Committee publications
IBA Aviation Law Committee: 2024 Annual Conference summary
A summary of the IBA Aviation Law Committee’s activities at the IBA Annual Conference in Mexico City from 15–20 September 2024.
Released on Oct 11, 2024
New criminal laws legalise male rape in India
The article discusses the most recent debate relating to the new criminal laws enacted by the Indian Government which legalise the offence of male rape.
Released on Sep 24, 2024
Thailand’s landmark move toward marriage equality: a beacon of hope in Southeast Asia
Thailand has made an historic advancement in LGBTQI+ rights by legalising same-sex marriage, becoming the first Southeast Asian nation to do so. This significant milestone ensures equal marital rights for LGBTI+ couples and sets a progressive precedent for the region, reinforcing Thailand’s commitment to social justice and human rights.
Released on Sep 24, 2024
Key Panamanian corporate vehicles for asset protection of modern families
The article discusses the various corporate vehicles available in Panama, such as corporations, private interest foundations and trusts, which offer robust asset protection solutions for modern families, including same-sex couples. It highlights the legal benefits and flexibility these structures provide, enabling secure estate planning and financial management despite the lack of recognition for same-sex marriages in many jurisdictions.
Released on Sep 24, 2024
Fighting homophobic language in sports: an ongoing challenge
Homophobic language in the field or court remains a rampant reality in the sports scene worldwide. Therefore, it is of paramount importance that all jurisdictions pass explicit and specific legislation addressing, prohibiting and sanctioning hate, violence and intolerance in sports in general, and homophobic conduct and slurs specifically. This paper shall essentially be centered around a draft bill being reviewed by the Uruguayan Parliament, as a recent and comprehensive example to follow.
Released on Sep 24, 2024
IBAHRI joint statement to the 57th Session of the UNHRC on Mongolia’s failure to arrest President Putin
On 24 September 2024, at the 57th UN Human Rights Council session, Francesca Restifo of the IBAHRI delivered a statement on Mongolia's failure to arrest Russian President Putin under an ICC warrant during his visit.
Released on Sep 24, 2024
Dutch real estate market in 2024 – update on relevant tax developments
The Dutch real estate market continues to be an important focus area for both domestic and foreign investors and developers. Although arguably not the key driver, taxation is an important element to consider as part of the return on investment. This article provides a high-level categorised overview of notable tax developments in Dutch case law, as well as of adopted and expected law changes, relevant for the Dutch real estate market.
Released on Sep 18, 2024
Guidelines and Regulations to Provide Insights on Public Policies to Ensure AI’s Beneficial Use as a Professional Tool
The Artificial Intelligence Working Group of the IBA Alternative New Law and Business Structures (ANLBS) Committee presents a comprehensive, up to date guide to the use of artificial intelligence as a professional tool, covering the main multilateral organisations and nine jurisdictions worldwide.
Released on Sep 18, 2024
Presidential project: Artificial intelligence and technology
During the IBA 2023 Annual Conference in Paris, the IBA President announced the formation of an artificial intelligence (AI) project task force as a presidential initiative encompassing all parts of the Association.
Released on Sep 16, 2024
Outsourcing and employment rights – two changes in the Portuguese employment regime and their implications
It’s not news that globalisation and technology have revolutionised the market, increased competition and put pressure on labour market. However, this context places the employees of outsourcing services and the employees of potential clients in an increasingly delicate situation. Last year, the Portuguese legislator implemented two (not so straightforward) measures to protect both groups: applicability of client's collective regulation to outsourced employees and limitation of outsourcing after collective redundancies. The implementation and effects of this are still unclear and waiting for court rulings. Nonetheless, there is an urgent need to clarify the rules to better protect employees and their rights.
Released on Sep 12, 2024
From the Co-Chairs - Arbitration Committee bulletin September 2024
We are delighted to welcome you to this special edition of the IBA Arbitration Committee newsletter, which celebrates 25 years of Annual IBA Arbitration Days.
