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US Presidency: the ‘age of the downloadable gun’

Cody Wilson is no supporter of the Parkland student movement against guns. On the contrary, his avowed goal is to crush the teenagers’ dreams: ‘All this Parkland stuff, the students, all these dreams of “common-sense gun reforms”? No. The internet will serve guns.’

2022 IBA ICC Moot Court Competition won by The Honourable Society of King’s Inns

The Honourable Society of King’s Inns (Ireland) has been named winner of the 2022 International Bar Association (IBA) International Criminal Court (ICC) Moot Court Competition.

IBAHRI Director Baroness Helena Kennedy KC appointed to The Order of the Thistle by King Charles III

The Director of the IBAHRI, Baroness Helena Kennedy of the Shaws, KC, has been appointed Lady of the Most Ancient and Most Noble Order of the Thistle by King Charles III.

IBA’s Executive Director recognised for contribution to international criminal law with King’s Fellowship

The Executive director of the International Bar Association, Dr Mark Ellis, has been admitted as a Fellow to King's College London - one of the United Kingdom's oldest and most prestigious educational institutions.

The Current State of US Regulation of the Use of AI in Dispute Resolution

Since the release of Chat GPT in late 2022, the use of generative AI by attorneys has exploded in the United States. The two main drivers are: (1) the ease of access to and use of generative AI to seemingly do what heretofore required human capital; and (2) a relentless market pressure to perform legal work more efficiently. This article explores the current state of how courts and State Bars throughout the United States, along with ADR provider JAMS, are regulating the use of GenAI in the litigation context. It identifies emerging trends common to the approach taken by the federal judiciary and State Bars including limited use, transparency, proficiency, disclosure, human oversight and verification. Finally, it explains why it is unlikely, in contrast to the EU’s approach, that the US Congress will pass federal regulation limiting the use of AI by judges and arbitrators, and instead, leave such potential future AI regulation to the provenance of the States.

International Day in Support of Victims of Torture

In the run up to the International Day in Support of Victims of Torture on 26 June, the International Bar Association (IBA) has partnered with the United Nations Office of the High Commissioner for Human Rights (OHCHR) to raise awareness about the absolute prohibition of torture, the damaging repercussions of its practice on the rule of law, and the active role that the legal profession can have in preventing its use and recurrence.

When and how to pull levers: intent and enforceability of term sheet/letter of intent

When and how to pull levers: intent and enforceability of term sheet/letter of intent. Teresa Massaro, Christopher Scott, Luca CM Melchionna

Legal “existence” of an arbitration agreement: Constitution Benches of the Indian Supreme Court to revisit previous decisions on ‘group of companies’ doctrine and enforceability of unstamped agreements

Two issues of prime significance to the Indian arbitration regime have recently been referred by the Supreme Court of India (hereinafter “the Court”) to its Constitution Benches for resolution. In this article, the authors examine the underlying issues at stake and the legal context in which these questions assume significance.

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.

Testing the power of regulators in the age of tech

Last autumn, US antitrust agencies blocked a proposed deal between two major book publishers. Global Insight examines the case in the context of the activist approach being taken by regulators, especially towards Big Tech.

Covid tracing apps: a comparison of different approaches

As the global community struggled to contain the Covid-19 pandemic throughout 2020, various international governments incorporated new data-driven technologies within their suite of regulatory tools to reduce the spread of the coronavirus.

Russia’s invasion of Ukraine: elections wielded as weapon of war

Russians took to the polls from 9-11 September, marking the country’s first nationwide elections since it invaded Ukraine in February. Voting took place amidst an ongoing crackdown on civil society and freedom of speech that has intensified markedly since the war began.

Russia’s invasion of Ukraine: elections wielded as weapon of war

Russians took to the polls from 9-11 September, marking the country’s first nationwide elections since it invaded Ukraine in February. Voting took place amidst an ongoing crackdown on civil society and freedom of speech that has intensified markedly since the war began.

The impact of Covid-19 for data protection in Brazil: the perspective of Brazil’s supreme court

The fight against Covid-19 has prompted governments from around the world to adopt a series of measures, such as, the surveillance of citizens through smartphones both to identify and halt the proliferation of the disease and avoid overloading public health services. While this type of government surveillance is nothing new, debates about data protection have increased around the world. Despite numerous challenges regarding data protection in Brazil.

IBA and Office of the Prosecutor General of Ukraine announce signing of Memorandum of Understanding

The IBA has signed a Memorandum of Understanding with the Prosecutor General’s Office of Ukraine on cooperation to ensure accountability for war crimes and other international crimes including the crime of aggression, genocide and conflict-related sexual violence.

