Co-Chair
Jacques Bouyssou
Co-Chair
Carlo
Portatadino
Litigation Committee
The Litigation Committee brings together international litigators to share their personal experiences of legal, practical and procedural issues from around the world. Providing the opportunity to build a strong cross-border professional network for lawyers at all levels and ages, the Committee uses the platform offered by the main IBA conference and its own specialist mid-year conference to share views on issues such as jurisdiction, choice of law and international judicial assistance. The Committee also cooperates with other committees on issues relevant to wider dispute resolution.
Forthcoming conferences and webinars View All Conferences
Constitution after coup: Brazil - a Rule of Law Forum series
19 Jun 2025 1300 - 1400 BST
Webinar
Constitution after coup: South Korea – a Rule of Law Forum series
04 Sep 2025 0800 - 0900 KST
Webinar
5th IBA Litigation Committee Conference on Private International Law
02 Oct - 03 Oct 2025
Milan , Italy
IBA Annual Conference Toronto 2025
02 Nov - 07 Nov 2025
Toronto , Canada
When litigation meets crime
28 Jan - 30 Jan 2026
Rio de Janeiro , Brazil
IBA Annual Conference Copenhagen 2026
04 Oct - 09 Oct 2026
Copenhagen , Denmark
Guides
Cross-border enforcement of judgements against states – jurisdiction-by-jurisdiction guide (March 2024)
Authors from almost fifty jurisdictions have taken part in this project. For each jurisdiction, our aim is to outline the key requirements for enforcing a foreign judgment against a state entity. The guide covers the basic criteria for enforcement of a foreign judgment, the application of sovereign immunity, and due process standards and exceptions (service, representation, etc). It also considers how these principles apply where states are involved in armed conflict, which is sadly relevant to a number of litigants around the world currently seeking to recover for wartime damages against aggressor states.
To our knowledge, no similar guide exists, although the need for one is clear. View guides
Publications
From the Editors: Litigation Committee newsletter – spring 2025
Welcome to the spring 2025 edition of the IBA Litigation Committee's newsletter, entitled: 'Shopping for justice: strategic forum choices and the rise of international commercial courts in commercial disputes." In an increasingly globalised legal landscape, parties in international commercial disputes are making ever more deliberate choices about where to litigate, navigating jurisdictional complexities, procedural nuances, and the growing presence of specialised international commercial courts.
Released on Apr 04, 2025
Cyprus: An attractive, promising forum for dispute resolution
Cyprus has emerged as a promising, prominent destination for business and litigation alike. Nowadays, when it comes to the strategic selection of jurisdiction, Cyprus is considered one of the key players in international dispute resolution and in international corporate structuring.
Released on Apr 04, 2025
Gladiators of dispute resolution: the battle for jurisdiction
This article explores the competitive landscape of dispute resolution mechanisms, focusing on the interplay between national legal systems and the rise of international commercial courts, commercial mediation and international arbitration. It considers what ‘international commercial courts’ are and whether they are truly a legitimate alternative to ordinary domestic courts on the one hand, and international arbitration on the other. The article highlights England and Wales as the premier jurisdiction for dispute resolution – renowned for its expertise, stability and robust legal framework. It also examines the distinct advantages and complementary roles of mediation and arbitration in resolving cross-border commercial disputes.
Released on Apr 04, 2025
Strategic battlefields: navigating jurisdictions in international commercial disputes
Just like in a game of chess, where the opening move determines who controls the board, a litigant’s first move can set the course for victory or defeat. Deciding on not just an ‘appropriate‘ but also the ‘best’ forum for filing their client’s proceedings is a reflection of a shrewd litigant and sets the trajectory of the case.
Released on Apr 04, 2025
Dispute Resolution International journal
Dispute Resolution International (DRI) is the journal of the IBA's Dispute Resolution Section, which includes the Arbitration Committee among other related committees. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.
The latest issue of DRI is now available to access online for all members of the IBA Dispute Resolution Section here.
External links
EFFORTS – Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU
The IBA Litigation Committee has joined the Stakeholders Cross-Border Committee of the EFFORTS Project, a consortium comprising the University of Milan (coord.), the Max Planck Institute Luxembourg for Procedural Law and the Universities of Heidelberg, Brussels VUB, Vilnius and Zagreb, with financial support from the Civil Justice Programme of the European Union.
Embracing a practice driven approach, a group of renowned experts in international procedural law analyses the legislation and case-law of seven EU Member States (namely Belgium, Croatia, France, Germany, Italy, Lithuania, and Luxembourg), promotes the exchange of practices among operators, and collects good practices with the purpose of assessing the interaction of the EU Regulations on the recognition and enforcement of judgments with national legislations.
The targeted EU legislative instruments are the Brussels 1a Regulation and the Regulations on the European Enforcement Order, the European Small Claims Procedure, the European Payment Order, and the European Account Preservation Order. The interaction of said EU instruments with national rules signifies a major weakness of the system, making it difficult for practitioners, and even more for consumers and businesses, to be aware of the mere existence and practical functioning of the available procedures and mechanisms.
The consortium will pursue clarity by means of seven Practice Guides on the cross-border recovery of claims in the targeted Member States. It will contribute to the improvement of existing EU and national legislation by drafting policy recommendations for national and EU policymakers. Finally, it will foster clarity and access to information by setting up the EFFORTS Network and a Working Group on the digitalisation of enforcement procedures. The project involves judges, enforcement agents, EU and national policymakers, lawyers, in-house counsel, consumer associations, and academics.
Additional information concerning the EFFORTS Project is available here
Subcommittees and other groups
The Litigation Committee also coordinates the activities of the following subcommittees/working groups.
- EU Judicial Cooperation Subcommittee
- Hague Conference on Private International Law Subcommittee
- International Litigation Conventions and Laws Subcommittee
- Litigation Committee Advisory Board
- Young Litigators Forum
Join us on LinkedIn
If you are a member of the Litigation Committee, for additional networking opportunities, programs, interviews with fellow members and tips all exclusive to members, join our LinkedIn page at: https://www.linkedin.com/groups/7439234/.