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The current era of technology and reachable-everywhere-and-anytime lawyers imposed its rules. This wide adoption of instant messaging in some of the Middle East jurisdictions, including the UAE, has been encouraged and regularized by legislation and court decisions that afforded validity and evidentiary weight to instant messaging and electronic communications on equal footing with conventional means of communication and written documentation.
Following the popularity of this session at the previous editions of this conference, delegates and panellists will work through a new case study explaining how they view the same construction law issues. The interactive case study will seek to highlight issues which are particularly affected by the applicable law.
8th Biennial Conference on Construction Projects from Conception to Completion
Apr 14, 2026
This paper assesses the evidentiary value of WhatsApp and SMS screenshots – and, by analogy, ordinary unsigned emails – in Italian civil litigation. Courts treat such communications as ‘mechanical reproductions’ under Article 2712 of the Italian Civil Code, giving them full probative effect unless their conformity is specifically disavowed. The paper summarises the impact of disavowal and the main routes to prove authenticity (verification proceedings, court-appointed forensic analysis, presumptions, and witness evidence), and briefly discusses their use to support applications for payment orders and, in stricter cases, provisionally enforceable injunctions.
The panellists will analyse the current investment climate in India and discuss the tapestry of key reforms fuelling as well as major issues impeding investment activity. This panel sets the tone for the subsequent panel discussions at the conference, which will deep dive into specific crucial issues.
Mergers and Acquisitions in India: is India the last oasis of hope in a global slowdown?
This panel will discuss how the impact of national security, specifically biosecurity and supply chain impacts, in the field of life science and healthcare.
IBA Annual Conference Toronto 2025
Jul 08, 2025
Mediation is on the rise internationally as a means to settle disputes in a cost-effective manner. Chinese parties appear to be increasingly interested in mediation as an option. This article examines the evolving landscape of mediation in China and internationally. It considers how mediation for Chinese parties is evolving and whether mediation is a good option for Chinese parties in cross-border disputes. Commercial mediation has seen remarkable growth, bolstered by a supportive PRC judicial system and legislative initiatives encouraging parties to find harmonious ways to resolve disputes. The article analyses the three primary types of mediation in China: people’s mediation, administrative mediation, and commercial mediation. It also looks at mediation rules and proceedings in common law jurisdictions, such as Hong Kong, Singapore, and the United States. The article anecdotally considers the cultural elements, emphasising the Chinese parties’ preference for evaluative mediation styles as a reflection of civil law. Through case studies of international disputes involving Chinese and US parties, the article illustrates the practical dynamics of mediation involving Chinese parties and underscores the importance of cultural sensitivity in international mediation. As Chinese parties continue to go global, mediation is emerging as an attractive option for efficient and cost-effective dispute resolution. This analysis assesses whether the promotion of mediation is yielding tangible outcomes and explores the future of mediation involving Chinese and foreign parties.
Thriving through law school and beyond: wellbeing in legal education
The chaos caused by what police believe was a lone man’s killing of four people near Westminster in London has once again stirred the debate on the boundaries of the law and the remit of government bodies intended to prevent terror attacks.
At the centre of the debate is messenger service WhatsApp, which the attacker is thought to have used minutes before driving a car onto the busy pedestrian lane on Westminster Bridge.
HumanRightsConfession-driven criminal justice systems incur a higher risk of torture and coercion during investigations and other information gathering processes. The Principles on Effective Interviewing for Investigations and Information Gathering, officially launched in June 2021, offer a solution-oriented approach to moving away from confession-based interrogations, towards rapport-based interviewing alongside the implementation of legal and procedural safeguards. What advances have been made in their implementation from legal, institutional, and practical perspectives? What challenges have been faced? And how can legal professionals best prevent coercive interrogation techniques, forced confessions and resulting miscarriages of justice? This session will explore these and related questions through insights and reflections from national, regional and international experts.
IBA Annual Conference Miami 2022
Feb 17, 2023
This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.
