Committee publications
Paradox of two wrongs: examining the unmentioned implications of the Supreme Court decision in Providence v Hexagon
When does a cured default stop being a ‘wrong’ – and should it still count towards a contractor’s right to terminate for repeat late payment under the Joint Contract Tribunal (JCT)’s standard form contractual clauses? The JCT has a suite of contractual clauses used in construction projects that allocate design, time, payment and risk. The article argues that the recent Supreme Court decision of Providence Building Services Ltd v Hexagon Housing Association Ltd, that concerns the interpretation of clauses 8.9.3 and 8.9.4 jointly, has given rise to a paradox concerning repeated wrongs. This article seeks to analyse the recently published judgment, while simultaneously unpacking the paradox for an international audience.
Released on Aug 4, 2026
Curating the record in construction arbitration: the institutional responsibility of tribunals in the age of evidentiary inflation
Released on Aug 4, 2026
Coercion or commercial necessity? The fragile validity of supplementary agreements in construction contracts
Supplementary agreements often sit at the heart of construction disputes, raising a familiar question: were they freely negotiated or signed under pressure? This article explores how Indian courts address such concerns, with particular reference to the recent decision in Union of India v Mago Construction. A clear pattern emerges wherein courts are slow to unsettle arbitral findings where coercion or economic duress is alleged, especially in the presence of unequal bargaining power or forced waiver of claims. Set against the rapid growth of India’s infrastructure sector, the article considers how this judicial approach shapes contractor–employer relationships. It highlights the increasing relevance of supplementary agreements in disputes involving waiver and estoppel and offers a concise guide to their treatment under Indian law.
Released on Aug 4, 2026
CLInt – Book Review – July 2026
Released on Aug 3, 2026
Prolongation costs – an issue with causation
Released on Aug 3, 2026
Construction arbitration in the CEE region: a comment on the Polish Chamber of Commerce Arbitration Rules 2025
Released on Aug 3, 2026
Construction Law International – July 2026 – Country Updates: UAE
Released on Aug 3, 2026
Construction Law International – July 2026 – Country Updates: Ghana
Released on Aug 3, 2026
From the Editors – Construction Law International – July 2026
Released on Aug 3, 2026
From the Co-Chairs – Construction Law International – July 2026
Released on Aug 3, 2026
Planning strategies for the proposed change to the prevailing wage rules
This article examines the US Department of Labor’s proposed mid-2026 regulatory overhaul of the four-tier prevailing wage system for H-1B, E-3, H-1B1 and PERM programmes. It analyses the overhaul’s potential to disrupt high-skilled foreign labour retention, trigger corporate compliance audits and reshape employer staffing strategies through increased operational costs.
Released on Jul 31, 2026
Labour and employment challenges in cross-border workforce reductions in the context of multinational corporations (MNCs)
This article explores the labour and employment implications of restructuring initiatives undertaken by multinational corporations (MNCs), with particular focus on the legal and practical challenges arising from cross-border workforce reductions, redundancies, and retrenchments.
Released on Jul 30, 2026
Employee monitoring and workplace privacy issues discovered during due diligence in North Macedonia
As employers increasingly rely on surveillance technologies, biometric systems, and digital monitoring tools, compliance with employment and personal data protection laws has become a critical area of review in corporate transactions. This article examines employee monitoring and workplace privacy issues that may be identified during due diligence in North Macedonia. It explores the legal framework governing workplace monitoring, key due diligence considerations, potential risks for investors and buyers, and the broader implications of privacy compliance in the modern workplace.
Released on Jul 30, 2026
Where is the boundary? ‘Smart working’ and the territorial scope of Italian non-competes
Two decisions handed down by the Labour Court of Milan in March and April 2026 have set boundaries on the use of remote working clauses (so-called clausole di remotizzazione) in post-employment non-competition covenants. These provisions are often used to avoid that non-compete obligations may be eluded through competitive work physically performed from a country not covered by the covenant, the effects of which are however produced within the specifically prohibited territory.
Released on Jul 30, 2026
Voices from the field – Wook Jin Rha
This series asks the Anti-Corruption Committee’s officers the most significant anti-corruption risks and challenges that are currently affecting their region. This edition is from Wook Jin Rha, the Compliance Subcommittee’s Compliance Programme officer, who discusses South Korea’s rapidly evolving digital forensic investigation capabilities for agencies, as well as the importance of the effective operation of the whistleblower protection system.
Released on Jul 29, 2026
The IBA 28th Annual Transnational Crime Conference
The annual IBA Transnational Crime Conference has once again proven why it remains one of the highlights of the business crime calendar. This year’s edition, held from 13 to 15 May 2026 at the iconic Hotel Grande Bretagne in Athens, just steps away from the Greek Parliament, was a great success. With nearly 250 participants it was the largest Transnational Crime Conference ever
Released on Jul 27, 2026
Chinook and the limits of automation in Canadian immigration decision-making
This article examines the Federal Court’s treatment of the Canadian immigration department’s Chinook system and its implications for immigration decision-making. It argues that while courts have accepted Chinook as an administrative support tool, they continue to require that decisions satisfy the fundamental administrative law requirements of reasonableness, transparency and procedural fairness.
