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The endangered lawyer and the cost of independence

The IBA’s Annual Conference was fortuitous timing, coinciding with the anniversary of Mexican Independence and the inauguration of Mexico’s first female president, Claudia Sheinbaum, the following month. Mexico was a brilliant choice for the event, a true feast for the senses. This article provides an account of events at the Conference.

IBAHRI signs open letter condemning imposition of national security law in Hong Kong

The International Bar Association’s Human Rights Institute (IBHARI) has joined 85 other organisations in signing an open letter expressing grave concern about the decision of China’s National People’s Congress to impose national security legislation on Hong Kong.

Interview with Jacques Steenbergen, President of the Belgian Competition Authority

An interview with Jacques Steenbergen, President of the Belgian Competition Authority, by Michael Reynolds. The interview was conducted at the IBA 25th Annual Competition Conference in Florence, Italy, in September 2021.

Covid-19 implications: the EU initiatives in support of the aviation sector

Covid-19 implications: the EU initiatives in support of the aviation sector

Interview with Andrea Coscelli CBE, former CEO of the Competition and Markets Authority

In this interview, Andrea Coscelli CBE, former Chief Executive Officer (CEO) of the Competition Markets Authority (CMA) from 2016 until 2022, offers insight into the challenges he and the CMA faced, particularly following the 2016 Brexit referendum, in which the UK voted to leave the European Union. The interview also discusses how the CMA is protected from political interference, before Andrea delves into the difficult decisions he faced as CEO, and what he might do differently if he had the opportunity. The discussion considers the CMA’s portrayal as an aggressive enforcer and the emulation of the CMA in market investigations.

Untangling the nonimmigrant visa backlogs from the pandemic

Endless government closures and backlogs have severely affected the issuing of US visas worldwide. Improvements and additional resources are in progress, and applicants are seeing appointments with manageable dates as nations continue to emerge from the Covid-19 pandemic.

The upcoming regime for marketing foreign funds to retail investors in the UK

Twin pressures – the need to recognise EU funds and the pressure to be open to international investment – have led the UK post-Brexit to the conclusion that the current regime for recognising non-UK funds for sale to UK retail investors is inadequate. The solution is the creation of a new overseas funds regime that is streamlined and yet provides for the UK’s Financial Conduct Authority to have sufficient scrutiny of fund applications. More contentious in the new regime is the political 'overlay' that gives the UK's political authorities wide discretion to decide on country and fund type regulatory equivalence.

Desperate times require desperate measures: implications of Covid-19 on aviation law

Desperate times require desperate measures: implications of Covid-19 on aviation law

Embracing the hybrid-working model: an overview of what’s next in Italy

Hybrid working will remain post-pandemic: the related digitisation of work has created increasingly unclear boundaries between work and private life, causing a potentially a negative impact on workers’ physical and mental health, as well as their safety at work. The right to disconnect will assume a fundamental role in the protection of workers. Well in advance of the pandemic, Italy adopted a specific provision on hybrid working in both the privuate and public sectors, including on the right to disconnect. This article aims to illustrate the Italian legislative framework in this respect.

Profile – Jelena Madir, General Counsel at Gavi

Jelena Madir had an impressive career trajectory as a banking and finance lawyer. As the General Counsel at Gavi – a vaccine alliance which aims to boost access to immunisation in developing countries – she tells In-House Perspective about how the pandemic transformed her role and her determination to end vaccine inequity.

Opening speech: Michel Barnier

Michel Barnier, former Brexit Negotiator for the EU, addressed the opening ceremony of the IBA Annual Conference with a speech drawing upon his unwavering confidence in the strength of a united Europe.

Construction Law International – December 2021 – Country Updates: UK

Shifting tides of China’s merger control regime: the role of national and industrial policy in merger reviews and remedy design

China’s merger control regime is undergoing significant transformation, with the State Administration for Market Regulation (SAMR) increasingly aligning enforcement with national and industrial policy objectives. Recent reforms have streamlined procedures, while proactive reviews, tailored remedies and heightened scrutiny of strategic sectors, are creating challenges and opportunities deal parties and industry players. Through case studies and global comparisons, this article examines how China’s approach is evolving, offering commentary for dealmakers and policymakers navigating the country’s competition law framework.