This session will look at gender-related killings (femicide), the most brutal and extreme manifestation of violence against women and girls.
Despite decades of activism from women’s rights organisations and global awareness raising, evidence shows that progress in stopping such violence has been deeply inadequate. Femicide has become a social crisis. Gender-based killings are prevalent in every country – the UN has reported data from every continent. Women in the public eye, particularly women human rights defenders, politicians and journalists are often targets of intentional violence on and offline. Femicide is not inevitable and can be prevented by tackling social norms, engaging with communities and supporting the police to adopt gender-responsive policing. The implementation of such initiatives must happen now, to prevent the femicide crisis intensifying.
IBA Annual Conference Mexico City 2024
Sep 27, 2023
The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.
The right of persons to seek asylum from persecution in other countries is grounded in Article 14 of the 1948 Universal Declaration of Human Rights. The United Nations Convention relating to the Status of Refugees (the ‘Convention), adopted in 1951, consolidated previous international instruments and provides a comprehensive codification of the rights of refugees at an international level. Non-discrimination, non-penalisation and non-refoulement (ie, the forced return of people to their places of origin) are three of the most important principles on which the Convention is based.
However, the influx of migrants to many countries is causing economic problems and leading to divisive political responses. Many are asking whether these laws have had their day and need to adjust to a different world with a new set of challenges.
IBA Annual Conference Mexico City 2024
A summary of the 2019 IBAHRI activities in Azerbaijan.
Oct 14, 2019
Egypt received a $12bn IMF bailout following the overthrow of Hosni Mubarak’s regime and macroeconomic indicators are positive. Nevertheless, one of the region’s most influential countries, with a population of 100 million, remains shackled by poverty, debt and public resentment.
To simplify or not to simplify: implications and reflections on the EU Omnibus Package
IBA Global Insight Dec 2018/Jan 2019. In his address to the attendees at the IBA Annual Conference in Rome, the IBA President took the opportunity to re-emphasise the role that the legal profession, as guardians of the rule of law, must play in combating the ongoing erosion of core values. In his keynote address, Romano Prodi – twice Prime Minister of Italy and former President of the European Commission – pinpointed the underlying malaise that has led to the rise of populism and fragmentation in Europe.
Jan 09, 2024
This article reviews the recent European Union regulations, namely the Digital Services Act and the Digital Markets Act which regulate digital platforms with operations in Europe, from different perspectives. Likewise, the article revises some regulatory projects in Brazil and the United States, before turning to Argentina, where the regulation of the intermediaries’ responsibility is an issue of current relevance. Due to the lack of an ex-ante regulation regarding these topics, this article goes over some of the cases treated with consumer protection regulations as well as with antitrust law and data privacy provisions.
Assessing human rights and justice in transitional Syria: one year on
Like many countries around the world, Nigeria was forced to impose a lockdown in Lagos (Nigeria’s commercial hub) and Abuja (Nigeria’s capital city) to combat the spread of Covid-19. The government’s ban on public gatherings and interstate travel resulted in the judiciary’s suspension of court sittings from March to May 2020, except for hearings of cases that were considered urgent, essential or time-bound.
The landscape for potential human rights abuses by digital surveillance is changing as the methods used grow ever more powerful. Global Insight considers this evolution and the need for regulatory frameworks to adapt.
Tools for justice and accountability: universal criminal jurisdiction over enforced disappearances
Dec 21, 2023
India is increasingly becoming a key jurisdiction for foreign investment. To keep the momentum going, the Indian government has consistently attempted to keep the business environment friendly and less burdensome. This includes: a reduction in corporate tax rates; easing the liquidity problems of non-banking financial corporations and banks; foreign direct investment policy reforms; and easing compliance norms – all with the aim of promoting ‘ease of doing business in India’. After more than a decade, India’s competition law has recently been amended, bringing about key changes that will impact businesses. The 2023 Amendments to the Indian Competition Act 2002 (the Act) introduce changes that several antitrust jurisdictions are still considering. The 2023 Amendments are a mixed bag of changes: several are business friendly – such as commitments and settlements, expedited merger review timelines and introducing a leniency-plus regime – while others aim to achieve greater regulatory oversight and stricter enforcement, such as deal value thresholds, penalties on global turnover and increased liability for hubs in ‘hub-and-spoke’ cartels. The Competition Commission of India (CCI), the body entrusted with the responsibility to nurture and maintain well-functioning markets that facilitate the growth manifested by the Indian government, must adopt a balanced approach to ensure that competition enforcement does not get in the way of ‘economic growth’ as envisaged under the Preamble of the Act. This article examines the impact of the 2023 Amendments on the Indian market. In particular, the writers examine the CCI’s approach in adopting these tools and tailor it according to the requirements of the Indian economy.
