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May 25, 2023
The government-imposed lockdowns and restrictions necessitated by the Covid-19 pandemic, together with the changes in consumer behaviour that the virus triggered, had a radical impact on the turnover of many businesses. Those businesses often looked to their business interruption insurance to recoup their losses. In relation to such insurance claims, the United Kingdom regulator, the Financial Conduct Authority (FCA), in cooperation with leading insurers, launched a test case with a view to resolving some of the fundamental coverage issues arising on a selection of common market wordings. The decision in the FCA test case of course left several issues unanswered, particularly in relation to the assessment of quantum. Three recent cases have attempted to address these issues. They were brought by Stonegate (a pub chain), Greggs (a bakery chain) and Various Eateries (a group of restaurants).
The last few years have seen a recalibration of shareholder primacy and stakeholder priorities. Despite these headwinds, some companies have demonstrated resilience and remained committed to a sustainable corporate purpose, including prioritising stakeholder engagement where it contributes to preventing harm to people and planet as well to the company. This panel will examine the current debate in various jurisdictions, including how some companies have operationalised their corporate purpose through capital allocation and long-horizon strategic decisions. It will also explore where new laws are requiring companies to manage risks to people and planet as well as the legal ways that these businesses have reinforced their mission even where legislation is not requiring them to. This includes through the use of dual-class or trust-based control, shareholder agreements or stakeholder charters, certification frameworks such as B Corp and embedding into legal contracts commitments to core international business and human rights standards as part of their risk management strategies. The panel will consider how alliance-building, including through co-investment vehicles, mission-driven joint ventures or procurement ecosystems, could allow businesses to amplify their impact and to meet their commitments to international standards.
IBA Annual Conference Copenhagen 2026
Feb 05, 2026
Donald Trump's $10 billion defamation lawsuit against the BBC over an edit of a speech he made on 6 Jan 2021 has raised legal and ethical questions, and has brought into focus potential chilling effects on freedom of speech.
In this session we will debate the topic of platform v sovereign states, and dissecting who is in control in relation to communications infrastructure.
IBA Annual Conference Toronto 2025
IBA Global Insight June/July 2017 - Following the recent summit between American President Donald Trump and China’s President Xi Jinping, Global Insight considers the reversal on protectionism and free trade, assessing the potential for a major trade war between the two global superpowers.
By Kateryna Gupalo and Kateryna Shapran. The year 2019 saw a prodigious amount of legislation amendments in Ukraine, particularly relating to combating corruption. The changes have affected the Criminal and the Criminal Procedure Codes as well as other anti-corruption regulations. New anti-corruption bodies including the High Anti-Corruption Court and the State Bureau of Investigation have also come into operation. Ukraine therefore continues to develop and implement its anti-corruption reforms.
Jun 07, 2022
Football 256 purported to carry out an awards ceremony via their social media channels – ‘Football 256 Best of the Season Awards’ – for the recently concluded 2020-2021 StarTimes Uganda Premier League. In response, the Federation of Uganda Football Associations (FUFA) threatened legal action against Football 256, the football clubs, club officials and players.
Ten years since Leghari v Pakistan: the state of play in international climate litigation
Mar 10, 2021
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.
Increasingly more protectionist policies are adopted across the globe which affects business ability to make deals (new FDI and FSR regimes, etc.) and to access markets (IMEC v. BRI, security restrictions for hardwares sales, etc.).
IBA Annual Conference Mexico City 2024
During the UNCITRAL Working Group V session in December 2020, a colloquium was held to consider whether UNCITRAL should be advised to undertake future work on applicable law (choice of law) in cross-border insolvency proceedings.
We will discuss the ethical issues for lawyers around non-disclosure agreements (NDAs), Strategic Lawsuits against Public Participation (SLAPPs) and other potentially predatory litigation.
Non-Disclosure Agreements (NDAs)
• Protecting legitimate interests or perverting the course of justice?
• When, where and in what form are NDAs acceptable?
• What types of clauses are unacceptable?
• What are the ethical obligations for lawyers drafting NDAs and advising clients?
• NDAs from the perspective of one client/litigant, Zelda Perkins, who said of hers ‘It is morally lacking on every level’.
Strategic Lawsuits Against Public Participation (SLAPPs)
• Are suggestions that lawyers are facilitating frivolous litigation aimed at silencing criticism greatly exaggerated?
• How do SLAPPs align with our obligations as lawyers to promote the protection of the fundamental right of freedom of expression?
• Are we, as lawyers taking our professional and ethical obligations seriously?
• Is there a risk that legitimate claims are being branded as SLAPPs?
• What are our obligations to interrogate clients’ instructions and advise them on the risks?
