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This workshop will explore the impact of global macro-economic trends and geopolitical situation on (i) market access, (ii) product design and (iii) fundraising in traditional and alternative structuring jurisdictions. This workshop will also cover the regulatory trends and challenges to overcome with respect to utilising offshore financial centres.
21st Annual International Conference on Private Investment Funds
This episode – ‘G’ for Guantanamo voices – is dedicated to two powerful people: Mohamedou Ould Slahi and Nancy Hollander, who have both helped to shine a light on the humanitarian and human rights catastrophe that is Guantanamo Bay.
In the last years, we have seen several Latin American companies filing for Chapter 11 in United States instead of filing for reorganization in their own countries and then seeking protection in the US under Chapter 15. This panel will address the reasons for such trends, focusing on the advantages and disadvantages of each of such strategies (Chapter 11 vs. Chapter 15), as well as on cultural matters.
IBA Annual Conference Miami 2022
The 21st edition of the Monitor covers topics including a fire in Moria refugee camp forcing refugees ill with Covid-19 to flee and the growing crisis for worldwide refugee camps, the effect on low-income earners, including redundancies and homelessness and the difficulties for those living with disability in the reopening of schools.
The latest issue of the IBAHRI Covid-19 Human Rights Monitor contains updates on gender-based violence and women’s health in India and Northern Ireland. Also: refugee camps, including the Kakuma Refugee Camp in Kenya, which has no reported cases of Covid-19 to date.
An open meeting of the IBA Global Employment Institute held to discuss matters of interest and future activities.
IBA Annual Conference Miami 2022
The International Bar Association’s Human Rights Institute (IBAHRI), in conjunction with the Anti-Torture Initiative (ATI), has written to Turkey’s President, Recep Tayyip Erdogan, condemning the conviction of 11 members of the Turkish Medical Association (TMA) Central Council on terrorism charges.
IBA Annual Conference Mexico City 2024
Jan 03, 2023
The Anti-Corruption Law was first regulated, at the federal level, by Decree No 8,420 of 18 March 2015. On 12 July 2022, more than seven years later, Federal Decree No 11,129 of 11 July 2022, which regulates Anti-Corruption Law and repeals Decree No. 8,420/2015, was published by the Brazilian government. This article provides a detailed overview of the new Decree.
Legislation tackling modern slavery is clearly spreading around the world, placing varying obligations on companies over a certain threshold (and individuals within companies) to report, disclose, mitigate, and remediate risks and instances of modern slavery in local and complex domestic and global supply and value chains. This legislation targets medium to large companies as they are often the producer of goods and services tainted by human rights violations, with penalties for breaches and failure to notify. This session will examine the current and predicted future of modern slavery legislation, the obligations it places on multinational organizations, the technological solutions available to companies and their legal advisors to comply with such obligations and jurisdictional and cultural differences in the implementation and the enforcement of such obligations. In particular, this session will demonstrate how AI solutions will revolutionize both the visualization of human rights violations and drafting of contracts to assist in- house, corporate, human rights, employment and criminal lawyers and their clients in complying with these new statutory duties- noting that this technology can apply to other legal/ social issues like environmental ones.
Points to be covered include:
1. Current statistics on modern slavery across regions
- revisiting the numbers e.g. number of potential modern slavery victims in England and Wales hits record high and report on Global Estimates of Modern Slavery: Forced Labour and Forced Marriage
- revisiting where the risks lie – the Global Slavery Index Report 2023: Resources | Walk Free [walkfree.org]
2. Update on the maturation of existing modern slavery laws and advocacy: California Transparency Act 2008, UK Modern Slavery Act 2015, Australia Modern Slavery Act 2015, France 2017, Brazil’s Lista Suja (‘Dirty List’).
3. Consideration of newer modern slavery laws (both passed and proposed) eg. Canada (with far reaching powers, and criminal liability), Netherlands, Switzerland Conflict Minerals and Child Labour Due Diligence Ordinance, Norwegian Transparency Act 2022, Germany - Supply Chain Due Diligence Act, Spain draft bill, EU Directive, and consideration of laws in Asia/Africa/South America.
4. Modern slavery risk in M & A transactions
IBA Annual Conference Paris 2023
Feb 17, 2023
Report on the session of the Insolvency Section of the Latin American Regional Forum at the IBA Annual Conference in Miami
A joint open meeting of the IBA Global Employment Institute, Employment and Industrial Relations Law Committee, and the Diversity and Equality Law Committee, held to discuss matters of interest and future activities.
