Committee publications
Arbitration-related litigation in Nigeria: recent judicial developments and their cross-border implications
In recent years, Nigeria has become one of the most closely watched jurisdictions for arbitration-related litigation. It is clear that the choices made by Nigerian courts in arbitration-related disputes do not only affect domestic commerce: they also have an effect across borders, as they impact how foreign investors, counterparties and arbitral institutions perceive the jurisdiction.
Released on Oct 29, 2025
Code, coins and courts: bank-level protection for crypto?
The proliferation of virtual currencies has exploded in recent years. The widespread adoption of cryptocurrencies can be attributed, inter alia, to the convenience they provide to carry out transactions in combination with their pseudo-anonymous nature. At the same time, the constrained traceability of cryptocurrency transfers significantly obfuscates means of effective oversight and supervision, thereby creating a heightened risk of illicit activities. Against this backdrop, the first ruling has now been handed down by the Austrian Supreme Court on the applicability of the Payment Service Act 2018 (ZaDiG 2018) and the E-Money Act 2010 (E-GeldG 2010) implicating transactions involving cryptocurrencies.
Released on Oct 29, 2025
Boardroom promises to courtroom realities: the rise of ESG litigation in India
‘Sustainability is no longer about doing less harm. It’s about doing more good.’ Jochen Zeitz’s observation captures the evolving expectations from corporations in the 21st century. Environmental, social and governance (ESG) factors are no longer incidental aspects of corporate social responsibility; they have become central to corporate accountability, investor confidence and regulatory oversight. In India, this shift is reinforced by the constitutional mandate for environmental protection, statutory duties under the Companies Act, 2013, and the Securities and Exchange Board of India’s (SEBI’s) pioneering Business Responsibility and Sustainability Reporting (BRSR) framework. Yet, as disclosures and promises multiply, so too do the risks of misrepresentation, non-compliance, and failure to address climate and social risks. This sets the stage for the emergence of ESG litigation cases inter alia, including challenging greenwashing, breach of directors’ duties, supply chain violations and climate inaction. The accompanying article examines the evolving contours of ESG litigation in India and argues that India must shift decisively from boardroom assurances to courtroom accountability in order to realise the transformative promise of ESG.
Released on Oct 29, 2025
Navigating joinder issues in US litigation: guidance for foreign counsel handling multi-party US disputes
This article addresses joinder issues in United States litigation for foreign counsel handling cross-border disputes. Using a scenario derived from an actual case handled by our firm, it analyses the joinder framework under the US Federal Rules of Civil Procedure (FRCP) and highlights procedural safeguards to prevent misuse of joinder mechanisms against foreign parties. It contrasts these rules briefly with international arbitration frameworks – such as those of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA) – to provide foreign litigation practitioners with contextual clarity. The article concludes with practical recommendations for foreign clients and litigation counsel navigating US court proceedings.
Released on Oct 29, 2025
Cost orders arising from anti-suit injunction proceedings are recognised for the first time by the Brazilian courts
The Brazilian Superior Court of Justice recognised, for the first time, foreign cost orders issued in an anti-suit injunction proceeding. The case involved two judgments from the High Court in London, which ordered Chubb to reimburse Mizuho and Fair Wind for legal costs incurred with the English proceedings. The decision sets an important precedent for the enforcement of foreign judgments in Brazil.
Released on Oct 29, 2025
Macdonald Hotels Ltd & Anor v Bank of Scotland plc [2025] EWHC 32 (Comm)
This case is an example of borrowers seeking to imply duties of good faith and rationality into banking contracts. It is one of a number of recent cases which have considered contractual discretion in the context of financial services.
Released on Oct 29, 2025
Digital strangers in litigation: does sharing with AI breach privilege?
As artificial intelligence (AI) transforms legal practice, it raises challenges for the preservation of litigation privilege and confidentiality. This article examines how using public AI tools may amount to waiver, contrasts this with the protections of private systems, and outlines practical measures for lawyers to maintain confidentiality and client trust.
