Committee publications
Constituting tribunals in investment arbitration
The IA Subcommittee has worked with four of the major arbitral institutions administering investment arbitrations to obtain that data and related statistics
Released on May 29, 2025
Getting to Know the ERF – Alessandro Barzaghi
Get to know the European Regional Forum’s Council Member for Italy, Alessandro Barzaghi.
Released on May 28, 2025
Perspectives on the reform proposed to the Brazilian Civil Code for corporate law
In 2025, the Brazilian Congress initiated formal discussions on a bill to substantially amend the Brazilian Civil Code. Among the various topics under consideration are significant changes to Brazilian corporate law. This article provides an overview of the proposed modifications, with a particular focus on their potential impact on foreign companies seeking to invest in Brazil.
Released on May 23, 2025
Material adverse change clauses in M&A: the risks of USMCA renegotiation and tariff uncertainty
This article examines the enforceability of Material Adverse Change (MAC) clauses in scenarios involving tariffs or sudden treaty changes, analysing how courts in the United States and Mexico might assess such enforceability claims under their respective legal systems.
Released on May 23, 2025
Indonesia legal insights: merger filing procedures and requirements in Indonesia in accordance with competition law
Monopolistic practices and/or unfair business competition are subject to heavy scrutiny by the Indonesian Government, especially in the context of transactions involving Mergers and Acquisitions (‘M&A’) where there is a risk that the combined company could result in monopolistic business practice taking place. The Indonesian government has imposed a requirement for companies conducting merger, consolidation or acquisition transactions to file reports of these activities through merger filing to the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha or ‘KPPU’) for approval. This article aims to outline the applicable criteria that require certain transactions to be subject to merger filing, as well as the relevant procedures to be abided by when conducting merger filing.
Released on May 23, 2025
The use of irrevocable PoAs in Ukraine: practical considerations
Ukrainian law permits the use of irrevocable powers of attorney (PoAs). These are governed by the Civil Code of Ukraine as well as the Law of Ukraine On Joint Stock Companies and the Law of Ukraine On Limited Liability Companies and Additional Liability Companies, as applicable. While irrevocable PoAs are allowed in the context of both limited liability companies (LLCs) and joint stock companies, this article focuses on their use in LLC structures, as these represent the most common corporate vehicle for such arrangements in practice.
Released on May 22, 2025
Thirteenth Annual Global Report
The 13th Annual Global Report from the GEI
Released on May 21, 2025
Inspirational legal women: a conversation with Imbi Jürgen
An insightful discussion with Imbi Jürgen
Released on May 20, 2025
The latest updates to the Guest Investor Residency Programme
This article outlines the Hungary’s Guest Investor Programme, known as the Hungarian Golden Visa Programme, and explains that latest updates.
Released on May 19, 2025
Why your due diligence checklist may not work in Mexico
This article delves into the risks that arise heading into closing, which commonly create a no-deal situation. It will walk readers through the most important aspects to have in mind and share practical strategies to build a due diligence checklist that actually works in Mexico – keeping the reader informed, compliant and on track to close on time.
Released on May 19, 2025
Material contract warranties in M&A in India: a shield and a sword
In the intricate dance of mergers and acquisitions (M&A), material contract warranties serve as both a shield and a sword for buyers and sellers. They offer buyers a degree of security about the target company's operational and financial health, while simultaneously protecting sellers from potential future liabilities. Understanding the nuances of these warranties is crucial for navigating the complex landscape of M&A transactions.
Released on May 19, 2025
Relevant tax issues regarding M&A operations
This article examines the critical tax issues that arise in M&A transactions. It begins by outlining the inherent complexities of the tax system, including frequent legislative changes and interpretative discrepancies. Emphasising a preventive approach, the paper highlights the importance of early tax planning to avoid unexpected burdens and penalties, particularly given the high combined rates applicable to legal entities. Key topics include the accounting revaluation process, the treatment of goodwill and gains from bargain purchases, and the implications of deferred payments or contingent considerations. The discussion further covers strategies to optimise tax outcomes through careful negotiation of contractual clauses like indemnification and escrow arrangements. Finally, the article addresses the tax challenges associated with post-closing integration, offering guidance on managing supply chain consolidation, cross-border operations, and system integration issues.
Released on May 19, 2025
Transparency of ownership of property in the UK
The UK has introduced reporting requirements for overseas entities which own or hold a long lease of property in the UK in recent years. The UK Register of Overseas Entities and the Scottish Register of Persons Holding a Controlled Interest in Land aim to increase transparency in relation to ownership of property in the UK and uncover who truly controls that property. Failure to comply with registration and administration requirements can have implications for overseas owners dealing with or acquiring property in the UK.
Released on May 15, 2025
Class actions for consumer protection in Austria: development from a civil law to a case law jurisdiction
Case law plays a significant role in interpreting laws in Austria but does not have a general binding effect (legal precedent). In the last 20 years, the Austrian Supreme Court has handed down several judgments on illegal clauses in leases (with consumers) therewith substantially enhancing the importance of judgments in lease law. As the Supreme Court applies a different test for illegal clauses in class actions, courts may deviate in individual cases making the outcome less predictable for landlords, tenants and the legal profession.
Released on May 15, 2025
The Real Estate Investment Conference – 4–6 June 2025 – London
The 15th Annual IBA Real Estate Investment Conference in London on 4–6 June 2025 is shaping up to be a fantastic opportunity to hear about the latest trends in real estate investment.
Released on May 15, 2025
Navigating the intersection of longevity and real estate: legal and operational considerations for senior living in Portugal
As global demographic trends evolve, the real estate sector must adapt to meet the needs of an aging population. By 2031, it is anticipated that 75 per cent of people will live to at least 80 years old, creating an unprecedented demand for housing solutions that cater to older adults. Senior living concepts are an innovative response to this challenge, designed for independent seniors who seek a vibrant community living experience.