Released on Sep 12, 2024
From the Editors - Arbitration Committee bulletin September 2024
this edition contains ten articles from co-chairs of past IBA Arbitration Days and offers their reflections on the evolution of international arbitration through the lens of the events that they chaired. The articles traverse the dynamism of our field and the continued relevance of the discussions that have taken place during IBA Arbitration Days. We have also included a link to a short video featuring twelve of the former chairs and co-chairs that was shared with the arbitral community at the 25th Annual IBA Arbitration Day in Singapore.
Released on Sep 12, 2024
Video: Celebrating the IBA Arbitration Day's 25 years
This video, which was prepared for the 25th Annual IBA Arbitration Day in Singapore on 23 February 2024, celebrates the quarter of a century that the Arbitration Day has been held. David Rivkin and Wolfgang Kühn, co-chairs of the first Arbitration Day in 1997, together with ten other chairs and co-chairs from the event’s history, reflect on the diverse topics covered in previous editions, consider the impact that the Arbitration Day has had on the development of arbitration across the world, and share their ambitions for its future.
Released on Sep 12, 2024
The healthy path to a healthy award
What is a deliberation? Should it be structured or otherwise regulated? Should there be transparency in the tribunal’s deliberative process? Can there be a good award without a well-structured and organized deliberation? Should there be a status of the dissent? This article addresses how the 2013 IBA 16th Arbitration Day debated these fascinating issues which still are at the core of the most fundamental stakes of modern international arbitration.
Released on Sep 12, 2024
Recovery of third-party funding in international arbitration
The determination and allocation of cost in international arbitration was a hot topic at the first IBA International Arbitration Day in 1997. It reflected a clash between civil law and common law procedural rules in international arbitration and no general view or opinion with respect to recovery of cost had yet been established. This situation has not substantially changed to this day and the “Recovery of Third Party Funding in International Arbitration” is still a hot topic affecting the basis of international arbitration for its users as well as the international business community. It is also a key issue that might affect corner stones of international arbitration, which are predictability of risk (including cost risk) and enforceability of cost awards. In dispute in particular is whether laws and rules should be amended to prohibit the recoverability of third party success-contingent premiums or fees.
Released on Sep 12, 2024
Arbitration of corporate disputes
This article presents Bernardo Cremades' reflection on the profound implications of the discussions that took place during the 2002 International Arbitration Day in Brussels, an event over which the author presided. It specifically focuses on the repercussions these discussions have had on the legal landscape of corporate arbitration.
Released on Sep 12, 2024
Has China met the expectations that were set during the 2016 IBA Arbitration Day?
Nearly a decade has passed since the IBA Arbitration Day in Shanghai in March 2016, the first and to date only IBA Arbitration Day held in the People’s Republic of China. Multiple speakers expressed the view during the conference that, as a jurisdiction that is rapidly globalizing with an international outlook, China’s place in the international arbitration community was established and would only expand in importance. Justice Shen Hongyu of the People’s Supreme Court gave an address describing China as an enforcement-friendly jurisdiction. Not long after the 2016 IBA Arbitration Day, one commentator addressed how China might soon become an ‘international arbitration superpower’. Today, in 2024, we reflect on whether these expectations have been met. The answer is: more ‘no’ than ‘yes’.
Released on Sep 12, 2024
Innovation in arbitration: The technological revolution in dispute resolution
Samaa Haridi: The International Bar Association’s 23rd Annual Arbitration Day, which I had the honor of co-chairing in Istanbul in 2022, focused on a theme that has become increasingly significant: "Innovation 360: New and Novel Ideas for the Practice of Arbitration." As we navigate the complex and evolving field of international arbitration, one thing is clear—technology is revolutionizing the way we resolve disputes, bringing efficiency, accessibility, and transformative change to our practice. Although disputes are an inevitable part of global commerce, we now have the tools to handle them in ways that were previously unimaginable. Arbitration, already a preferred alternative to litigation for its flexibility and efficiency, is on the cusp of even greater innovation. This article explores the ways in which technology is driving this change and how the arbitration community can thoughtfully embrace it.
