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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.
A series of roundtable discussions will look at recent developments in the following areas:
Topic one: Permanent establishment in digital economy
Topic two: Experiences from MLI implementation in tax treaties
Topic three: Experiences from MLI implementation in tax treaties
Topic four: Tax issues from blacklisting jurisdictions
Topic five: Special expatriate regimes under pressure
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.
11th IBA European Corporate and Private M&A Conference
Jul 14, 2024
The European Fashion and Luxury Law Conference, meticulously organised by the European Regional Forum (ERF) of the International Bar Association (IBA) in Milan on 23 April 2024, was a resounding success. The event, which was fully booked, showcased a remarkable assembly of speakers, each highly esteemed within the industry. These speakers brought with them a wealth of knowledge and expertise, which they shared across a series of discussions and presentations.
Successful business leaders of today have to be everything, from competitive entrepreneurs to collaborative diplomats; they need to inspire others, convey purpose, preserve values and value, walk the talk and make the right decision quickly based on incomplete information. At the same time, they are confronted with challenges and opportunities that have never been more dynamic or complex. Our moderator will casually discuss with our guest the life of a business leader in the past, the present and the likely future.
12th IBA European Corporate and Private M&A Conference
Apr 13, 2025
The Australian Taxation Office (ATO) continues to pay close attention to the taxation of software arrangements. Its views have the potential to cause international misalignment on the way that certain cross-border payments are treated for taxation purposes. This article discusses the ATO’s guidance and a number of developing landmark Australian tax cases covering what constitutes a ‘royalty’.
This discussion will focus on the future of artificial intelligence (AI) where visionary startup founders will share valuable insights into the current capabilities of AI and its potential to streamline and enhance legal processes.
Additionally, the panellists will also touch upon the practical applications of AI in the present, specifically highlighting how it can already assist with contract negotiations. This discussion will provide valuable insights into the current capabilities of AI and its potential to streamline and enhance legal processes.
6th Annual IBA European Start-up Conference
Jul 14, 2024
Over the course of 16–18 May this year, the IBA European Regional Forum Officers, Council Members and Advisory Board Members held their annual retreat in sunny Santorini under the hospitality of gracious host and colleague Panagiotis Drakopoulos and Drakopoulos law firm who ensured that the event, dubbed ‘THE BIG RETREAT’, went off without a hitch.
An honest conversation about lawyers choosing clients, and also clients choosing law firms.
IBA Annual Conference Mexico City 2024
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
12th IBA European Corporate and Private M&A Conference
May 21, 2024
The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!
Business sanctions against foreign parties are now a common method of seeking to change a foreign country’s behavior or its approach to other countries’ legal systems. These sanctions are often complex in terms of who they reach, and inconsistent between countries. For example, a Company incorporated and operating wholly in Country A may be prohibited from taking certain actions by Country B’s sanctions laws when the Company in Country A is a wholly owned subsidiary of the Company in Country B. Country A, however, may disagree with Country B’s approach to sanctions and order all companies operating within its jurisdiction not to comply with Country B’s sanctions or face penalties or even revocation of the right to operate in Country A. What’s a company to do?
Practitioners in the sanctions area will discuss (1) known situations in which the position of one country on sanctions directly conflicts with the position of another country on sanctions, making certain parties unable to comply with one set of relevant country sanctions without violating those of another country, and (2) practical solutions or at least approaches for companies to minimize the risks associated with these conflicts.
IBA Annual Conference Miami 2022
Nov 14, 2024
A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.
The concept of space and deep-sea mining, once confined to the realm of science fiction, are now on the verge of becoming a reality. As technological advancements pave the way for deep-sea and extraterrestrial resource extraction, the legal community faces a new frontier of challenges and opportunities. This topic delves into the legal frameworks, international agreements and ethical considerations surrounding these mining endeavours.
IBA Annual Conference Mexico City 2024
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.
