Committee publications
Legal ethics and management in the digital age – need for three-pronged approach towards confidentiality, privilege and social media
The rapid growth and expansion of the internet in the 21st century has had an all-engulfing Midas touch, reaching into every aspect of personal, professional and business communication. This has tested the resilience of professional ethics in more ways than one.
Released on Nov 29, 2024
Injunctions against ‘persons unknown’ as a potential remedy for victims of cyberattacks
As the legal sector handles increasing amounts of sensitive data online, managing a legal team now involves heightened focus on ensuring the protection and confidentiality of client information, personal data, legal strategies, proprietary information and highly confidential data from cyberthreats. This article considers a case in the United Kingdom illustrating the intersection of legal strategy, cybersecurity and the concept of injunctions against unknown defendants involved a professional services firm that suffered from a ransomware attack.
Released on Nov 29, 2024
England and Wales’ digital era: no blank space when litigating in this jurisdiction
On 11 September 2024, the Property (Digital Assets etc) Bill was introduced to Parliament in England. For the first time ever, digital assets can now be considered as personal property under English statutory law. In this article, we seek to explore the key provisions of the Bill, and the implications for conducting litigation in the digital age
Released on Nov 29, 2024
Is AI finally going to take our jobs? Meeting client AI/technological demands while supporting junior lawyers' development
AI, particularly generative AI, has the power to reshape the legal industry by automating repetitive tasks; improving accuracy; and allowing lawyers to focus on higher-value, strategic work. The potential is immense: firms can reduce costs; increase efficiency; and deliver better value to clients – all while driving firm profitability. But what does this shift mean for the largest employment sector for lawyers – firms themselves? Law firms now face a dual challenge: adopting AI to meet client expectations while ensuring junior lawyers are trained and equipped to thrive in an AI-enhanced legal landscape.
Released on Nov 29, 2024
Don’t settle for less: lessons in achieving successful settlement strategies for young litigators
Session report from the IBA Young Litigators Forum, Amsterdam, 17 April 2024: Do litigation lawyers have to be tough, unyielding and ready to litigate until the very end? Clients prefer solutions that prioritise their business needs rather than prolonging the litigation process, which serves the lawyers’ business instead. In the end, clients will value a lawyer for their ability to reach a favourable settlement. Deciding when to settle versus when to litigate is crucial for any litigation lawyer, irrespective of their specialty.
Released on Nov 29, 2024
The implementation of EU Directive 2020/1828 on representative actions for the protection of the collective interests of consumers – the same style in a different colour?
The third session of the IBA Annual Litigation Forum 2024 was held in the impressive building of the Netherlands Commercial Court (NCC). After welcoming speeches by Eveline de Greeve, President of the Amsterdam Court of Appeal, and Duco Oranje, President of the NCC Court of Appeal, participants had the opportunity to discuss dynamics and trends in class actions in a workshop format.
Released on Nov 29, 2024
IBA Annual Litigation Forum: The Hague Conference on Private International Law
The IBA Annual Litigation Forum 2024 started on 18 April with the first session concerning the Choice of Court Convention 2005 and Judgments Convention 2019, two recent conventions of the Hague Conference on Private International Law (HCCH). Sara Chisholm-Batten (Michelmores, London) and Dr Urs Hoffmann-Nowotny (Schellenberg Wittmer, Zürich) moderated the distinguished panel consisting of Dr Christophe Bernasconi (Secretary General of the HCCH, The Hague), Blossom Hing (Drew & Napier, Singapore), Thomas Plewman KC (Brick Court Chambers, London), and Dr Norel Rosner (European Commission, Brussels).
Released on Nov 29, 2024
Hot topics in the midst of crisis: surviving sanctions, litigation enforcement and reputational management
The ‘Hot topics in the midst of a crisis’ session took place at the IBA Litigation Forum in Amsterdam on 19 April 2024. The session began at 0900 with a Q&A with Simon Davison, Director of Investigations at AnotherDay, moderated by Keith Oliver, Head of International at Peters & Peters, Vice Chair of the IBA Asset Recovery Committee.