Practical aspects of the prosecution of IP

The Covid-19 pandemic has had a great impact not only on public health and the economy, but also in the context of the prosecution of intellectual property rights. The operation of several intellectual property offices has been affected, delaying and sometimes even interrupting prosecution proceedings. Intellectual property rights holders have had their rights affected in favour of the public interest (especially in the context of compulsory licensing of Covid-19-related technologies).

Protection of the rights of children in the case of the divorce and division of property of married parents in the Russian Federation

The rights and interests of minor children need special protection by the state because, due to their young age, they are not able to protect themselves independently. In particular, the issue of protecting the interests of children arises in the situation in which parents decide to terminate their marriage and divide the property they have acquired together.

Analysis of a resolution of the High Court of Justice of Valencia regarding the competence to grant interim measures in support of proceedings for the recognition of a foreign arbitral award

In international arbitration, it is not uncommon that the party which has prevailed in the proceedings needs to enforce the award in a jurisdiction other than that of the seat. In Spain, this requires proceedings to recognise the foreign arbitral award (following the provisions of the New York Convention) before it can be enforced. Thus the losing party may have time to take measures to frustrate or hinder the enforcement proceedings. In order to tackle this problem, it is possible to ask for interim measures that remain in place while the recognition proceedings are ongoing.

Cambodia: repression of journalists and activists deepens ahead of 2022 elections

In Cambodia, rights groups and legal monitors report a trend of worsening repression ahead of upcoming elections. In August, a high-profile union leader was convicted of inciting social unrest for criticising the placement of posts along the country’s border with Vietnam, with the Cambodian government claiming he spread false information.

IBA President Sternford Moyo receives Freedom of the City of London

In a ceremony dating back centuries, Sternford Moyo, President of the International Bar Association (IBA), has been bestowed with the Freedom of the City of London for his unswerving commitment to the rule of law and contributions to the international legal profession in general. Mr Moyo was formally admitted as...

The revaluation of alternative means of dispute resolution in the face of the imminent collapse of the Mexican courts

On 11 March 2020, the World Health Organization classified the disease caused by the new coronavirus as a pandemic. In Mexico, the General Health Council issued on 30 March 2020 a nationwide declaration of a health emergency by force majeure due to the epidemic of the disease (Covid-19) caused by the SARS-CoV2 virus, starting an economic paralysis that has affected all citizens socially and economically.

Highlights of the revised draft of the Company Law of China

On 24 December 2021, the revised draft of the Company Law of China was released to solicit public opinion following its deliberation. The revisions reflect the development of business environment improvement and property rights protection in China and include several remarkable changes to current legislation.

Itaewon, Sewol and the promise of ‘never again’: compliance, speaking up and complex remediation in the realm of public safety*

In the anti-corruption compliance field, when we conduct internal investigations and subsequent root cause analyses, we seek to identify each critical point of failure that led to the undesired or improper conduct. This article considers the Itaewon disaster and subsequent responses from this perspective.

IBAHRI marks 30th anniversary of UN Basic Principles on the Role of Lawyers

The International Bar Association’s Human Rights Institute (IBAHRI) has launched a number of initiatives to celebrate and support the 30th anniversary of the United Nations Basic Principles on the Role of Lawyers (UN Basic Principles) and the IBA Standards for the Independence of the Legal Profession (IBA Standards).

There and back again: the collapse of the rule of law in Afghanistan

After twenty years of brutal war and incremental change, the rule of the gun has again displaced the rule of law in Afghanistan under renewed Taliban control.

Italian Court of Cassation equates lack of appearance to waiver of arbitration clause

Rule of Law Symposium: Rule of Law in the time of Covid-19

Rule of Law Symposium: Rule of Law in the time of Covid-19

Court of Justice of the European Union protects rule of law in Poland

In early November, the Court of Justice of the European Union (CJEU) ruled that new laws lowering the retirement age of judges in Polish courts are unlawful. This is the latest in a series of cases addressing rule of law concerns in Poland and follow the landmark ruling in June in which the CJEU found that the lowering of the retirement age of Supreme Court justices was unlawful - understood to be the first ruling ever of a violation of judicial independence in the EU’s history.

IBAHRI reminds Morocco of obligation to investigate allegations of torture of jailed Sahrawi activists

News release: Tuesday 1 August 2017. As more than 20 Sahrawi activists have been jailed in Morocco amid claims that evidence in the trial was ostensibly obtained by torture, the International Bar Association’s Human Rights Institute (IBAHRI) reminds the country of its international commitment to investigate suspected incidents where severe pain has been inflicted on individuals to force them to ‘confess’ to and/or implicate others in illegal activity.

IBAHRI concerned by Nicaraguan President’s denial of gravity of Covid-19 and urges action

Open letter from IBAHRI calls on President Daniel Ortega to protect the rights of Nicaraguan citizens and uphold the rule of law during the pandemic.