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Almost two years after the full applicability of the GDPR, the Italian Data Protection Authority has sanctioned two operators, Eni Gas e Luce and TIM. The fines were raised in connection to absence or inadequacy of business operating procedures concerning the processing of clients’ data for marketing purposes
Is the rule of law dead?
RuleOfLawBreakfastsWe are at a critical moment in world history. Citizens around the world are divided over many issues— public health, climate change and the rise in nationalism—to name a few. These divisions have caused, or have the potential to cause, a decreasing faith in the legitimacy of institutions and a growing distrust among their citizenry. We have seen attacks on the justice system, and indeed physical attacks on judges (and lawyers) themselves. Such assaults, whether rhetorical or physical, jeopardize the rule of law across the spectrum of jurisdictions. In this time of division, what can bar associations and the legal profession do to lead the way in to restore confidence in our democratic institutions, in the judicial system, and to protect the rule of law? The panel will discuss these issues, and undoubtedly bring forth more questions than answers, but promises a provocative discussion on this most fundamental of questions.
IBA Annual Conference Miami 2022
Jun 12, 2024
The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.
26th Annual IBA Arbitration Day: Redefining the contours of international arbitration
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.
With the revelations included in the leaked ‘Panama Papers’, the profession of lawyers – among other professional advisors – has come under scrutiny, with some critics referring to lawyers as ‘professional enablers’. On 21 February 2021, texts were published by the OECD and the FACTI Panel of the UN, expressing concerns on the role of advisors in enabling crime. Recently, the European Commission conducted a consultation on this issue in EU member states.
This idea of lawyers as potential criminal enablers threatens our work because, among other reasons, critics can use examples such as the Panama Papers to justify encroachments on professional rights, especially the attorney-client privilege – something that some lawyers are already experiencing in areas such as anti-money laundering.
This panel will consider the current state of affairs of the perception of lawyers as potential enablers to white-collar criminals, and will consider questions such as ‘How can the image of our profession be improved?’, ‘Do we need to accept certain restrictions?’, and ‘Are lawyers held to a high enough standard of business ethics?’
25th Annual IBA Transnational Crime Conference
Apr 22, 2022
This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.
Reputation/image is vitally important in the modern world. For lawyers it shapes not just the attitudes of consumers of legal services, but also the policies of Governments towards the profession.
What does expert research in different jurisdictions say is the public image of the profession? What shapes it? What are its most positive and negative aspects? Where does the profession rank in public esteem? Is its position changing?
And, most importantly, what, if anything, can Bars do about it?
The Finnish Bar Association is currently running an advertising campaign on national television. We will see some of these advertisements on screen with translations for our benefit. In addition, many bars, often under pressure from members, have run public relations campaigns in the past. What worked in these campaigns? What didn’t? What can we learn from each other’s experiences?
16th Annual Bar Leaders' Conference
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.
Your members naturally have differing individual allegiances ranging across your nation’s party political spectrum. But shouldn’t all lawyers support increased investment in the legal system, the courts and access to justice? Some Bars and law societies now publish ‘manifestos’ at election time urging their various proposals for reform of the law and the legal system.
We live in a political era increasingly characterised by polarisation of views, populism, disinformation, discourtesy, intolerance of difference and binary, extreme, ‘us-and-them’ divisions. Human rights, the rule of law and democracy itself are at risk in an election atmosphere hostile to evidence-based, respectful and balanced debate. Crucial decisions are being taken in this ‘global year of elections’. How can the independent voice, expertise and value-system of the legal profession play an appropriate role, in the public interest, at election time?
17th Annual Bar Leaders' Conference
Wellbeing in the legal profession is being challenged by a growing tension between those who prefer to work remotely and those who are seeking to restore in-office presence. The advantage of remote practice eliminates time lost in commute for many, as well as providing a certain flexibility in the work-life balance. On the other hand, the give and take, as well as mentoring, among lawyers and the sense of working within a team is missed by others. Of concern is the growing research and publicity about alienation in society as a whole. Those working in the legal profession around the world are already challenged by factors unique to the practice of law, this concern of the impact of remoteness is not limited to them. However, as part of the overall mix, the question is whether remote working it is taking a toll on wellbeing and what can be done about it. The panel will discuss this increasingly public phenomenon in connection with the overall work of the IBA Wellbeing Commission and provide expert speakers in an interactive forum that encourages audience participation.