Released on Nov 29, 2024
Class actions – third-party litigation funding
The session on third-party funding of class actions at the IBA Annual Litigation Forum in April 2024 was run by Robert Johnston, Chair of the IBA Class Action Committee and Head of Litigation at JWS lawyers in Sydney, Australia. The panellists included Henry Warwick KC, one of the leading silks involved in the historic group litigation on behalf of 555 UK sub-postmasters against the Post Office, the success of which was only possible because of litigation funding. Representing the defence side of the bar was Justyna Niemczyk, a lawyer from De Brauw, one of the Netherlands’ leading corporate law firms and a specialist in the new Act on Collective Damages in Class Actions (Dutch acronym WAMCA) class action laws introduced in 2020. The funders were represented by Patrick Moloney, CEO of litigation ‘financier’ LCM listed in Australia and the UK, and active also in Asia. Patrick bought a broader, more global view to the panel.
Released on Nov 29, 2024
Litigating in China: Domestic proceedings and cross-border enforcement – webinar report
On 14 June 2024, the IBA Litigation Committee and IBA Asia Pacific Regional Forum presented the first of the Litigation Asia Pacific Webinar Series, entitled ‘Litigating in China: domestic proceedings and cross-border enforcement’. It provided insights into strategies for international parties seeking to litigate against Chinese counterparts under the latest legal framework.
Released on Nov 29, 2024
Enforcement, warrants of arrest and detention of debtors under UAE law
Every judgment creditor has the right to enforce measures against a judgment debtor if the debtor fails to comply with a judgment voluntarily. The legal framework in Dubai for the enforcement of civil and commercial judgments, as well as in other parts of the UAE, has undergone significant change over the past two years. These changes have eliminated certain harsh measures against debtors and revised the legal dynamics between debtors and creditors.
Released on Nov 29, 2024
France’s draft Finance Bill for 2025 - balancing fiscal justice and economic growth
As France faces significant economic challenges characterised by mounting public debt and a record-high deficit, the draft Finance Bill for 2025 is currently being discussed before the French Parliament. The Bill seeks to reduce the public deficit from seven per cent to five per cent of gross domestic product through a €19bn revenue increase, introducing new taxes targeted at high-income individuals and large corporations. The legislative process is complicated by a hung parliament and social crises. Despite the government’s efforts to address all the issues at stake, ongoing political instability raises questions about the efficacy and stability of France’s economic policies.
Released on Nov 25, 2024
Individual accountability for directors and managers in banks and other financial institutions
This panel session on individual accountability for directors and managers in banks and other financial institutions explored the benefits and drawbacks in terms of individual accountability laws and regulations, which aim to prevent misconduct by financial institutions by holding directors and managers responsible for failures in their area of responsibility. The speakers discussed the different approaches and challenges in their respective jurisdictions, as well as the best practices to minimise liability.
Released on Nov 22, 2024
New tax developments in Turkey 2024
Various changes were made to the Turkish tax system via Act No 7524, which was published in the Official Gazette on 2 August 2024. This article describes some of the important changes resulting from the Act.
Released on Nov 22, 2024
The incentive regime for large investments in Argentina - an overview
This article provides an overview of the Incentive Regime for Large Investments (RIGI) established by Law 27742 in Argentina, which offers a comprehensive framework of tax, customs and foreign exchange incentives aimed at promoting significant investments in key business sectors. This article explores the main features, eligibility requirements and benefits of the RIGI, highlighting its potential to attract substantial foreign and domestic investments in Argentina.
Released on Nov 21, 2024
A Ghanaian case study on commercial paper: a blessing or a curse?
Commercial paper is a short-term debt instrument issued by companies. It’s typically used to raise funds quickly for various purposes, such as financing working capital needs, funding short-term projects or covering temporary cash flow shortages to finance short-term liabilities, such as augmenting working capital, fulfilling temporary cash flow gaps and addressing immediate financial obligations. Investors seeking a safe and short-term investment option often find commercial paper attractive due to its relatively low risk and competitive returns compared to other short-term investments.
Released on Nov 20, 2024
Enhancing financial integration in Ghana through interoperable payment systems: a closer look at PAPSS and EPSS
A review of Ghana’s role in interoperable payment systems integration in Africa, at the point that the country has joined the Pan-African Payment and Settlement System.
Released on Nov 20, 2024
Background checks in banks and conflicts with ban-the-box laws
In the US, numerous federal, state and local laws require banks to run criminal background and credit checks on employees and applicants for employment. These include the Federal Deposit Insurance Act, the Securities and Exchange Act, the Secure and Fair Enforcement for Mortgage Licensing Act, the Truth in Lending Act and various Financial Industry Regulatory Authority rules.
