limited its success – the article explores the structural weaknesses flowing from the transplantation of the UK code to India (a country with a concentrated shareholding pattern).

What you need to know about the new Irish Code of Practice for Revenue Compliance Interventions

A new Code of Practice for Revenue Compliance Interventions (the 'Code') was recently published in Ireland. From 1 May 2022, the Code will significantly change interactions between the Revenue Commissioners and taxpayers. 'Aspect queries' are no longer part of the compliance intervention framework and have been replaced and modified by the new concept of a 'risk review'. This is significant as it impacts a taxpayer's ability to make an 'unprompted' voluntary disclosure. In certain cases, this will increase the level of penalties applicable to an undeclared tax liability.

Multinational LATAM companies in distress: Chapter 11 or Chapter 15 of US Bankruptcy Code – opportunities and pitfalls

Report on the session of the Insolvency Section of the Latin American Regional Forum at the IBA Annual Conference in Miami

Amendment to the Thai Civil and Commercial Code: mergers as new alternatives to M&A transactions in Thailand

Changes are expected in M&A transactions in Thailand once mergers are legally recognised under Thai law. This article details those changes.

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.

The Power of Arbitrators to Remove Counsel – One Step Too Far?

This article discusses the power of arbitral tribunals to remove legal counsel from arbitration proceedings under two scenarios: conflicts of interest and counsel misconduct. Many leading arbitration institutions have amended their arbitration rules to explicitly grant arbitral tribunals authority to remove counsel based on conflicts of interest. Investment arbitration tribunals have also established that tribunals possess this authority when conflicts arise between counsel and the tribunal or opposing parties. In the case of counsel misconduct, apart from the London Court of International Arbitration (LCIA) Rules and the International Bar Association (IBA) Guidelines on Party Representation in International Arbitration, the current arbitration rules of the major institutions do not expressly empower a tribunal to sanction, let alone remove, counsel based on misconduct. Although there is growing demand for institutions to adopt rules regulating counsel misconduct, criticisms exist, raising the question of whether this is one step too far.

‘Lawfare against justice’

The war in Ukraine has brought an awareness of the extremely dire consequences of corruption. Global Insight examines the dangers of leaving legal systems open to abuse by the rich and powerful

Issue 4 – Friday 15 May 2020

The latest issue of the IBAHRI Covid-19 Human Rights Monitor delves into global problems including the ongoing lack of support for those with mental health conditions during the crisis, the devastating effects of border closures on asylum seekers and discrimination against members of the LGBTQI+ community.

Credit risk transfer in Brazil: bridging the gap in regard to synthetic instruments

This article reviews the alternatives for banks in Brazil to transfer credit risk from their portfolios, including the existing shortcomings and the road ahead to the wider adoption of synthetic transfer structures.

Settlement of Mass Consumer Class Actions in Canada: An Analysis of Developments, Trends and Challenges

Since the introduction of the legislative regime for class actions in Canada, there has been a growing number, size and scope of legal claims being litigated as class proceedings in Canada, including mass consumer class actions. As most class actions settle before proceeding to trial, and the court must approve any class action settlement, this has led to increased judicial scrutiny of class action settlements, and a growing body of case law in Canada analysing what a class action settlement that is fair, reasonable and in the best interest of the class members looks like, particularly in the unique context of a mass consumer class action. In this article, we provide an in-depth review of the law in Canada concerning the settlement of mass consumer class actions, outline the observed trend of increased judicial scrutiny over mass consumer class action settlements and ultimately conclude that the question of whether a settlement is fair, reasonable and in the best interest of the class can be a challenging question to answer in mass consumer class actions, given the unique features of these types of claims.

The importance of the ‘S’ in ESG

While historically it may have been difficult to define the social element of environment, social and governance (ESG), the World Benchmarking Alliance’s Social Benchmark may offer a starting point for companies and their in-house legal teams. In-House Perspective asks how organisations can meaningfully address the ‘S’ in ESG.