From global law firms to local practices, differences in a lawyer's ethical obligations and the cultural underpinnings of those obligations impact the way in which ethical obligations in law practices are implemented. This panel considers the complexities of adhering to ethical obligations within and across jurisdictions, and discusses strategies to assist in lawyers fulfilling their ethical obligations.
IBA Annual Conference Miami 2022
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.
Secondaries are often criticised because it is just one fund selling to another. Europe’s largest asset manager went so far as to call such arrangements a ‘Ponzi scheme’ of one fund selling to another at inflated prices, without the check of a strategic buyer. On paper, circular deals are even more problematic, as the involved parties are related or sitting on both sides of the negotiation table. This panel will identify the types of transactions and the fact patterns that should trigger the enhanced scrutiny of a deal lawyer, and it will discuss possible ways to properly address these issues.
11th IBA European Corporate and Private M&A Conference
Nov 14, 2024
A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.
This session will examine legacy blocks of insurance business, both in life and property/casualty, the challenges associated with these books, how carriers navigate these and opportunities to dispose of these blocks through run-off or transactions.
IBA Insurance Conference 2023: Emerging trends in a new risk landscape
Jan 27, 2025
A report on the panel session ‘To list, to sell or to flip to the US: sucessful exist methods in Europe’. Participants discussed recent challenges in the initial public offerings market, the ‘dual-track’ strategy and the role of legal advisors among other interesting points.
Insights into the latest trends, challenges and risk mitigation strategies associated with M&A transactions in insurance.
IBA Insurance Conference 2024: AI in insurance and other global insights
Aviation has been one of the most affected business sectors since Covid-19 started spreading around the world. The initial response of most countries to this pandemic has been to close their borders and restrict travel. Consequently, global air traffic dropped by 73.7 per cent in April 2020, compared to the previous year.
The last few years have seen a dramatic expansion of Foreign Direct Investment and “national security” regimes, with more mandatory filings, lower thresholds and harsher potential penalties. At the same time, merger control authorities are becoming more influenced by broader questions of national industrial and trade policy than by customary competitive or antitrust concerns. This panel will explore what this means for companies and dealmakers. What new risks have to be taken into consideration? How are deal terms evolving in response to the changing regulatory environment?
39th IBA International Financial Law Conference
Let’s face it: challenges of face recognition technology in Latin America.
Asset recovery practitioners know all too well that debtors are constantly coming up with new escape routes to flee from or resist asset recovery strategies. This panel will discuss common (and uncommon) defences that are typically raised and how they can be tackled and conquered by creditors. Panellists will consider, for example:
- the use (or misuse) of restructuring plans;
- what creative strategies might be deployed to enforce judgments/awards against difficult debtors;
- issues around establishing ownership;
- surpassing the challenges of piercing the corporate veil and alter ego arguments; and
- defeating third-party interference.
2nd Annual IBA Asset Recovery Conference
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.
• This session will explore:
• The expectations of regulators in this challenging economic and political climate;
• Regulators’ role in ensuring continuous investor protection;
• Their priorities for 2025;
• The opportunities for international coordination among regulators;
• The new opportunities in the market and the cross-border challenges for regulation involving global asset managers; and
• The challenges and benefits of evolving new technologies.
34th IBA Global Challenges and Opportunities for the Asset Management Industry Conference
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.
Introductory panel to be given on the background and where we are today in terms of infrastructure, involved technologies, different metaverses, players. This panel will include representatives from industry to provide their insights and technology explanations of Metaverse-based projects and the use of AI/Web3 technologies.
This panel may be supplemented by Metaverse-based technology demonstrations e.g. sets of goggles and demo versions from sponsors of the conference made available.
Metaverse; Artificial Intelligence; and Web3.0 Technology
The importance of special conditions when coping with negative oil prices and Covid-19
Proactive versus reactive: regulatory challenges when considering professional wellbeing
This article focuses on the potential effects of the Covid-19 pandemic on M&A transactions. The effects on several phases or instruments such as due diligence, material adverse effect clauses, price Adjustments and earn outs are discussed.
