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The Anti-Tax Avoidance Directive II’s hybrid mismatch rules and tax neutral jurisdictions. By James O'Neal at Maples and Calder, Luxembourg
A dialogue between Andrea Appella and Professor Stefano Quintarelli.
The AI battlefields - How to navigate and overcome the legal challenges
May 11, 2023
Technology linked to health and fitness is big business. But the abundant data privacy issues are leading to increasing numbers of enforcement actions.
This panel explores recent case law in copyright infringement cases in the music industry, discussing the “Blurred Lines” between inspiration and copying, the impact of the digital market on infringement claims and whether AI is the Stairway to Heaven or Highway to Hell for Copyright in the world of music.
IBA Annual Conference Mexico City 2024
Jun 05, 2023
This article provides an introduction to the Damages in International Arbitration (DIA) app, an interactive web application prepared by the ICCA-ASIL Task Force on Damages following five years of work. It has been prepared on the basis of the author’s contribution at the 2022 IBA Day Istanbul in March 2022 in the panel chaired by Mark Friedman and including David Dearman and Smitha Menon. The DIA guides users through the key legal, quantitative and procedural issues implicated by quantifying damages in international arbitration. The article is illustrated with some screen shots from the DIA web application and also refers to Friedman’s presentation on the suggested Quantum Academy (see pages 69–78).
There are several open questions: will first-mover EU regulation be copied across the world? And will it promote or frustrate the roll-out of new technologies in Europe?
IBA Annual Conference Mexico City 2024
As the global community struggled to contain the Covid-19 pandemic throughout 2020, various international governments incorporated new data-driven technologies within their suite of regulatory tools to reduce the spread of the coronavirus.
Others have forced ‘localisation’ requirements, and in some cases it can be illegal to hold copies of data outside the jurisdiction. This session will explore how these rules work.
IBA Annual Conference Paris 2023
China has witnessed continuing progress in personal data protection laws as well as the tightening of law enforcement in this field. Recently the authorities’ spotlight has been on mobile applications or apps, which are the most popular way that businesses collect personal information. Chinese authorities have adopted the carrot and stick approach by cajoling app operators into following the best practice, while aggressively going after violators to curb illegal apps
18th Annual IBA Competition Mid-Year Conference
On 3 June 2020, a Court of Labor Appeals in Uruguay rendered the first local decision on enforcement of an arbitration provision between Uber and a driver using its app.
The panel will discuss proposed forthcoming legislation in the EU, UK and around the world regarding artificial intelligence, as well as competition and regulatory issues raised by artificial intelligence.
33rd Annual IBA Communications and Competition Law Conference
Nov 10, 2022
Over the past few years, digital lending apps (DLAs) have greatly aided both business users and retail customers in India. However, to curb growing malpractice and the misuse of customers’ personal data, on 2 September 2022, the Reserve Bank of India (RBI) issued official guidelines to restrict the activities and improve the oversight of DLAs. All RBI regulated entities have until 30 November 2022 to put in place adequate systems and processes to ensure that all their digital loans are in compliance with the new guidelines.
A journey on the swings and roundabouts of family business succession. Our panel will discuss the practical steps advisors can take to prevent the preventable and resolve issues inside and outside the family business unit.
30th Annual International Private Client Tax Conference: transforming (un)expected challenges into opportunities for the next 30 years
Mar 18, 2022
As Russia’s war against Ukraine rages and allegations of war crimes grow, gathering evidence that can later be used in a court of law to bring any transgressors to justice becomes ever more necessary. To this end, the eyeWitness to Atrocities app is being used in Ukraine to capture potential evidence of crimes committed in a verifiable format to be submitted in future cases.
Many students now see "copy and paste" as a legitimate means of preparing assessments, and this can bleed into their approach to practise as lawyers.
IBA Annual Conference Paris 2023
May 01, 2025
Footage captured in war-torn Ukraine using the International Bar Association (IBA)-founded eyeWitness to Atrocities (eyeWitness) phone app has been used to fortify four cases before the country’s courts.
In the hot topics session we explore current themes of interest to the maritime and transport law community. The exact choice of topics will be decided later.
IBA Annual Conference Mexico City 2024
Oct 10, 2024
The International Bar Association (IBA)-founded eyeWitness to Atrocities (eyeWitness) app and organisation have been shortlisted in the ‘tech for good’ category of the 2024 UK tech awards, amid an ever more difficult landscape of international conflicts. These awards celebrate outstanding achievement in this rapidly...
This expert panel will review the interplay between telecoms, antitrust and data rules in the newly emerging new worlds of the metaverse, ‘internet of things’ and artificial intelligence. It will discuss and debate key questions including:
• What is the role of telecommunications regulations in this space?
