Committee publications
When companies can't sue but can still injunct: Hong Kong's tort of harassment ruling in comparative context
On 9 January 2026, in Sir Elly Kadoorie & Sons Ltd v Samantha Jane Bradley , the Hong Kong Court of Final Appeal ("CFA") formally confirmed, for the first time at Hong Kong's highest Court, that the common law of Hong Kong recognises a tort of harassment, determines what its constituent elements are, whether a company may sue in harassment, and whether a corporate employer may nonetheless seek injunctive relief to restrain harassment directed at its employees.
Released on Oct 1, 2026
No safe harbour: The growing power of US discovery in cross-border disputes
Section 1782 of the United States Judiciary Act has become one of the most powerful tools available to international litigants seeking evidence located in the United States. As cross-border disputes grow in volume and complexity, the statute’s utility has expanded commensurately. What began as a relatively obscure mechanism for cross-border judicial assistance has evolved into a critical component of cross-border litigation strategy.
Released on Oct 1, 2026
No shortcuts by default: what recent US crypto cases teach about jurisdiction, identity and non-participation
Over the past year, US courts have clarified how familiar procedural rules apply when digital assets, foreign actors and default intersect. Recent decisions concerning the situs of Ether (i.e. the location of a digital asset), abandonment of a jurisdictional challenge and a fraudster's misuse of a legitimate financial firm's identity carry a common message: non-participation does not cure defects in jurisdiction, service, attribution or proof. For cross-border litigators, the practical task is to build a record that will survive both default judgment and enforcement.
Released on Oct 1, 2026
Obtaining evidence in North Macedonia under the Hague Evidence Convention: practical guidance on Chapter II commissions and the new civil procedure framework
This article provides practical guidance on the use of the Hague Evidence Convention for cross-border evidence gathering in North Macedonia. Based on experience with Convention commissions in foreign proceedings, this article describes the Chapter II framework, which permits a duly appointed Commissioner to take voluntary witness testimony without compulsion. The article sets out the practical steps for obtaining such testimony by video link, including the role of the Ministry of Justice as the competent authority, the permission requirements under Articles 17 and 21 of the Convention, and the conditions that Commissioners must observe. The 2020 Guide to Good Practice issued by the Hague Conference expressly contemplates video-link evidence-taking under Chapter II and informs the procedural approach outlined here.
Released on Oct 1, 2026
South Africa's Supreme Court of Appeal clarifies challenges to international arbitral awards
In Kingdom of Lesotho v Frazer Solar GmbH and Others, South Africa's Supreme Court of Appeal delivered a split decision on setting aside an international arbitral award and rescinding an enforcement order. A six-judge majority rescinded the enforcement order, but a five-judge majority refused to set aside the award because the application was brought outside the three-month period in article 34(3) of the UNCITRAL Model Law. The decision confirms strict time limits while preserving a separate route to resist recognition or enforcement under article 36.
Released on Oct 1, 2026
Separate questions, separate standards: sovereign disputes in US courts after Devas, Blasket and YPF
Over the past twelve months, three developments have refined how parties litigate against foreign states in United States courts. The Supreme Court confirmed that personal jurisdiction over a sovereign turns on the FSIA’s immunity exceptions and proper service, with no separate ‘minimum contacts’ requirement (CC/Devas v Antrix). It then declined, against the partial urging of the US government, to disturb the DC Circuit’s holding that an arbitration agreement’s existence is distinct from its scope, leaving intra-EU objections for the arbitrators (Kingdom of Spain v Blasket). And the Second Circuit set aside the US$16.1bn YPF judgment against Argentina, believed to be the largest ever entered against a sovereign, on the merits of Argentine law reviewed de novo (Petersen v Argentine Republic). Across all three, US courts are treating jurisdiction, arbitrability and the merits as distinct inquiries, each governed by its own standard of review, and they decline to collapse them into a single contest over sovereign liability. The practical lesson for practitioners on both sides of sovereign disputes in the United States is that prevailing at one stage secures little at the next.
Released on Oct 1, 2026
Service of foreign judicial documents in civil and commercial matters is made easier in Ukraine
Digitalisation of Ukraine’s civil justice system is reshaping an area that has traditionally seen little procedural change: execution of foreign requests for service of judicial documents in civil and commercial matters
Released on Oct 1, 2026
The evolution of admissibility of digital evidence in India
Transition from paper trails to digital footprints has transformed the proving of facts in courts. E-mails, messaging app logs, CCTV archives, server logs, etc., routinely feature in civil and criminal litigations. The repealed Indian Evidence Act, 1872 (“IEA”) adapted to this reality through sections 65A-65B, primarily, drafted for an era of standalone computers, optical or magnetic media. Similarly, the Bharatiya Sakshya Adhiniyam, 2023 (“BSA”) seeks to consolidate and modernise evidentiary rules, including dealing with electronic and digital records. This article examines three issues: (i) whether the BSA modernises admissibility or substantially replicates Section 65B of the IEA; (ii) whether BSA is technology-neutral to accommodate evolving platforms such as Artificial Intelligence (“AI”) systems and synthetic media, and (iii) whether BSA provides adequate safeguards against deepfakes, data manipulation, and opaque AI outputs.
