Committee publications
A new era of climate accountability: unpacking the implications of new international advisory opinions for corporations
This article summarises highlights from the ‘Climate change: implications of the International Court of Justice and Inter-American Court of Human Rights advisory opinions for corporations’ webinar which took place on 9 October 2025. The webinar was presented by the IBA Oil & Gas Law Committee, supported by the IBA Business Human Rights Committee, the IBA Power Law Committee, the IBA Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL), the IBA Asia Pacific Regional Forum, the IBA African Regional Forum and the IBA’s Legal Policy & Research Unit.
Released on Dec 1, 2025
Interview with Ambassador David MacNaughton on diplomacy, dealmaking and the rule of law
At the Corporate and M&A Law Committee reception and dinner at the Art Gallery of Ontario, Ambassador David MacNaughton was interviewed by Committee Co-Chairs Nicola Charlston and Bertrand Cardi. He offered pragmatic reflections on diplomacy and negotiation in an era of heightened geopolitical complexity.
Released on Dec 1, 2025
Locking up the deal – perspectives and practices from around the world
This 2025 Toronto session explored the mechanisms and strategies used by global deal practitioners to provide greater deal certainty in regard to M&A transactions. The panel, chaired by Sarah Young and Rabindra Jhunjhunwala, featured perspectives from legal advisers, in-house counsel and an investment banker, with the panel hailing from the United States, Canada, Japan and India.
Released on Dec 1, 2025
The role of shareholders in M&A transactions
This 2025 Toronto session explored the different ways of dealing with shareholders when executing M&A transactions. In particular, the panel, which was moderated by Gabriella Covino and Harry Coghill, noted that significant M&A transactions generally require engagement with one or both sets of shareholders.
Released on Dec 1, 2025
M&A café – roundtables
The M&A café roundtables session, organised by Dovilè Burgiene and Lorenzo Olgiati, featured five specialised discussion sessions involving participants, with each session led by experienced moderators. The roundtables covered hot due diligence issues; government intervention trends; the impact of AI on M&A transactions; directors’ liability issues; and private equity transaction trends, respectively.
Released on Dec 1, 2025
Distressed M&A: geopolitical upheaval, distressed M&A markets and strategies for success
This panel at the IBA Annual Conference Toronto 2025 examined the impact of global economic uncertainty on distressed M&A activity, addressing market trends, deal structures and jurisdictional differences. The panelists discussed strategies for managing pre-insolvency and insolvency transactions in their relevant jurisdictions and from different angles, with particular attention paid to due diligence challenges, stakeholder coordination and liability management.
Released on Dec 1, 2025
Canadian pension funds – the evolving Canadian model
This panel session at the IBA Annual Conference Toronto 2025 was on the subject of ‘Canadian pension funds – the evolving Canadian model’ and featured an impressive line-up of participants from four of the ‘Maple 8’ pension funds.
Released on Dec 1, 2025
Running auctions or strategic review processes – legal tips and advice
This 2025 Toronto conference session offered valuable insights into the design and execution of auction and strategic review processes during M&A transactions.
Released on Dec 1, 2025
Welcome to the wild west: activism in Canada and elsewhere
This 2025 Toronto session provided a lively discussion among the panelists involving a live activism scenario, covering relevant legal considerations to keep in mind, potential defensive measures, components of a strong activism response framework and adviser team, as well as shareholder engagement strategies, among other subjects.
Released on Dec 1, 2025
Data centres: the good, the bad and the ugly
This discussion at the IBA Annual Conference Toronto 2025 looked at the explosive growth of global data generation, examining how rising AI workloads, hyperscaler expansion and power scarcity are reshaping the fundamentals of site selection, permitting, energy strategy and infrastructure planning.
Released on Dec 1, 2025
Navigating franchise investments: legal strategies for private equity in franchise transactions
This joint committee panel at the IBA Annual Conference Toronto 2025 involved a thoughtful discussion among the panelists covering the relevant legal considerations to keep in mind when dealing with private equity (PE) investments in franchise transactions, which was of interest to practitioners involved in private equity practice, as well as advertising and franchise specialists.
Released on Dec 1, 2025
Mergers: practical issues in international M&A deals
Planning and structuring an M&A deal is becoming increasingly challenging, especially when dealing with cross-border transactions involving multiple jurisdictions. This session at the IBA Annual Conference Toronto 2025 focused on how to navigate this shifting landscape and effectively manage antitrust risks within M&A transactions.