IBA Annual Conference Paris 2023
A webinar presented by the IBA Insolvency Section, 8 September 2020, 1400-1500 BST
This article is aimed at providing detailed information about the procedures and pertinent details of rehabilitation or Chapter 11 proceedings of Korea regarding shipping companies.
Business travellers, digital nomads, remote workers: to visa or not to visa, this is the question!
Jun 27, 2022
Report on session at 6th IBA Global Entrepreneurship Conference, 16 – 17 May 2022, presented by the IBA Closely Held and Growing Business Enterprise Committee
IBA Annual Conference Mexico City 2024
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.
An open committee business meeting where all members and Officers are invited to learn more about the current and upcoming activities and developments of the Committee.
IBA Annual Conference Toronto 2025
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.
DiversityInclusionHumanRightsNow that the pandemic is endemic, remote work issues have become vexatious for both employers and employees. Both employers and employees are struggling to make sense of today’s application of pandemic employment, immigration, compensation/benefits/rewards, tax, discrimination and diversity practices.
This panel will address those issues and offer both legal and practical solutions and best practices for employers in their quest to retain talent post-pandemic without compromising future business imperatives brought on by potential industry downturns. Employer compliance, business demands and employee health and welfare will be addressed by discussing risks and benefits, needs and wants, law versus policy and current employment practices against possible terminations. Immigration, tax, employment, and compensation/benefits issues have never been so complex.
This is a time to take stock of worldwide employment rules and practices and consider how the future of employment/immigration/tax law will adapt to a world in need of talent during a period of significant and likely continued uncertainty.
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.
Digital nomads are on the rise and in order to benefit from this new phenomenon, companies need to address the many associated challenges: employment law, visa issues, taxation, etc. The session aims to give useful insights from all of these view angles and to shed light on this somehow untangible phenomenon.
IBA Annual Conference Toronto 2025
An open meeting of the India Working Group held to discuss matters of interest and future activities.
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.
An open meeting of the India Working Group, held to discuss matters of interest and future activities.
IBA Annual Conference Paris 2023
Jun 02, 2021
While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.
IBA Annual Conference Mexico City 2024
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
An open committee business meeting where all members and Officers are invited to learn more about the current and upcoming activities and developments of the Committee.
IBA Annual Conference Toronto 2025
Daniel G Swanson and Thomas Janssens provide a Co-Chairs' Note for the Antitrust Committee, February 2020.
Constitution and Governance Committee Officers only.
By invitation only: IBA Mid-Year Leadership Meetings 2023
In March 2019, the UK Parliament was due to debate a Bill requiring the UK’s crown dependencies – Jersey, Guernsey and the Isle of Man – to introduce public registers to bring about greater transparency in the hope this would prevent illicit financial flows
The Co-Chairs of the Constitution and Governance Committee Working Groups are invited to attend this meeting.
By invitation only: IBA Mid-Year Leadership Meetings 2023
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.
IBA Council and Management Board members, LPD and SPPI Council members, D&I Council members, BIC Officers, HRI Co-chairs and Bar Executive Officers are expected to attend.
By invitation only: IBA Mid-Year Leadership Meetings 2023
Mar 04, 2022
Questions have arisen as to the impact of growing compliance requirements on the practice of arbitration, allowing compliance to find its place in the field of arbitration. This growing importance first raises the question of the arbitrability of compliance law, then of the impact of compliance on the arbitration activity itself, and finally demonstrates that arbitrators have become actors in implementing and respecting compliance requirements
HumanRightsOn 16 February 2021, the European Court of Human Rights held that the non-punishment principle is a component of States' obligation under Article 4, the prohibition of slavery, servitude and forced labour. The principle stipulates that the involvement in unlawful activities by trafficked persons which results from exploitation, should not be criminalised and punished. Such unlawful activities include both 'specific forms of exploitation' that trafficked persons may be coerced to do (such as engaging in illegal work, drugs cultivation, or soliciting prostitution). The IBA has engaged on a project with the British Institute of International and Comparative Law (BIICL) to produce unique research of the principle through a comparative analysis of how the non-punishment principle is applied in law and practice across different jurisdictions. The session will look at how the principle is applied across different jurisdictions, and will discuss recommendations to improve the legislative provision and practical implementation, including through due diligence laws imposed on corporates. It will also reference a pilot program to train lawyers and law enforcement personnel on the principle of non-punishment and ancillary matters and the creation of a dedicated online platform on the IBA/BIICL websites which will contain which will host videos, podcasts and web links to interviews with experts and practitioners from NGOs, international organisations and multi-stakeholder initiatives accessible to the public, as well as to legal professionals.