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.

IBA 2023 Annual Conference – Invitation to Organise a General Interest Session

The IBA Annual Conference is the premier conference for legal professionals worldwide to meet, share knowledge, network, build contacts and develop business.

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.

From the Chair, Aviation Law Committee

An introduction from the new Chair of the IBA Aviation Law Committee, Serap Zuvin, including a run-down of the Committee’s plans for 2021.

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.

The axiom of impartiality: Halliburton v Chubb

The UK Supreme Court’s much-anticipated judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) (Respondent) [2020] UKSC 48 (on appeal from [2018] EWCA Civ 817) opens with the recognition of an axiom which goes to the heart of justice: “‘it is axiomatic that a judge or an arbitrator must be impartial; he or she must not be biased in favour of or against any party in a litigation or reference.

English Court of Appeal rules that Privinvest can go to arbitration over ‘hidden debt scandal’ bribery allegations: clarifies test for stay of proceedings for arbitration

The Court of Appeal, in favour of five companies within the Privinvest Group and against the Republic of Mozambique, has overturned the decision of the Commercial Court in the litigation arising out the ‘hidden debt’ scandal. It ruled that, where parties have entered into an arbitration agreement, their disputes falling within the arbitration agreement should not be decided in the courts, regardless of nature and including connected allegations of bribery. The decision is important to advisers and companies involved in international arbitration and litigation

Uruguay – Covid-19 vaccination: some constitutional and employment law issues

With a population of more than 3.4 million people, Uruguay is a special case study in its fight against Covid-19. The Government never shut down the country, and instead promoted ‘responsible freedom’. It also actively promoted vaccination among all nationals, but never proposed it as mandatory. As the fight to control this worldwide pandemic continues, this brings interesting questions: can the government force people to be immunised to keep the population safe? Is it constitutional to establish a priority order of who should be vaccinated? Can employers demand employees are vaccinated to keep them safe?

Keynote address: Rosalie Silberman Abella

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 IBA Young Lawyers’ Committee’s Training Series: Session six, ‘A quick guide of international arbitration in the Asia Pacific Region’

Summary of the sixth session of ‘The fundamentals of international legal business practice: global trends in changing times’, a virtual eight-part training series presented by the China Working Group (CWG) of the IBA Asia Pacific Regional Forum (APF) and IBA Young Lawyers’ Committee (YLC), 27 July 2021.

In memoriam: Sternford Moyo

Few individuals have made an impression on the IBA and the legal profession quite like Sternford Moyo, former IBA President (2021–2022), who passed away on 5 July.

Covid-19: the outlook from a German legal perspective - Maritime and Transport Law Committee, July 2020

By Jan Dreyer and Sybille Rexer. Covid-19: the outlook from a German legal perspective - Maritime and Transport Law Committee, July 2020

Challenges and opportunities in applying EU competition law to the maritime industry

This article examines the intersection of EU competition law and maritime law with a focus on shipping alliances. It outlines many instances of shipping alliances that the European Commission has looked into for possible violations of EU competition legislation as well as the serious repercussions of such violations in the shipping sector.

Diversity series: Tackling impostor syndrome

The US Supreme Court justice, Ruth Bader Ginsburg, who died on 18 September, was an outspoken advocate of gender equality, equality more generally and the rule of law. She was appointed by Bill Clinton in 1993, the second of only four women to have served on the US Supreme Court. The film On the Basis of Sex is a legal drama based on her early life.

Alessandra Nascimento Silva e Figueiredo Mourão talks to the IBA

The International Bar Association (IBA) Legal Policy & Research Unit (LPRU) has released the next episode in its Inspirational Legal Women podcast. It features Alessandra Nascimento Silva e Figueiredo Mourão, founding partner of Nascimento e Mourão Advogados in São Paulo, Brazil.

Law reform: UK divorce regime ‘very troubling’ and lagging behind many jurisdictions

A controversial ruling by the UK Supreme Court that a woman must remain in an unhappy marriage until 2020 has sparked fresh calls for divorce law to be reformed. The case has highlighted the extent to which the UK is out of step with many other jurisdictions.