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Mar 22, 2022
As global powers grapple to contain the Ukraine crisis, Global Insight assesses whether the conflict could be a watershed moment for international anti-corruption efforts and the fight against autocracy.
IBA Global Insight October November 2017: The absolute prohibition of torture is routinely flouted around the world, with many states failing to prevent it or bring those responsible to justice. An IBA and United Nations panel discussion moderated by the BBC’s Owen Bennett-Jones emphasised the importance of reaffirming torture as a human rights violation.
Human Rights: Can we go it alone? Thursday 10 September - Following the General Election, a national debate has arisen in the UK regarding the suitability of the Human Rights Act and the country's relationship with the European Court of Human Rights and the European Convention on Human Rights. For our 20th Anniversary Speaker Session, the IBAHRI delved deeper into this debate by asking whether regional mechanisms are an essential part of human rights protection, or can countries 'go it alone'?
A webinar presented by the IBA Arts, Cultural Institutions and Heritage Law Committee, 30 June 2020
Jun 28, 2022
In Poland, pregnant people face heightened scrutiny following an order from the Health Minister, signed in early June, requiring doctors to register all pregnancies in the country. Information collected will include past or current illnesses, medical visits, treatment and blood type. In light of Poland’s near-total abortion ban, there are fears the register could be weaponised to monitor pregnancy outcomes and persecute women suspected of having abortions or suspected abortion providers – particularly as the information can be accessed by the Polish prosecutor’s office through a court order.
The IBA was established with the aim of protecting and advancing the rule of law globally, and to contribute to global stability and peace through the administration of justice. Mediation has a strong connection with the administration of and access to justice, indicating that it is consistent with and should have a significant role to play in advancing the aims of the IBA.
At a time when we witness inconsistencies between the perceived roles and principles of various governments versus their actual practises, including with the efforts of institutions such as the International Criminal Court and the International Court of Justice being ignored or treated with contempt, and with threats and intimidation directed towards their officers, which arguably interferes with their independence and adversely impacts the rule of law, do we simply accept that vested interest when combined with absolute power is unassailable and that the highest adjudicative facilities can in effect be rendered impotent? Does mediation have any role in such situations? There may be no definitive answers, but the impact of current events on access to justice and the rule of law warrants engaging experts with experience on the frontline of intense international disputes to consider these questions.
IBA Annual Conference Mexico City 2024
Jun 20, 2022
The recent 5G spectrum auction in Nigeria has raised expectations that 5G services will soon be launched across the country. This article highlights some of the challenges to the deployment of 5G networks in Nigeria and the conditions set for the licensees regarding the rollout.
As of 2025 the EU’s Omnibus package promises to simplify sustainability rules in Europe, but is it a game-changer or a step back? With fewer reporting obligations and delayed deadlines, are we making ESG more effective — or just easier to ignore? Does this simplification risk diluting ESG commitments of Europe evidencing the new turn? Join the debate on what this means for business, investment and Europe's green ambitions.
ESG: the Brussels Effect at a crossroads
It’s been a busy time since the Paris Agreement was finalised at the end of 2015. Governments have continued to grapple with finalising the rules for the Agreement ahead of the deadline for adopting them at December’s annual climate talks. Much of the focus has been on how governments are implementing their pledges, but increasingly non-state actors are filling the void left by leading states, particularly in the wake of President Trump’s rejection of the Paris Agreement.
The issue of climate change is affecting all parts of Society and the delivery of legal services within this ever-changing world is a huge regulatory and ethical issue.
The panel will discuss 3 distinct areas in relation to the lawyer competence, lawyer discipline and ethical rules surrounding the delivery of legal services against a backdrop of “greenwashing”. The conflict between the client’s interest and a lawyer’s ethical obligations will be discussed.
IBA Annual Conference Paris 2023
Nov 27, 2024
This article reviews the development of emergency arbitrator proceedings (EA) internationally in institutional arbitration rules and in national laws since the ICDR Rules first offered EA in arbitration in 2006, including the forms of urgent interim relief available in EA pending the constitution of an arbitratlon tribunal. Among other topics, it reviews why parties choose EA, the interaction of EA with national court systems, provides a comparison between EA and national courts’ proceedings including as to cost, the types of interim measures available, coercive powers to require compliance, their respective scope as to third parties, whether ex parte applications are permissible, the enforceability of interim relief orders, the nature of the order or award and whether a binding decision is made in EA, and the approach of jurisdictions to enforcement of orders made in EA. The article provides statistics as the uptake and use of EA proceedings from 2020 to 2023 in ICC, SIAC, HKIAC, SCC and LCIA arbitrations and reviews the different approaches to the substantive standards for granting relief in EA proceedings. It discusses EA relief and performance bonds. Finally, it reviews the considerations relevant to the future development of EA.
