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On 6 September 2018, the Indian Supreme Court handed down an historic judgment decriminalising gay sex in India. The ruling overturned Section 377 of the Indian Penal Code, a remnant of the colonial era which deemed that sex between men – and later extended to all LGBTI individuals – was a criminal offence, punishable by up to ten years in prison.
Litigating in the Asia Pacific Region
On 22 May 2015 the Government of the Republic of Ireland held a referendum to amend the Irish Constitution and legalise same-sex marriage. This amendment was approved by 62 per cent of the electorate (with 38 per cent voting against it) and therefore a country that was widely considered to be historically conservative became the first country in the world to legalise same-sex marriage by popular vote.
By invitation only: IBA Mid-Year Leadership meetings 2024
Apr 24, 2025
The International Bar Association’s Human Rights Institute (IBAHRI) condemns the Court of Appeal’s decision in the Republic of Trinidad and Tobago to recriminalise same-sex intimacy and overturn the 2018 ruling declaring section 13 and 16 of the Sexual Offences Act 1986 unconstitutional.
All IBA officers of sections, committees and fora are invited to attend this Q&A session on how to be a successful officer, best-practices guides by fellow officers, and the opportunity to network with other committee officers.
By invitation only: IBA Mid-Year Leadership meetings 2025
Apr 06, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) expresses deep regret that a challenge to the constitutionality of Section 337A of the Republic of Singapore’s Penal Code outlawing any act of ‘gross indecency’ between men, was dismissed by Singapore’s High Court on 30 March 2020. Homosexual activity between adults has been illegal in Singapore since 1938 following the implementation of the Penal Code under British colonial rule.
Alison Taylor, a Clinical Associate Professor at the New York University Stern School of Business and Executive Director of Ethical Systems, recently published Higher Ground. In an interview with Nicola Bonucci, Alison will examine her acclaimed book’s main themes, including why running a business has become so complicated and how businesses can act responsibly in the modern world.
20th Annual IBA Anti-Corruption Conference
In recent years, same-sex marriage has become emblematic of gay rights, and great progress has been made in a number of countries in the recognition of same-sex unions and same-sex marriage. This article takes a look at the legislation involved and the obstacles still left to overcome.
A dialogue between Andrea Appella and Professor Stefano Quintarelli.
The AI battlefields - How to navigate and overcome the legal challenges
The IBA’s first live webcast of 2015 featured Viviane Reding MEP, former EU Vice-President and the first Commissioner responsible for Justice, Fundamental Rights and Citizenship, broadcast live from the European Parliament on 17 March.
7th IBA Asia Pacific Regional Forum Biennial Conference
The IBA’s first live webcast of 2014 featured Michael Kirby, Chair of the UN Commission of Inquiry on Human Rights in North Korea. The former Australian High Court judge discussed the findings of the report, his methods of inquiry and what steps can be taken to bring accountability for the gross human rights abuses perpetuated by the Pyongyang regime. He also gave views on the global ‘war on drugs’, his work with the Joint UN Programme on HIV and AIDS and efforts to get worldwide reform for anti-gay laws
• How are athletes’ rights and duties taken into account in modern sport?
• Gender equality in sports today: is it the beginning of a new era?
• The fight against racism and violence and for integrity: the example of FIFA.
• The specifics of ethics in sports: tools and objectives.
• The fight against doping: an old fight looking for a better outcome today?
• Sport as a soft power: is it a political instrument to further peace?
• Sanctions in sports and international trade: are we talking about the same creatures?
The Laws of Sports: fast and furious or stable and reliable?
Q&A session with the IBA's President and Executive Director
The session will explore how the rules and practice of international trade are evolving, as reflected in the expanded use of trade defence tools such as trade remedies, safeguards, unilateral tariffs and countermeasures, the return of managed trade arrangements and the reordering of global trading blocs. The session will be practical and forward-looking; it will focus on what lawyers need to know to help clients structure their supply chains and the extent to which domestic courts and international institutions like the WTO can offer meaningful recourse to protect parties’ interests in rules-based trade.
