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IBA Global Insight April/May 2018 - Bullying and intimidation occur at ‘alarming levels’ in commercial law firms and diversity policies ‘have been found to be wanting’. Global Insight assesses why there is still so little progress.
The acquisition and ownership of professional sports clubs present unique tax and audit challenges, often compounded by regulatory oversight, complex revenue streams, and cross-border ownership structures.
Dec 11, 2024
This article provides insights into the main characteristics and recent developments that will enable Portugal to become a key player in the global outer space economy and enhance Europe’s role in this context.
The Youth Asset Recovery Club is a branch of the Asset Recovery Committee targeting the next generation of asset recovery professionals.
2nd Annual IBA Asset Recovery Conference
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.
While highlighting the distinct landscape of football club restructuring, the panel will also discuss creative strategies that might be implemented to successfully restructure a football club.
30th Annual IBA Global Insolvency and Restructuring Conference
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.
Club remuneration: a model for other sports, or a work in progress?
The session will discuss the players’ relationships with clubs and federations and will more particularly discuss injuries, player promotion and football calendars.
IBA Annual Conference Mexico City 2024
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.
The private equity industry in its early days, when funds were smaller, often clubbed together on larger deals – and in recent years there has been a resurgence.
IBA Private Equity Transactions Symposium 2024
7th IBA Asia Pacific Regional Forum Biennial 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.
This interactive session will explore the benefits (and costs) of remaining a privately held company as compared to embarking on a public offering. As we know, there can be considerable benefits, and hidden downsides, to having listed securities. We will explore what needs to be done to prepare for a successful public listing and the pitfalls to avoid. We will also explore the characteristics of those organisations that have successfully executed on their strategic objectives without going public.
IBA Annual Conference Miami 2022
Located in Frankfurt’s diplomatic quarter, Villa Merton is home to the Union International Club. Built in 1927, this neo-baroque town house now hosts Michelin-starred chef André Großfeld and his team.
8th Annual Corporate Governance 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.
Located in Frankfurt’s diplomatic quarter, Villa Merton is home to the Union International Club. Built in 1927, this neo-baroque town house now hosts Michelin-starred chef André Großfeld and his team.
9th Annual Corporate Governance Conference
Family law matters in general have been deeply affected in South Africa by the National State of Disaster, not to mention the overall burden experienced by women and children in particular.
Multi-club ownership (MCO) has grown significantly in soccer (and other sports) over the past five years and the trend isn’t slowing down.
IBA Annual Conference Paris 2023
Oct 02, 2023
Ghana is heavily reliant on its hydrocarbon resources for generating income. While there is continuing demand for energy resources, there is also a call for reductions in emissions and the petroleum sector is under pressure to clarify how energy transitions will affect its activities and organisational frameworks, as well as explain the ways in which it can contribute to mitigating greenhouse gas emissions. This transition to renewable sources has an impact on the petroleum market in Ghana as the landscape for oil and gas companies has profoundly shifted due to the countries and international organisations establishing climate change obligations. The effect of the transition is however yet to be greatly felt within the jurisdiction as hydrocarbons remain a major focus.
Feb 04, 2021
Governance issues, the impact of Covid-19 and a widening divide between rich and poor clubs are all threatening the ‘beautiful game’. Global Insight investigates how football can be saved.
Hop off in Torre Mayor, one of the tallest skyscrapers in Latin America to enjoy a cocktail in 51 Floor Private Club with a breathtaking view. An expert architect will share some highlights on some of the most emblematic buildings in the area.
IBA Annual Conference Mexico City 2024
For good or ill, football has become a significant part of our culture and who we are. As a result, national or regional governments show a desire to lend a helping hand to teams in their environments. This often takes place as a way of attracting foreign investors, who are enticed by the possibility of owning a football team playing in the world’s most prestigious football leagues.
Hop off in Torre Mayor, one of the tallest skyscrapers in Latin America to enjoy a cocktail in 51 Floor Private Club with a breathtaking view. An expert architect will share some highlights on some of the most emblematic buildings in the area.
IBA Annual Conference Mexico City 2024
Dec 05, 2023
This panel covered several important and current topics on the taxation of professional sports, with a special focus on football. The topics covered included: the international taxation of player transfers and loans; image rights; TV quotas; licensed products and bets; agent remuneration; tax residency issues and incentives; Brazilian ‘anonymous football societies’ and investment opportunities; and tax issues arising from investment structures.