Dec 22, 2021
As a result of the Covid-19 pandemic, the requirement to work from home and not attend the office was enforced across each country within the Gulf Cooperation Council (GCC) to prevent the spread of Covid-19. However, following the rollout of the Covid-19 vaccine, there has been a relaxation on this requirement to work from home and many employees have returned to work. This article considers the factors that GCC-based employers should bear in mind in terms of vaccination protocols and/or a return to office-based working.
As ESG committments have proliferated, so have related litigation and enforcement. Overpromising and underdelivering has proven costly in a range of litigation, such as shareholder and citizen suits, as well as government investigations and enforcement. ESG-related disputes transcend greenwashing claims and also involve challenges to various relevant standards and practices. This panel will offer global perspectives on recent disputes- related developments and address strategies for mitigating ESG risks, including essential roles for legal, compliance, and other professionals.
ESG: The Role of Lawyers Today and in the Future
Dec 22, 2021
This article takes a look at the extent to which UK employers can insist on Covid-19 vaccination, and/or testing, as a condition of employment, or visiting the workplace, and any associated risks.
Many large mergers and acquisitions are abandoned before closing because of value-creation, regulatory and political issues. Even pre-pandemic, a McKinsey survey of the period 2013-2018 showed that 10% of large M&A deals failed. The pandemic worsened this: by September 2020, 82 deals had been abandoned (vs 58 transactions in same period in 2019). Prior to LVMH initially pulling out in September 2020 of its US$ 16n,2 billion takeover of Tiffany (initially announced in November 2019) invoking a French government order following a spat between the Trump administration and France over tariffs on luxury goods, L Brands Inc. and Sycamore Partners had litigated before agreeing ultimately in May 2020 to cancel the take private of Victoria Secret. Following court hostilities, Tiffany and LVMH settled on new deal terms in October 2020 with a 2.6% cut on the price per share, and the litigation was ultimately settled in January 2021. The September 2020 offer by Nvidia for Arm was declared dead in February 2022 following a FTC lawsuit and opposition from the regulators in Britain. The German government blocked the acquisition of a German semi-conductor manufacturer by a Chinese buyer in late 2022. Things in the Microsoft’s acquisition of Activision Blizzard are equally getting heated as three regulators line up against the deal. A panel of experience deal makers with Texposuruesday 17 Januarye to busted but also to successful deals will give you their view as to do’s and don’ts.
38th IBA International Financial Law Conference
Dec 01, 2021
The UAE maritime industry is still facing unsolved situations related to wrecks and abandoned vessels, whereby some of these vessels still have their crew on board. These vessels have been abandoned by the owners, or have been judicially arrested for ongoing litigation before the court.
In this session, we will discuss the challenges and opportunities private companies and entrepreneurs face as they launch businesses in a country that is not their homeland, and expand internationally amidst increasing geopolitical complexities. In a context of global order shifts, companies and entrepreneurs must navigate rising tensions between major powers, evolving trade policies, nationalistic policies, and the implications of economic sanctions. Panellists will discuss how businesses can adapt to these changes, from restructuring supply chains to managing risks tied to political instability. Attendees will gain insights into the strategies companies may employ to safeguard their global ambitions in uncertain times.
Key discussion points will include:
- The growing importance of understanding regulatory environments and compliance standards in foreign markets;
- the role of government relations;
- risk assessment in an uncertain environment;
- the importance of building resilient operations across multiple regions;
- the future of globalisation, considering how trends like de-globalisation and regionalisation may impact private companies' expansion strategies.
IBA Annual Conference Toronto 2025
Oct 11, 2021
Even before the European Commission published its long-trailed carbon border adjustment mechanism (CBAM) proposal in July, overseas opposition to the plan was brewing and exporters were nervous. The proposal – which still needs to progress through the European policymaking machine before implementation – was met with the expected outcries from Russia and China, and with nerves in Australia.
As regulatory requirements and ethical expectations continue to rise, the discussion will focus on how far companies should go to ensure compliance and best practice, including corruption, anti-money laundering (AML), labour, environmental, and human rights standards.
IBA Annual Conference Toronto 2025
United States antitrust enforcers have held off on rigorous enforcement actions of some of the largest US technology companies for years, but now the tide is turning. This year, the FTC launched the Technology Task Force and the Division opened investigations into online platforms. Areas of likely increased antitrust scrutiny, and potentially enforcement include the collection and use of Big Data and the review of acquisitions of nascent competitors.
