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Nov 25, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) is deeply alarmed by the removal of immunity from Judge Igor Tuleya by the Disciplinary Chamber of Poland’s Supreme Court on 18 November 2020 and condemns the action. The decision violates the international standards protecting and upholding the independence of the judiciary and constitutes judicial harassment.
The struggle to address the global access to justice and access to legal services crises continues, with the pandemic having taken its toll on those in need. Efforts to innovate and re-imagine the delivery of legal services have taken a new turn, one that includes permitting alternative business structures and professionals other than lawyers delivering legal services direct to consumers. In a growing number of jurisdictions, regulators and the organized bar have begun implementing limited, supervised testing of new methods of delivery via a policy tool called a regulatory sandbox. What is a sandbox and how does it work? Can it really increase access and do so in a way that preserves professional values and public protection? Experts directly involved with their implementation will tackle these and other questions.
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.
Two of the global fundamental rights are privacy and freedom of expression. The ability of the law to keep pace with technological developments is being challenged. Years ago, an invasion of privacy that appeared in print in a local area could be more easily contained and remedied than today, when a violation of one’s privacy can go “viral” and circulate for years on the Internet. Similarly, the ability of people to comment without fear of retribution has been compromised, as technology has facilitated what many call the “cancel culture.” These issues are playing out daily in North America. This panel looks at the impact of technology and the stress on traditional legal theories to protect these rights in the digital world.
IBA Annual Conference Miami 2022
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.
M&A and FDI in India — the key concerns and recommendations
The crisis caused by the Covid-19 pandemic has renewed interest in the need for legal and contractual mechanisms that promote the adjustment of contracts in the event of unforeseeable and abnormal circumstances.
Social media has taken over the dissemination of news particularly for the younger generations, Y and Z, who rely upon digital content. Information on social media can typically be traced and attributed, although anonymous trolls and false accounts are a problem. A lesser-known feature of social media is that updated content also becomes readily actionable when false, defamatory, or plain rude.
Two opposing teams will debate the different aspects of regulation and freedom to help us find out how the balance is to be achieved. Should the state impose special regulations to protect privacy and individual rights through detailed laws and regulations? Or should they allow a liberal, open system that encourages free speech and only subjects users to pre-existing laws on defamation and libel, as well as statutory protections in regards to caste, religious and racial slurs, incitement etc?
Fourth IBA India Litigation and ADR Symposium
Apr 21, 2023
The IBAHRI condemns the conviction and 25-year prison sentence handed down to Russian journalist and opposition activist Vladimir Kara-Murza by the Moscow City Court on 17 April 2023.
Sovereign and pension wealth funds are piling into India, buying stakes in everything from airports to renewable energy, and other emerging asset classes. This panel will discuss the growing appetite of these players for India and the reasons for this investment. What measures are further needed to increase the interest of these players in the Indian market?
Mergers and Acquisitions in India: is India the last oasis of hope in a global slowdown?
May 08, 2026
Péter Magyar’s victory in the Hungarian elections in April, in which he ousted Prime Minister Viktor Orbán’s regime, is set to have swift and significant implications for the EU, Ukraine and Russia. Within the EU, it’s being seen as a significant boost to the European project. Within a week of Magyar’s party winning 141 out of 199 seats in the national parliamentary elections, officials from the European Commission visited Budapest for talks with the incoming Hungarian Prime Minister.
The AAG book 'Sustainable Distributed Energy Resources' is available to purchase via Oxford University Press by clicking cc=gb&lang=en&">HERE.
A 35% discount is available to IBA Members using promotional code AUFLY35.
Biennial Conference of the Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL)
Oct 01, 2025
On 11 September Brazil’s Supreme Court convicted former president Jair Bolsonaro of plotting a coup, sentencing him to 27 years and three months in prison. After hearing more than 70 witnesses, the court found the former Brazilian leader and seven of his allies guilty on multiple counts of conspiring to overthrow the government in January 2023 after losing the 2022 election to Luiz Inácio Lula da Silva.
A bump on his head kept him unconscious for several days. When Parrado woke up, he discovered the real horror: the plane had broken into two pieces, his mother had died in the accident and his sister also passed away a few days later.
IBA Annual Conference Mexico City 2024
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.
Welcome to your very own IBA Festival, where nature moves indoors and the atmosphere is pure magic. Wander through our festival grounds, savour street-food favourites, and take a moment to connect, unwind and soak up the elegant festival vibe. Then when the music calls, step into the Disco Forest and let the rhythm take over!
Guests should use the Postbyn entrance to the Villa Copenhagen.
IBA Annual Conference Copenhagen 2026
Oct 27, 2025
With the former president of Brazil convicted of plotting a coup, Global Insight assesses the implications for the country’s democratic resilience ahead of its 2026 presidential election.
Apr 20, 2022
This article outlines the eligibility requirements and types of approvals made under Ontario’s Immigrant Nominee Program.
