Committee publications
Inspirational legal women: a conversation with Faiza Alleg Dolivet
An insightful discussion with international lawyer and mediator Faiza Alleg Dolivet
Released on Mar 21, 2025
Getting to Know the ERF – Jelena Gazivoda
Get to know the European Regional Forum’s Council Member for Serbia, Jelena Gazivoda.
Released on Mar 21, 2025
Power Law: Editorial March 2025
Krzysztof Cichocki, Newsletter Editor of the IBA Power Law Committee introduces the latest collection of articles from Committee members.
Released on Mar 18, 2025
Can behind-the-meter structures solve the impending power bottleneck caused by AI data centres?
The development of AI data centres has been identified as one of the primary drivers of anticipated growth in the power sector in the next decade. Given the scale of these projects and the concentrated usage of electricity, behind-the-meter power generation structures are being mooted to expedite delivery of AI data centre projects while minimising cost-shifting to users of the grid. Although there have been positive developments at the federal level which may facilitate the buildout of new generating assets, state and local laws will remain a primary consideration on whether behind-the-meter structures can be successfully deployed in a given location.
Released on Mar 18, 2025
Powering the future: the evolving intersection of data centres and energy law in Portugal
This article explores the intersection of Portuguese legislation on energy and the rapid expansion of data centre infrastructure, focusing on existing mechanisms and recent legal developments that address grid access, renewable integration, and energy efficiency. As data centres become increasingly strategic, their connection to energy law, though largely implicit in the current framework, is gaining relevance, paving the way for future regulatory refinements that balance digital infrastructure growth with energy transition goals.
Released on Mar 18, 2025
The intersection of AI and power law in Mexico: legal implications for a sustainable energy transition
Mexico’s energy transition, marked by a shift to renewable energy and technological innovation, represents the perfect moment to enhance the role of Artificial Intelligence (AI) in the power sector. However, this integration may raise significant legal challenges, including data governance, cybersecurity, regulatory compliance and particularly how to address such challenges in the energy policies while enhancing AI optimisation.
Released on Mar 18, 2025
Data centres and AI: legal challenges between sustainability and energy efficiency in an Italian and EU context
This article examines the dual role of data centres as enablers of digital transformation and significant contributors to global energy consumption. It reviews European Union and Italian regulations aimed at promoting sustainable data centre operations, including the European Green Deal and the EU’s ‘Fit for 55’ plan.
Released on Mar 18, 2025
Avoiding gridlock: how Canada can use AI to expand and improve its hydroelectric future
The rapid evolution of artificial intelligence (AI) is affecting Canada’s energy sector. The advancement of new tools, particularly generative AI (Gen AI) resources, are forcing operators and governments to address legal gaps quickly and invest in new infrastructure across the hydroelectric industry. These changes are likely to result in significant benefits to the Canadian economy, driving billions of dollars in investment and ushering in a transformative shift in the workforce.
Released on Mar 18, 2025
A new investment protection regime in Argentina and its impact on the development of megaprojects in the technology sector
This article provides an analysis of the new legal and regulatory framework arising from the approval of the Law of Bases and Starting Points for the Freedom of Argentines 27,742 and the Incentive Regime for Large Investments (the RIGI) as an investment protection mechanism for megaprojects in the technology sector.
Released on Mar 18, 2025
Inspirational legal women: Carola van den Bruinhorst
An insightful discussion with Carola van den Bruinhorst
Released on Mar 7, 2025
Getting to Know the ERF – Gábor Damjanovic
Get to know the European Regional Forum’s Council Member for Hungary, Gabor Damjanovic.
Released on Mar 5, 2025
Inspirational legal women: a conversation with Deborah Enix Ross
An insightful discussion with IBA Secretary General, Deborah Enix-Ross
Released on Mar 4, 2025
Company tax liabilities on ceasing operations in Ethiopia
The notion of taxing a taxpayer when they end their residential status in a country has been an issue for debate among scholars. Countries view the main risk associated with such withdrawal from the jurisdiction as the erosion or complete disappearance of the tax base. Tax is levied in such circumstances in order to provide the relevant tax authority with an opportunity to secure income tax from the departing individual without having to deal with the instant realisation of tax gains or losses. However, the Ethiopian principle in regard to an exit tax is focused on a perceivable gain obtained by the taxpayer upon ceasing residency in the country, which often comes with the disposal of investment assets through a sale or transfer.
Released on Mar 3, 2025
Brazil enacts a law to regulate clinical trials
Brazil has enacted Law No 14,874/2024, which is the first law regulating human subjects research in the country. The law modifies regulatory oversight, introduces clear timelines and redefines sponsor responsibilities, including with relation to post trial obligations, positioning Brazil as a potential global hub for clinical research and promising increasing of investments.
Released on Feb 20, 2025
Res judicata in international arbitration
In-depth examination of the role and application of the res judicata principle in international arbitration
Released on Feb 19, 2025
Securing Australia’s economic future: a strategy for trade diversification amid rising geopolitical tensions
As global tensions deepen, Australia’s economic reliance on China has become a focal point of national discourse. While China remains a crucial trade partner, the growing risk of conflict in the Indo-Pacific, particularly in the South China Sea and around Taiwan, emphasises the need for Australia to reinforce its economic resilience. A diversified trade approach offers significant benefits, drawing insights from recent global shifts and showing how strategic, balanced partnerships could reinforce Australia’s economic future.
Released on Feb 12, 2025
Unjust laws, uncertain future: Taiwan’s struggle against authoritarian infiltration
This article examines Taiwan’s constitutional crisis, triggered by amendments to the Constitutional Court Procedure Act, which jeopardise judicial independence and risk paralysing its highest judicial institution. This article also emphasises the broader implications for global democracy and the urgent need for international attention to counter authoritarian influence.