Released on Jul 27, 2026
Will immigration rules in Nigeria become more or less restrictive?
In recent years, especially in the post-Covid-19 era, global immigration has become more restrictive. Is this the case in Nigeria?
Released on Jul 27, 2026
Portugal’s immigration bottleneck: labour mobility, AIMA delays and what employers should prepare for in 2026
Portugal remains an attractive destination for international talent and investment, but administrative delays and fragmented procedures continue to undermine predictability. This article examines the practical impact on workers and employers and sets out the steps organisations should take to manage immigration processes more effectively in 2026.
Released on Jul 27, 2026
Labour mobility in a fragmented world: the new reality of US immigration
This article examines how increasing uncertainty, heightened compliance obligations, and evolving enforcement priorities are reshaping US immigration and global labour mobility, requiring employers and foreign nationals to adopt more proactive immigration strategies. It also highlights the growing importance of family mobility, litigation and predictable immigration systems in attracting and retaining international talent.
Released on Jul 27, 2026
Public servants first and lawyers second? The personal and professional ethical challenges for government and public lawyers
A report on the webinar ‘Public servants first and lawyers second? The personal and professional ethical challenges for government and public lawyers’, hosted by the IBA Forum for Government and Public Lawyers on 27 May 2026.
Released on Jul 24, 2026
Model litigants: recognising the roles and delivering on the duties of government and public lawyers
A report on the webinar ‘Model litigants: recognising the roles and delivering on the duties of government and public lawyers’, hosted by the IBA Forum for Government and Public Lawyers on 24 June 2026.
Released on Jul 24, 2026
Solving ground-level problems from 500km up: the rise of Africa’s space economy
Africa’s space economy is rapidly evolving from state-led initiatives into a dynamic ecosystem driven by private companies, startups and continental coordination under the African Space Agency. Leveraging satellite technologies for agriculture, climate resilience, connectivity and disaster management, the sector is reshaping development priorities and positioning Africa as both a consumer and creator in the global space market.
Released on Jul 21, 2026
Cross-border labour and employment law trends in a changing global landscape
As borders blur and workforces go global, the rules governing labour and employment are caught in a relentless race to keep pace. From the gig economy’s defiance of traditional employment classifications to the seismic shifts triggered by remote work, multinational enterprises and workers alike now navigate a labyrinth of overlapping, often conflicting legal regimes. Employment contracts, social security obligations and data governance frameworks are emerging as key areas which will require systematic re-examination in light of this evolving workforce structure.
Released on Jul 20, 2026
Pay transparency in Italy: Legislative Decree No. 96/2026 – employer obligations, enforcement and strategic implications
Italy’s Legislative Decree No. 96/2026 entered into force on 7 June 2026, transposing Directive (EU) 2023/970 on pay transparency and the enforcement of equal pay. This article outlines the new employer obligations, the enforcement structure and the strategic challenges for Italian business, and identifies the points at which the national legislator has narrowed the Directive’s reach. The analysis also draws on early Italian commentary published in Norme & Tributi Plus Lavoro (Il Sole 24 Ore), June 2026.
Released on Jul 20, 2026
Labour and employment trends and developments in Indonesia
Indonesia’s labour and employment regulations is entering a new phase of adjustment, marked by recent measures on online transport workers, outsourcing, domestic workers, and the preparation of a new employment law following Constitutional Court Decision No. 168/PUU-XXI/2023. For employers and cross-border businesses, these developments signal a more protection-oriented regulatory approach.
Released on Jul 20, 2026
Rewriting compensation procedures: how India’s new Labour Codes are driving a compensation overhaul
India’s impending new employment laws are forcing companies to change how they manage their money and pay structures. It is forcing an urgent, boardroom-level rewriting of compensation procedures to navigate a reconstituted definition of ‘wages’, which triggers escalating statutory liabilities, compressed final settlement timelines, and democratised fixed-term employment benefits. This article analyses the legal framework and practical application of the new system, breaking down its regulatory mechanics and operational realities. It also evaluates the long-term legal and operational implications for employers.
Released on Jul 20, 2026
Compensation and benefits in Turkey: recent trends and practical challenges for multinational employers
Inflation, workforce mobility, pay transparency expectations and growing employee expectations regarding wellbeing, flexibility and work-life balance are reshaping compensation and benefits strategies across jurisdictions. This article examines recent trends and practical challenges affecting multinational employers in Turkey, including pay compression, benefits design, expatriate compensation, executive remuneration and the localisation of global reward policies
Released on Jul 20, 2026
Voices in conflict: free speech, social media, and the workplace during national trauma
In times of national trauma, the boundaries of acceptable speech tend to diminish. Emotions run high, public discourse becomes polarised, and institutions, especially employers, sometimes feel pressure to ‘take a stand’. But what happens when that pressure collides with one of the most fundamental democratic rights: freedom of expression?
Released on Jul 20, 2026
Measuring what matters: compliance as a bridge between data and practice
This article examines how the gap between corporate diversity disclosures and actual workforce practices – a phenomenon known as ‘diversity washing’ – distorts ESG ratings, misallocates capital, and erodes stakeholder trust, and argues that effective compliance programmes, rather than performative policies, which are the necessary bridge between reported metrics and genuine organisational change
Released on Jul 20, 2026