• What is the connection between data protection and competition law rules in the world of big tech?
• Is the cartel prohibition applicable in the metaverse?
32nd Annual IBA Communications and Competition Law Conference
Jun 18, 2020
In the context of the Covid-19 pandemic, with governments adopting unprecedented technologically driven measures to deal with the emergency, the International Bar Association’s (IBA) Legal Policy & Research Unit (LPRU) and the IBA Business Human Rights Committee have published Digital contact tracing for the Covid-19 epidemic: a business and human rights perspective.
With increasing dependence on digital infrastructure comes a heightened focus on security and sovereignty in the digital realm. This session will delve into the intersection of competition law and national security concerns, addressing the implications of data localisation requirements, cybersecurity, and digital sovereignty policies. Experts will discuss how competition law and regulation can play a role in promoting secure and resilient digital markets while balancing national security interests and cross-border data flows.
34th Annual IBA Communications and Competition Law Conference
May 31, 2022
Russia’s invasion of Ukraine has led to hundreds of human rights defenders in the embattled country downloading the eyeWitness to Atrocities camera app and submitting 10,000 verifiable videos, photographs and audio files of alleged war crimes. These pieces of potential evidence represent the largest haul for the app in a single conflict zone to date. The 10,000 milestone demonstrates Ukrainian human rights defenders’ desire to ensure that declared violations are captured and processed in a way that is acceptable for investigators and courts of law.
Our experts will delve into the latest global trends in securing Equity Capital Market (ECM) transactions before their launch. This session is designed for legal professionals who are keen to understand the intricacies of ECM transactions across different markets and jurisdictions. We will explore the types of deals being executed, the methodologies employed, and the unique transaction scenarios that arise in various jurisdictions. The discussion will also cover the array of tools available to secure ECM transactions, such as cornerstone and backstop investors, hard underwritings, sub-underwritings, and the strategic use of public and private transaction combinations. Transaction specific steps like "testing the waters" and "wall-crossing" and their implementation will also be explained.
40th IBA International Financial Law Conference
A webinar presented by the IBA Legal Policy and Research Unit and IBA Business Human Rights Committee, 25 June 2020, 1300-1400 BST.
The panel will address key considerations and processes of equitisation of unsecured debt as a balance sheet repair tool in financial restructurings.
This session will navigate through the following issues:
• Available protections for lenders and shareholders;
• regulatory constraints;
• directors duties;
• orderly sales of equitised debt on the markets;
• disclosure issues;
• implementation risks;
• And conflicts in domestic and cross border constellations.
IBA Annual Conference Mexico City 2024
Oct 04, 2022
In Ukraine, users of the eyeWitness to Atrocities camera app have safely deposited, in the eyeWitness secure vault, 20,000 verifiable videos, photographs and audio files of alleged war crimes since the start of Russia’s invasion.
A panel discussion on the opportunities and pitfalls faced by a buyer in making an offer in a pre-pack sale. This session will cover practical aspects to be considered by the buyer, such as valuation, pricing, employees and insolvency procedural issues depending on the jurisdiction. The panel will also address whether buyers should consider taking on board fund managers in distressed asset acquisitions.
IBA Annual Conference Miami 2022
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.
Mediation skills for building and keeping franchise relations
Jun 02, 2021
While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.
Shortages of medicines and medical devices are caused not only by manufacturing challenges, but also by distribution unavailability, due to issues at distribution chain level. This session will examine the phenomena within the distribution chain that can lead to shortages of medicine and medical devices, such as parallel trade. The session will also explore different approaches to deal with such shortages by several jurisdictions, including the imposition of regulated prices, blacklist, export controls/restrictions, government mandated distribution and challenging product registration rules.
IBA Annual Conference Miami 2022
Mar 04, 2022
Blockchain-based arbitration is just like traditional arbitration except it takes place on blockchains, such as Ethereum. The arbitration agreement forms part of the smart contract, arbitrators are selected using random numbers extracted from the blocks in the blockchain and the award is also embedded in a self-executable smart contract. There is currently no regulation in transnational blockchain-based arbitration. Any such regulation faces a number of serious challenges, such as how to determine the applicable jurisdiction in a blockchain-based arbitration. This article seeks to address such challenges by suggesting some possible guidelines.
Jan 27, 2022
The African Continental Free Trade Area has exciting implications for the continent’s economies and people. Global Insight examines the scope of what has been agreed, and the important role of lawyers in enabling the full potential of free trade.
This session will take the form of an interactive workshop, with moderators facilitating round table discussions on some of the legal hot topics stemming from the automotive and mobility services industry, including:
Topic one: electrification
- Transformation of the value chain of automotive production.
