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Deposit of money as an interim measure in aid of arbitration

Indian courts have adopted a novel and commercially pragmatic approach in ordering recalcitrant debtors to deposit money as security in aid of a claim in arbitration where there are clear admissions of liability or their defence is moonshine.

The new Portuguese regulation on mineral deposits

This article addresses the entry into force of Decree Law No 30/2021, of 7 May, proceeding with the regulation of Law 54/2015, of 22 June, which establishes the legal framework on mining activities in Portugal, including prospecting, exploration and exploitation of geological resources.

LGBTI rights in the Philippines are in limbo

By Lloyd Nicholas Vergara. LGBTI Rights in the Philippines are in Limbo.

The SAFE as a new seed financing instrument in the Austrian startup landscape

Commonly, simple agreements for future equity (SAFEs) are based on post-money valuation. Since their introduction, the SAFE has been used by many startups, particularly in the US. In Austria, using SAFEs as an instrument for early-stage financing is still quite novel. Therefore, the Austrian startup-finance ecosystem does not yet have standard form documents.

The essential role of evolving technologies in securing a safe and sustainable food supply

Emerging tools enabled by nanotechnology, synthetic biology, and other innovative technologies are today increasingly supplementing the ploughs and tractors so emblematic of the agricultural community of the past. These precision farming tools are ensuring a sustainable food supply otherwise threatened by climate change and population growth, among other global challenges, while diminishing worldwide greenhouse gas emissions.

Philippine lawyers at risk in President Duterte’s ‘war on drugs’

When Gil Aquino, a human rights lawyer in the Philippines, goes to court, it is no longer safe for him to go alone or travel in his own car. While on the road, his office tells him to be extra vigilant of his surroundings. These conditions – akin to life in a conflict zone – are a daily reality for many human rights defenders in the country, since President Rodrigo Duterte called for the shooting of those ‘obstructing justice’

Fair Trial Day highlights threats to legal profession in the Philippines

Many commentators say the situation in respect of human rights in the Philippines remains precarious - and lawyers are among those under attack.

SAFEs as (New) Financing Instruments

Simple agreements for future equity (SAFEs) are financing instruments that may be used to raise capital in seed financing rounds. Generally, such financing instruments are viewed as a more founder-friendly alternative to convertible notes on an international level. A SAFE is an investment agreement that gives the investor the right to receive equity of the company under certain circumstances. In 2013, the American startup accelerator Y Combinator introduced the first SAFE, which was based on a pre-money valuation. However, in 2018, Y Combinator amended the form of the SAFE to be based on a post-money valuation. SAFEs or SAFE-like instruments are used in many jurisdictions, such as Austria, Germany, Italy, Norway, Sweden and the United Kingdom. However, this article describes the most relevant aspects of SAFEs from a United States, UK, Austrian and Swedish law perspective. Further, it elaborates on the most frequently used types of seed financing instruments as an alternative to SAFEs in the relevant jurisdictions, including convertible notes (also referred to as convertible promissory notes or convertible loans).

Progression in Philippine maritime law: opening the gates via the Amended Public Service Act

The Philippines has made repeated moves to open up its economy and liberalise industries in the name of development and foreign investments. Thus, the Public Service Act has finally been amended. This is the breakthrough that supposedly a lot of industries have been waiting for, the shipping industry included. This article aims to give a glimpse into what may lie ahead for shipping and its related businesses.

The impact of the Covid-19 pandemic on copyright registration and the entertainment sector in the Philippines

The Philippines’ entertainment sector has, without doubt, been heavily hit by the outbreak of Covid-19, as the government’s imposed community quarantine measures have forced many sector stakeholders to suspend their business operations or, in the worst cases, close down. As the gradual reopening of the economy brings hope to the entertainment sector, its relevant stakeholders must remember that they cannot operate in the same way that they did before. They must now ensure compliance with the guidelines iss

Supreme Court of Philippines appoints IBAHRI as Amicus Curiae in Maria Ressa’s cyber libel case

The Supreme Court of the Philippines has recently accepted the amicus curiae motion filed by the IBAHRI in July 2023 in the case of People of the Philippines v Maria Ressa and Reynaldo Santos Jr.

IBAHRI highlights attacks against lawyers in China, Philippines, Saudi Arabia and China at Human Rights Council

On 1 July 2019, the IBAHRI, Lawyers’ Rights Watch Canada and Lawyers for Lawyers delivered an oral statement during the 41st UN Human Rights Council session concerning attacks against lawyers in China, Philippines, Saudi Arabia and Turkey. The statement urged the Council to insist that these States halt the violations and uphold human rights or face suspension from membership. It also called for the establishment of an independent investigation into human rights violations in the Philippines.

Is it safe for construction sites to stay open?

When everything is going online and staff are being asked to work from home, one can still hear construction activities going ahead in several sites in central London and beyond. This article aims to explore the arguments for and against keeping construction sites open during the London lockdown due to the Covid-19 pandemic. If a second wave of the virus eventuates, we may need to address these difficult questions again.

Report on Providing Safe Refuge to Journalists at Risk

The Third Report by the High Level Panel of Legal Experts on Media Freedom

UK LLPs in Europe eye disruption in face of no-deal Brexit

A United Kingdom parliamentary committee has warned that the country’s lawyers ‘may become unable to operate in the EU’ under UK-specific limited liability partnership (LLP) structures if a Brexit agreement with the European Union is not reached.