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 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
Jan 21, 2022
In rapid succession, a number of jurisdictions have moved away from focusing on antitrust enforcement to the proposed regulation of digital platforms. Ostensibly, the regulatory focus is about competition and potential concerns that traditional ex post enforcement may be ill-equipped to address the power of digital platforms. This article focuses on the realities of what platform regulation might mean, and how to better frame and structure the nature of appropriate regulation. This article first identifies a number of the different approaches to regulation that various jurisdictions have put forward, and then lays out six basic principles for platform regulation to help address some of the potential harms that such approaches may unwittingly be pursuing.
The IBA has completed its ground breaking global survey of the legal profession and issued its principles for addressing the situation. What comes next? How can bar associations go about implementing the principles and work with regulatory bodies and the private sector? Within the IBA, the regional for a are already engaged. But is programming enough? This program focuses on next steps, and will feature wellbeing professionals, bar leaders and others in the private sector to offer their points of engagement.
IBA Annual Conference Miami 2022
Apr 22, 2025
The latest research by the International Bar Association (IBA) Legal Policy & Research Unit (LPRU) into gender disparity in the law across the world is focused on Taiwan. The findings reveal that women are underrepresented at the top of the profession in…
Recent “viral” reports of internal law firm communications that emphasise the “24/7” nature of the practice of law and the need to be constantly “on line” are anecdotal examples of part of the continuing failure of the legal private sector to address the well-documented effects that the practice of law has on the mental well-being of legal practitioners and their support teams. The IBA Professional Wellbeing Commission's survey showed that while most lawyers confirmed their firm’s awareness of the needs to address wellness, in most case the reality was different. This programme will focus on the practical solutions that law firms can and should adopt, recognising the reality of contemporary legal practice while implementing appropriate accommodations.
IBA Annual Conference Paris 2023
The IBA's LPRU has published a report on the nature and prevalence of bullying and sexual harassment in the legal profession around the world, based on the findings of its extensive 2018 survey on the subject. It offers both observations and recommendations for action. The IBA hopes that the report will encourage law firms to revisit their policies and training for responding to and preventing bullying and harassment.
Beyond rhetoric, our panel of globally-renowned, erudite speakers shall examine and evaluate the concept of diversity, equity, and inclusion in all ramifications with a view to enhancing its mechanisms and bolstering its impact positively and ubiquitously within and outside the International Bar Associaiton.
IBA Annual Conference Toronto 2025
3 March 2021, 1300 – 1400 GMT
The panel will discuss the recent changes in law firm work culture, particularly how law firms around the world are dealing with post-pandemic challenges such as the Great Resignation, hybrid working, AI/technology, employee wellbeing, etc. Law firm managing partners from different regions around the world will discuss how they have re-structured their work culture to adapt to the changing norms, and how they have turned un-precedented challenges into long-term advantages. In addition to discussing the effective steps the panellist have taken to create and maintain the right law firm work culture for the current environment, we will be examining the forward-looking actions that law firms are taking to plan for and manage future challenges and changes. Overall, we will exchange thoughts and experiences on how to create and sustain a work place culture that is better for people, business and the society at large.
Additionally, with the pandemic, the ongoing global climate crisis and other crucial current events, the world’s focus on the United Nations Sustainable Development Goals (SDGs) and Environmental, Social and Governance (ESG) compliance has been further heightened, and lawyers worldwide are now also examining how they and their law firms can adopt ESG best practices and adhere to them. As ESG compliance has become an important aspect of law firm management, the IBA Law Firm Management Committee has published an ESG Toolkit for lawyers and law firms; taking that discussion forward in person, we will discuss with the help of our panellist the need and practical approaches for successfully adopting and integrating SDGs/ESG compliance in everyday law firm management practices.