IBA Annual Conference Miami 2022
This webcast and audience Q&A with Paul Rawlinson, Global Chairman of Baker McKenzie, covered law firm strategy and culture, as well as topical issues such as the potential effects of Brexit and a Trump presidency
Certain states and non-governmental organisations have voiced concerns about the use of international arbitration to resolve disputes involving complex environmental issues. Among the criticisms of investor–state arbitration is that arbitrators often fail to consider a state’s domestic and international obligations to safeguard the environment, sometimes even at the expense of the investors’ rights. Additionally, some jurisdictions in Asia have established arbitration-friendly legal frameworks, bolstering confidence for both Asian and non-Asian parties in selecting an arbitration seat. This Oxford-style panel will delve into these two issues. The house will provide some motions. One panellist will defend the motion and the other will rebut it.
• First motion: this house believes that the international arbitration legal framework is well-equipped to handle cases involving complex environmental issues.
• Second motion: ‘The Battle of Seats’ – this house believes that Asia-based seats will continue to increase in popularity in the coming decade.
IBA Arb40 Symposium: Salient issues in international arbitration
Dec 01, 2020
The International Bar Association (IBA) and the International Bar Association’s Human Rights Institute (IBAHRI) express disappointment and concern at the decision of the Holy See – the universal government of the Catholic Church – not to allow the conferring of blessings on same-sex unions. The IBA and IBAHRI urge reconsideration and the reopening of dialogue to eliminate discrimination...
This session will discuss developments in the practice of litigation, including: (i) the landscape of disputes involving new currencies; (ii) disputes that create a conflict between the creditor and the shareholder; and (iii) the funding of disputes.
A review of emerging themes in ADR (2023 version)
Aug 22, 2016
This webcast and audience Q&A with Funke Abimbola, General Counsel of Roche UK, explored the corporate compliance challenges facing the leading biotech company and the evolving role of in-house lawyers.
The interview examined the legal aspects of supporting Roche’s pharmaceutical R&D and healthcare strategies, addressing issues such as company operations, risk management, and diversity in the profession. The interview was conducted by the BBC's Sally Bundock.
- Commercial arbitration: non-signatories sought to be joined, what limits are there?
- Sports arbitration: avoiding ‘forced arbitration’ for athletes
- Can we escape an arbitration agreement (vitiated consent,termination, etc)?
- Investment arbitration: issues of consent
25th Annual IBA Arbitration Day: 25 years together and now? Building the arbitration model for tomorrow
The third IBA webcast of 2015 featured José Ugaz, Chair of Transparency International (TI), and was broadcast live on 10 June. Ugaz is one of the world’s leading anti-corruption lawyers, During his time as Ad Hoc Attorney General of Peru, Ugaz prosecuted hundreds of government officials. He led the corruption case against the former President of Peru, Alberto Fujimori, who is currently serving a 25-year prison sentence.
14th Annual IBA Real Estate Investments Conference
Oct 29, 2021
Over the past few months, the Court of Appeals of Milan has upheld the rights of same-sex couples in the areas of employment and pensions. In this article, two judgments that are particularly representative of developments in the recognition of equal rights for same-sex couples will be briefly commented upon.
The role of the courts in arbitration: an Asia Pacific perspective
Jun 06, 2016
This webcast with Drago Kos, Chair of the OECD Working Group on Bribery, covered timely issues in anti-corruption, including relevant aspects emerging from the Panama Papers as the OECD commenced the 4th phase of review under the OECD Anti-Bribery Convention.
The webcast was conducted by Jonathan Rugman, Foreign Affairs Correspondent at UK broadcaster Channel 4.
Whilst any lawyer will tell you that every M&A (mergers and acquisitions) transaction takes a course of its own due to its own individuality/sector, there are nevertheless a number of fundamental essentials which every M&A lawyer – whether newly qualified or otherwise – needs to know. During this session, our expert panellists will cover key topics which any newly qualified M&A legal professional can expect to encounter in their first years of legal practice, as well as sharing individual transaction challenges and successes.
The Fundamentals of International Legal Business Practice
The second IBA webcast of 2015 featured James Palmer, Senior Partner of Herbert Smith Freehills, and was broadcast live on 24 April. Discussion covered law firm management and strategy, and corporate governance among other themes.
RuleOfLawFrom the outset of the pandemic, barristers and advocates recognised and were supportive of the attenuations to the justice system, which were necessary to ensure that justice could be delivered in the circumstances, which prevailed. In that context, it was accepted that remote hearings were necessary to ensure that system of justice continued to function. These remote hearings and other arrangements were however introduced as part of an emergency response. There was no time to gather any of the necessary stakeholder requirements nor to consult, design, test and implement a reformed system that would ensure these requirements were met in a sustainable manner. Against this background, it should not therefore come as a surprise to find that, for some, although the reforms that have been introduced have successfully avoided justice grinding to a standstill, they have not achieved the necessary or optimal levels of suitability or practicability and have arguably weakened adherence to some core principles of justice. Indeed in several areas the changes introduced have been regressive, limiting and jeopardizing access to justice and introducing impediments to the proper conduct of court proceedings.
