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Belarus, rule of law and human rights
In this workshop, we will discuss trends and highlight practical issues and considerations in the area of fund finance, including subscription based, net asset value (NAV) facilities and other forms of leverage.
23rd Annual International Conference on Private Investment Funds
The latest issue of the International Bar Association’s Human Rights Institute (IBAHRI) Covid-19 Human Rights Monitor includes further outbreaks in refugee camps, contraventions to an individual’s right to access a lawyer through digital hearings and internet shutdowns undermining access to healthcare information during the pandemic.
Non-trial resolutions (NTR) are a critical piece of an effective anti-corruption regime. In December 2021, the OECD Working Group on Bribery issued a recommendation encouraging all member states to consider adopting some form of non-trial resolutions of criminal, administrative and civil bribery cases. Our committee and its NTR subcommittee have worked to support implementation of non-trial resolutions around the world.
This panel will discuss practical steps you can take to support the implementation of NTRs in your jurisdiction.
19th Annual IBA Anti-Corruption Conference
The ninth issue of the IBAHRI Covid-19 Human Rights Monitor addresses several key areas pertaining to the impact of the virus on vulnerable communities, including an update on conditions in refugee camps, prisons and informal settlements. The consequences of the pandemic on disability rights and women's health are also covered.
The last few years have seen an increase in the provision of sponsor solutions including minority stake sales, financings and similar manager level transactions. This workshop will address the key trends and highlight practical issues and considerations for industry participants engaging in these types of transactions.
21st Annual International Conference on Private Investment Funds
On 15 January 2020 the Austrian Supreme Court considered whether a final arbitral award on its merits violated Austrian public policy (Case: OGH 18 OCg 9/19a). The underlying arbitration was conducted under the rules of the Vienna International Arbitral Centre (VIAC) with seat in Vienna.
Despite constitutional safeguards and Article 9 of the International Covenant on Civil and Political Rights (ICCPR), many states fail to enforce detention policies that meet human rights standards.
IBA Human Rights Conference: Climate, justice and law - challenges and opportunities
Jul 09, 2021
Today, 9 July 2021, we, the undersigned organisations, take the opportunity to commemorate the sixth anniversary of the crackdown on Chinese lawyers and human rights defenders that occurred in the People’s Republic of China on 9 July 2015.
We will learn some key take away points from each sector
1 Clean tech
2 Deep tech and spin-off universities
3 Education
4 Mobility
5 Legal Tech
6 Healthcare
7 Fintech
8 ESG
9 Artificial Intelligence
6th Annual IBA European Start-up Conference
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 Two-Pillar Solution acknowledges the importance of the STTR in achieving a consensus on Pillar II for developing countries, but so far has only identified interest, royalties and a “defined set of other payments” as being subject to the rule, has set the minimum rate for the STTR at a range from 7.5% to 9% and has relegated implementation to a bilateral negotiation upon request.
IBA Annual Conference Miami 2022
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.
The United Nations Convention on International Settlement Agreements Resulting from Mediation (New York, 2018) (the "Singapore Convention on Mediation") was adopted on 20 December 2018 and was open for signature on 7 August 2019. 55 states have signed the Convention with 9 states having ratified. The Convention has been described as the “Missing Third Piece in the International Dispute Resolution Enforcement Framework”.
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.
- 1.Impact of European Data Laws on USA and Asia
- 2.Cybersecurity and AI (AI and cybersecurity risks and regulation/tech policies)
- 3.What's hot in the USA
- 4.Copyright ownership for AI generated content
- 5.Patentability of inventions created using AI tools
- 6.IP infringement involving digital or virtual goods (in online games etc)
- 7.Cross-border M&A: navigating regulatory and compliance hurdles
- 8.Structuring earnouts and navigating employee equity in startup Acquisitions
- 9.Strategic vs. financial investors: the impact on startups in VC / PE deals
IBA 6th Silicon Hills Conference – the Tech Epicentre of Texas: from Start-Up to Exit
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.
International Data Transfer
2.Connected cars
3.Liability for AI errors and misconduct
4.Law 4.0: adapting legal systems for the digital age (including machine-to-machine law enforcement)
5.Patentability for software - including patent eligibility restoration act in the US
6.IP rights for cannabis related inventions
7.Robotic-assisted medical procedures - IP, regulatory and cybersecurity issues
8.US and International privacy and AI compliance enforcement trends
9.Post-merger integration in tech M&A transactions: avoiding pitfalls
10.Beyond financials: assessing "intangible liabilities" in M&A
IBA 6th Silicon Hills Conference – the Tech Epicentre of Texas: from Start-Up to Exit
Jan 13, 2025
On 26 April 2024, the Chinese State Council passed the Tariff Law of the People’s Republic of China, which came into force on 1 December 2024. The new law consolidates existing rules in different documents and certain practices in one administrative law.