Jul 21, 2025
This article discusses the recent UK Supreme Court judgment in El-Husseiny v Invest Bank PSC. This was a case in which the appellants sought to restrict the scope of section 423 of the Insolvency Act 1986 (a provision to protect creditors from transactions at an undervalue for the purposes of prejudicing creditors) by seeking a finding that it did not apply when a debtor caused their company to dispose of company assets. After providing some historical context, this article briefly summarises the reasoning of the Supreme Court before discussing some of the implications.
Criminal proceedings against companies in Switzerland: still no deferred prosecution agreement
Jan 22, 2026
The conviction of media magnate Jimmy Lai in Hong Kong under the jurisdiction’s National Security Law (NSL) is ‘a landmark case’ with significant implications.
Aug 10, 2023
The International Bar Association’s Human Rights Institute (IBAHRI) is highly concerned about the recent news that lawyers belonging to the Ahmadiyya community in Pakistan – a numeric minority community in the country – are being required to renounce their religion as a prerequisite to practice law.
Apr 09, 2020
In an open letter to the President of El Salvador, Mr Nayib Bukele, the International Bar Association’s Human Rights Institute (IBAHRI) has called on him to take action to uphold the rule of law and respect fundamental human rights whilst measures are taken to prevent the spread of Covid-19.
Jun 17, 2020
The International Bar Association’s Human Rights Institute (IBAHRI), alongside other professional legal representative bodies, has issued an open letter to President Recep Tayyip Erdogan of Turkey urging him to discontinue criminal investigations into the Ankara Bar Association and the Diyarbakir Bar Association. The two organisations voiced concerns about comments made by Turkey’s Religious Affairs Directorate, Mr Ali Erbas, in a sermon on 24 April 2020, when he suggested that members of the LGBT community
Jun 10, 2020
While Crown Prince Mohammed bin Salman has the unswerving support of the US administration, his reckless rule has provoked destabilising opposition closer to home.
A webinar presented by the IBA's Human Rights Institute (IBAHRI), supported by the IBA Discrimination and Equality Law Committee and the IBA Employment Committee, 25 September 2020, 1600 – 1700 BST
In an attempt to make it easier to engage in parallel importing, the Australian Trade Marks Act has recently been amended by the insertion of a new section 122A.
Essentially, new section 122A permits trademarked goods to be imported and sold where a reasonable person would conclude from reasonable inquiries made before the importation, or sale, that the trademark had been applied to the goods by, or with the consent of, the owner in Australia or some other person who had significant influence
IBA Global Insight, June/July 2018 - President Trump’s environmental chief appears to be battling his own agency. Global Insight assesses an internal struggle at the EPA that could have dire consequences for the fight against climate change.
Jun 12, 2024
There are different types of equitable estoppel under English law including promissory estoppel, estoppel by convention and proprietary estoppel. In this article the various types of estoppel under English law are considered and the doctrine of proprietary estoppel in the context of the creation of a trust is discussed. The English doctrine of equitable estoppel is compared to the principle of promissory estoppel in United States law, including the superimposition of the Statute of Frauds. Its protection of the principle of equitable estoppel has extended to the mixed jurisdiction of Louisiana which has adopted the civil law remedies which are equivalent and lead to similar outcomes.
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.
The purpose of this article is to provide an overview of the main aspects that served as a starting point for the ‘Municipal Tax Harmonisation Agreement’ in Venezuela, presented by the Vice President of the Economic Area with governors and mayors, in compliance with the mandate given to them by the Constitutional Chamber of the Supreme Court of Justice in judgment No 0078 dated 7 July 2020.
Oct 20, 2021
The freezing order, or Mareva injunction, is a powerful tool to combat fraud and dishonest conduct. Since its creation in 1975, the ownership of assets and wealth structuring has become increasingly complex. Rarely will the assets, the underlying cause of action, and the location of relevant individuals all be in the same jurisdiction. The complexities are usually magnified where fraud is involved. The courts must be equipped to respond effectively and swiftly to these scenarios. To its credit, the common law world has demonstrated a keen appetite to develop the jurisdiction of freezing orders to meet the increasing complexities of commerce, and in particular to combat the sophistication of international fraud and money laundering. It has been and continues to be fine-tuned to the demands of the day, whether through common law development or the adoption of statutory remedies. This article considers how the freezing order jurisdiction has evolved since 1975, significant developments in its evolution for both onshore and offshore jurisdictions, and hazards a look into the crystal ball of its future.
The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.
The United Kingdom exited the European Union on 31 January 2020. By virtue of this, the EU Takeover Directive ceased to apply in the UK, and thus there was a need to amend the existing regulatory framework on takeovers for it to operate after the UK’s exit from the EU. As a result, the Code Committee of the Takeover Panel published a Public Consultation Paper proposing amendments to the Takeover Code. A Response Statement was also published by the Code Committee with final proposed amendments. [...]
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.
IBA Global Insight April/May 2016 - Amidst a major economic downturn and political crisis, a billion-dollar corruption scandal is edging towards its finale. Despite all the bad news, there are grounds for optimism.
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