In the last year, the efficiency and neutrality of international arbitration has been questioned by courts, civil society and policy-makers. Civil and criminal actions against arbitrators have unfortunately become frequent. Arbitral awards have been set aside because arbitrators, allegedly, have failed to perform their duties. In the investor-state regime, several states have expressed concerns towards the system. The Energy Charter Treaty’s future is at stake. This panel will address some of these concerns and answer the question: are we doing something wrong?
Arb40 Symposium - international arbitration endangered
Dec 15, 2021
The Covid-19 pandemic has substantially changed certain paradigms concerning employment relationships, especially about the interaction between employers and their employees. This article looks at the debates surrounding the issue of the vaccination of employees in the Brazilian context.
After ten years of uncertainty, a proposal to build a new nuclear power station in the UK has finally been given the go-ahead by UK Prime Minister, Theresa May. The project at Hinkley Point in Somerset, originally launched a decade ago, has had a number of false starts since French energy giant EDF first agreed to construct the new power station, promising electricity from Hinkley by 2017. Ten years on and the plant may finally start to be built.
Should I stay or should I go now: Navigating global sanctions on Russia
Nov 29, 2024
AI, particularly generative AI, has the power to reshape the legal industry by automating repetitive tasks; improving accuracy; and allowing lawyers to focus on higher-value, strategic work. The potential is immense: firms can reduce costs; increase efficiency; and deliver better value to clients – all while driving firm profitability. But what does this shift mean for the largest employment sector for lawyers – firms themselves? Law firms now face a dual challenge: adopting AI to meet client expectations while ensuring junior lawyers are trained and equipped to thrive in an AI-enhanced legal landscape.
Humans have constantly migrated through the centuries, and often such moves are driven as much by events at home as much as by the attraction of a new place. Expatriation and pre-immigration planning have long been key concerns for international wealth planning. Different considerations today can drive migration, but for those families looking to lower their overall effective tax rates a permanent move must follow a process and sometimes comes with an initial fiscal cost. In this session we focus our discussion on departure rules and tax implications when leaving a jurisdiction. We also consider whether the clients might be at risk of not truly severing tax residency ties particularly where they still have family and businesses in the original jurisdiction.
29th Annual International Private Client Tax Conference - Navigating the private client world in turbulent times
May 30, 2022
The Covid-19 pandemic coincidentally fostered the increasing usage of remote digital technologies like online video conferencing, multimedia presentations and real-time electronic texts in dispute resolution. Despite the remote technology boom, when it comes to the application of broadly phrased ‘AI technologies’ in arbitration, the feeling is that we are navigating uncharted waters. This article aims to introduce a Chinese perspective. Exploring the status quo and the prospects of integrating artificial intelligence (AI) technologies into arbitration, it delineates the emerging new legal ecosystem driven by the interaction of AI and law. In particular, it considers to what extent the development of Chinese internet courts and smart courts could shed light on the integration of AI technologies into the realm of arbitration and the challenges – jurisprudential and ethical – such integration might entail. The article ends with the observation that although AI might never become a constitutive part of the legal profession in the sense of AI technologies, independently of humans, providing legal services or making final binding decisions, this remains a technical possibility and its deep application comes with a variety of ethical implications.
This session will first delve into the question of how human rights activities can obtain sufficient resources to maintain prolonged litigation in a world of finite resources. The session will then turn to consider the very real physical and psychological costs of acting in such cases (given traumatic subject matter), risks to security and limited prospects of implementation.
IBA Annual Conference Mexico City 2024
Highlights of the webinar held on 9 June 2020, discussing the best strategies for dealing with and coming out of lockdown, and what lies ahead.
This session will discuss the following topics in light of sanctionsrelated provisions commonly found in financial contracts:
• economic and financial sanctions in different parts of the world;
• implications of the extraterritorial effects of sanctions;
• impact of the sanctions against Russia;
• blocking statutes and their relevance; and
• are we expecting a movement from regulation to enforcement, and what does this mean for lenders and borrowers?
4th Asia-based International Financial Law Conference
Apr 12, 2024
The Bulgarian Communications Regulation Commission plans to reinstate the asymmetrical regulation of access to telecom physical infrastructure for the deployment of electronic communications networks, which was withdrawn in its last market analysis of the wholesale local access market in 2019.
This session will explore the growing provision of traditional legal services by non-lawyers or other licensed categories and how the profession is evolving. We will also have a discussion about sandbox and innovative activities.
