Co-Chair
Jacques Bouyssou
Co-Chair
Carlo
Portatadino
Litigation Committee
The Litigation Committee brings together international litigators to share their personal experiences of legal, practical and procedural issues from around the world. Providing the opportunity to build a strong cross-border professional network for lawyers at all levels and ages, the Committee uses the platform offered by the main IBA conference and its own specialist mid-year conference to share views on issues such as jurisdiction, choice of law and international judicial assistance. The Committee also cooperates with other committees on issues relevant to wider dispute resolution.
Forthcoming conferences and webinars View All Conferences
IBA Annual Conference Toronto 2025
02 Nov - 08 Nov 2025
Toronto , Canada
From Courtroom to Community: building your brand, network, and client base for a thriving legal career
02 Nov 2025
Toronto , Canada
When litigation meets crime
28 Jan - 30 Jan 2026
Rio de Janeiro , Brazil
IBA Annual Litigation Forum
15 Apr - 17 Apr 2026
Madrid , Spain
IBA Annual Conference Copenhagen 2026
04 Oct - 09 Oct 2026
Copenhagen , Denmark
Guides
Cross-border enforcement of judgements against states – jurisdiction-by-jurisdiction guide (March 2024)
Authors from almost fifty jurisdictions have taken part in this project. For each jurisdiction, our aim is to outline the key requirements for enforcing a foreign judgment against a state entity. The guide covers the basic criteria for enforcement of a foreign judgment, the application of sovereign immunity, and due process standards and exceptions (service, representation, etc). It also considers how these principles apply where states are involved in armed conflict, which is sadly relevant to a number of litigants around the world currently seeking to recover for wartime damages against aggressor states.
To our knowledge, no similar guide exists, although the need for one is clear. View guides
Publications
From the Editors: Litigation Committee newsletter – Autumn 2025
This edition takes our readers on a global tour of recent developments that have shaped the landscape of commercial dispute resolution over the past year. From landmark judgments to procedural innovations, our contributors share jurisdiction-specific insights that highlight the evolving challenges and opportunities facing litigators worldwide.
Released on Oct 29, 2025
Holding the fort: legal tools to protect unadministered estates
As the number of estate disputes rapidly increases, so will the number of applications to protect estates pending grants of letters of administration. This article sets out the judicial remedies that are available to persons interested in the estate before letters of administration are issued, including: (1) claims without a representative being appointed; and (2) representation of the estate without the need for a full grant.
Released on Oct 29, 2025
Class action trends in Australia
Australia’s class action regime remains one of the most accessible in the world, yet the recent spate of judgments favouring defendants underscores that success at trial is far from guaranteed. While filing rates remain strong and there are still many class actions which settle for significant amounts, the courts’ stringent approach to causation – and insistence on clear and compelling expert testimony – imposes a genuine discipline on both claim formulation and litigation strategy. This balance between broad access to justice and robust judicial analysis will continue to shape both the volume and character of class actions in the years ahead.
Released on Oct 29, 2025
From litigation to dialogue: the role of pre-institution mediation in a changing commercial dispute resolution scenario in India
This article examines the evolution of pre-institution mediation in India, highlighting its role in promoting timely, cost-effective and collaborative resolution of commercial disputes while addressing challenges such as definitional ambiguities, limited awareness and enforcement gaps. It proposes a structured framework to enhance effectiveness and align India’s mediation landscape with global best practices.
Released on Oct 29, 2025
Dispute Resolution International journal
Dispute Resolution International (DRI) is the journal of the IBA's Dispute Resolution Section, which includes the Arbitration Committee among other related committees. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.
The latest issue of DRI is now available to access online for all members of the IBA Dispute Resolution Section here.
External links
EFFORTS – Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU
The IBA Litigation Committee has joined the Stakeholders Cross-Border Committee of the EFFORTS Project, a consortium comprising the University of Milan (coord.), the Max Planck Institute Luxembourg for Procedural Law and the Universities of Heidelberg, Brussels VUB, Vilnius and Zagreb, with financial support from the Civil Justice Programme of the European Union.
Embracing a practice driven approach, a group of renowned experts in international procedural law analyses the legislation and case-law of seven EU Member States (namely Belgium, Croatia, France, Germany, Italy, Lithuania, and Luxembourg), promotes the exchange of practices among operators, and collects good practices with the purpose of assessing the interaction of the EU Regulations on the recognition and enforcement of judgments with national legislations.
The targeted EU legislative instruments are the Brussels 1a Regulation and the Regulations on the European Enforcement Order, the European Small Claims Procedure, the European Payment Order, and the European Account Preservation Order. The interaction of said EU instruments with national rules signifies a major weakness of the system, making it difficult for practitioners, and even more for consumers and businesses, to be aware of the mere existence and practical functioning of the available procedures and mechanisms.
The consortium will pursue clarity by means of seven Practice Guides on the cross-border recovery of claims in the targeted Member States. It will contribute to the improvement of existing EU and national legislation by drafting policy recommendations for national and EU policymakers. Finally, it will foster clarity and access to information by setting up the EFFORTS Network and a Working Group on the digitalisation of enforcement procedures. The project involves judges, enforcement agents, EU and national policymakers, lawyers, in-house counsel, consumer associations, and academics.
Additional information concerning the EFFORTS Project is available here
Subcommittees and other groups
The Litigation Committee also coordinates the activities of the following subcommittees/working groups.
- EU Judicial Cooperation Subcommittee
- Hague Conference on Private International Law Subcommittee
- International Litigation Conventions and Laws Subcommittee
- Litigation Committee Advisory Board
- Young Litigators Forum
Join us on LinkedIn
If you are a member of the Litigation Committee, for additional networking opportunities, programs, interviews with fellow members and tips all exclusive to members, join our LinkedIn page at: https://www.linkedin.com/groups/7439234/.