NFTs, the Metaverse, and Big Data
9. Foreign investment regulation - tech transactions under increased scrutiny
IBA 5th Silicon Beach Conference: From Start-Up to Exit
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.
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Global trends concerning fair use defences
9. NFTs, the Metaverse, and Big Data
10.
IBA 5th Silicon Beach Conference: From Start-Up to Exit
These are confusing times for those involved in international trade. One week, for example, President Trump describes the European Union as a ‘foe’ of the US because of ‘what they do to us in trade’. The next week, he has a meeting with Jean-Claude Juncker, the President of the European Commission, and welcomes a ‘new phase in the relationship’ with the EU on what he says is ‘a very big day for free and fair trade’.
Cybersecurity - latest developments and insurance
9. W&I - latest developments
10. Defence JVS: issues with shareholders and IP
11.
7th Mergers and Acquisitions in the Technology Sector Conference
A controversial ruling by the UK Supreme Court that a woman must remain in an unhappy marriage until 2020 has sparked fresh calls for divorce law to be reformed. The case has highlighted the extent to which the UK is out of step with many other jurisdictions.
IBA Global Insight April/May 2017 - Serving as Deputy Assistant Attorney General under George W Bush, John Yoo authored the ‘Torture Memos’ that provided the legal basis for US detention and interrogation policies following 9/11. Here, he assesses Donald Trump’s early days in power and says the use of executive orders is damaging his presidency.
Jun 05, 2023
This article provides an overview of the China International Commercial Court (CICC) and its ‘one-stop’ platform for diversified international dispute resolution, as well as the new developments and benefits that this brings to users of arbitration in Hong Kong, in particular at the Hong Kong International Arbitration Centre (HKIAC). It begins by introducing the purpose of CICC’s establishment, the composition of the CICC, and the functions of the CICC. It then introduces the significance of the HKIAC’s inclusion into the CICC’s ‘one-stop’ platform, as the HKIAC is the only arbitral institution outside Mainland China to be so included. This article explains the existing mechanisms and practices through which arbitration users in an appropriate Hong Kong-seated arbitration may seek interim relief and enforcement of arbitral awards in Mainland China. Finally, this article explores the potential developments for users through the CICC’s new mechanisms and their likely impact.
Oct 29, 2021
Five years on from the enactment of the Sapin 2 law, the ambition of which is to ‘bring French legislation to best European and international standards and to contribute to a positive image of France in the world’ , an evaluation of its effectiveness was carried out by a commission led by two Members of Parliament (MPs) Raphaël Gauvain and Olivier Marleix. The commission published a report listing 50 recommendations for improving France’s anti-corruption endeavours. The two MPs then decided to convert this into a draft bill which will consider some of the recommendations listed in the report. This draft bill, which has not yet been published, is currently under government review before its submission to parliament which is expected to take place in November 2021. The main areas for improvement identified by the MPs, which should be the subject of the draft bill, are outlined in this article.
Mar 04, 2022
Indian jurisprudence on court interference in arbitration has gone through a long and painful, almost soul-searching journey. It started out with courts regularly interfering in arbitration proceedings which often made arbitrating in India ineffective as one party could at any time go to the court and agitate the same dispute, notwithstanding an exclusive contractual arbitration provision. Fortunately, common sense prevailed and successive cases have now curtailed interference to more traditional grounds such as public order or demonstrable bias. However, there is one area of interference – interim measures and urgent reliefs - which still retains quite a punch if a party to a contract intends to use dispute resolution as a strategic tool in a contractual relationship.
Oct 29, 2021
Dr Reddy’s Laboratories Ltd (Dr Reddy’s), a large Indian pharmaceutical company, has American Depositary Receipts (ADRs) listed on the New York Stock Exchange and is an ‘issuer’ under the Foreign Corrupt Practices Act, 1977 (FCPA). In November 2020, Dr Reddy’s made a filing before the US Securities and Exchange Commission (SEC) stating that it had begun an investigation into an anonymous complaint alleging breaches of anti-corruption laws, specifically the FCPA.
