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On 11 June 2020, an ad hoc committee (the ‘Committee’)1 rendered a decision on the request filed by the Kingdom of Spain (‘Spain’) to annul the award issued in Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l v Spain, ICSID Case No ARB/13/36 (the ‘Underlying Arbitration’ or ‘Eiser’).
The Poverty and Social Development Committee, builds on years of work under various IBA auspices. We engage the legal profession to contribute to UN Sustainability Goal #1: Eradicating Poverty. Our committee advocates for using law to protect individuals and communities from poverty, promoting well-being. We believe legal professionals have a duty to create and apply law for good, preventing exploitation and mitigating harm. Planned projects include a podcast, a practical book for lawyers, a session at the IBA Annual Conference, and supporting NGOs focused on poverty eradication. We invite members to join our efforts.
The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months - Dispute Resolution International (DRI) - October 2020
Fundamentals of International Legal Business Practice: IBA Young Lawyers’ Training Course Miami
This meeting is only open to LPD Senior Officers (Chair, Vice Chair, LPD Secretary-Treasurer and LPD Assistant Treasurer) and LPD Council members who are expected to attend.
By invitation only: IBA Mid-Year Leadership Meetings 2023
By invitation only: IBA Mid-Year Leadership meetings 2024
Law firms of this group - Akerman, Jones Day.
Delegates have the opportunity to visit several law firms to discuss strategy, practice areas and practice management, organisational issues, marketing and office systems.
Spaces are limited and are assigned on a first come, first served basis. Registered conference delegates can sign up at the Speakers‘ Desk by the IBA Registration Desk. For those who are registered, it is advised to be on the bus five to ten minutes before the departure time.
IBA Annual Conference Miami 2022
The first issue of the IBAHRI Covid-19 Human Rights Monitor assesses gender-based violence and women’s health, LGBTQI+ rights, prison and detention conditions, refugee camps and asylum procedures. Concerns are raised over reported increases in domestic violence in a number of jurisdictions and the lack of basic protective measures to prevent the spread of Covid-19 in prisons and detention centres.
Law firms of this group - Reed Smith & Harper Meyer.
Delegates have the opportunity to visit several law firms to discuss strategy, practice areas and practice management, organisational issues, marketing and office systems.
Spaces are limited and are assigned on a first come, first served basis. Registered conference delegates can sign up at the Speakers‘ Desk by the IBA Registration Desk. For those who are registered, it is advised to be on the bus five to ten minutes before the departure time.
IBA Annual Conference Miami 2022
The journey of a new IBA presidency, the final destination of which is strengthening the leadership of the IBA and of our profession, has just started. The world is changing right before our eyes. Our profession, through a global association such as the IBA, has a great opportunity as well as the responsibility of assuming a leading role in upholding the rule of law and providing legal guidance in this context.
Oct 18, 2022
On 1 June 2022, the Swedish Parliament introduced new updates to the immigration law. The newly introduced changes aim to discourage criminal activities and prevent companies from engaging in salary dumping. They also maintain trade unions’ level of workers’ protection and interest. Moreover, the law is presented as an additional level of protection against human trafficking. This article discusses the new updates to the immigration law.
This workshop will address the likely changes in regulation and regulatory priorities resulting from the U.S. election, and as well as regulatory developments in other jurisdictions.
23rd Annual International Conference on Private Investment Funds
Aug 03, 2021
As the first European prosecutorial authority, the European Public Prosecutor's Office starts operations on 1 June 2021. The EPPO’s mission will be to prosecute criminal offences affecting the European Union’s financial interests.
Mastering the art of client relationships is crucial for young lawyers. This session will provide advanced strategies to build and maintain strong client connections, ensuring long-term success and trust.
IBA Young Lawyers' Committee Training
Jun 25, 2021
The first part of this analysis encompasses the AI Act’s scope, as well as prohibited AI practices, AI systems needing higher level of transparency and those subject to voluntary compliance. The second part will be published in the next volume of the Technology Law eBulletin, and will concentrate on high-risk AI systems and the outlined set of requirements for them.
Social media has undoubtedly influenced the landscape of international arbitration. Recent studies have noted the increased use of arbitration clauses by social media platforms and websites. The personal and professional connections established on social media have also led to challenges against arbitrators. Courts and arbitral institutions have imposed a ‘duty of curiosity’ on counsel to scrutinise the potential non-disclosure of public information by arbitrators. This panel will examine these issues and offer guidance to young practitioners and arbitrators on effectively using social media to advance their careers while avoiding uncomfortable situations.