Released on Oct 1, 2026
US FTC v Ukrainian IT: Cross-border service of US court documents and enforceability in Ukraine
In June 2026, the US Federal Trade Commission (FTC) brought proceedings against Genesis Tech , probably, the largest Ukrainian IT Group. For Ukraine's IT sector, and not only Ukraine's, it is the case that will be shaping market practices. it also shows how quickly US proceedings concerning digital businesses can acquire a cross-border dimension. That cross-border dimension is not limited to the merits of the FTC's allegations. This raises a separate and practical question for companies and individuals: when a US court grants urgent relief, what amounts to proper service in a foreign jurisdiction, and can that order actually be recognised and enforced there?
Released on Oct 1, 2026
Ghana's High Court reasserts the limits of arbitral autonomy: lessons from the Boankra Inland Logistics Terminal dispute
Arbitration has long been promoted in Ghana and the world at large as an efficient and final mechanism for resolving commercial disputes, with judicial intervention intended to remain exceptional. However, the decision of the High Court of Ghana in Justmoh Construction Limited v. Ashanti Port Services Limited (May 2026), setting aside a US$33.3 million arbitral award arising from the Boankra Inland Logistics Terminal project, serves as a significant reminder that arbitral autonomy is neither absolute nor immune from judicial scrutiny. The Court identified three fundamental defects: the claimant's lack of corporate capacity to commence arbitration, the improper constitution of its board of directors, and its failure to comply with mandatory contractual pre-arbitration dispute resolution procedures. This article considers the significance of the decision for commercial litigation and arbitration in Ghana and examines its implications for parties engaged in cross-border disputes.
Released on Oct 1, 2026
When sanctions freeze the contract: Lithuanian courts on non-performance, damages and the limits of civil liability under EU restrictive measures
Over the past twelve months, Lithuanian courts have produced a settled line of authority on a question with obvious cross-border resonance: who bears the losses when EU sanctions make contractual performance unlawful? Building on a June 2024 Supreme Court ruling that asset-freezing measures render pre-existing contracts non-performable for as long as the measures apply, the Lithuanian Court of Appeal in March 2025 dismissed damages claims of approximately EUR 8 million and EUR 6 million brought against an electricity supplier that had been identified as controlled by a designated person. The courts held that suspending or terminating the affected contracts was the only lawful course of action, so no unlawful act – and hence no civil liability – could arise from sanctions-driven non-performance. The Supreme Court has since declined to reopen these rulings and saw no need for a preliminary reference to the Court of Justice of the European Union (CJEU). For businesses transacting in or through the Baltic region, the message is that sanctions risk is, in effect, allocated to whichever party it happens to fall on.
Released on Oct 1, 2026
The International Bar Association and JuraLaw International™ Co-Publish Law, Ethics, and Armed Conflict: An International Law Reader
The International Bar Association and JuraLaw International™ are proud to announce the co-publication of Law, Ethics, and Armed Conflict: An International Law Reader, to which members of the IBA Human Rights Law Committee have contributed.
Released on Oct 1, 2026
Mining Law Committee – From the Editors – October 2026
A note from the Newsletter Editors of the IBA Mining Law Committee, Virginia Schweitzer and Xiaofeng Cheng.
Released on Sep 28, 2026
The Los Bronces–Andina Alliance: a unique mining joint venture in Chile
In 2025, Anglo American and Codelco announced the Bronces–Andina alliance, a first-of-its-kind partnership which fully integrates two major copper mines – owned by different companies – into a single coordinated operation without merging their ownership. This innovative structure allows Anglo American’s Los Bronces mine and Codelco’s Andina mine to be run under one unified mine plan, unlocking significant extra value and production that neither could achieve alone.
Released on Sep 28, 2026
Mapping energy transition minerals permitting initiatives: a research project funded by the IBA Special Projects Fund
The accelerating demand for energy transition minerals has prompted a new wave of permitting-related reforms in a range of mining jurisdictions. Governments are increasingly treating mineral development as a strategic priority for industrial policy, energy security and supply-chain resilience, and are redesigning legal and administrative frameworks accordingly. A set of these reforms are often described in general terms as ‘streamlining’ or ‘fast-tracking’, but there has so far been no systematic legal analysis of how they are designed, how they operate, and how they differ.
Released on Sep 28, 2026
Algeria’s new mining law: between liberalisation and sovereignty
After more than a decade under Law No.14-05 of 24 February 2014 (Law 14-05), Algeria has reshaped its mining regime with the adoption of Law No. 25-12 of 3 August 2025 (the New Mining Law), published in the Official Gazette, No. 52 on 7 August 2025.
Released on Sep 28, 2026
Critical minerals and global governance
Critical minerals are essential to advanced industries such as electronics, defence, and renewable energy, yet growing demand has intensified concerns over supply risks, geopolitical tensions, and environmental impacts. The Covid-19 pandemic exposed structural vulnerabilities in global supply chains, reinforcing the urgency of securing stable and sustainable access to these resources.
