About the Committee
The Litigation Committee focuses on the legal, practical and procedural issues involved in conducting litigation. Differences and developments in individual jurisdictions are compared. The issues arising in international litigation receive particular attention, including issues such as jurisdiction, choice of law, and the role of international judicial assistance in dispute resolution. Practitioners involved in larger scale or international litigation can debate topical issues and share their experiences of handling and solving the problems arising from such disputes. In particular, the committee seeks to explore the differences of approach between the common law and civil law traditions, and to encourage a dialogue between practitioners from these two systems.
Close links are maintained with various organisations such as the American Bar Association Litigation Section, the British Institute of International and Comparative Law and the Australian Corporate Lawyers Association.
The committee meets annually at the main IBA Conference and also has a specialist litigation conference generally held in May or June each year, together with regular seminars and events organised by the committee’s local country chairs. The Annual IBA Conference also provides an occasion for the Young Litigators Forum to offer a forum for young lawyers to present papers and exchange ideas.
Committee members receive regular copies of the committee’s newsletter which provides details of the committee’s current activities plus recent developments in the law worldwide. Members also receive the biannual journal of the IBA's Dispute Resolution Section, Dispute Resolution International. Full details of the committee’s Executive Committee and its regional and country chairs are published in the newsletter, and are available on this website. The committee welcomes applications for membership from all lawyers with an interest in litigation.
Forthcoming conferences and webinars View All Conferences
Projects and reports
Report: Impact of Covid-19 on court operations & litigation practice (June 2020)
In light of the magnitude of Covid-19, the IBA’s Litigation Committee has prepared a special report that addresses the impact of the pandemic on the operation of courts and litigation practice in 37 jurisdictions around the world. Download report
Report to the HCCH Special Commission on the recognition and enforcement of foreign judgments:
The Hague Conference on Private International Law set up a Special Commission to prepare a draft convention on the Recognition and Enforcement of Foreign Judgments in civil and commercial matters. The Special Commission published a draft convention in 2016 and finalised it in 2017.
- Report: IBA Working Group Hague Judgments Project.
- Appendix 1: IBA Questionnaire Responses
- Second Report to the HCCH Special Commission On The Recognition And Enforcement Of Foreign Judgments
This edition features articles on rule of law; interviews; legal updates and human interest articles
Released on Apr 28, 2023
The impact of corruption on the rule of law and the effective administration of justice using Nigeria as a case study
Corruption is a global issue that impacts all facets of society and undermines the rule of law and the effective administration of justice. Nigeria is not immune to this trend, as corruption has had devastating effects on its legal system, resulting in a weakened judiciary and law enforcement agencies, thus fostering a culture of impunity for the affluent and powerful.
Released on Apr 28, 2023
The role of pro bono work within the Swiss legal system in promoting and strengthening the rule of law in underserved communities
Although the significance of classical pro bono work in the Swiss legal system seems more limited than in common law jurisdictions, the system nonetheless offers a variety of options for underserved communities to obtain access to justice at no or at least reduced cost. While these options do not qualify as actual pro bono services in the strict sense, they all help to promote and strengthen the rule of law. Yet, there still seems to be room for improvement in order to better support the access to justice of the (lower) middle class that does not qualify for legal aid.
Released on Apr 28, 2023
After twenty years of brutal war and incremental change, the rule of the gun has again displaced the rule of law in Afghanistan under renewed Taliban control.
Released on Apr 28, 2023
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.
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.
Subcommittees and other groups
The Litigation Committee also coordinates the activities of the following subcommittees/working groups.
- European Community Jurisdiction & Judgments Subcommittee
- Hague Conference on Private International Law Subcommittee
- International Litigation Conventions and Laws Subcommittee
- Litigation Committee Advisory Board
- Young Litigators Forum