Released on Oct 29, 2025
Digitalisation and AI: The borders of the revolution - the principles and the rules
Report from the IBA Annual Litigation Forum 2025: The future of litigation
Released on Oct 29, 2025
Digitalisation and AI: The borders of the revolution - the practice of law and litigation
Report from the IBA Annual Litigation Forum 2025: The future of litigation
Released on Oct 29, 2025
Practice and perspectives of the international commercial courts – the experience of the Singapore International Commercial Court
Report from the IBA Annual Litigation Forum 2025: the future of litigation
Released on Oct 29, 2025
Litigating in the age of social media – tips, tricks and traps
Report on a Young Litigators seminar held at the Singapore office of Allen & Gledhill
Released on Oct 29, 2025
Current issues in transnational litigation
Report on IBA Litigation Committee session held at the 2025 Annual Litigation Forum in Singapore
Released on Oct 29, 2025
A new Hague convention on jurisdiction and parallel claims: a gamechanger in international dispute resolution
Report on IBA Litigation Committee session at the 2024 IBA Annual Conference in Mexico City
Released on Oct 29, 2025
Shareholder disputes: mediate, litigate or a hybrid strategy?
Report on joint IBA Litigation Committee and IBA Mediation Committee session at the 2024 IBA Annual Conference in Mexico City
Released on Oct 29, 2025
Tariffs, trade and talent: a strategic immigration update on workforce strategy
Geopolitical trade realignments, tariffs and the rise of artificial intelligence (AI) and automation are reshaping immigration policy and global workforce strategies. This article examines how the US’ recent application of higher tariffs and subsequent global responses affect immigration law, talent mobility and workforce planning, outlining key considerations for businesses seeking resilience and competitiveness in this dynamic landscape.
Released on Oct 29, 2025
News Corner: new legal developments in China
This article provides insights into two key recent legislative changes in China: first, the Interpretation on the Application of Law in the Trial of Labor Dispute Cases (II), which came into effect on 1 September 2025; and, second, the revised PRC Anti-Unfair Competition Law, which came into effect on 15 October 2025.
Released on Oct 28, 2025
Inside law firm operations: Insights and trends 2025 – analysis and discussion
This report by the Law Firm Management CEO Subcommittee documents the findings of a survey on law firm business services and operations designed to gain a deeper insight into the structure, maturity and challenges of business services functions within law firms of varying sizes across different regions.
Released on Oct 28, 2025
Getting to Know the ERF – Aniko Keller
Get to know the European Regional Forum’s Diversity and Inclusion Group Vice Chair, Aniko Keller
Released on Oct 21, 2025
Session report from the 9th Global Entrepreneurship Conference in May 2025: How closely held companies are managing risk and uncertainty in a constantly evolving environment
This article provides a summary of the session titled ‘How closely held companies are managing risk and uncertainty in a constantly evolving environment’, held at the 9th Global Entrepreneur-ship Conference. The panel convened to discuss the biggest risks, externally and internally, for closely held companies in uncertain times, and how closely held companies can prepare for such challenges.
Released on Oct 21, 2025
Surrogacy in Namibia: legal silence, citizenship denied and the rights of LGBTQI+ families
Namibia’s lack of legislation on surrogacy, alongside the growing number of children born through this medically assisted method, has created a significant legal vacuum. This gap leaves families – particularly LGBTQI+ parents – vulnerable and unrecognised. This article examines the implications of this gap through the lens of the landmark Lühl-Delgado case, where a Namibian father’s surrogacy-born children were denied citizenship. It calls for urgent reform to align Namibia’s family law and citizenship frameworks with constitutional protections of dignity, equality and the best interests of the child.
Released on Oct 20, 2025
LGBTQI+ rights in Colombia: progress and persistent challenges in 2025
Colombia stands out in Latin America for its progressive legal framework protecting LGBTQI+ rights. Yet, despite these legal advances, the lived reality for many LGBTQI+ Colombians remains fraught with violence, discrimination and systemic neglect.
Released on Oct 20, 2025
Summary of the IBA webinar: ‘Ten years since Leghari v Pakistan: the state of play in international climate litigation’
This year, 2025, marks ten years since Asghar Leghari successfully challenged the Pakistan government’s failure to implement its National Climate Change Policy. In recognition of this milestone, in September 2025, the IBA Environment, Health and Safety Law Committee, with support from the IBA Litigation Committee and the IBA Legal Policy & Research Unit, convened a webinar of legal experts including Asghar Leghari himself, to consider the impacts of the decision and the subsequent evolution of climate jurisprudence across the globe, including groundbreaking recent advisory opinions delivered by the International Court of Justice and Inter-American Court of Human Rights.