Released on May 15, 2025
Getting to Know the ERF – Julie Book
Get to know the European Regional Forum’s Council Member for England, Julie Book.
Released on May 15, 2025
Getting to Know the ERF – Annalise Papa
Get to know the European Regional Forum’s Treasurer, Annalise Papa.
Released on May 12, 2025
Heritage protection and the role of ISOS in Swiss construction law and urban development
Heritage protection in Switzerland, especially for sites registered in the Federal Inventory of Swiss Heritage Sites (ISOS), has become a central factor in construction law and urban planning. Over the years, case law regarding the applicability of ISOS has significantly expanded its scope, leading to heightened scrutiny of construction projects and stricter requirements for preserving historic landscapes. Tensions between urban densification and heritage protection are accordingly intensifying, as private property rights often yield to public conservation interests.
Released on May 9, 2025
Preparing for ETIAS: how the new rules will affect business travel to the Netherlands
As the European Union rolls out more robust security measures, Dutch companies with international business travellers should be aware of the European Travel Information and Authorisation System (ETIAS). Originally scheduled for implementation on 10 November 2024, ETIAS has been postponed again until the end of 2026, but businesses should still be ready for its implementation.
Released on May 7, 2025
Major recent changes to Canadian immigration
The landscape of Canadian immigration has undergone substantial changes since 2024, affecting various immigration streams and programmes. These changes are part of Canada’s efforts to manage population growth and regain control – what is the government is calling ‘ensuring the sustainability of its immigration system’.
Released on May 6, 2025
Can Canada revoke Elon Musk’s citizenship?
In February 2025, petition e-5353 to the Canadian parliament was opened for signature. The petition calls on the Canadian Prime Minister to revoke Elon Musk’s Canadian citizenship status. The petition reflects serious concerns Canadians have regarding our sovereignty and foreign influence in our electoral process. However, currently the Canadian Citizenship Act does not allow for revocation of citizenship on the grounds listed above.
Released on May 6, 2025
From typewriters to artificial intelligence: the evolution of legal practice and the promise of a more balanced future
From the age of carbon-copy memos and couriers to the digital era of cloud-based case management and artificial intelligence (AI), legal practice is transforming. As we stand before the new frontier of generative AI, legal professionals – whether in solo practices, small partnerships or large international firms – must not only adapt but also embrace the promise of becoming more efficient, more effective and more human in the way we practice law.
Released on May 5, 2025
Brazil adopts top-up tax for multinational companies (BEPS Pillar II)
This article addresses key aspects of new Brazilian law and regulations on taxation of local income obtained by large multinational groups, released in late 2024 and effective from January 2025.
Released on May 5, 2025
Brazil’s legal framework for cryptoassets and upcoming regulation
The Brazilian Virtual Assets Law (BVAL), enacted on 21 December 2022, establishes guidelines for virtual asset services and providers, and became effective on 20 June 2023. It mandates compliance with anti-money laundering (AML) control mechanisms and assigns regulatory authority to the Brazilian Central Bank (Banco Central do Brasil or BCB) for oversight purposes. Public consultations on the regulation of virtual asset services providers (VASPs) are ongoing, with specific focus areas including asset classes, authorisation requirements and operational activities in regard to the foreign exchange market.
Released on Apr 30, 2025
Intellectual property law in the age of emerging technologies
Intellectual property (IP) law is changing dramatically, owing to the rapid growth of developing technologies, globalisation and ongoing legal reforms. In recent years, there has been a significant shift in how IP is regulated and used by businesses. In addition to altering the IP environment, the emergence of modern technologies, like blockchain, big data and artificial intelligence, has presented serious obstacles to the established frameworks for IP enforcement and protection. These technologies are demonstrating the adaptability of IP rules in the present day and changing the core ideas that support them.
Released on Apr 30, 2025
Liability for software under the new European Product Liability Directive
This article provides an overview of the liability for software under the new European Product Liability Directive (EU) 2024/2853 and highlights the conditions under which liability for software arises.
Released on Apr 30, 2025
Brazil’s leading position in data centre and cloud computing investments: key drivers and future perspectives
This article aims to analyse key drivers for Brazil’s current strategic and privileged position in digital infrastructure investments, especially considering the data centre and cloud computing industry. Brazil has enjoyed an investment boom, which has arisen due to a variety of positive factors, including: the legal framework which has lowered the regulatory burden on these activities; organic demand for digital infrastructures that support sophisticated applications and technologies; natural competitive advantages; and pro-investments public policies by the government. It is expected that Brazil will continue this momentum by attracting investment in digital infrastructure and will become a digital leader in the near future, unlocking new opportunities, as new pro-investment policies are yet to be released by the government.
Released on Apr 30, 2025
Consent managers: an Indian solution for managing consent
India’s data protection landscape is undergoing a transformation with the introduction of the Digital Personal Data Protection Act 2023, which envisions the establishment of the role of consent managers to streamline the process of managing, reviewing and withdrawing consent for data processing. While the framework draws parallels with the ‘account aggregator’ model in the financial sector, it presents unique challenges in terms of interoperability, security and regulatory compliance. The full impact of the framework on consent managers will depend on its effective implementation and the finalisation of supporting rules.
Released on Apr 30, 2025
The Ukrainian law on the provision of digital content and digital services
This paper analyses Ukraine’s digital content law that has been recently enacted to implement the European Union Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services. It examines the scope of the new legal framework, detailing the key obligations imposed on service providers, as well as the enforcement mechanisms and potential penalties for non-compliance. Additionally, the paper evaluates anticipated regulatory developments necessary for the full operation of the law.
Released on Apr 30, 2025