Released on Dec 1, 2025
Business combinations of profit-driven companies with purpose-driven companies
This 2025 Toronto session explored how mission-focused and profit-oriented organisations can align their values and strategies during mergers, investments and in regard to governance.
Released on Dec 1, 2025
Foreign direct investment and political considerations in M&A deals: increasing scrutiny in an era of greater protectionism
This 2025 Toronto session was moderated by Audrey Chen and Alastair Mordaunt, with experts from Germany, Canada and the United Kingdom. It discussed the constantly evolving foreign direct investment landscape, noting that outcomes are unpredictable when facing various practical challenges.
Released on Dec 1, 2025
Why take chances? A deep dive into the regulatory, compliance and transactional complexities of acquiring a gambling business
Gambling M&As in North America and Europe today in the .com space often involve activities that are not legal in the sense that they are not specifically licensed or authorised by the relevant jurisdiction in which they operate, raising numerous challenges for lawyers. This panel at the IBA Annual Conference Toronto 2025 explored this subject.
Released on Dec 1, 2025
Fishing in Uncharted Waters: The First Ever Arbitral Award Under the EU-UK Trade and Cooperation Agreement
This article examines the first arbitral award rendered under the EU-UK Trade and Cooperation Agreement (TCA), prompted by the UK’s prohibition of sandeel fishing in English and Scottish waters. It analyses the tensions between regulatory autonomy and treaty-based obligations, with particular attention to the role of scientific evidence, the principle of proportionality and allegations of discrimination. The tribunal’s reasoning, which upholds the Scottish ban while identifying procedural deficiencies in the English measure, sheds light on the dynamic relationship between environmental protection and international trade law. The article further considers the award’s procedural innovations and reflects on its broader implications for the future operation of dispute resolution mechanisms under the TCA.
Released on Nov 21, 2025
Attacks on the rule of law and the threat to business and human rights
The rule of law (ROL) is essential for effectively implementing the UN Guiding Principles on Business and Human Rights (UNGPs). It faces serious and growing global threats. Attacks on the ROL that weaken protections against and increase the likelihood of business-related human rights abuse will lead to the undermining of global economic, environmental and social stability. The formation of a broad coalition to defend the ROL and uphold business commitments to respect human rights would help to address these risks.
Released on Nov 21, 2025
Introduction to the IBA Business Human Rights Committee e-Bulletin (continued)
An introduction to the IBA Business Human Rights Committee e-Bulletin, released in November 2025. This follows on from the introduction in the e-Bulletin email.
Released on Nov 21, 2025
Better Late Than Never: Pakistan Attempts Arbitration Reform
Domestic arbitration in Pakistan is still governed by the Arbitration Act, 1940 even though both India and Bangladesh repealed and replaced that law in 1996 with new statutes based on the UNCITRAL Model Law. However, in 2023, Pakistan initiated a formal reform process which has resulted in a new Draft Act. The Draft Act is based upon the Model Law and yet differs significantly from it. For example, the Draft Act does not deal with foreign arbitrations at all but instead deals only with domestically seated arbitrations (albeit both international and purely domestic arbitration). The article examines, and tries to explain, the various choices made in preparing the Draft Act. In broad terms, those choices were driven by the need to make the Draft Act comprehensible and practically workable in the particular context of Pakistan. For example, the Draft Act provides different standards of review in relation to purely domestic awards as opposed to domestically seated international awards. This is because the needs of sophisticated business consumers are quite different from those of the average unsophisticated Pakistani. The Draft Act also tries to pre-empt practical concerns regarding implementation by establishing minimal institutional frameworks for arbitral appointments and oversight.
Released on Nov 20, 2025
Recent developments in Italy – real estate securitisation companies: foreign investors perspective
Among the most interesting recent trends in the Italian real estate market is the real estate securitisation company as a new vehicle for real estate investments. This SPV is increasingly utilised and of interest to various types of foreign investors (from institutional to family offices).