Released on Nov 20, 2024
Value-added tax on digital services in Peru
Legislative Decree No 1623, enacted on 4 August 2024, has introduced significant changes to Peru’s framework on value-added tax, extending its application to digital services and intangible goods acquired by Peruvian consumers from foreign providers. This reform addresses the expanding digital economy, imposing new tax obligations on non-resident providers and payment intermediaries, particularly financial institutions.
Released on Nov 18, 2024
Using the practice of law to facilitate change and to accelerate a just transition
A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.
Released on Nov 14, 2024
Session report two: IBA Annual Conference in Mexico City
A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.
Released on Nov 14, 2024
Session report one: IBA Annual Conference in Mexico City
A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.
Released on Nov 14, 2024
Highlights from the IBA Annual Conference 2024: venture capital trends
Highlights from the IBA Annual Conference 2024.
Released on Nov 14, 2024
Draft Italian Budget 2025 broadens the scope of the Italian digital service tax
Italy’s digital services tax could undergo its most significant transformation since its introduction in 2020. Initially conceived as a tax targeted at large multinational technology companies, the 2025 Draft Italian Budget drastically broadens the tax's scope, extending its application to resident and non-resident digital enterprises irrespective of their revenue.
Released on Nov 13, 2024
Practical guide on the preferential tax regimes available for individuals moving their tax residency to Greece
Since the end of 2019, Greece has been on list of countries that have enacted favourable tax regimes, designed to attract individuals to move their tax residence to the country. These regimes are the non-dom tax regime, the foreign pensioner’s tax regime and the employee and self-employed regime, known as 5A, 5B and 5C regimes, respectively, as per the corresponding articles in the Income Tax Code, which introduced them. This article provides an overview of the most important features of each of these tax regimes, considering the most recent amendments and administrative interpretations since their enactment.
Released on Nov 13, 2024
The Australian Tax Office’s unique approach to profit attribution and the implications for permanent establishments in Australia
In the view of the authors, the Australian Taxation Office (ATO) persists in adopting a method for attributing profits to permanent establishments (PEs) that is misaligned with international standards. This divergence may result in foreign taxpayers encountering a tax burden in Australia that is considerably more substantial than they might have anticipated. In this article, we examine the ATO’s methodology and explain why it can often culminate in an unusually high tax imposition on PEs within Australia.
Released on Nov 13, 2024
Chile VAT: new regulations for business to consumer sales transactions on digital marketplaces
As a measure to tackle the informal economy and tax evasion and to promote fair trade, Law No 21,713 on Compliance with Tax Obligations, enacted on 25 October 2024, incorporates relevant changes on the tax treatment applicable to the international business to consumer digital trade of goods. As a result, the responsibility for value-added tax collection on imports of low-value goods is shifted from customs authorities to the digital intermediation platforms facilitating such transactions. The specifics of these new regulations are set out in this article.
Released on Nov 13, 2024
Beacons of light in the gloomy withholding tax situation in Poland
This article discusses the current situation in regard to withholding tax in Poland and recent precedent-setting judgments by the administrative courts regarding the exemption of Luxembourg reserved alternative investment funds from withholding tax in Poland.
Released on Nov 13, 2024
The draft Finance Bill 2025: France adapts its merger tax regime to recent EU-driven corporate law reforms
The draft Finance Bill for 2025 was released on 11 October 2024 and is due to be examined by Members of the French Parliament from 21 October 2024. The merger tax regime for corporate restructurings is to be adapted (Article 17 of the draft Finance Bill) following the Ordinance 2023-393 of 24 May 2023 and Decree No 2023-430 of 2 June 2023, which transposed EU Directive 2019/2121 and reformed the legal regime in regard to company law. This article examines these developments.
Released on Nov 13, 2024
Brazil’s path to decarbonisation: tax incentives and policies on hydrogen and biofuels
Brazil is taking significant steps towards becoming a leading country in projects related to the energy transition. The second half of 2024 saw the enactment of important laws on hydrogen and biofuels/green fuels, which delivers a clear message: Brazil is committed to playing a key role in the energy transition.
Released on Nov 13, 2024