IBA Annual Conference Toronto 2025
Nov 24, 2021
The Court of Appeal, in favour of five companies within the Privinvest Group and against the Republic of Mozambique, has overturned the decision of the Commercial Court in the litigation arising out the ‘hidden debt’ scandal. It ruled that, where parties have entered into an arbitration agreement, their disputes falling within the arbitration agreement should not be decided in the courts, regardless of nature and including connected allegations of bribery. The decision is important to advisers and companies involved in international arbitration and litigation
Constitution and Governance Committee Officers only.
By invitation only: IBA Mid-Year Leadership Meetings 2023
Joao Ascensao’s article draws a line between the concepts of balanced risk allocation in contracts and balanced standard conditions of contract in the context of the construction industry.
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
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.
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
Legislators and regulators have intensified their efforts to drive social media platforms towards ‘good behaviour’ in response to concerns about the harms they cause, as Global Insight reports.
In this session we will review common areas of focus for people leaving the US, whether they are citizens, green card holders or mere tax residents. We will cover the impact of emigration on their personal assets as well as the effect on their various entities: from LLCs and grantor trusts, to corporations and settlements. As a counterbalance to the US angle, we will have panelists from key jurisdictions discussing how local laws and tax rules will affect the incoming US person.
IBA Annual Conference Miami 2022
Tax issues relating to highly regulated industries
Report on conference session at the IBA Taxes Committee conference, The New Era of Taxation: what you need to know in a constantly changing world. Kate Amirault
The IBA Forum for Government and Public Lawyers was established this year, making it the IBA’s newest committee. The forum aims to provide a home for government and public lawyers from around the world.
This inaugural session will focus on the role and practice of the government and public lawyer, including around the values and objectives that ground public service, ethics and specialist skills, as well as consideration of public international law developments.
The session will be of particular interest to practitioners working in legal departments in local, national and international government and public bodies, including Parliamentary counsel, but will also provide a fascinating insight into the work of government and public lawyers for private sector lawyers.
IBA Annual Conference Paris 2023
Bitcoin has been around since 2009, gradually increasing in value over the years under most people’s radar. In a timespan of barely two years, however, the world witnessed the meteoric, rise and subsequent price correction of bitcoin and hundreds of other cryptocurrencies, altcoins and tokens.
IBA Annual Conference Paris 2023
Mar 19, 2025
Global Insight assesses the movement away from a ‘world wide web’ towards national internets where the rules for content are widely different.
The IBA Forum for Government and Public Lawyers was established in 2023, making it the IBA’s newest committee. The forum aims to provide a home for government and public lawyers from around the world. This session will focus on the opportunities and challenges for government and public lawyers, covering issues including political pressure, ethics, specialist skills and work-life balance. The session will also provide fascinating insights into the work of government and public lawyers for private sector lawyers. The session will be of particular interest to practitioners working in legal departments in local, national and international government and public bodies, including parliamentary counsel.
IBA Annual Conference Mexico City 2024
Jan 12, 2024
The European Regional Forum (ERF), in particular its Professional Wellbeing Working Party (PWWP), organised a session on lawyers' wellbeing and ways in which we can make our law firms become better working environments. This session was additionally organised with the support of the IBA’s Presidential Task Force on Mental Health and wellbeing and the Professional Ethics Committee; it took place at the IBA 2023 Annual Conference in Paris.
IBA Annual Conference Mexico City 2024
Nov 14, 2024
A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.
An open meeting of the Forum for Government and Public Lawyers Committee where committee members and those interested in joining the committee, are invited to learn more about the extensive activities of the committee, provide feedback and collaborate about new ideas and initiatives
IBA Annual Conference Toronto 2025
Aug 30, 2023
The US Supreme Court recently ruled on two high-profile cases brought by family members of terrorist attack victims, who alleged that social media algorithms stoked violence.
Government and public lawyers are usually subject to the same ethical rules as private practitioners. However, government and public lawyers face conflicting duties, and their obligations as lawyers can clash with their obligations as civil servants. So, there are some unique challenges for government and public lawyers who must navigate their professional obligations, national laws and public sector codes.
IBA Annual Conference Toronto 2025
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.
This panel will explore the evolution of online viral sensations and influencers including discussion of their unique legal and business challenges faced as entertainers and product/sales professionals.
The panel includes Jordan Matter, an American YouTuber with over 24 million subscribers and over 8 billion views, and Yazmin Yeara, a successful Dominican Republic on-line influencer and cosmetic product developer.
On-line content providers and influencers are surpassing traditional entertainment and sales industry professionals in revenue production which in turn creates new challenges. The panel will also discuss sophisticated IP strategies now required of such professionals. Knowing this industry is critical for legal professionals to serve clients in this exploding area of business.
IBA Annual Conference Mexico City 2024
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