2nd IBA Global Professional Ethics Symposium
Oct 08, 2025
The High Court in England and Wales has recently examined the use of generative artificial intelligence tools by lawyers in litigation. Two cases were referred to the High Court after it became apparent that false citations appeared in legal documents that were being relied upon by lawyers. Intentionally submitting false material in court proceedings, with the knowledge that the information is false, will amount to contempt of court. This could attract a prison sentence of up to two years. The harshness of the punishment is for good reason: deliberate interference with the administration of justice is a serious act that undermines public confidence in the legal process.
- Austria: cum/ex Supreme Administrative Court VwGH 28 June 2022 Ro 2022/13/0002
- Canada: exchange of info Levett v CRA
- Denmark: Beneficial ownership EU law C-116/16 T Danmark and C-117/16 Y Denmark ApS.
12th Annual London Finance and Capital Markets Conference
Initially limited to consumers’ claims, since 1 June 2018 Belgium’s class action legislation has been extended to SMEs which can now also file class action lawsuits against large companies.
How does that comport with recent case decisions including Thomas Barnes & Sons Plc v Black-burn (UK), Balfour Beatty Constr, LLC v GSA (US) and Walsh Constr v TTC (Canada)?
9th Biennial Conference on Construction Projects from Conception to Completion
Aug 28, 2023
This article discusses a defamation lawsuit around an initiative to equip educators with resources to teach students about sexual orientation and gender identity in the jurisdiction of Canada.
DiversityInclusionHumanRightsRuleOfLawIn 1857, in the case of Dred Scott v Sandford 60 US 393, a majority of the United States Supreme Court delivered one of the clearest examples of a judiciary breaching the rule of law.
IBA Annual Conference Miami 2022
Aug 12, 2021
This article provides a case summary of a recent CJEU decision on a dispute between Irish music performers, the collective management organisation and the Irish music producers’ organisation. The decision clarifies the extent of the right of performers to equitable remuneration with producers under Article 8(2) of Directive 2006/115/EC and its applicability to non-EEA performers.
In particular, the European Court of Human Rights’ judgment in Semenya v. Switzerland (Application no. 10934/21, 10 July 2025) and the Court of Justice of the European Union’s ruling in Royal Football Club Seraing and Others v.
IBA Annual Conference Copenhagen 2026
Feb 10, 2026
This article analyses the Ninth Circuit’s July 31 2025 decision in Epic v Google and the Ninth Circuit’s willingness to bless forward-looking remedies in the regulation of Big Tech.
Dec 15, 2021
This article looks at a few considerations and concerns that arise in the interplay between, on the one hand, privacy and data protection, and on the other, the protection of public health, the employer’s right to control and its duty of safety.
Moreover, recently, the UK Supreme Court delivered significant judgments on the law governing the arbitration clause and the power of English judges to issue anti-suit injunctions in the context of foreign-seat arbitration (Enka v. Chubb [2020] UKSC 38 and UniCredit Bank v. RusChemAlliance [2024] UKSC 30).
IBA Arb40 Symposium - The continuous pursuit of legitimisation and optimisation of international arbitration
Jul 06, 2021
Whether or not a contractor or sub-contractor has complied with a contractual claim notification provision is often a highly contested issue in construction disputes given its potential to be determinative of the parties’ claims. The Hong Kong Court of Appeal’s recent judgment in Maeda Corp v Bauer Hong Kong, which adopts arguably the strictest approach to claim notification provisions among common law jurisdictions, should therefore be of interest to contractors and sub-contractors operating under Hong Kong law and other common law governed construction contracts. This article provides an overview of the dispute before considering its practical implications for contractual drafting and the performance of construction contracts.
- The global ESG regulatory landscape
- Cross-jurisdictional comparison of ESG labels
- Challenges in compliance for multi-jurisdictional asset managers
- How real is greenwashing - enforcement trends
- Is stewardship impactful
- ESG in private v. mutual funds
35th IBA Global Challenges and Opportunities for the Asset Management Industry Conference
Apr 04, 2024
With an increasing number of litigants seeking their day in court, securing an effective, fair and fast resolution to disputes has never been more challenging. The decision of the Court of Appeal in England and Wales, in Churchill v Merthyr Tydfil, confirms the integral role ADR and mediation play in effectively resolving disputes for parties. In showing positive treatment towards ADR and overturning Halsey, the Court has both encouraged parties to think strategically when approaching complex dispute resolution and also supported parties seeking to resolve disputes in a cost effective and fair manner.
What is the future for retail parks v shopping centres and will we see more repurposing of retail destinations?
15th Annual IBA Real Estate Investments Conference
Apr 19, 2021
In Halliburton v Chubb,1 the UK Supreme Court has handed down a keenly awaited judgment, clarifying the circumstances where an arbitrator must disclose their appointment in separate arbitrations involving overlapping subject matter and a common party.