- Battery production and software as the core components?
- Level playing field in a global market?
- New global players – state support – EU protective measures.
- The challenges of building a dense EV charging station network. Regulatory restraints – financing – access.
Topic two: new mobility
- Trends and legal issues related to the new mobility platforms – data protection, liability issues, regulatory requirements, consumer protection.
4th European Automotive and Mobility Services Conference
Dec 21, 2023
India is increasingly becoming a key jurisdiction for foreign investment. To keep the momentum going, the Indian government has consistently attempted to keep the business environment friendly and less burdensome. This includes: a reduction in corporate tax rates; easing the liquidity problems of non-banking financial corporations and banks; foreign direct investment policy reforms; and easing compliance norms – all with the aim of promoting ‘ease of doing business in India’. After more than a decade, India’s competition law has recently been amended, bringing about key changes that will impact businesses. The 2023 Amendments to the Indian Competition Act 2002 (the Act) introduce changes that several antitrust jurisdictions are still considering. The 2023 Amendments are a mixed bag of changes: several are business friendly – such as commitments and settlements, expedited merger review timelines and introducing a leniency-plus regime – while others aim to achieve greater regulatory oversight and stricter enforcement, such as deal value thresholds, penalties on global turnover and increased liability for hubs in ‘hub-and-spoke’ cartels. The Competition Commission of India (CCI), the body entrusted with the responsibility to nurture and maintain well-functioning markets that facilitate the growth manifested by the Indian government, must adopt a balanced approach to ensure that competition enforcement does not get in the way of ‘economic growth’ as envisaged under the Preamble of the Act. This article examines the impact of the 2023 Amendments on the Indian market. In particular, the writers examine the CCI’s approach in adopting these tools and tailor it according to the requirements of the Indian economy.
Some investors are starting to become sceptical about tech startups: for every new productivity app, or the next uber of whatever app, there are already two or three competitors that already do similar things or, worse yet, Big Tech can replicate them in no time and drive them of business.
IBA 6th Silicon Hills Conference – the Tech Epicentre of Texas: from Start-Up to Exit
Recent scandals in the finance sector have re-focused attention on the enormity of the challenge that remains in the fight against corruption. Global Insight makes the case for greater cooperation, disclosure and global standards.
Topic one: Shortage of drugs
Moderators
María Alonso Lilly Spain, Madrid
Camilla Appelgren Mannheimer Swartling, Stockholm
Ruta Pumputiene Ellex Valiunas, Lithuania
Topic two: The current surge and challenges of digital therapeutics
Moderators
Adem Koyuncu Covington, Brussels
Elisa Stefanini Portolano Cavallo, Milan
Cécile Théard-Jallu De Gaulle Fleurance & Associés, Paris
Topic three: Financing of advanced new therapies
Moderators
Mireia Castro Novartis Spain, Barcelona
Alfonso Gallego Pfizer, Madrid
Topic four: E-commerce of medicinal products: Global freedom or national restrictions?
Moderators
José Fernández Rañada Garrigues, Madrid
Markus Schott Bär & Karrer, Zurich
Dr Katharina Wodarz Raue, Berlin
Topic five: Product liability and medical devices
Moderators
Manuel Durães Rocha Abreu Advogados, Lisbon
Monika Gattiker Lanter, Zurich
Topic six: Gene therapies and orphan drugs - regulatory status and reimbursement
Moderators
Henar Álvarez Alnylam Pharmaceuticals, Madrid
Ariadna Padilla Takeda, Madrid
Topic seven: Re-labelling repackaging and parallel import of medical devices and pharmaceuticals
Moderators
Maria Cedó Esteve, Barcelona
Janine Demont-Reudt Niederer Kraft Frey, Zurich
Miguel Ángel Galve ex GC of Elanco, Madrid
Topic eight: Human research – big data and secondary use of data
Moderators
Beatriz Cocina Arrieta Uria Menendez, Madrid
Ioanna Michalopoulou Michalopoulou & Associates, Athens
Lincoln Tsang Ropes & Gray, London
Topic nine: Deal structures of life sciences transactions
Moderators
Gustavo Alcocer Lugo Olivares, México City
Elazar Stein Medison Pharma, Petach Tikva and Zug, Israel
Emmanuelle Trombe McDermott, Will & Emery, Paris
Topic ten: Interplay between regulation and intellectual property - review of Bolar exemption
Moderators
Rais Amils Pérez Llorca, Madrid
Özge Atilgan Karakulak Gün + Partners, Istanbul
Martin Dræbye Gantzhorn Bech-Bruun, Copenhagen
Topic eleven: Artificial intelligence and life sciences
Moderators
James Gallagher Mason Hayes & Curran, Dublin
Njeri Mutura Microsoft, Irvine, California
Josefine Sommer Sidley Austin LLP, Brussels