Released on Sep 28, 2026
Meet the officer
Eduardo C Botello Adame is the Managing Partner of Santos Elizondo, a full-service firm based in Monterrey, Mexico. He joined the firm in 2005, became a partner in 2016 and has led it since 2023. Nicole Phillis, the North American Regional Forum’s Publications Officer, sat down with him for a conversation about running a law firm, why the IBA is worth the flights and what he does when he is not doing any of that
Released on Sep 21, 2026
Clean onboarding in an era of employee mobility: ten best practices to reduce trade secret and confidential information disputes in the United States
Employee mobility litigation has proliferated as employers compete for talent in increasingly fluid labour markets. At the same time, courts have become more skeptical of broad restraints on mobility, particularly in jurisdictions such as California. As a result, many employers are seeking out guidance on how to avoid mobility disputes before they even start. The following best practices can help organisations implement a defensible and ethical onboarding programme to prevent mobility disputes before they even arise.
Released on Sep 21, 2026
Join us in Copenhagen for NARF Programming
The IBA’s North American Regional Forum (NARF) will present a robust series of programmes at the 2026 International Bar Association Annual Conference in Copenhagen, exploring many of the most important developments affecting North American business, trade, governance, and the legal profession. From the future of the USMCA and regional trade integration to constitutional law, corporate risk management, and sustainability, NARF's programming will provide timely insights from leading practitioners, academics, business leaders, and public officials from across the US, Canada and Mexico.
Released on Sep 21, 2026
A message from the IBA North American Regional Forum Chair
It has been a fantastic year for the North American Regional Forum! Richard Singleton, IBA NARF Chair, invites members to join us for another exciting year of engagement, collaboration and thought leadership within the International Bar Association
Released on Sep 21, 2026
‘Economic reality’ check: worker classification issues in the US
In 2024, a federal judge in California observed that ‘[d]rawing the line between ‘employee’ and ‘independent contractor’ is a difficult task, with significant consequences for workers and businesses, that has long vexed courts and lawmakers across the country’. Labour and employment attorneys keeping pace with this ever-changing area of law may also count themselves among the vexed. To help explain why this area of law has frustrated so many for so long, this article provides an overview of the concept of worker classification, discusses its significance to various stakeholders and identifies several recent inflection points in the debate regarding independent contractor status in the US.
Released on Sep 21, 2026
Cross-border transactions: A drafting guide for international sales contracts
International commerce and distribution raise several idiosyncratic legal challenges in addition to business considerations that need to be carefully evaluated in a shifting context of import and export frameworks.
Released on Sep 16, 2026
The rule of law backsliding survey report
The IBA Rule of Law Forum has conducted a worldwide survey of lawyers as part of a project on rule of law backsliding.
Released on Sep 15, 2026
The Greek Golden Visa after the 2024–2026 overhaul: current rules and the investment route to watch
Greece remains one of the few EU jurisdictions offering residence through direct real estate investment, but the 2024–2026 reforms have shifted eligibility from a simple price threshold to a matter of asset characterisation – making careful due diligence essential. This article sets out the current real estate routes and highlights a proposed portfolio-based category, which would link Golden Visa eligibility to long-term rental housing.
Released on Sep 9, 2026
Driving resolution for stalled real estate projects in Vietnam
For over a decade, legal irregularities in land administration have been one of the most persistent structural constraints on Vietnam’s real estate market. In response, many legislative instruments have been issued, reflecting Vietnam’s strong determination to address these long-standing matters, unlock investment flows and enhance transparency in the real estate market
Released on Sep 7, 2026
The redevelopment of shopping centres and the rise of mixed-use developments in Brazil
This article analyses the transformation of shopping centres in Brazil into mixed-use developments and its impact in the market.
Released on Sep 7, 2026
Why should Iraq accede to the Rome Statute? Strengthening domestic accountability while preserving sovereignty
Rather than being an isolated phenomenon, mass atrocities have recurred throughout modern Iraqi history, affecting almost all major ethnic, religious and sectarian communities. This pattern began with the Simele massacre against the Assyrian Christian minority in 1933, followed by the forced displacement and mass denationalisation of Iraqi Jews between 1950 and 1951
Released on Sep 7, 2026
Voices from the field – Leon Liu
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 Leon Liu, the Committee’s Regional Representative for Asia Pacific, who discusses China's challenges regarding 'foreign-related law', their implications and involvement with national security and the developing strategies that will be used against these in the future.
Released on Sep 2, 2026
Palestine conflict, social media freedom of speech and employment law – a challenge for all involved
We live in a world of many controversial topics, and where opinions raised in social media by employees may influence how their employer is seen by the public. Consequently, employers try to restrain their employees’ public statements. This article highlights a Higher Regional Labour Court of Mainz decision regarding the summarily dismissal of a professional football player in connection with his statements related to the Israel-Palestine-conflict following the Hamas terror attack in October 2023, and the counter strikes by Israeli military forces.
Released on Sep 1, 2026