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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).
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.
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
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.
We will discuss the ethical issues for lawyers around non-disclosure agreements (NDAs), Strategic Lawsuits against Public Participation (SLAPPs) and other potentially predatory litigation.
Non-Disclosure Agreements (NDAs)
• Protecting legitimate interests or perverting the course of justice?
• When, where and in what form are NDAs acceptable?
• What types of clauses are unacceptable?
• What are the ethical obligations for lawyers drafting NDAs and advising clients?
• NDAs from the perspective of one client/litigant, Zelda Perkins, who said of hers ‘It is morally lacking on every level’.
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?
• Are we, as lawyers taking our professional and ethical obligations seriously?
• Is there a risk that legitimate claims are being branded as SLAPPs?
• What are our obligations to interrogate clients’ instructions and advise them on the risks?
2nd IBA Global Professional Ethics Symposium
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.
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Use of digital assets in financial transactions (custody, collateral, securitisation, derivatives, etc.)
IBA Annual Conference Mexico City 2024
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.
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.
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.
One of the world’s tallest freestanding structures, it boasts a rotating restaurant with 360-degree views of the iconic Toronto skyline, a glass floor and an observation deck.
10th World Women Lawyers' Conference: Driving Change
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.
- Austria: cum/ex Supreme Administrative Court VwGH 28 June 2022 Ro 2022/13/0002
- Canada: exchange of info Levett v CRA
- Denmark: Beneficial ownership EU law C-116/16 T Danmark and C-117/16 Y Denmark ApS.
12th Annual London Finance and Capital Markets 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.
This panel will be adversarial in style, looking at the case from all sides to provide a 360-degree perspective for the audience.
28th Annual Competition Conference
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.
How does that comport with recent case decisions including Thomas Barnes & Sons Plc v Black-burn (UK), Balfour Beatty Constr, LLC v GSA (US) and Walsh Constr v TTC (Canada)?
9th Biennial Conference on Construction Projects from Conception to Completion
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.
DiversityInclusionHumanRightsRuleOfLawIn 1857, in the case of Dred Scott v Sandford 60 US 393, a majority of the United States Supreme Court delivered one of the clearest examples of a judiciary breaching the rule of law.
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.
Dubai, United Arab Emirates
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.
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.
Moreover, recently, the UK Supreme Court delivered significant judgments on the law governing the arbitration clause and the power of English judges to issue anti-suit injunctions in the context of foreign-seat arbitration (Enka v. Chubb [2020] UKSC 38 and UniCredit Bank v. RusChemAlliance [2024] UKSC 30).
IBA Arb40 Symposium - The continuous pursuit of legitimisation and optimisation of international arbitration
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.
What is the future for retail parks v shopping centres and will we see more repurposing of retail destinations?
15th Annual IBA Real Estate Investments Conference
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.
Just like cars require regular inspections—whether it’s the MOT in the UK, the revisione in Italy, the TÜV in Germany, or the ITV in Spain—leaders, too, need a periodic check-up.
9th Global Entrepreneurship Conference
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.
This session will update the work of the UNCITRAL Working Group V as related to insolvency and civil asset tracing and recovery tools, while canvassing the availability and practical application of insolvency tools and remedies in the Americas.
IBA Annual Conference Mexico City 2024
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.
UNCITRAL Working Group V has started a project which may provide recommendations and the European Union is considering developing an instrument regarding asset tracing.
IBA Annual Conference Miami 2022
Mar 15, 2020
By Samar Abbas. Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd)
Tax rulings issued by 2 or more countries in a single procedure (ICAP of OECD and ETAX of EU)
Transfer of functions across borders where employees move
Intercompany financing: dissecting the findings in HMRC v. Blackrock and Singtel (Federal Court of Australia) cases)
Data collection and sale by related companies
12th Annual London Finance and Capital Markets 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.
- New developments on the arbitrability of disputes in Singapore after decision of Singapore Court of Appeal in Anupam Mittal v Westbridge Ventures II Investment Holdings
- Shareholder disputes, trust disputes, etc: limits to arbitrability (eg, India)
- Preliminary objections to challenge the validity of arbitration proceedings; multi-tier clauses (mandatory mediation), etc
- What will experiential luxury look like in a post pandemic world?
25th Annual IBA Arbitration Day: 25 years together and now? Building the arbitration model for tomorrow
Jan 19, 2024
In the recent case of Philipp v Barclays Bank UK PLC [2023] UKSC 25 in England, the Supreme Court confirmed that the Quincecare duty of care does not extend to circumstances where a customer gives explicit instructions to a bank to make a payment. This article considers the Philipp v Barclays Bank UK PLC case in more detail, revisiting the Quincecare duty of care owed by banks and the position at law going forward, including as a result of changes to laws and guidelines that have arisen in light of the facts in this case to address advance push payment fraud. It looks at key considerations for business customers and banks to ensure that they take proactive measures to align themselves with the evolving legal landscape.