Topics to Include:
• Role of counsel in guiding sponsors on transactional management involving the management of conflicts in continuation funds in light of ADIC v EMG (2025)
24th Annual International Conference on Private Investment Funds
Mar 10, 2021
The Chartered Institute of Arbitrators (CIArb) is a global organisation, based in the UK, which trains, certifies and regulates arbitration practitioners. Like several other international arbitration bodies, CIArb was granted permission to intervene in the Supreme Court case of Halliburton Company v Chubb Bermuda Insurance.
This session explores what effective corporate governance looks like in 2025:
- Core principles and governance codes across Africa eg, King v in RSA as the benchmark of Corporate Governance practices in Africa?
Biennial IBA African Regional Forum Conference - The leading-edge lawyer: Integrating technology, deciphering trends, and embracing ESG-driven transformative learning
The final judgment in a line of authority described as the most important for the international arbitration community in a decade was handed down on 27 November 2020 by the UK Supreme Court ([2020] UKSC 48).
The Court found that arbitrators have a duty to disclose appointments in overlapping arbitrations, that the arbitrator in the relevant arbitration breached this duty, and that an appearance of bias might well have existed at a point in time.
Just like cars require regular inspections—whether it’s the MOT in the UK, the revisione in Italy, the TÜV in Germany, or the ITV in Spain—leaders, too, need a periodic check-up.
9th Global Entrepreneurship Conference
Oct 29, 2025
Guatemala’s framework for enforcing foreign judicial and arbitration awards has remained largely unchanged since the 20th century, emphasising reciprocity, public policy limits, and a strict bar on enforcing judgments issued in absentia or involving in rem actions. While foreign court judgments face significant enforcement barriers, Guatemala strongly supports arbitration (being a party to the New York and Inter-American Conventions and adopting the UNCITRAL Model Law), making arbitration a reliable option for resolving cross-border disputes.
This session will update the work of the UNCITRAL Working Group V as related to insolvency and civil asset tracing and recovery tools, while canvassing the availability and practical application of insolvency tools and remedies in the Americas.
IBA Annual Conference Mexico City 2024
Oct 29, 2025
This case is an example of borrowers seeking to imply duties of good faith and rationality into banking contracts. It is one of a number of recent cases which have considered contractual discretion in the context of financial services.
UNCITRAL Working Group V has started a project which may provide recommendations and the European Union is considering developing an instrument regarding asset tracing.
IBA Annual Conference Miami 2022
Oct 08, 2025
The Supreme Court determined that section 213 of the UK’s Insolvency Act 1986 is to be construed in such a way as to include third parties, while restored companies bear an evidentiary burden of proof in limitation disputes. The interpretation of the term ‘outsider’, as applied by the Supreme Court, has nuanced implications for the legal nexus between third parties and fraudulent corporate conduct. The judgment of the Supreme Court builds on earlier jurisprudence, but refines ‘outsiders’ such as brokers, financial intermediaries and advisers who are now to be considered in civil fraud cases.
Tax rulings issued by 2 or more countries in a single procedure (ICAP of OECD and ETAX of EU)
Transfer of functions across borders where employees move
Intercompany financing: dissecting the findings in HMRC v. Blackrock and Singtel (Federal Court of Australia) cases)
Data collection and sale by related companies
12th Annual London Finance and Capital Markets Conference
Jul 01, 2022
This article, by former Judge President of South Africa’s Competition Appeal Court, Dennis Davis, examines the decision of South Africa’s Constitutional Court in the Mediclinic case, which concerned a proposed merger in the private healthcare sector involving hospitals in relatively small towns. The Constitutional Court overturned the decision of the majority of the Competition Appeal Court, which found that because medical care in Potchefstroom and Klerksdorp did not fall within the same local market, the merger did not give rise to the problem of a substantial lessening of competition in the local market. The article concludes that whilst the Constitutional Court’s emphasis on the role that the Constitution must play in the interpretation of provisions of the Competition Act is to be applauded, and this case will doubtless influence the interpretation of the Competition Act in future litigation, the right to healthcare in section 27 of the Constitution is not a jurisprudential war cry, and its application must still depend on the facts of the case. The decision may invite the Competition Commission to invoke the Constitution, almost without fetter, and reduce the Competition Appeal Court’s jurisdiction considerably so as to render the Competition Commission far less accountable than should be the case in a dispensation based on the rule of law.
- New developments on the arbitrability of disputes in Singapore after decision of Singapore Court of Appeal in Anupam Mittal v Westbridge Ventures II Investment Holdings
- Shareholder disputes, trust disputes, etc: limits to arbitrability (eg, India)
- Preliminary objections to challenge the validity of arbitration proceedings; multi-tier clauses (mandatory mediation), etc
- What will experiential luxury look like in a post pandemic world?