Released on Sep 12, 2024
A changing arbitration world and the IBA role
Claus von Wobeser, Arbitration Committee Chair 2005-2006 and organiser of the IBA Arbitration Day during that time, reflects on the evolution of international arbitration and the role of the IBA in supporting its development.
Released on Sep 12, 2024
Plus ca change...
David W Rivkin: As I look back on the programs for the first and second IBA International Arbitration Days, I am struck by how relevant the programs would remain today but also by how much the practice of international arbitration has changed.
Released on Sep 12, 2024
Burden and standard of proof in international arbitration and related proceedings
Anne-Veronique Schlaepfer: Evidence and its use in international arbitration is as relevant today as it was at the 20th Annual IBA International Arbitration Day in Milan. In this short article, I revisit the topics highlighted by the IBA Arbitration Committee and addressed by experienced and talented practitioners in our continued efforts for excellence in the practice of international arbitration.
Released on Sep 12, 2024
Sanctions and commercial arbitration: The impact of the invasion of Ukraine on questions of jurisdiction and merits
Julie Bedard: When we participated in the 22nd IBA Arbitration Day in March of 2019, few could have predicted the five years to come. A mere twelve months after the Conference, a global pandemic forced much of the world’s population into lockdown, taking millions of lives along the way. Two years later, Russia invaded Ukraine.
Released on Sep 12, 2024
The role and responsibilities of an arbitrator
Audley Sheppard KC: The theme of the 10th IBA International Arbitration Day held in Madrid in March 2007, being ‘The Role and Responsibilities of an Arbitrator’, is as relevant today as it was then.
Released on Sep 12, 2024
The protection of intellectual property rights in Pakistan
In Pakistan, intellectual property rights (IPRs) are safeguarded through a legal system which aims to protect and advance innovation, investment and creativity. Patents, trademarks, copyrights and industrial designs are some of the domains covered by the Pakistani IPRs regime. This article will highlight the methods of protection in terms of IPRs in Pakistan and will discuss the procedures relating to disputes related to the infringement of such rights.
Released on Sep 11, 2024
Updated: An overview of Nigeria’s dynamic cryptocurrency regulatory landscape
Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban on cryptocurrency usage or trading, the regulatory regime remains in a state of flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating the risks, such as foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.
Released on Sep 11, 2024
The employee’s right to disconnect in Canada and Australia
New legislation in Canada and Australia enables employees greater access to the ‘right to disconnect’ (RTD) from the workplace outside ordinary working hours. Different approaches are being adopted. In Ontario, Canada employers must develop a RTD policy for their organisation. The Australian Federal Government has opted for a more comprehensive and detailed RTD scheme that will apply to most employers.
Released on Sep 11, 2024
Site visit model protocol for international arbitration
In the experience of the Working Group for the Site Visit Model Protocol (the ‘Working Group’), site visits can be a helpful procedural tool in international arbitrations. They serve two general purposes.
Released on Sep 10, 2024
Tenant mix in shopping malls in Brazil: understanding of the Brazilian Superior Court of Justice regarding the responsibilities and limitations of the property manager
This article aims to clarify the concept of tenant mix in shopping malls and to deal with the limitations and responsibility of the landlord or property manager when organising it. To this end, we bring information about a recent decision of the Brazilian Superior Court of Justice, when judging a tenant’s compensation claim, based on an alleged predatory tenant mix by the shopping mall manager, which authorised the lease of a new store, conducting similar business, close to the establishment of the tenant.
Released on Sep 9, 2024
Student residences in Austria: investment opportunities in a flexible framework
Student residences fall outside the scope of the Austrian Tenancy Act and operators have more freedom in determining the contents of the lease. Student residences may be considered an attractive and lucrative asset class in Austria.
Released on Sep 9, 2024
Doing business in Norway
The legal framework for real estate transactions and leasing real estate in Norway is predictable and transparent, as it is widely based on industry standards. The article provides a brief overview of doing business in the commercial real estate market in Norway.
Released on Sep 9, 2024