IBA Arb40 Symposium: Salient issues in international arbitration
Oct 14, 2022
By including active case management tools in Procedural Order No 1 and Procedural Timetable No 1, the tribunal lays the foundation for maximising efficiency over the life of the proceeding. In this article, the author proposes a number of innovations to be implemented, as the title suggests, to top and tail the process, with additional steps in the middle. The author provides a template Procedural Timetable No 1 and then discusses selected procedural steps with the corresponding text for Procedural Order No 1. The proposals include pre-scheduling several case-management conferences to address procedural issues early and often; holding a mid-stream meeting (aka a Kaplan Early Opening), where parties give short oral arguments and present limited witness evidence; identifying a pre-scheduled mediation window to allow the parties to consider mediation, without either side having to request it; directing the parties to provide a Joint List of Issues and Schedule of References; and scheduling both a pre-hearing Tribunal meeting (aka a Reed Retreat) and deliberation days in the Timetable.
**Accredited by the Law Society of Hong Kong with 1.0 CPD point**
Topics will include:
- An overview of the rules on conflicts of interest in other countries, such as China, Hungary, Indonesia, Italy, Philippines, Singapore and the United States
- Managing conflicts of interest for local and cross-border matters, and case studies of other ethical traps in each country
- Tips on ensuring a consistent approach in resolving conflicts of interest issues and to manage client’s expectations
Opening remarks
- Peter Bartlett MinterEllison, Melbourne, Victoria; Chair, IBA Legal Practice Division
Moderator
- Caroline Berube HJM Asia Law & Co, Guangzhou; Council Member, IBA Legal Practice Division
Panellists
- Riccardo Cajola Cajola & Associati, Milan; Webinar Officer, IBA Professional Ethics Committee
- Michael S Carl SSEK Legal Consultants, Jakarta
- Jose Cochingyan III Cochingyan & Partners Law Offices, Makati City
- Gábor Damjanovic Forgó, Damjanovic & Partners, Budapest; Secretary-Treasurer, IBA Professional Ethics Committee
- Ruth Guo Yingke Law Firm, Beijing
- Rachel McGuckian Miles & Stockbridge, Rockville, Maryland; Scholarship Officer, IBA Professional Ethics Committee
Jun 13, 2022
The first panel session at the 23rd Annual IBA Arbitration Day discussed the need for more robust case management by arbitral tribunals.
Part 1 - Data-driven business development (moderator - Katherine Hutchinson)
“It is a capital mistake to theorize before one has data.
IBA Annual Conference Paris 2023
Oct 14, 2022
This article discusses, from an arbitrator’s perspective, the approach to preparing the first Procedural Order for the conduct of an Arbitration (Procedural Order No 1), so that it fits with the case specifications. The author advocates the approach discussed at the panel led by Lucy Reed at the 23rd Annual IBA Arbitration Day on 25 March 2022 that arbitrators should consider the specific needs of the case and collaboratively engage with the Parties to identify the relevant issues and appropriate procedure for the case, before circulating Procedural Order No 1. The author gives examples of techniques the Arbitral Tribunal can use to engage in a collaborative approach while retaining the final power to decide upon the procedure, including Procedural Order No 1.
This session will focus on the impact, value, and challenges of data as an asset on the legal services market. Just like any other, the market for legal services globally has been impacted (and will continue to be impacted) by the use of data analysis and ‘Big Data’. Now law firms and other entities that render legal services must consider the use of data to adapt their business strategies. This change will also carry challenges that come along with the use of data, such as the protection of privacy and other regulations that might be applicable.
Biennial IBA Latin American Regional Forum conference
The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months - Dispute Resolution International (DRI) - October 2020
As remote and hybrid working has become the new normal, employers around the globe look to establish clear and comprehensive policies to reflect their practices. In this session, we will examine considerations in drafting a remote and hybrid working policy particularly for a global business. We will notably discuss the key employment and immigration issues to be covered in such a policy together with other challenges involved in implementing such a policy. Experts and leaders in the legal community as well as professional participants of the conference will also share their experiences and top tips for drafting such a policy.
Annual IBA Employment and Diversity Law Conference
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.
This panel explores recent trends shaping mergers and acquisitions, investment flows, and strategic collaborations in life sciences sector. Experts will discuss how evolving regulatory landscapes, technological innovation, and the search for cost-effectiveness are influencing deal-making strategies and partnership models.
11th Annual IBA World Life Sciences Conference
Day 1 of the 10th IBA London Finance and Capital Markets Virtual Tax Conference, 18 January 2021, 1400-1620 GMT
This workshop will be a deep dive into the latest trends and hot button issues in private equity, real estate and other closed-ended funds. Panellists will discuss current key issues for general partners (GPs) and limited partners (LPs) and where the market is moving on economic, governance and other fund terms.