IBA Annual Conference Miami 2022
Dr Evelien Bruggeman provides the second instalment of her article on BIM in the Netherlands, addressing the possible use of selection criteria for the BIM component, the award criteria for BIM and in particular the use of a BIM Execution Plan.
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!
Decarbonising oil and gas operations – let’s look at the contracts
Jul 21, 2022
The article analyses the validity of earn-out clauses and the legitimacy of the provision of a purely symbolic price in sale and purchase agreements.
There are multiple challenges and opportunities for the oil and gas industry in the current decarbonisation context whilst the demand for energy resources continues to grow. How can nimble and progressive regulatory and contractual frameworks contribute to making this transition fast, fair, equitable, sustainable and efficient, achieving climate, development and energy objectives? Discussion will focus on the regulatory/contractual challenges of the energy transition and on the role of oil and gas lawyers as they help develop social, technological, financial, fiscal and contractual frameworks and tools for decarbonisation. Hydrogen and CCUS legal instruments will be also be discussed in this session.
IBA Annual Conference Miami 2022
With the onset of the Covid-19 pandemic, the Philippine Supreme Court and Department of Justice have issued several measures aimed at helping the criminal process adapt to the quarantine, and expedite processes involving incarcerated persons and overcrowded prisons. These measures also address long-awaited reforms. Their imposition affirms the ability of the Philippine criminal justice system to rise up to the challenge of modern technology, and several practitioners have expressed support in adopting...
An open meeting of the Oil and Gas Law Committee held to discuss matters of interest and future activities.
IBA Annual Conference Miami 2022
Jun 18, 2021
The International Bar Association (IBA), the global voice of the legal profession, applauds President Joseph R Biden’s decision to donate 500 million COVID-19 vaccines to struggling nations.
The investor space for oil and gas assets and companies continues to change, driven, amongst others, by ESG requirements, commodity price fluctuations, access to debt and equity financing and host government initiatives. Who will be the owners, partners and financiers of the industry going forward? What types of deals are we likely to see driven by such investors? A number of important M&A and financing issues will be covered in this session.
IBA Annual Conference Miami 2022
Dec 01, 2023
Across a series of anonymised decisions issued within days of one another, the English Commercial Court (on three occasions) and the Court of Appeal (on one occasion, overturning a decision from the Commercial Court) have considered the availability of anti-suit injunctions (ASIs) in support of Paris-seated arbitrations where court proceedings were commenced in Russia.
With the increase in awareness of environmental rights, climate change litigation is rapidly evolving with novel claims and theories being tested around the world. At the same time, judicial doctrine and decisions are creating challenges for both plaintiffs and defendants, including governments and industries. What can we expect from climate-related litigation against oil and gas companies moving forward? What is the role of Alternative Dispute Resolutions (ADR) under Oil & Gas related disputes? These and other important climate litigation issues will be discussed by our panel.
IBA Annual Conference Miami 2022
Oct 29, 2021
Gender-based inequality is a battle women have historically waged in the social, economic and employment spheres. This article addresses, in particular, the phenomenon that women face in the labour market even today, being judged when taking up important jobs and not receiving equal pay to men in the same position.
The focus of this paper is the need for an integrated regulatory framework that aligns both sustainable and legislative policies for environmental governance in Nigeria.
This panel will look at the adequacy of how the regulatory framework addresses oil and gas industry data and ways to minimise data risks, promote equitable growth, and protect various interests. What tools are available to address the challenges of data protection? New trends in terms of regulation, investigations and emblematic cases will also be reviewed. The current status and concerns around data residency will be considered as well as new technological tools in the rendering of legal services, including artificial intelligence, due diligence processes and drafting of documentation.
IBA Annual Conference Paris 2023
Oct 21, 2022
Damages experts are essential to arbitral proceedings as they assist the arbitral tribunal in evaluating the appropriate level of damages in technical and industry matters. This article explores the role of a damages expert, including the purpose of the damages expert’s appointment, the scope of the damages expert report, key factors to consider when appointing a damages expert, and the factors that determine the acceptance of a damages expert report.
Finding the balance between decarbonisation, security of supply and a just energy transition in the oil and gas sector. A lawyer’s perspective.
The impacts of the Russian-Ukraine conflict on the energy matrix have changed the landscape of supply/demand and shown the world the importance of energy security. At the same time, an increasing number of global and local players are committed with net zero targets. The panelists will discuss what lawyers can do to support a fair and balanced transition of the oil and gas sector.
IBA Annual Conference Paris 2023
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