Fifteen years after the launch of the UN Guiding Principles on Business and Human Rights (UNGPs), corporate abuses persist across all sectors and borders. So where do we stand—and where do we go from here? Join leading legal counsel and human rights experts for a dynamic, cross-sector conversation on why strong human rights practices aren’t just ethical—they’re essential for business resilience, reputation, and long-term value.
IBA Annual Conference Toronto 2025
Aug 20, 2024
With regulators around the world stepping up their focus on off-channel communications, all businesses must ensure they’ve appropriate policies and procedures in place, as In-House Perspective reports.
This session focuses on topical human rights issues prioritised by Bar Associations and Law Societies across different jurisdictions.
IBA Annual Conference Copenhagen 2026
Jan 23, 2023
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.
In times of democratic decline, justice actors often stand as the last line of defence for the rule of law. As fundamental players in safeguarding access to justice, legal accountability, and human rights, lawyers are essential to the system of checks and balances that upholds democratic governance. Yet in an increasing number of countries – spanning from El Salvador to the US, Türkiye, Belarus, Zimbabwe, the Philippines, and more recently even EU member states like Poland and Hungary - lawyers are being harassed, surveilled, arbitrarily prosecuted and detained, disbarred, or even physically attacked for carrying out their professional duties.
This session will look at the recent US case study of executive orders targeting law firms as a stark example of these broader global patterns. The discussion will focus on how the independence of the legal profession is being systematically undermined as part of broader strategies of democratic backsliding. It will also explore global trends and patterns in the intimidation of lawyers, strategies and best practices for resilience, and tools available for protection and advocacy, including the Council of Europe’s Convention on the Protection of the Profession of Lawyer.
The erosion of lawyers’ independence is not just a professional concern: it is a democratic one.
IBA Annual Conference Toronto 2025
The approach currently adopted by competition authorities around the world against so-called big tech hides two main risks, namely the delay in respect of innovation processes that may cause the actions undertaken turn out to be vain and the antitrust over-enforcement. This second feature, particularly, is strictly related to the position that enforcers are prone to adopt on competition law goals, which debate has massively re-emerged in the present context
HumanRightsRuleOfLawJudges are appointed to uphold the Rule of Law. They take on responsibilities for society to ensure the impartiality of legal process, provide fairness in courts, protect the rights of individuals and take important decisions upon the liberty of citizens. The role of judges in times of conflict, revolution and political oppression requires bravery to uphold the Rule of Law. There are many famous historical examples, but we have witnessed in modern times judges who have upheld their moral and ethical standards to ensure the Rule of Law prevails. Conversely, others have not, some because they have feared for their lives and that of their family (https://www.nytimes.com/2021/09/16/world/americas/venezuela-rights.html). This session will examine these problems in the 21st century. We will discuss certain jurisdictions where judges are the target of the enemies of the Rule of Law, we will look at case histories and discuss what protections can be made and how the international community should respond? https://www.bbc.co.uk/news/world-asia-58709353 https://www.ohchr.org/Documents/HRBodies/HRCouncil/FFMV/A-HRC-48-CRP.5_EN.pdf
IBA Annual Conference Miami 2022
The continued proliferation of disinformation online – often referred to as ‘fake news’ – has this summer led to increased scrutiny and action from governments.