• The bargaining power of federations versus that of athletes, clubs and governments: who has/is the most muscled body?
The Laws of Sports: fast and furious or stable and reliable?
Nov 03, 2022
The new Law of Football Corporations (SAF Law) brought unprecedented innovation and created new opportunities for investors wishing to enter the Brazilian football market.
Since last year, foreign investors have been acquiring stakes of traditional football clubs and negotiating the acquisition of rights to explore the Brazilian national league.
Annual IBA The New Era of Taxation Conference
Jul 20, 2023
An unprecedented Saudi spending spree and the arrival of private equity has radically shifted the profile of club ownership in sport – one that’s particularly acute in football. Global Insight assesses the implications.
Jan 05, 2021
‘Change is coming.’ Those were the words of Richard Masters, Chief Executive of English football’s Premier League, addressing UK Members of Parliament at a Department for Culture, Media and Sport Select Committee hearing in early November.
Nov 28, 2024
The Court of Justice of the EU has called into question the long-established football transfer system
Begin your journey in the Hacienda inspired “Havana Club Lounge” or make your way to the “Tropicana Room” where the stage and dance floor will explode with the flair of Latin American nightlife.
IBA Annual Conference Miami 2022
Competition in the market for the broadcasting of sports content has been a matter of concern for the Brazilian antitrust authority (Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica or CADE)) for the past two decades. During this period, CADE has undertaken investigations into negotiations between football leagues, content producers, channel programmers and pay-TV operators for the licensing of the transmission rights of major sports events
Under his editorship, the Financial Times won several prestigious awards for its world-class journalism, including being named ‘Newspaper of the Year’ three times, the British Journalism Awards, Gerald Loeb, Overseas Press Club, Society of American Business Editors and Writers and Society of Publishers in Asia.
IBA Annual Conference Miami 2022
This panel discussed the opportunities and challenges that are facing the internationally mobile athlete from the perspective of various jurisdictions.
Jul 22, 2024
An opinion, examining the compatibility of the FIFA transfer rules with EU competition rules, freedom of movement of workers and the Charter of Fundamental Rights, was handed down by Advocate General (AG) Maciej Szpunar of the CJEU on 30 April 2024. Whilst this is only the AG’s opinion and not yet the decision of the EU Court of Justice, we believe it is likely that the Court will follow the AG’s reasoning and conclusions.
At present, the use of a person’s image rights is a very sensitive issue that concerns various branches of law, including intellectual property law and data privacy law.
This issue becomes more crucial in view of the intensive development of technologies on data collection and exchange, as well as globalisation processes. It is especially crucial for sportspersons, whose images are widely used during the transmissions of sport games via the television or the internet
Welcome to a special edition of Business Law International
On 8 December 2017, the European Commission decided that the International Skating Union’s (ISU) Eligibility Rules breached EU competition law. The rules provided that an athlete could be sanctioned for participating in an event not authorised by the ISU. The Commission thus examined whether the rules unlawfully restrict competition under Article 101 of the Treaty on the Functioning of the European Union (TFEU) by establishing a pre-authorisation procedure for third-party organisers and imposing sanctions
This article aims to give readers a multi–jurisdictional overview of the law of various courts and agencies that have addressed professional sports broadcasting arrangements, including exclusive arrangements. It highlights some key areas of convergence, including for example the long-established efficiencies that can arise from both league-level broadcasting arrangements and exclusive production and distribution.
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.
Jun 10, 2020
The pandemic has stopped the world of sport in its tracks. With the first tentative steps to restart elite competition being taken, or considered, Global Insight assesses the wide-ranging implications.
Mar 04, 2025
An insightful discussion with IBA Secretary General, Deborah Enix-Ross
Jan 19, 2024
Gender equality in boardrooms is losing momentum. Some countries have already made efforts to compensate for the underrepresentation of women on boards through legislative action – an approach that is now also being pursued by the European Union with the adoption of the so-called ‘Women on Boards’ Directive (EU) 2022/2381. This article provides an overview of the regulations passed and sheds light on their background. It also compares the different national approaches to improving female representation on boards and their effectiveness, focusing on the goal of promoting long-term change in gender diversity.
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