LGPD development in Brazil: ANPD Resolution No 15/24

The Brazilian General Data Protection Law (LGPD) represents a significant milestone for data protection in Brazil, aligning itself with international standards and providing a solid legal framework for the privacy of personal data. As a part of this process, Resolution CD-ANPD No 15, of 24 April 2024, has emerged as a crucial regulation that establishes the procedures for reporting security incidents. This article will analyse the main aspects of this resolution, assessing its strengths, limitations, impacts and suggesting possible improvements.

CJEU ruling on ‘safe’ countries offers crucial legal protection to migrants

A recent judgment from the Court of Justice of the European Union (CJEU) on Italy’s plan to process asylum applications offshore has provided migrants with crucial legal protection.

IBAHRI launches Black Robes, Red Targets: a report and film spotlighting extrajudicial killings of legal professionals in the Philippines

A disturbing pattern of extrajudicial killings, harassment and systematic human rights violations targeting legal professionals in the Philippines has been revealed in a new report, Black Robes, Red Targets (the Report), published by the Caravana Filipina – an international fact-finding mission….

No 1,067: the long wait for asylum in the United States

When Kirenia Navas Rodríguez fled political persecution in Cuba, her year-long journey saw her cross 11 countries, taking enormous risks. Now, at the US–Mexico border, she is confronted with the Trump administration’s asylum policy.

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

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

When Seeing Is No Longer Believing: Evidentiary Challenges of Deepfakes in Arbitration

This article examines how deepfakes – AI-generated or manipulated audio, image, and video – destabilise evidentiary assessment in arbitration. Beyond the risk of convincingly falsified exhibits, deepfakes fuel the ‘liar’s dividend,’ whereby the mere possibility of manipulation is invoked to discredit authentic proof. Detection remains technically challenging, costly, and unevenly accessible – especially for mid- and small-value cases. Drawing on recent litigation experience, the EU AI Act’s transparency framework, and broader evidentiary principles, the article highlights how these difficulties risk undermining fairness, efficiency, and equality of arms. After a brief technical primer on deepfakes and their detection limits, the discussion distills lessons from court cases (including the emergence of the ‘deepfake defence’) and evaluates arbitration’s current evidentiary toolbox, highlighting risks of chilling effects and cost inflation if authenticity burdens are misplaced. While arbitration is not without safeguards – party autonomy, due process, procedural loyalty, ethical duties, and soft-law instruments – the article questions whether these tools are sufficient in practice. The contribution is ultimately pragmatic: safeguard fair and efficient truth-finding by reinforcing proportional verification, targeted expert input, and principled tribunal case management – so that access to justice is preserved when seeing is no longer believing.

New frontiers for Philippine criminal litigation

With the onset of the Covid-19 pandemic, the Philippine Supreme Court and Department of Justice have issued several measures aimed at helping the criminal process adapt to the quarantine, and expedite processes involving incarcerated persons and overcrowded prisons. These measures also address long-awaited reforms. Their imposition affirms the ability of the Philippine criminal justice system to rise up to the challenge of modern technology, and several practitioners have expressed support in adopting...

SAFE’s new measures on optimising administration of foreign exchange to support foreign-related businesses

SAFE’s new measures on optimising administration of foreign exchange to support foreign-related businesses- China Working Group.

Better safe than sorry: Risk management and dispute avoidance through efficient contractor due diligence

Covid-19: China’s no tolerance policy in spotlight after unrest, economic woes

England and Wales’ digital era: no blank space when litigating in this jurisdiction

On 11 September 2024, the Property (Digital Assets etc) Bill was introduced to Parliament in England. For the first time ever, digital assets can now be considered as personal property under English statutory law. In this article, we seek to explore the key provisions of the Bill, and the implications for conducting litigation in the digital age

IBAHRI condemns conviction of Philippines’ distinguished journalists

The conviction of Rappler Executive Editor, Maria Ressa, and her former colleague, Reynaldo Santos Jr, over retroactive cyber libel charges is condemned by the IBAHRI.

New report ‘No Defence’ exposes systematic assault on lawyers and bar independence in Iran

The International Bar Association’s Human Rights Institute (IBAHRI) together with the Centre for Supporters of Human Rights (CSHR) has released No Defence: A Report on the Status of Lawyers and the Bar Associations in Iran – Challenges and Recommendations – important new research…

Clinical trials: impressions and perspectives in light of Bill of Law No. 7082/2017

Bill of Law No. 7,082/2017 promises to change the regulatory framework for clinical research in Brazil, if approved under the proposed terms by the Congress. Many changes relate to a potential decrease in bureaucracy in the ethical and regulatory approval procedures, as a way to stimulate more interest from the industry to sponsor studies.

Fighting corruption in Brazil: Federal Decree No 11,129 of 11 July 2022, regulating anti-corruption law

The Anti-Corruption Law was first regulated, at the federal level, by Decree No 8,420 of 18 March 2015. On 12 July 2022, more than seven years later, Federal Decree No 11,129 of 11 July 2022, which regulates Anti-Corruption Law and repeals Decree No. 8,420/2015, was published by the Brazilian government. This article provides a detailed overview of the new Decree.