Committee publications
Designing Phase 5 of the OECD anti-bribery monitoring cycle: reflections from the Working Group on Bribery’s 2026 stakeholder consultation
In June 2026, the Working Group on Bribery convened a meeting of business representatives, defence practitioners, academics and civil society organisations in Paris to inform the process for designing Phase 5 of its peer review mechanism, following the gathering of written submissions between 22 April and 25 May. The authors took part in that exercise. This article records what was argued and what was heard, with the discussions reported in general terms and without attribution.
Released on Aug 6, 2026
Effective independent monitoring: from compliance oversight to transformation
This article explores the role of the independent monitor in assessing the effectiveness of integrity compliance programmes, based on experience of matters financed by the Inter-American Development Bank (IDB) Group. Monitoring is presented not as a conventional audit but as a structured, risk-based, independent process that tests whether a company’s integrity framework is well-designed, implemented and sustainable.
Released on Aug 6, 2026
Third-party risk management: lessons from Chile’s expanding corporate criminal regime
Chile’s Economic Crimes Act (Law No 21,595), which was enacted in August 2023, extended corporate criminal liability to offences committed by external third parties who manage a company’s affairs with others. This article argues that the reform demands a risk-based approach to third-party compliance: rather than treating every supplier, contractor and intermediary alike, companies should identify which relationships can generate criminal liability and calibrate the necessary due diligence, contractual safeguards and monitoring accordingly. In this context, the author recommends the adoption of a continuous, dynamic model of third-party due diligence that spans across the entirety of the company’s commercial relationships.
Released on Aug 6, 2026
Expanding the net: corporate executive liability and practical safeguards under India’s evolving anti-corruption regime
This article examines the expanding scope of corporate executive criminal liability under India’s evolving anti-corruption regime. It traces how enforcement, once focused on the ‘demand side’ of public sector bribery, has shifted towards the corporate ‘supply side’ and the enablers of illicit financial flows. Analysing Sections 9 and 10 of the Prevention of Corruption Act 1988, landmark rulings issued by the Supreme Court of India and the Corporate Laws (Amendment) Bill 2026, this article highlights the extent to which directors and managers now face direct exposure in relation to corruption offences and, thus, may be subject to mandatory imprisonment and automatic debarment. It concludes by providing some practical compliance safeguards for management personnel.
Released on Aug 6, 2026
The EU’s Anti-Corruption Directive: a new pillar of global anti-corruption enforcement
This article examines the European Union’s Anti-Corruption Directive (Directive (EU) 2026/1021), the first comprehensive EU criminal law framework to address corruption across all EU Member States. It analyses the Directive’s turnover-based penalty regime for legal persons, its dual-track corporate liability model and the role of compliance programmes as a structured mitigating circumstance rather than a defence to liability. The article compares this framework with the United States Foreign Corrupt Practices Act (FCPA) and the United Kingdom’s Bribery Act 2010, considers its alignment with Organisation for Economic Co-operation and Development’s (OECD) Anti-Bribery Convention, as well as the OECD’s jurisdictional reach, and discusses the practical implications for businesses with EU exposure ahead of the June 2028 transposition deadline.
Released on Aug 6, 2026
How representing whistleblowers can be powerful for corporate defence firms
Laws that reward whistleblowers in the US and the UK have changed what it means to be one. Utilising these transnational whistleblower reward laws can be a useful tool and opportunity for white-collar corporate defence work, if lawyers and defendants are willing to use some creativity and outside-the-box thinking for their strategy.
Released on Aug 6, 2026
Report from the latest Annual IBA Anti-Corruption Conference – 17-18 June 2026, London
This article provides a summary of the key sessions that took place at the recent Annual IBA Anti-Corruption Conference, held in London in June, as well as opening remarks and speeches delivered at the event.
Released on Aug 6, 2026
The rise of AI board members
For-profit boards are rapidly shifting from general exploration to making generative artificial intelligence (GenAI) an absolute strategic priority and the appetite for this integration only seems to intensify. The emergence of AI in the boardroom raises profound legal, ethical and governance questions. Can AI exercise fiduciary judgment? Who bears responsibility when AI-assisted decisions cause harm? And how should corporate law adapt when machines begin influencing or potentially making strategic decisions traditionally reserved for human directors? These questions are no longer theoretical; they are rapidly becoming central issues for modern corporate governance.
Released on Aug 6, 2026
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