25th Annual IBA Arbitration Day: 25 years together and now? Building the arbitration model for tomorrow
In its recent decision in the case of Eiser Infrastructure Limited and Energia Solar Luxemburg S.à r.l. v Kingdom of Spain (ICSID Case No ARB/13/36), an International Centre for Settlement of Investment Disputes ad hoc committee annulled the underlying award in its entirety, considering that the claimants’ appointed arbitrator had a conflict of interest.
In particular, the session will reference the work underway by UNCITRAL Working Group V on the topic of civil asset tracing and recovery in insolvency proceedings, and UNCITRAL insolvency texts, such as:
- the 1997 UNCITRAL Model Law on Cross-Border Insolvency;
- the 2018 UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments; and
- the 2019 UNCITRAL Model Law on Enterprise Group Insolvency.
IBA Asset Recovery Conference
By Ally Bolour. Queer equality, though a global goal, is a journey best travelled locally. The United States remains a leader in this march, yet our community experiences multiple and often daily challenges in our attempt to reach our destination. The separation of state and church is enshrined in the US Constitution, yet too often, we witness courts and governments apply exceptions to this supreme law of the land. We must remain vigilant and vocal as we march forward to true equality.
A panel of experts will debate several timely issues relating to multilateral development bank (MDB) debarment and exclusion, including:
• The implications of Rosenkrantz et al v Inter-American Development Bank (3 June 2022) for MDB investigations and decisions, such as how systems are not contractually based.
19th Annual IBA Anti-Corruption Conference
Mar 04, 2022
Given the importance of the Model Law and the New York Convention in the world of arbitration, any guidance from a top level court on how Article 34 should function may be of interest to a world-wide audience.
Discussion on the legal challenges and strategies that global companies face when navigating diversity, equity, and inclusion (DEI) initiatives in a world with varying regulations and practices (eg, EU v US executive orders). We will explore how to manage DEI compliance in both progressive and restrictive environments and lessons learned so far, highlighting the approaches needed to balance and deal with conflicting regulations and practices.
IBA Annual Conference Copenhagen 2026
Mar 15, 2020
By Samar Abbas. Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd)
In May 2024, the UK Supreme Court considered, in Invest Bank v El-Husseiny, whether the Court of Appeal reached the right decision in finding that where a debtor causes a company that he owns and controls to transfer assets in an attempt to frustrate enforcement action, those transfers can be challenged as transactions at an undervalue under section 423 of the UK Insolvency Act (which the UK courts have confirmed may have extraterritorial effect).
2nd Annual IBA Asset Recovery Conference
The use of alternative dispute resolution in labour matters was a rarity in Zimbabwe until the country introduced a new statutory instrument under the Labour Act. The new statutory provisions introduced a raft of measures into the law and brought about changes to the usual procedure.
The session will explore the impact of the case UniCredit Bank GmbH v RusChemAlliance LLC and place it into the larger context of case law concerning anti-suit and anti-enforcement-injunctions.
5th IBA Litigation Committee Conference on Private International Law
Apr 14, 2026
This article examines the evidentiary status of AI-generated material in disputes, primarily in litigation. The analysis is grounded in Indian law and contemporary judicial practice, with comparative references to other jurisdictions. It analyses key concerns around admissibility, reliability, and procedural fairness, particularly in light of the opacity, inconsistency, and potential fabrication inherent in AI outputs. While Indian courts have cautiously engaged with AI as a tool for preliminary research, they remain reluctant to treat it as substantive evidence. The article argues that any future acceptance of AI-generated evidence must be anchored in clear disclosure, verifiable methodology, and human oversight to preserve the integrity of judicial processes.
Jul 21, 2025
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.
The “mini” Anton Piller (or stand and deliver) order will be considered together with the sealed and gagged disclosure order against a solicitors’ firm (such as in Republic of Haiti and others v Jean-Clause Duvalier and others).
What remedies are available under the civil law tradition to achieve a similar aim?
2nd Annual IBA Asset Recovery Conference
Jan 19, 2024
In the recent case of Philipp v Barclays Bank UK PLC [2023] UKSC 25 in England, the Supreme Court confirmed that the Quincecare duty of care does not extend to circumstances where a customer gives explicit instructions to a bank to make a payment. This article considers the Philipp v Barclays Bank UK PLC case in more detail, revisiting the Quincecare duty of care owed by banks and the position at law going forward, including as a result of changes to laws and guidelines that have arisen in light of the facts in this case to address advance push payment fraud. It looks at key considerations for business customers and banks to ensure that they take proactive measures to align themselves with the evolving legal landscape.
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