21st Annual International Conference on Private Investment Funds
A webinar presented by the IBA International Projects Committee of the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), 23 September 2020, 1400 – 1500 BST
• What are the technology needs for African law fi rms – does size matter?
• Can technology improve access to justice?
• How to implement the most effective technology strategy for your firm or legal department
• Managing cybersecurity and new risks
• The impact, value and challenges of data as an asset on the legal services market – how law firms and other entities that render legal services should consider the use of data to enhance their business strategies
Biennial IBA African Regional Forum Conference: future-proofing the African legal profession
Showcase Session, Vienna 2015 - Business and human rights part 1 with Kofi Annan and John Ruggie
The legal profession has markedly changed and new career paths and prospects for young lawyers have emerged.
There are many challenges but there are also unprecedented opportunities aplenty. Lawyering is no longer a narrow career. This diverse panel will help bring to life not only the opportunities but also delve into the challenges that come with this new age of lawyering.
Biennial IBA African Regional Forum Young Lawyers Symposium
May 01, 2023
The Arbitration Day 2023 took place in Lisbon, 13-14 April, and was attended by more than 500 delegates. Portuguese Deputy MInister for Justice Jorge Alves Costa gave the welcome remarks. The first session dealt with the impact of third-party funding (TPF) on investment arbitration.
Long before the advent of the Covid-19 pandemic, there was a growing consensus across the European Union that over a decade of austerity since the market failures of the financial crisis of 2008 had weakened the ability of many sovereign states’ institutions to deliver key public services. In response to the financial crisis, EU Member States felt compelled to prop up their corners of the international financial system through huge cash injections into ailing banks that were funded by taxpayers
The role of international law and institutions in attaining Goal 1 of the SDGs
The plight of 177 migrants, who were picked up by an Italian coastguard ship and then allegedly left unable to disembark upon arrival in Italy in August 2018, has highlighted the difficulties facing African migrants making the perilous crossing into Europe.
IBA Asia Pacific Arbitration Group Event
May 25, 2023
The government-imposed lockdowns and restrictions necessitated by the Covid-19 pandemic, together with the changes in consumer behaviour that the virus triggered, had a radical impact on the turnover of many businesses. Those businesses often looked to their business interruption insurance to recoup their losses. In relation to such insurance claims, the United Kingdom regulator, the Financial Conduct Authority (FCA), in cooperation with leading insurers, launched a test case with a view to resolving some of the fundamental coverage issues arising on a selection of common market wordings. The decision in the FCA test case of course left several issues unanswered, particularly in relation to the assessment of quantum. Three recent cases have attempted to address these issues. They were brought by Stonegate (a pub chain), Greggs (a bakery chain) and Various Eateries (a group of restaurants).
As international cooperation and coordination of foreign bribery resolutions transitions at a breath-taking pace from rare to commonplace, the global enforcement landscape has been quickly and dramatically transformed. These changes have brought new challenges to enforcers, companies and their counsels.
Enhanced cooperation and coordination lie at the heart of the Organisation for Economic Co-operation and Development’s (OECD) 2021 Anti-Bribery Recommendation. Why did the Working Group on Bribery put such a strong emphasis on promoting this practice? What impacts will these recommendations have in practice? And what obstacles will they encounter?
The panel will unpack the new OECD standards and explore how they might facilitate coordination of investigations and resolutions among member countries and beyond.
19th Annual IBA Anti-Corruption Conference
IBA Global Insight June/July 2017 - Following the recent summit between American President Donald Trump and China’s President Xi Jinping, Global Insight considers the reversal on protectionism and free trade, assessing the potential for a major trade war between the two global superpowers.
The role of the courts in arbitration: an Asia Pacific perspective
By Kateryna Gupalo and Kateryna Shapran. The year 2019 saw a prodigious amount of legislation amendments in Ukraine, particularly relating to combating corruption. The changes have affected the Criminal and the Criminal Procedure Codes as well as other anti-corruption regulations. New anti-corruption bodies including the High Anti-Corruption Court and the State Bureau of Investigation have also come into operation. Ukraine therefore continues to develop and implement its anti-corruption reforms.
This panel will cover the various tax and non-tax considerations that individuals should consider before becoming a US income tax resident. The panel will primarily focus on pre-immigration planning to mitigate exposure to US income and estate tax, including: stepping up the client’s basis in assets prior to residency, addressing the impact of the various US anti-deferral regimes, creating income tax advantaged structures, and protecting assets from US estate and gift tax. Panelists will also provide an overview of the technical rules on US tax income, gift and estate tax residency. Further, the panelists, which consist of private client attorneys from around the world, will analyze how to coordinate US pre-immigration planning with the relevant tax and succession regimes in the client’s home jurisdiction.