Released on Oct 20, 2025
Major developments in immigration law and nationality law (December 2024–September 2025)
This briefing summarises the principal legal changes, constitutional developments and public debates in Portugal relating to immigration (Law No 23/2007 and related instruments) and nationality (citizenship) law that occurred between December 2024 and September 2025.
Released on Oct 20, 2025
Nigeria Visa Policy 2025
Nigeria’s 2025 New Visa Policy (‘NVP 2025’) introduces a fully electronic visa (‘e-Visa’) system, replacing the visa-on-arrival (VoA) and requiring applicants to apply and receive approvals online before travel, aiming to simplify and secure entry for business, tourism and investment. Applicants can now apply and receive decisions on their visas online within 48 hours. The New Visa Policy system was launched on 1 May 2025 and implemented on 8 May 2025 and is integrated with global security databases. Other reforms include mandatory digital landing and exit cards and an amnesty period for foreigners to regularise their immigration status without penalties.
Released on Oct 20, 2025
12 October: Schengen countries start implementation of the new Entry/Exit System (EES)
On 12 October 2025, Schengen countries began phasing in the Entry/Exit System (EES), set to be fully operational by 10 April 2026. Replacing passport stamps, the EES records entry, exit and biometric data at external borders of 29 Schengen states. It applies to third-country nationals on short stays (visa-required or exempt) but excludes long-stay visa holders, residents and nationals of Norway, Iceland, Liechtenstein and Switzerland. The system enforces the 90/180-day rule, detects overstays and combats identity fraud. While designed to speed up border checks, travellers may face longer waiting times during the initial biometric enrolment.
Released on Oct 20, 2025
Doing business between China and India: challenges behind and opportunities ahead
China and India are the world’s two largest developing economies, possessing not only vast consumer markets but also formidable production capabilities. Their combined strengths in manufacturing, technology and infrastructure make them top destinations for foreign investment. In recent years, cross-border trade between the two nations has grown significantly. However, entities from both countries face an ever-changing legal and regulatory landscape when investing, including policy adjustments, compliance challenges and geopolitical considerations.
Released on Oct 19, 2025
The future of law practice: empowering young lawyers through early inclusion in management
The legal profession is consistently evolving with the advance of technology, shifting both client expectations, and workforce dynamics. In this ever-changing landscape, law firms must adopt sustainable practices to ensure resilience, sustained relevance, and long-term growth. To be precise, one of the most strategic sustainability approaches lies in rethinking traditional hierarchies by involving young lawyers in management decision-making processes from an early stage in their careers.
Released on Oct 14, 2025
AI, digitalisation and the UK immigration system
In recent years the UK government has pushed ahead with the large-scale digitalisation of immigration and border services. Artificial Intelligence (AI)-driven tools, while still marginal, are increasingly becoming part of this programme. The stated aims of this automation have included expediting low-complexity transactions, automating identity and document checks, and freeing civil servants to focus on legally complex matters. However, civil-society groups and lawyers have grown increasingly vocal about transparency, fairness, and the lawfulness of automated tools.
Released on Oct 14, 2025
Green leases – or ideology in contract law
For several years, the topic of ‘green leases’ has been discussed in law firm and auditing companies’ publications, as well as in specialised legal literature, most recently in Austria, in the journal immolex 2024/71. According to this recent discussion, a green lease is one in which the landlord and tenant agree on the ‘sustainable’ use and management of the rental property.
Released on Oct 14, 2025
The strategic use of Brazilian antitrust procedures in private disputes
In recent years, the Brazilian Competition Authority (Conselho Administrativo de Defesa Econômica, ‘CADE’) has increasingly become a forum for resolving predominantly private disputes. While the Brazilian Competition Law (Law No 12.529/2011. ‘BCL’) was designed to safeguard competition as a public good, parties increasingly use antitrust procedures strategically to influence private disputes, such as corporate transactions, contract enforcement, or judgment execution, whenever these matters fall within CADE’s jurisdiction.
Released on Oct 13, 2025