Feb 05, 2025
This article explores the intersection of sustainability initiatives and competition law. It highlights the pressures on businesses to address the serious effects of climate change and the role of the Australian Competition and Consumer Commission in authorising sustainability collaborations that might otherwise breach competition laws. The authors discuss potential competition law risks, the legal framework and authorisation process in Australia, and compare international approaches. They also suggest improvements to streamline the authorisation process, such as clarifying guidance, fast-tracking certain applications and considering class exemptions to better facilitate sustainability agreements.
Jan 13, 2022
A report on a survey created by the Diversity and Inclusion Working Party of the IBA European Regional Forum to understand how Diversity & Inclusion is perceived by European law firms and to try to learn from each other’s experience.
Mar 18, 2025
The rapid evolution of artificial intelligence (AI) is affecting Canada’s energy sector. The advancement of new tools, particularly generative AI (Gen AI) resources, are forcing operators and governments to address legal gaps quickly and invest in new infrastructure across the hydroelectric industry. These changes are likely to result in significant benefits to the Canadian economy, driving billions of dollars in investment and ushering in a transformative shift in the workforce.
9. Impact of DSA on US firms
10.
IBA 5th Silicon Beach Conference: From Start-Up to Exit
The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.
Trends in debt and equity terms during and following COVID-19
9. Change of control clauses in enforcement scenario
10.
7th Global Entrepreneurship Conference
Jan 19, 2024
At a global level, environmental, social and governance (ESG) considerations continue to have increasing relevance in M&A transactions. Undoubtedly, ESG factors have become key drivers in private equity (PE) and venture capital (VC) deals because a target’s strong ESG performance can increase its long-term value. On the other hand, a target’s poor ESG performance can create reputational and financial risks for the buyer. Because of this, it is crucial for PE and VC funds to assess ESG factors and the target’s alignment with them. With its Action Plan on sustainable finance, the European Commission has been a first mover, imposing a series of obligations and standards that have a direct impact on the European capital market, but also indirectly on markets in non-EU countries such as the UK and the US. When PE and VC funds operate in the European market and elsewhere they must now meet strong sustainability standards and expectations to attract capital and raise funds from investors in the Western Hemisphere. Obviously, in the global PE and VC markets, EU PE and VC funds are more affected than non-EU funds; however, beyond regulatory obligations, the impact of ESG factors and risks on mainly PE transactions can be attested. With regard to VC deals, the impact of ESG risks and factors is currently variable depending mainly on the size of the deal and the sector of the target. Best practice in PE transactions isn’t reflected as frequently in VC transactions with the exception of scale-up rounds where the size of the target and the size of the investments (including A rounds) increasingly require an ESG-oriented approach. Given the relevance of EU regulation and the scope of its application, this analysis is based on the European perspective; however, it is also applicable to non-European funds, which often market their funds into the EU, for example US and UK funds, and is often used as the reference framework of a market standard that is being created in the PE and VC industry. Considering the wide range of implications of ESG factors in PE and VC transactions, this legal analysis is focused only on non-listed companies.
By Charles (Xuchao) Feng. Compliance requirements and regulatory trends regarding the cross-border transfer of personal information in China
Antitrust/FDI scrutiny in tech industry consolidation
9. Best practices for due diligence on providers or deployers of AI
10.
8th Mergers and Acquisitions in the Technology Sector Conference
Feb 12, 2025
Interim measures in international arbitration are an important tool to protect the rights of parties, pending determination of the dispute by the arbitral tribunal. Therefore, the enforceability of interim orders granted by arbitral tribunals is critical.
The delivery of legal services is going through rapid changes and there are various factors that contribute to these changes. They include technological innovation, changes in the business environment and globalisation. For lawyers to thrive despite the changes in the legal industry and in the delivery of legal services, they must develop new approaches.
Apr 25, 2022
This article analyses possible implications of changes to the US Department of Justice’s enforcement policy for Indian companies.
A discussion of insurance coverage for legal fees and litigation funding (supportive or trolls in sheep’s clothing?)
9. Impact of DSA on US firms
10. Cloud contracting for the public sector - overcoming doubts and legal challenges
11.
IBA 5th Silicon Beach Conference: From Start-Up to Exit
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.
9 - Supply chain issues and dealing with conflicts in franchise, distribution and dealership systems
Moderators:
Martine de Koning,
Chris Effio
This roundtable will discuss the importance of supply chain integrity and the impact of expanding your supply chain internationally.
IBA Annual Conference Mexico City 2024
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