Topic twelve: Trade secrets / confidentiality in R&D collaborations
Moderators
Dr Hussein Akhavannik Blank Rome, Washington, District of Columbia
Maarten Schut Kennedy Van der Laan, Amsterdam
Topic thirteen: Recent landscape on foreign direct investment in medtech/pharma
Moderators
Per Lagerkvist MAQS, Stockholm
Irene Fernández Puyol Gómez-Acebo & Pombo, Madrid
Topic fourteen: Unified patent court – takeaways from the first year
Moderators
Morten Bruus Accura, Copenhagen
Francine Le Péchon-Joubert De Gaulle Fleurance, Paris
Hanna Tilus Cirio, Stockholm
Topic fifteen: Pharmaceuticals disparagement cases –Interactions with HCPs and regulators from a competition law perspective
Moderators
Luis Alcover Faus Moliner, Barcelona
Moisés Ramírez GSK Spain, Madrid
Anders Thue Simonsen Vogt Wiig, Oslo
Topic sixteen: Advertising pharmaceuticals - old law for modern information needs
Moderators
Ariadna Casanueva Cuatrecasas, Barcelona
Viviana Cervieri Cervieri Monsuárez, Montevideo
Celine Weber Walder Wyss, Zurich
Topic seventeen: Securing innovation: Tackling the 21st century epidemic of counterfeiting and intellectual property piracy
Moderators
Francisco Javier García Uría Menéndez, Barcelona
Jason Jardine Knobbe Martens, San Diego, California
Luis Ruiz BPL, Guatemala City
10th Annual IBA World Life Sciences Conference
In this dynamic environment, businesses from all sides of the AI universe – AI model owners, AI app developers, AI business users, data owners, cloud infrastructure owners – need to understand the heightened scrutiny over investments in this sector and act in compliance with increasingly intrusive regulation and antitrust law.
IBA Annual Conference Toronto 2025
Jul 16, 2021
Individuals and organisations alike are getting to grips with how the immigration landscape has changed in a post-Brexit era. EEA nationals will now be treated like non-EEA nationals and will require immigration status to live and work in the UK. This article provides answers to some of the questions that organisations may have concerning the changes to immigration status.
With the recent advance of generative artificial intelligence (AI), an increasing number of service providers, platforms and apps rely on AI as part of their working processes.
The AI battlefields - How to navigate and overcome the legal challenges
The Italian Communications Authority (AGCOM) has initiated proceedings for online copyright infringement on the application of publishing industry rights holders. The applicants claimed that public channels on the instant messaging platform illegally made thousands of journalistic and literary works from their catalogues available for downloading. AGCOM’s moral persuasion proved pertinent, as Telegram spontaneously removed them. Most recently, emergency legislation has introduced new provisions expanding A
This article discusses the impact of the Covid-19 pandemic on India’s judicial system. It is commendable as to how the judiciary has responded to the pandemic by introducing virtual courts to ensure that access to justice has not been impeded.
8. Copying anterior art work(s)
- Comment on the Warhol US Supreme court ruling and other jurisdictions rules.
IBA Annual Conference Paris 2023
Apr 22, 2022
In early April, reports emerged that at least 300 civilians had been killed in Bucha. Despite vehement denials by the Russian authorities, satellite images outlining mass graves in the small Kyiv suburb gave the strongest indication yet that Russian troops had committed war crimes on Ukrainian soil.
Sep 02, 2022
Ten questions that commonly arise when conducting employee investigations: different considerations in interviews solely for disciplinary proceedings versus those assessing whether criminal or regulatory misconduct has occurred
The article provides an introduction to recently issued guidelines on telemedicine in India, and summarises the various provisions included in the relationship between doctors and their patients.
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.
Jul 06, 2023
The pharmaceutical supply chain in India has traditionally relied on small neighbourhood pharmacies for last-mile distribution. Such pharmacies have proliferated to the point where there is often one on each street, and several within a square mile, in every city. Access to brick-and-mortar pharmacies has therefore generally not been a problem in India, at least in most urban areas, and the industry has prospered over the years.
During the current Covid-19 pandemic crisis, there has been an increase in the number of cyberattacks (like ransomware) on law firms globally. The IBA Cybersecurity Guidelines equip and empower law firms and lawyers to protect themselves from such online virus threats, attacks and data breaches, giving their clients the best possible assurances that their confidential data is duly protected, thereby effectively ensuring the access to legal services and securing access to justice.
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