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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).
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?
2nd IBA Global Professional Ethics Symposium
Very few legal fields face the revolutionary changes that employment and industrial relations laws do. Issues such as technology, human rights, globalisation, corporate citizenship and increased movements of people have created unprecedented legal complexity as they interact with traditional laws often formulated decades ago. As the largest of the Human Resource Section Committees of the IBA, the purpose of the Committee is the identification, technical analysis and proactive management of national, regional and global developments in these rapidly evolving fields. The Committee takes a ‘cutting edge’ approach to its selection of topics and speakers and draws upon the combined experience of its officers and panellists to present the members with innovative solutions to the employment law problems of today.
Apr 04, 2024
Session summary from IBA Annual Conference 2023: The session ‘The role of the profession, ethics, representation and social responsibility’, held on 1 November 2023 in the chamber of the International Chamber of the Paris Commercial Court in central Paris, was led by Sandrine Giroud (of LALIVE in Geneva), Vice-Chair of the Litigation Committee, and Adam S Goodman (of Dentons in Toronto), Vice-Chair of the Rule of Law Forum. Panellists were Robert Steven Bernstein (of Holland & Knight, New York), Christopher Stephens (of the World Bank, Washington), and Ambassador Ret. François Zimeray (of Zimeray Finelle, Paris). The discussion addressed the pressure lawyers could face from their clients, the limits of free speech, but also whether the concept of universal rights was under attack.
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.
Ten years since Leghari v Pakistan: the state of play in international climate litigation
The main focus of this session was on undisciplined clients, the impact of their choices and the changing circumstances in their lives on estate planning, and how to anticipate this in our advisory practices. During this session, the panel thoroughly discussed what the specific role and goal of a private client adviser is when being confronted with clients who live their lives with little or no regard for the legal consequences of their actions on their estate planning.
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
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.
During this interactive and highly practical session we will be reviewing the latest approaches to partner performance, sharing our experiences as to why this is so challenging within law firms and hearing success stories from firms who are doing this well. How can law firm leaders ensure that their partners are committed and accountable for their goals?
IBA Annual Conference Miami 2022
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.
I'll do anything for my client, but I won't come into the office more than three days or work weekends – exploring culture, supervision, and client expectations.
IBA Annual Conference Paris 2023
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.
Building the Law Firm of the Future
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.
A fun and thought-provoking interactive session.
30th Annual IBA Global Insolvency and Restructuring Conference
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.
Over the last years, the convergence of financial services and technology industry has resulted in the emerging of new players, which have expanded their horizons all over the world. This
has been a great opportunity to open financial markets to new players and for traditional credit entities that were forced to adapt to FinTech in their line of business. Around the world, the legal response to this matter has been diverse, although we could still trace certain similarities.
In this panel, we will go through the legal framework that rules the FinTech industry in the different continents, analysing how governments have taken proactive and/or reactive regulatory approaches encompassing and/or decoupling banks, financial institutions, and technology businesses; particularly, regarding crypto assets, service/payment providers, digital wallets and open banking.
38th IBA International Financial Law Conference
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.
IBA European Fashion and Luxury Law Conference
Sep 09, 2024
The legal framework for real estate transactions and leasing real estate in Norway is predictable and transparent, as it is widely based on industry standards. The article provides a brief overview of doing business in the commercial real estate market in Norway.
Law firms are increasingly thinking about their strategy and how to stand out in a competitive market. But are we sufficiently considering our client's perspective? How can we invite clients’ into our strategic planning? How can we deliver what our clients' really need and are looking for? And how can we figure out how our clients' needs will continue to develop in a fast-changing world.
IBA Annual Conference Paris 2023
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.
What are we to do about this?
So far, the profession’s response has been mixed, and even contradictory.
IBA Annual Conference Miami 2022
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 panellists will discuss the dos and don'ts when negotiating Deferred Prosecution Agreements (DPAs) with enforcement authorities, in particular: differences and common points between DPAs in the France, the US and theUK; how to deal when enforcement authorities of different countries investigate the same facts; and what are the current alternatives to DPAs in Italy and Switzerland?
26th Annual Transnational Crime Conference
The Latin American Regional Forum presents a comprehensive, innovative guide to doing business in Latin America, covering 14 jurisdictions: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Mexico, Nicaragua, Panama, Peru, Uruguay and Venezuela. Each country has developed four different chapters, covering foreign investment, capital markets, rendering of public services and real estate regulations.