For too long, perpetrators have escaped accountability for international crimes by hiding away from the authorities seeking to investigate and prosecute them. Others escape justice as the authorities do not investigate the crimes, the countries lack relevant legislations, investigative capacities, shy away from dealing with past crimes, among others.
The principle of universal jurisdiction was meant to address all these challenges. The principle of universal jurisdiction allows domestic authorities to exercise criminal jurisdiction over alleged perpetrators, regardless of where the alleged crime was committed and irrespective of their nationality. However, as countries globally started domesticating the principle, they took very diverse approaches, often limiting the potential of the principle.
The fight against impunity cannot have any borders. As such, the principle of universal jurisdiction must be used to the fullest to ensure the investigation and prosecution of serious violations of international law.
During this session, experts will discuss the use of universal jurisdiction globally - mapping the plethora of cases from the last five years. They will discuss how the cases came into being, including by way of civil society engagement. Experts will consider how the approaches in response to the war in Ukraine can help to make the principle of universal jurisdiction more widely used. They will further discuss recent developments in the area and further opportunities ahead.
IBA Annual Conference Toronto 2025
May 04, 2026
Recent Italian case law decisions spanned from considering the impact of increasingly digital workplaces on trade union rights to re-examining traditional union representation and recognition principles. In two 2026 decisions the Court of Cassation clarified that digital consultation methods may satisfy statutory obligations, provided that substantive participation is preserved. Together, these rulings reflect a consistent judicial approach: procedural forms may evolve, but the core functions of representation and collective negotiation must remain intact. Running in parallel, the Constitutional Court’s October 2025 ruling on Article 19 of the Workers’ Statute reshaped the criteria for workplace union recognition by rejecting exclusive dependence on company‑level bargaining participation as the sole gateway to RSA status and grounding representation rights in objective measures of union national representativeness.
Jun 22, 2022
This article considers Pakistan’s crackdown on social media giants such as Facebook, Twitter and TikTok, and the relationship between these restrictions and the right to freedom of expression.
Human rights and nuclear legacy in the Marshall Islands
Oct 12, 2021
In this article we look at the growth of data breach class actions in the UK and Europe following the coming into force of the General Data Protection Regulation (GDPR). We also consider regulatory activity in the data protection field and the links between investigations and recent class actions. Looking to the future we ask whether current trends are likely to continue, highlighting some powerful policy statements made by the English Court of Appeal in support of data breach class actions, and conclude with a few words on litigation funding and its role in facilitating these kinds of cases.
The article examines the Competition Commission of India’s (CCI) decisional practice in cases of abuse of dominance in relation to big tech companies. The authors note that the CCI has adopted a cautious approach, and has on certain occasions expressed its reluctance in early intervention in a nascent sector. The article examines the need for the CCI to be driven by a fact-based approach in light of the jurisprudence from other mature regulators.
Ending child marriage: legal obligations and global responses
IBA Global Insight June/July 2017. Terrorism and the law: tech companies central to government response; IBA partners with UN for global anti-torture initiative; ‘Vigilant’ French law introduces duty of care for large companies
Justice and accountability are a critical component of lasting peace and of dealing with the legacy of gross human rights abuses. Yet, from Ukraine to Syria, from South Sudan to Yemen and Myanmar, to many corners of the world where such abuses occur, pathways to justice and accountability often seem inadequate or out of reach. Indeed, some might even argue that pursuing justice can be detrimental to immediate prospects for peace, for it could encourage perpetrators to double-down on their abuse in order to cling to power and escape accountability. Can this be true? This panel will draw from the expertise and insight of experts in the frontlines of international justice to provide perspectives and lessons learned from around the world. Together, the panel will also discuss what role can organizations such as the IBA mandated to “contribute to global stability and peace through the administration of justice” and acting as a “connector, enabler, and influencer, for the administration of justice, fair practice, and accountability worldwide” play in supporting justice as a way to achieve peace.
Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.