IBA Annual Conference Miami 2022
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.
Explore how artificial intelligence is revolutionizing each stage of cross-border mergers and acquisitions transactions. This session highlights key legal, strategic, and operational impacts of artificial intelligence on global deal-making.
IBA Young Lawyers' Committee Training
Mar 10, 2021
The UK Supreme Court’s much-anticipated judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) (Respondent) [2020] UKSC 48 (on appeal from [2018] EWCA Civ 817) opens with the recognition of an axiom which goes to the heart of justice: “‘it is axiomatic that a judge or an arbitrator must be impartial; he or she must not be biased in favour of or against any party in a litigation or reference.
Latin America is commonly perceived to experience lower levels of M&A-related litigation than countries in other regions. However, not all M&A transactions begin and end the same – ie beginning where the buyer approaches the seller and ending when the seller receives funds and the deal is closed. Indeed, the perception that litigation is slower is therefore a reason, but disputes involving participants in M&A transactions across the region are common. The panel, together with those of you who decide to attend, will explore how the overcrowding of justice systems in countries around Latin America plays a role in the lack of M&A related litigation. We will also discuss the preference by parties to M&A deals for arbitration, rather than domestic courts or alternative dispute resolution procedures. Although it could be said that most disputes are settled through direct conversations between principals, as opposed to formally starting lawsuits or arbitration proceedings, we will also aim to discuss problems between parties where claims are more commonplace and frequently contested or challenged, including: post-closing indemnification, purchase price adjustments, concerns about escrow agreements and possible sums that may be retained. We will not only explore those mechanisms used for funding and securing an indemnity (ie, escrow agreements), but also other mechanisms such as set-offs against future payments (particularly earn-out payments) and a partial holdback of the purchase price. Where applicable and publicly available we will also discuss and explore how tribunals have handled such situations.
Mergers and acquisitions in Latin America
During the UNCITRAL Working Group V session in December 2020, a colloquium was held to consider whether UNCITRAL should be advised to undertake future work on applicable law (choice of law) in cross-border insolvency proceedings.
In this session we will debate the topic of platform v sovereign states, and dissecting who is in control in relation to communications infrastructure.
IBA Annual Conference Toronto 2025
Initially limited to consumers’ claims, since 1 June 2018 Belgium’s class action legislation has been extended to SMEs which can now also file class action lawsuits against large companies.
Increasingly more protectionist policies are adopted across the globe which affects business ability to make deals (new FDI and FSR regimes, etc.) and to access markets (IMEC v. BRI, security restrictions for hardwares sales, etc.).
IBA Annual Conference Mexico City 2024
Aug 28, 2023
This article discusses a defamation lawsuit around an initiative to equip educators with resources to teach students about sexual orientation and gender identity in the jurisdiction of Canada.
We will discuss the ethical issues for lawyers around non-disclosure agreements (NDAs), Strategic Lawsuits against Public Participation (SLAPPs) and other potentially predatory litigation.
Non-Disclosure Agreements (NDAs)
• Protecting legitimate interests or perverting the course of justice?
• When, where and in what form are NDAs acceptable?
• What types of clauses are unacceptable?
• What are the ethical obligations for lawyers drafting NDAs and advising clients?
• NDAs from the perspective of one client/litigant, Zelda Perkins, who said of hers ‘It is morally lacking on every level’.
Strategic Lawsuits Against Public Participation (SLAPPs)
• Are suggestions that lawyers are facilitating frivolous litigation aimed at silencing criticism greatly exaggerated?
• How do SLAPPs align with our obligations as lawyers to promote the protection of the fundamental right of freedom of expression?
• Are we, as lawyers taking our professional and ethical obligations seriously?
• Is there a risk that legitimate claims are being branded as SLAPPs?
• What are our obligations to interrogate clients’ instructions and advise them on the risks?
2nd IBA Global Professional Ethics Symposium
Aug 12, 2021
This article provides a case summary of a recent CJEU decision on a dispute between Irish music performers, the collective management organisation and the Irish music producers’ organisation. The decision clarifies the extent of the right of performers to equitable remuneration with producers under Article 8(2) of Directive 2006/115/EC and its applicability to non-EEA performers.
The rise of digital nomads, satellite employees and Employers of Record (EORs) are reshaping the employment landscape. How can global employers best deal with the legal and managerial challenges related to people working from various jurisdictions? In this session we will consider the contractual solutions, employment rights, social security, immigration and tax implications that employers need to be aware of.
Annual IBA Employment and Diversity Law Conference 2024
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