IBA Annual Conference Miami 2022
A webinar presented by the IBA Environment, Health and Safety Committee. 13 August 2020, 1500-1630 BST
Topics will include:
- Update on recent global developments concerning international trade in legal services
- Legal ethics and the IBA’s Anti-Corruption Project: BIC perspectives
- Wellbeing in the legal profession: the role of bars and law societies in tackling the crisis
- How to improve bar and law society engagement with the work of the IBA
- What should bars and law societies be doing about the Climate Crisis?
- Who speaks for the bar? Presidents, executive leadership, or its members?
17th Annual Bar Leaders' Conference
Thoughts on how to develop relationships between in-house legal departments and law firms during the Covid-19 emergency
Topics will include:
- Update on recent global developments concerning international trade in legal services
- Legal ethics and the IBA’s Anti-Corruption Project: BIC perspectives
- Wellbeing in the legal profession: the role of bars and law societies in tackling the crisis
- How to improve bar and law society engagement with the work of the IBA
- What should bars and law societies be doing about the Climate Crisis?
- Who speaks for the bar? Presidents, executive leadership, or its members?
17th Annual Bar Leaders' Conference
By Marcus Booth and Abdulwahid Alulama. Middle Eastern M&A on the rise in H1 2019: and it’s not all about oil.
Topics will include:
- Update on recent global developments concerning international trade in legal services
- Legal ethics and the IBA’s Anti-Corruption Project: BIC perspectives
- Wellbeing in the legal profession: the role of bars and law societies in tackling the crisis
- How to improve bar and law society engagement with the work of the IBA
- What should bars and law societies be doing about the Climate Crisis?
- Who speaks for the bar? Presidents, executive leadership, or its members?
17th Annual Bar Leaders' Conference
Mar 28, 2023
Concerns about burnout are a global phenomenon in the legal profession. A study by recruitment agency Realm Recruit, published in January, found that two-thirds of legal professionals have experienced burnout.
In-House Perspective November 2019, GCs must do more to help law firms address ‘glacial progress’ on equality
Oct 02, 2023
The introduction of the competition framework is reshaping how oil and gas transactions are operated in Angola. Although recent practice by the Angolan Competition Authority appears to be consistent, a formal position can help to bring clarity. Parties should adjust completion conditions accordingly to strike the right balance between execution and compliance risks.
Jun 15, 2022
Robin Storey, General Counsel and Company Secretary at UK natural gas producer IOG, speaks to In-House Perspective about working in oil and gas in 1990s Russia, fending off expropriation in Kazakhstan and helping IOG reach its first gas flow earlier in 2022.
Jul 26, 2023
In mid-2014, China introduced a simplified proceeding for mergers that are not expected to harm competition or change the market structure in China. This is the ‘fast track’ merger review process, which is similar to the ‘short form’ proceedings in the European Union and other jurisdictions. In China, the simplified proceeding will apply where transactions that meet at least one of six criteria.
Aug 04, 2021
This was an insightful session covering international litigation case management, chaired by Peter Bert (Taylor Wessing, Germany). The purpose of the session was to consider best practice for managing transnational disputes across different jurisdictions, looking at how differing procedural rules, timetables, and cultures can best be navigated by in-house and external counsel, and clients, successfully.
Apr 23, 2025
This year brought a slight change in how we approached our Big Retreat. The Officers’ Retreat and the Council Members’ Retreat were joined into a single event which took place in Budapest at the start of March 2025. Our Senior Vice Chair, Viktória Szilágyi from Lakatos Köves and Partners, carried out the work as this year’s gracious host and needed to accommodate such a large crowd with a full schedule. She certainly lived up to it!
Jan 12, 2024
In this session at the IBA Annual Conference in Paris, a group of experts from various backgrounds addressed topics such as doping, bribery, governance and social responsibility, and offered a comprehensive examination of the complex issues plaguing the world of sport.
Nov 14, 2024
A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.
May 21, 2024
The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!
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