The panel will seek to address contracting, transacting and other challenges of outsourcing within emerging sectors, like Fintech, against the background of regulatory requirements such as financial services regulation, delivery chain requirements, CSR, cybersecurity, and related issues. An example would be the revised Payment Service Providers Directive (PSD2) which introduced massive change to the payments sector.
IBA Annual Conference Miami 2022
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.
Requests for early dismissal are a relatively new topic. The session will comprise of counsel and arbitrators discussing how they operate in practice.
IBA Annual Conference Miami 2022
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.
Covid-19 and the remote prospectus drafting and verification sessions that it promoted, have affected the way in which part of the less formal diligence process is done. In some jurisdictions nothing may have changed, but in others the changes have been profound – and they seem here to stay. Is this good, bad or indifferent? An expert panel will consider whether the market has merely developed a more efficient way of working, or whether standards risk being eroded. The panel will analyse some of the new practices from an issuer and from an underwriter perspective, and an attempt will be made to formulate practical guidelines that safeguard the interests of investors while retaining efficiency gains made during the pandemic.
38th IBA International Financial Law Conference
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.
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.
ESG now figures daily in the headlines of the financial press, generally with a focus on publicly listed companies or investment funds. But private companies must also navigate this evolving and challenging landscape, including in the private equityPE context. This session will focus on the ESG issues and trends that confront all businesses, with a particular emphasis on private M&A, including diligence, conditions precedent, compliance and financing issues.
11th IBA European Corporate and Private M&A Conference
The Asia Pacific Regional Forum presents a comprehensive, innovative guide to doing business in Asia Pacific, covering 11 jurisdictions: Australia, China, Hong Kong SAR, India, Indonesia, Japan, Malaysia, Singapore, South Korea, The Philippines, Vietnam
IBA Young Litigators Seminar: Advocacy – Dos and Don’ts in International Commercial Disputes
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.
Young Lawyers Committee Champion Training Programme
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.
IBA Young Lawyers' Committee Training: Becoming a champion
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 discuss the challenges – and opportunities – of doing business in markets that have become dysfunctional, and how to deal with the conundrum of ensuring supply while increasing environmental sustainability.
7th Global Entrepreneurship 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.
Are we doing enough? Global wellbeing for law students
Mar 15, 2020
By Samar Abbas. Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd)
New rules adopted around the globe also impose stricter and more detailed obligations for companies processing personal data, and failure to demonstrate compliance with these rules may lead to claims for damages as well as administrative sanctions and high fines from the data protection authorities. Do these rules impair companies’ abilities to conduct internal investigations? Do they also reduce companies’ abilities to cooperate with authorities in multijurisdictional cases?
18th Annual IBA Anti-Corruption 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.
In order to be a cryptocurrency-savvy insolvency practitioner, what do we need to understand about these digital financial assets?
IBA Annual Conference Paris 2023
Apr 28, 2023
It is sometimes suggested that international arbitration and international commercial courts are in competition with one another. But is that right? Here are some thoughts on that question, written from an English law practitioner’s perspective as someone undertaking work in both fora.
Latin America (Latam) continues to be a large, growing and dynamic market for both regional and global deals. This panel of leading practitioners will dissect the latest trends and challenges impacting Latam mergers and acquisitions (M&A), including those local and international issues that you need to navigate in order to execute transactions successfully in this region.
IBA Annual Conference Mexico City 2024
Aug 04, 2021
The interpreting and drafting of contracts is an age-old cornerstone of a lawyer’s daily tasks. The techniques, rules and methods for doing so have changed throughout the years. However, recent developments due to the incessant and exponential way the language is evolving in times of text messaging, online communications and use of artificial intelligence to draft documents means it may be time that some serious reconsideration is given to drafting and interpreting contracts going into the future.
This panel will identify and discuss how (and how not to) contract for innovative projects. Discussions will reflect draft wording to deal with the fact that the technology may be prototype, unproven or being developed through construction. For example, what constitutes “state of the art” or “good industry practice” in a rapidly developing technological world? What kind of warranties will owners expect the market to be prepared to provide for innovative technology? And what new procurement models will the construction industry be adopting now and in the coming years? Or is the old adage “there is nothing new under the sun” still applicable today?
IBA Annual Conference Toronto 2025
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 arc of the ESG movement and how we got here.
ESG: The Role of Lawyers Today and in the Future
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