Released on Feb 12, 2025
The proposed merger between Uber Eats and Foodpanda in Taiwan
In regard to the review of the proposed merger between Uber Eats and Foodpanda in Taiwan, one of the key issues is whether such a merger between two companies involved in the purchase of labour may substantially lessen competition. This article urges the Taiwan’s Fair Trade Commission to assess the risks that couriers will face as a result of the merger. On the other hand, this article points out the probable long-term commitments that will be used to try to secure the Fair Trade Commission’s permission.
Released on Feb 12, 2025
Employee self-harm and employer accountability: navigating the legal considerations and best practices
As workplace dynamics continue to evolve, there has been a concerning increase in employee suicides being reported in public fora. This trend brings into sharp focus the importance of mental health and social wellbeing within the workplace. As such, it has become increasingly essential to examine cases of employee self-harm and how courts attribute accountability in regard to employers in such cases, particularly in terms of criminal law. This article analyses the judicial decisions that have examined the liability of the relevant management teams or employees of an organisation in regard to the criminal provisions relating to the ‘abetment of suicide’ of an employee. It further endeavours to cover certain best practices that employers must adopt in to mitigate any risks in regard to these very sensitive matters.
Released on Feb 12, 2025
Personal data protection in recruitment: key takeaways from the regulatory developments in Vietnam
Collecting a candidate’s personal data (via the receipt and examination of their CV) is generally the beginning of any employment engagement. Employers tend to collect more and more information about the candidate in order to carry out a comprehensive review of such potential employees, before deciding whether they are the right person for the position. However, Vietnam is now perfecting its regulations on personal data protection and, in the coming days, the collection of a candidate’s personal information might have to follow a strict procedure.
Released on Feb 12, 2025
The enforceability of interim orders under Indian law
Interim measures in international arbitration are an important tool to protect the rights of parties, pending determination of the dispute by the arbitral tribunal. Therefore, the enforceability of interim orders granted by arbitral tribunals is critical.
Released on Feb 12, 2025
A glimpse of the draft digital personal data protection rules in India
This article seeks to highlight the major provisions proposed in the recent draft Digital Personal Data Protection Rules, published for public consultation by the Ministry of Electronics and Information Technology, as part of the Government of India, while simultaneously assessing their potential impact on data protection and the right to privacy, in accordance with their applicability in line with the Digital Personal Data Protection Act, 2023.
Released on Feb 12, 2025
The concept of authorisation under Pakistan’s data protection laws against the backdrop of the EU General Data Protection Regulation
The very concept of the law on privacy revolves around keeping information secure and private. This information is considered to be data and keeping it secure through various protection mechanisms is the purpose that laws on data protection offer in many countries.
Released on Feb 12, 2025
Is there a role for artificial intelligence in the pricing of legal services?
‘Professional services’, whether that be accounting, engineering, architects or, in this case, legal services, are often referred to as being ‘credence services’. Which is to say, they rely heavily, if not entirely, on the ‘credibility’ of the person or organisation providing the service.
Released on Feb 12, 2025
The right to be forgotten in Portugal: health and insurance law considerations
The right to be forgotten plays a crucial role in both insurance law and health law, particularly when addressing sensitive health-related information. This article discusses how health data intersects with insurance law, and the recent developments in Portugal in relation to the right to be forgotten for people who have overcome or mitigated situations of aggravated risk of health or disability.
Released on Feb 11, 2025
The legal framework for partnerships for productive development: PDPs and PDILs
This article analyses recent regulatory changes in Brazil’s health economic-industrial complex, including the transition from Decree 9,245/2017 to Decree 11,715/2023 and the impact of Ordinances 4,472/2024 and 4,473/2024. While these changes aim to enhance oversight, foster innovation and stimulate local production, they have also introduced regulatory uncertainty.
Released on Feb 11, 2025
Conflicts of interest in the relationship between medical professionals and the pharmaceutical industry
This article explores the regulatory gaps in Brazil concerning the relationship between medical professionals and the pharmaceutical industry, focusing on ethical and conflict of interest concerns. It analyses national and state-level measures, including the Minas Gerais ‘Sunshine Act’ and CFM Resolution No 2,386/2024 – discussing their implications, challenges and alignment with global transparency initiatives to safeguard patient care and uphold healthcare integrity.
Released on Feb 11, 2025
Brazil: access and reimbursement of medicines in the public market
This article intends to briefly describe: how the Brazilian legislative framework regulates the incorporation of new pharmaceutical products into the Brazilian public healthcare system (Sistema Único de Saúde or SUS), commonly known as ‘reimbursement’ in other international jurisdictions; which public authorities are involved; what the ‘judicialisation’ phenomenon is; and the importance of strategic legal support throughout the process of incorporation.
Released on Feb 11, 2025
Shortages of critical medicines and pharmaceuticals: legal and regulatory responses
This article addresses Argentina’s main legal framework applicable to shortages of critical medicines and pharmaceutical products, which mandates pharmaceutical companies to notify the National Administration of Drugs, Food and Medical Devices (ANMAT) of any possible discontinuation of medicines, to take preventive measures and instruct recalls and/or corrective actions.
Released on Feb 11, 2025
Gene therapies and orphan drugs: navigating regulatory approval and reimbursement challenges
This article outlines the intricate regulatory framework governing gene therapy and orphan drugs in Argentina. It discusses the key aspects to consider when navigating regulatory approval and facing reimbursement challenges for these products, highlighting the dynamic evolution of healthcare regulations regarding rare diseases.
Released on Feb 11, 2025