This session will examine the benefits and drawbacks of the new ways conducting trails during the pandemic and try and assess their overall impact. Speakers will reflect a variety of different jurisdictions and perspectives
IBA Annual Conference Miami 2022
Interview and Q&A with M Cherif Bassiouni, Chair, Bahrain Independent Commission Inquiry, at the IBA Annual Conference in Dubai. In discussion with Nick Clark of AlJazeera. Plus question and answer session
7th IBA Asia Pacific Regional Forum Biennial Conference
Jan 24, 2023
Grace Perez-Navarro is Director of the Organisation for Economic Co-operation and Development’s (OECD) Centre for Tax Policy and Administration. Here, she speaks to Global Insight about the key issues facing the OECD, from the implementation of its ‘Two Pillars’ tax reforms to ensuring that the interests of developing countries are protected.
This session will discuss developments in mediation, including: (i) the advancement of hybrid dispute resolution processes; (ii) the application of artificial intelligence (AI) in mediation; and (iii) ethics governing lawyers and mediators in a mediation process.
A review of emerging themes in ADR (2023 version)
Navi Pillay, United Nations High Commissioner for Human Rights, was the interviewee for a wide-ranging IBA webcast and Q&A, broadcast on Friday 30 May 2014 as part of the IBA's webcast series.
A South African of Indian Tamil origin, Ms Pillay served as the first non-white female judge of the High Court of South Africa and President of the International Criminal Tribunal for Rwanda before taking up her post at the UN in 2008.
A number of jurisdictions have enacted new restructuring regimes in the recent years. Such regimes provide different features, many times adapted to the particular circumstances of the applicable jurisdiction. The purpose of this panel would be to offer an oversight of certain of those restructuring regimes, and to assess, in the light of their applicable features, which ones would suit better equity holders, creditors, debtors, employees and other eventual stakeholders with an interest in the restructuring process.
28th Annual IBA Global Insolvency and Restructuring Conference - Restructuring vs Insolvency
Sep 14, 2022
‘Did you conduct an internal investigation at the time?’ This is how an investigating judge questioned our client during a first appearance hearing concerning 20 year-old facts.
Advancements in technology are changing lawyers’ work as we've known it. Whether the legal profession will successfully navigate the myriad of problems and opportunities arising in the digital space remains to be seen. AI ranks at the top of the IBA’s strategic plan and many other organisations’ priorities. This panel, composed of regulators, industry experts and lawyers, will delve into how the legal services landscape is changing amidst regulatory developments across various jurisdictions.
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.
IBA Young Lawyers' Committee Training: Becoming a champion
Aug 28, 2023
The Singapore government has recently announced that it will introduce a workplace anti-discrimination legislation in Parliament in the second half of 2024. Unfortunately, the proposed anti-discrimination legislation excludes prohibitions against discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC).
Defenders in decline: human rights lawyers at risk in Southeast Asia
On 17 March 2021, the Sapporo District Court handed down what is considered by many as a historic landmark ruling establishing that it is unconstitutional to bar same-sex marriage.
ESG regulatory developments and key issues in the Asia Pacific region
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.
As jurisdictions begin to implement Pillar 2 rules, multinationals and advisors are navigating unprecedented technical, operational and strategic complexities. This panel will explore the key challenges faced during the first year of implementation, from data readiness and safe harbours to transitional rules. Panelists will also share lessons learned, emerging best practices, and practical insights on how businesses are adapting to ensure compliance while managing effective global tax rates and avoiding double taxation.
IBA Global Insight April/May 2016 - human rights news from the IBA. Same-sex marriage: emblematic of gay rights and rule of law issues; IBAHRI publishes Annual Review 2015; Turkey: Tahir Elci death must be investigated amid questions over rule of law
Communicating across cultures involves recognising and bridging differences in communication styles, values and behaviours shaped by diverse cultural backgrounds. Effective cross-cultural communication is essential in today's globalised world, offering both significant benefits and potential challenges. The power of cross-cultural communication includes enhanced collaboration and teamwork, broader perspectives being introduced to enrich the decision-making process and market expansion for businesses. The risks and challenges of cross-cultural communication includes misunderstandings and conflict, stereotyping and oversimplification of cultural issues, and language barriers. By acknowledging the complexities of cross-cultural communication and actively working towards understanding and adaptation, employers can leverage the strengths of cultural diversity while mitigating potential pitfalls. Our speakers will discuss how we can assist employers in developing strategies for effective cross-cultural communication both internally and externally, and how we can enhance diversity and equality in the workplace.