The panel will cover issues such as: how to recognise LGBTQI+ family units in the context of refugee status, migration and family reunification; the challenges involved in placement and housing of LGBTQI+ refugees and migrants; how to achieve positive integration outcomes for LGBTQI+ refugees in the resettlement country; and LGBTQI+ specific healthcare issues in the migration context, including mental health issues.
IBA Annual Conference Mexico City 2024
Jul 14, 2024
Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.
Certain publicly traded stocks have been the target of heightened social media attention, prompting significant retail-based shareholder activism, often against institutional short-selling investors. The session will look at these recent cases and discuss the phenomenon and the regulatory regimes and responses around it.
IBA Annual Conference Mexico City 2024
Jan 12, 2024
In this session, Antonia Verna and Pavla Prikrylova presented the European Regional Forum Diversity & Inclusion Working Party with the Diversity and Inclusion Toolkit for Lawyers. The Toolkit was developed by the International Bar Association (IBA) to provide law firms with an action plan to embed the core principles of diversity and inclusion into their organisations.
This session will explore critical considerations for determining the governing law in cross-border transactions, including the impact on the enforceability of agreements. Panellists will provide insights into the negotiation of choice of law clauses (and related questions regarding conflict resolution) and the benefits and risks for clients associated with these questions. In addition to sale and purchase agreements (SPAs), this panel will cover ancillary agreements as well as shareholder agreements; including in relation to documents for which the law is determined by the jurisdiction of incorporation, such as a corporation’s constitutive documents.
13th IBA European Corporate and Private M&A Conference
Mar 28, 2022
Facing low fertility rates that could undermine labour forces and social structures, governments are pursuing labour reforms, immigration expansion and pronatalist policies. Global Insight explores the impact of such policies on human rights and gender equality.
YoungLawyersWhat is the regulation of legal tech and the blurred lines with traditional law? How are these “next-generation law firms” impacting young lawyers? What is gig economy’s impact on the future of the legal profession? These and many other related questions resonate on the way the law has been traditionally practiced. The rise of the gig economy and legal tech are on the cusp of transforming legal services as we know it, yet without a proper regulatory framework, the legal profession might render services that go awry in various jurisdictions. Further, this will have a significant impact on young lawyers’ careers and future lawyers. The “Uberisation” of legal services has also brought with it a proliferation in the number of platforms that cater to the consumers’ needs in the legal industry. Platforms such as Martindale, Goodlawyer, Avvo, Justia, Priori Legal and HireMeLegal, among many more, hope to target a more consumer/lawyer-friendly legal experience by enabling review systems, be it in the form of peers’ or clients’ input. However, are these platforms a boon or a doom? From both the regulatory and ethical vantage points, legal service platforms have countless benefits in enabling consumers access to justice, while concurrently raising serious legal and ethical considerations. This session will aim to bring together platform providers, senior lawyers and regulators to holistically discuss the pressing issue surrounding the legal tech revolution in the legal services realm, its regulatory and ethical implications on lawyers, particularly young lawyers, but also seasoned veterans, as well as these next-generation platforms on a current basis as benchmarks for thrusting the legal profession a step forward (or backward).
IBA Annual Conference Miami 2022
Dec 02, 2021
With the rapid growth of sustainable products and investments, the pressure for genuine corporate sustainability has intensified. Increasing investor scrutiny and accelerating climate breakdown and biodiversity loss, for example, play a part in this. In-House Perspective explores whether increased awareness owes as much, however, to reactions to the rising tide of ‘greenwash’ – when corporations make misleading claims about their green credentials.
The aftermath of a global pandemic, economic crises, and political changes result in an ever-changing list of headaches for in-house counsel. A panel of senior in-house counsel talk about the key issues that keep them up at night.
IBA Annual Conference Miami 2022
Apr 23, 2025
This year brought a slight change in how we approached our Big Retreat. The Officers’ Retreat and the Council Members’ Retreat were joined into a single event which took place in Budapest at the start of March 2025. Our Senior Vice Chair, Viktória Szilágyi from Lakatos Köves and Partners, carried out the work as this year’s gracious host and needed to accommodate such a large crowd with a full schedule. She certainly lived up to it!