In particular, the session will reference the work underway by UNCITRAL Working Group V on the topic of civil asset tracing and recovery in insolvency proceedings, and UNCITRAL insolvency texts, such as:
- the 1997 UNCITRAL Model Law on Cross-Border Insolvency;
- the 2018 UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments; and
- the 2019 UNCITRAL Model Law on Enterprise Group Insolvency.
IBA Asset Recovery Conference
Apr 28, 2023
A recent ruling of the United States District Court in Sarcuni v bZx DAO, No 22-cv-0618 (S.D. Cal. March 27, 2023), has raised more than an eyebrow amongst many in the decentralised finance community who, until now, largely believed that decentralised autonomous organisations (DAO), and those that sit behind them, were outside of the traditional legal system and as such, not exposed to corresponding liabilities.
A panel of experts will debate several timely issues relating to multilateral development bank (MDB) debarment and exclusion, including:
• The implications of Rosenkrantz et al v Inter-American Development Bank (3 June 2022) for MDB investigations and decisions, such as how systems are not contractually based.
19th Annual IBA Anti-Corruption Conference
In HMRC v Development Securities, the United Kingdom Court of Appeal (‘CA’) reinstated the first-tier decision that Jersey-incorporated subsidiaries of a UK parent were UK tax resident by reason of having their central management and control in the UK on the basis that they were simply following the instructions of a UK parent without themselves considering the merits of entering the transaction. This arguably constitutes a widening of the test of corporate residence for UK tax purposes.
In May 2024, the UK Supreme Court considered, in Invest Bank v El-Husseiny, whether the Court of Appeal reached the right decision in finding that where a debtor causes a company that he owns and controls to transfer assets in an attempt to frustrate enforcement action, those transfers can be challenged as transactions at an undervalue under section 423 of the UK Insolvency Act (which the UK courts have confirmed may have extraterritorial effect).
2nd Annual IBA Asset Recovery Conference
On 5 September 2018, the Court of Appeal of England and Wales issued its judgment in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited regarding the privileged nature of documents created in the context of an internal investigation. The case raised points of law of great significance and saw the Court of Appeal decide on a number of questions regarding litigation privilege
Dec 21, 2022
Earlier this year, the Cour de Cassation handed down Belokon v Kyrgyzstan (Cass. Civ. 1st, 23 mars 2022, n° 17-17.981). The Court’s decision appears to indicate that French courts are prepared to take a more interventionalist role in setting aside arbitral awards, where public policy concerns are raised. An interesting comparison can be made with the position in Mauritius following Betamax Ltd v State Trading Corporation [2021] UKPC 14.
The “mini” Anton Piller (or stand and deliver) order will be considered together with the sealed and gagged disclosure order against a solicitors’ firm (such as in Republic of Haiti and others v Jean-Clause Duvalier and others).
What remedies are available under the civil law tradition to achieve a similar aim?
2nd Annual IBA Asset Recovery Conference
Jan 06, 2022
This article explores redress for the family of a woman denied adequate maternal healthcare following a long legal process both domestically and internationally through the Committee on the Elimination of Discrimination Against Women (CEDAW).
The panel objectives include
(i) discuss the potential risks and benefits for US businesses operating under reduced regulatory scrutiny;
(ii) analyse how foreign companies, particularly those listed on US stock exchanges or using the US banking system, are affected by the FCPA pause;
(iii) explore the response of foreign regulatory bodies and the potential for increased enforcement by non-US jurisdictions;
(iv) investigate the broader implications for global anti-corruption initiatives and the role of international cooperation in maintaining enforcement standards;
(v) discuss the potential for other countries to fill the enforcement void left by the US federal enforcement.
21st Annual IBA Anti-Corruption Conference
Dec 15, 2021
Remote working from anywhere in the world is a reality for many employees, thanks to the technological advances and cultural shifts that we have seen during the Covid-19 pandemic. In purely legal terms, however, national borders and physical presence still matter: the Italian social security and tax rules represent a notable example of the application of the ‘Territoriality’ principle, which is common also at European level.
Security in tech M&A (escrows, guarantees, holdbacks)
22. Share deals v. asset deals
23. Employee issues in tech M&A deals
8th Mergers and Acquisitions in the Technology Sector Conference
Apr 01, 2021
This article sets out the Dutch Supreme Court’s decision of 29 May 2020 in the Stolt Commitment v Thorco Cloud case.
Cast your eyes to the recovered historic wall of the City of Paris in the Charles V Hall, then with your wine in hand you can either stroll down the boulevard cafes of our version of the modern Champs Élysées to dance the night away or sample the traditional market stalls of La Belle Époque and classic Parisian entertainment.
IBA Annual Conference Paris 2023
Mar 10, 2021
The UK Supreme Court has handed down its long-awaited judgment in Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd), which clarifies the English law on arbitrator bias and is now the leading case on this issue. Perhaps most significantly, the Supreme Court established that an arbitrator has a duty of disclosure, and that breach of this duty could be evidence that he or she was not acting fairly and impartially, justifying removal under the English Arbitration A
The panelists will discuss recent M&A developments and hot topics arising around the world
20th Annual International Mergers & Acquisitions Conference
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