Annual IBA Employment and Diversity Law Conference 2025
This article aims to analyse the lack of Argentine labour legislation and the current approaches due to doctrine, jurisprudence and employers’ practice for leaves of absence in the events of adoption and surrogacy, focusing also on the situation of non-pregnant female employees and the case of equal marriages or partners.
This session will explore the need, and potential requirements, for an international commercial court in Asia. The panel members will discuss the work of the Singapore International Commercial Court, the China International Commercial Court, the Dubai International Commercial Court, and the Qatar International Court to assess their development since inception and analyse their importance in the global marketplace. In addition, the panel members will discuss recent developments of other commercial courts across Europe and the Middle East with the aim to ascertain how effective these commercial courts have been in managing and resolving global disputes.
Litigating in the Asia Pacific Region
An interview with business and human rights lawyer, Stéphane Brabant, by Edie Hofmeister.
By their nature, international arbitrations involve lawyers, clients and others from multiple jurisdictions where ethical and the way in which lawyers practice can vary widely. This panel considers the impact of these differences from the perspective of both counsel and arbitrators in seeking to acknowledge how these differences can be highlighted to more efficiently resolve disputes.
IBA Annual Conference Miami 2022
Edie Hofmeister, Vice-Chair of the IBA Business Human Rights Committee, interviews the business and human rights lawyer Stéphane Brabant, a partner at Herbert Smith Freehills in Paris, about empathy in the corporate value system, putting forward new systems in business, and advice for new in-house counsel.
Closing the Chapter: A discussion around cross border enforcement of court decisions and arbitral awards
Apr 28, 2023
I. Stephanie Boyce on her 'interesting and unconventional' route to law, addressing diversity issues in the profession, in-house counsel, legal aid, law reform and litigation
This session will explore recent trends and practitioner best practices related to the acquisition of a listed company under the capital market rules of several jurisdictions.
IBA Annual Conference Paris 2023
Nov 14, 2024
A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.
This session will discuss the impacts of nearshoring and how it can affect companies worldwide and their businesses. Nearshoring became a key corporate strategy, with many companies giving priority to risk management over cost-effectiveness in their supply chains. Speakers from different jurisdictions will give their views and perspectives on the global nearshoring trend that is affecting many countries, including China as the world’s largest manufacturing base, and how it might bring many opportunities to Latin American countries. This session will discuss the potential shift of many companies to other countries diversifying supply chains depending on the industries. The panel will also discuss environmental, social and governance (ESG) considerations and geopolitical risks in investment decision making in connection with the shift in supply-chain strategies.
IBA Annual Conference Mexico City 2024
As the world of work changes and global best practices become mandatory, workplace fairness, equality and inclusion are important goals for every employer to pursue. Workplace discrimination occurs when an employee/individual is adversely discriminated against on account of race, colour, religion, sex, disability or genetic information. Using Nigeria as a reference, this article examines the boundaries in preventing and defending discrimination claims.
As China is determined to open itself up further at a high standard to the world and share market opportunities with other countries for a community of shared future for the mankind, a lot of uncertainties include the pandemic, change of climate and international relationship arising at the same time in today’s world will bring changes to the flow and activities of China’s outbound investment. The China session will review the new trends of China’s investment activities in the world and discuss the opportunities brought by the collision of such uncertainties of the world with China’s certainty of determination.
This session will provide a broader picture from global perspective of the new trends of China’s outbound investment and the related hot topics, trying to provide a vivid vision to the audience which goes beyond the specific legal issues in specialized legal areas. The discussion will focus on the changes of industries which attracts China’s investments, the social responsibilities that Chinese investors undertakes in the local community, the recent development in One Belt and One Road regions and the opportunities arisen from such changes and development. Meanwhile, the recent cases will also be studied during the discussion. The experts from China, Europe, America and Asia will be invited to participate in the discussion.
IBA Annual Conference Miami 2022
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