After an era of globalisation, many countries are turning towards securing national supply and looking more critically at dependencies and potential security threats relating to foreign investment in and control of strategic minerals. With the recent adoption of the Inflation Reduction Act in the United States, which aims to increase US domestic manufacturing capacity and encourage procurement of supplies of critical minerals domestically and from free-trade partners, along with the recently announced Critical Minerals Strategy in Canada, including the Canadian government’s recent policy restricting foreign state-owned enterprise investments in the critical minerals sector and supply chains, and similar strategies and policies in other nations, investors face unprecedented regulatory, national security and geopolitical complexity in seeking to invest in, and develop, critical minerals around the world. New foreign investment and national security restrictions represent a global shift on who can invest and where, with potential implications for which countries will be poised to take greater advantage of the future green economy. This panel will discuss the impact globally of these recent developments and how they will shape mineral exploration and exploitation in the years to come.
IBA Annual Conference Paris 2023
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.
Based on key findings of the 2021-2022 Legal Policy and Research Unit tech competency survey report, the session will discuss tech competency as a core legal skill and the need for developing a sustainable concept for the IBA’s existing code of principles.
IBA Annual Conference Paris 2023
This article examines the Future Energy Scenarios set out in the National Grid ESO’s recent report, with a particular focus on the role of digitalisation and open data in achieving net zero in the UK by 2050.
Around the world there is an increased focus in ensuring there are reliable water sources. In many areas, this includes the use of new technologies to protect the environment, be energy-mindful and provide a reliable water source simultaneously. The panel will evaluate the use of a variety of desalination technologies, recycling water and other new technologies to answer this critical need.
IBA Annual Conference Mexico City 2024
Government Decree RD-Law 463/2020, dated 14 March 2020, declared a State of Emergency to deal with the Covid-19 health crisis. It adopted a series of measures relating to limiting peoples’ movements, as well as constraining Spain’s social and economic activities.
The session will review and give insights on how and where to structure wealth, taking into account the specificities and objectives of Latin American families.
IBA Annual Conference Mexico City 2024
In spring 2018, the International Bar Association's Human Rights Institute (IBAHRI) and the Anti-Torture Initiative (ATI) reached the milestone of conducting tailored programmes in all five regions of Brazil on torture prevention and implementing the Istanbul Protocol. The IBAHRI has worked in Brazil since 2010 to support the country in its commitment to eradicate torture as part of its obligations under international law
Defenders in decline: human rights lawyers at risk in Southeast Asia
May 08, 2024
In the second part of this feature, Global Insight assesses the legal issues associated with clean energy as countries pivot to renewables in response to the climate crisis.
This session will examine how both Singapore law firms and regional law firms should think about Singapore given its importance as “the legal hub of Asia”
6th Asia Law Firm Management Roundtable: Is your firm 'fit for the future'?
In the second part of this feature, Global Insight assesses the legal issues associated with clean energy as countries pivot to renewables in response to the climate crisis.
The panel will discuss recent regulatory developments regarding tender offer rules across the various regions, especially in light of the proposed amendments to adopt mandatory tender offer rules in Korea. Among other issues, there will be a focus on:
- how different jurisdictions protect investors from the risk of ‘creeping control’;
- the different approaches to mandatory tender offers in Korea, Japan, EU and the US and background of these differences;
- how ‘tender offers’ are defined;
- how mandatory tender offer rules play out in countries where they are adopted; and
- special considerations in adopting mandatory tender offer rules.
5th Asia-based International Financial Law Conference
Apr 23, 2025
The IBA expresses its deepest condolences on the passing of His Holiness the Pope. His unwavering commitment to justice and the dignity of all people resonated far beyond religious boundaries and inspired those in the legal profession across the globe.
Fundamentals of International Legal Business Practice: IBA Young Lawyers’ Training Course Miami
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