IBA Annual Conference Paris 2023
IBA Global Insight October/November 2018 -Russian corruption: growing calls for tougher sanctions to combat ‘dirty’ money; The United Kingdom has long been recognised as a favoured destination for wealthy Russian investors, but the flow of ‘dirty money’ from Russia is tainting the country’s reputation. It is increasingly viewed as a safe haven for the Kremlin’s coffers, according to a recent report by the UK House of Commons’ Foreign Affairs Committee
The session will take the form of a panel discussion in which it is expected the following topics will arise:
• The process of imposing targeted sanctions. There is a perceived sense of unfairness amongst many of the individuals on whom sanctions have been imposed- governments have wide powers to do so, sometimes acting on the basis of contested information and with a low burden of proof for what can be serious allegations, and the consequences can be drastic- is this really what we mean by rule of law?
• Access to advice and representation - even where it is technically possible for persons affected by sanctions to get legal advice and representation in court and arbitration proceedings because of exceptions or licences (general or specific) many firms are reluctant to get involved - how does this sit with rule of law concepts?
• Impediments to conducting litigation, arbitrations and enforcing awards – are they compatible with the rule of law and is this is really the kind of rule of law that should apply?
Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.
IBA Annual Conference Paris 2023
Jul 01, 2020
By Richard V. Singleton and Godofredo Mendes Vianna. From the Chairs - Maritime and Transport Law Committee newsletter article, July 2020
The independence of the legal profession is a critical requirement for maintaining the rule of law. An important subset of the independence of the legal profession is the independence of the judiciary. One particularly invidious form of attack is the subtle and non-obvious approach of undermining or hijacking the judicial appointments process. Where the judicial appointments process is unduly influenced or controlled, it results in the appointment of judicial officers who have lost their independence even before they get onto the bench, as they are beholden to those who facilitate their appointments. These facilitators could be members of the executive arm of government, influential politicians or businessmen, or sitting or past judicial officers.
This approach to undermining judicial independence is coming to a head now in Israel, where the Executive arm of government is no longer relying on subtlety but is seeking to take absolute control of the judicial appointments process and to arrogate powers to itself to overrule judicial decisions.
Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.
IBA Annual Conference Paris 2023
Jun 16, 2021
An exponential rise in online abuse and harassment has necessitated governments to step up online regulation.
This session is organised to discuss possible role of lawyers in using law and legal procedures to broker peace talks/ bring war crimes to justice and related issues.
Don't forget to attend SPPI Showcase - Law not war: part 2
IBA Annual Conference Toronto 2025
Apr 04, 2025
The panel has provided attendees with insights and practical advice on navigating civil and commercial litigation in Latin American jurisdictions. The speakers offered essential guidance to help on the successful management of legal disputes in the complex landscape of Latin American law.
This session is organised to discuss possible role of lawyers in using law and legal procedures to broker peace talks/ bring war crimes to justice and related issues.
Don't forget to attend SPPI Showcase - Law not war: part 1
IBA Annual Conference Toronto 2025
Apr 14, 2026
This article deals with the growing reliance on digital evidence in contemporary litigation and the challenges surrounding its admissibility. It highlights the tension between the technical authenticity of electronic records and the legality of the methods used to obtain them. The article examines the need for courts to assess not only the reliability of digital evidence but also the fairness, privacy implications, and legitimacy of its collection.
Sep 10, 2025
A new comprehensive report from the International Bar Association (IBA) Communications Law Committee examines the ongoing global debate over who should bear the cost of internet infrastructure, expansion and maintenance. It is a controversial issue revolving around whether…
Bar associations championing climate legal competence: celebrating the launch of the IBA Bar Issues Commission Climate Change Working Group
Like almost every other law firm across the globe, we have had to quickly make changes to the way that we work and make difficult decisions. At the forefront of every decision has been the wellbeing of our colleagues and the family of Harper Macleod. We have sought to create ways that we can ‘be apart together’ and ensure that we all continue to connect and socialise, even if we have to do it virtually. Here we share our journey to ensure the family of Harper Macleod continues to be as one.
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