Released on Nov 5, 2025
Cancellation of obtaining Sanad certificates for non-agricultural use of land for renewable energy projects: a targeted policy revolution
Maharashtra’s government circular dated 7 August 2025, eliminates Sanad certificate requirements and non-agricultural taxes for solar and wind energy projects under three specific state schemes, streamlining land conversion processes that previously delayed renewable energy development by six to 12 months. This targeted regulatory reform creates the most comprehensive land-related exemptions for clean energy projects implemented by any Indian state, potentially accelerating Maharashtra’s ambitious renewable energy targets while establishing a precedent for similar policy innovations nationwide.
Released on Nov 5, 2025
Climate change risk in property transactions – what solicitors need to know
The Law Society of England and Wales has issued new guidance on advising clients about climate change risks in property transactions. This article summarises the main points, including the seven-step framework, liability considerations and practical advice for solicitors acting in different transaction types.
Released on Nov 5, 2025
Real estate sale agreements under Turkish law
The acquisition of immovable property is a fundamental institution of property law, which determines the procedures and legal conditions under which the right of ownership is transferred to individuals. This article will delve into the two ways of acquiring immovable property through legal transactions in Turkey: real estate sales agreement and preliminary agreements for real estate sales, which serve as commitments for the conclusion of such agreements.
Released on Nov 5, 2025
The reduced VAT rate on urban rehabilitation projects: a never-ending story?
In Portugal, conflicting case law on the application of the reduced VAT rate to urban regeneration works was recently harmonised by the Supreme Administrative Court. The matter is not yet settled, however, as an appeal to the Constitutional Court remains pending.
Released on Nov 5, 2025
Trusts and digitalisation: redefining real estate investment in the Dominican Republic
Trust structures and the digitalisation of legal procedures are reshaping the Dominican real estate sector in a more sustainable and strategic manner. The use of trusts creates safer, more transparent avenues for investment, while the digitalisation agenda is cutting red tape and making the process of buying, selling and developing property more efficient for all parties involved.
Released on Nov 5, 2025
Structures and strategies for private credit funds
Gathering legal experts from the United States and across Europe, this panel at the 25th Annual IBA/ABA US and Europe Tax Practice Trends conference in Amsterdam convened to discuss structuring considerations, strategies and other emerging issues relevant for private credit funds.
Released on Nov 4, 2025
Cross-border VAT: challenges, opportunities and the future of tax compliance
This panel at the New Era of Taxation conference in Milan, in September 2025, discussed the complexities of VAT on cross-border transactions with a specific focus on the supply chain of goods supplied by a non-European Union taxable person into the EU and subsequent intra-community supplies. As the panel was composed of experts from Germany, Italy, Austria and Switzerland, each of the speakers shared their insight on the VAT treatment and challenges encountered in their respective jurisdictions.
Released on Nov 4, 2025
Emergency arbitration: A practical guide for young arbitration practitioners
Emergency arbitration, while still a relatively recent development, has become an essential procedural feature for parties seeking urgent interim relief before the constitution of an arbitral tribunal. ‘Emergency arbitration: A practical guide for young arbitration practitioners’, published by the IBA Arb40 Subcommittee, aims to offer practical insights and sometimes comparative perspectives into one of the most dynamic procedural tools in international arbitration.
Released on Oct 31, 2025
Tariffs and the M&A landscape in India: navigating a new trade reality
The reimposition of tariffs by the United States in 2025, including a 50 per cent ad valorem duty on selected Indian exports, has significantly altered India’s trade dynamics. These measures, framed as reciprocal tariffs, have placed Indian exporters at a competitive disadvantage compared to their peers in Vietnam, Bangladesh and Indonesia, who face lower tariff burdens. The impact is particularly acute in sectors like textiles, vehicle components, gems and jewellery and marine products, industries that are heavily export oriented and dominated by micro, small and medium enterprises.
Released on Oct 31, 2025
Let lawyers do their work: an analysis of the ICTR’s unfree acquitted and released men dying in detention in Niger
This article recounts the case of persons released on acquittal or after serving sentences at the International Criminal Tribunal for Rwanda (ICTR), unable to reunite with their families in their countries of refuge, have been living under surreal circumstances where no law appears to apply. On 15 November 2021, the UN signed a bilateral agreement with Niger for their relocation so they could start a new life. However, since the UN transferred the men to Niamey in December 2021, they have been living under house arrest and under the threat of refoulement to Rwanda. The article explores the challenges faced by international criminal tribunals.
Released on Oct 31, 2025