Committee publications
Pro bono legal support to survivors and families of victims of apartheid-era crimes
This article reviews the history of the Truth and Reconciliation Commission in post-apartheid South Africa litigation to ensure accountability for the investigation and prosecution of apartheid crimes.
Released on Apr 15, 2025
Co-Chairs’ message, Criminal Law Committee April 2025 ebulletin
Read the Criminal Law Committee Co-Chairs’ message from our April 2025 ebulletin.
Released on Apr 15, 2025
Getting to Know the ERF- Tomás Pessanha
Get to know the European Regional Forum’s Council Member for Portugal, Tomás Pessanha.
Released on Apr 14, 2025
Recognising the rights of a river with pro bono support
A local authority district council has recognized the rights of the river Ouse in the United Kingdom, contributing to international examples of recognition for the rights of nature. These decisions strengthen the protections for rivers and waterways and build new legal relationships with nature.
Released on Apr 14, 2025
Taxing intellectual property for multinationals in Australia: international misalignment?
The Australian Taxation Office (ATO) continues to pay close attention to the taxation of software arrangements. Its views have the potential to cause international misalignment on the way that certain cross-border payments are treated for taxation purposes. This article discusses the ATO’s guidance and a number of developing landmark Australian tax cases covering what constitutes a ‘royalty’.
Released on Apr 13, 2025
Price points and pressure points: multinationals’ transfer pricing in practice during a time of uncertainty
Historically, multinational companies have made operational decisions based primarily on strategic and commercial objectives, with tax professionals later reviewing and refining the resulting structures to ensure tax efficiency. But as major economies, including the US, introduce tariffs and other trade measures, transfer pricing is taking on a more prominent role in shaping business decisions. Although it may not be the central factor, it is becoming an influential consideration in corporate strategy, particularly in regard to a shifting geopolitical landscape.
Released on Apr 13, 2025
Duties and deductions in Canada and the US: the taxing truth about tariffs
The era of tariff-free global trade has long enabled supply chains to operate with stability and predictability. While pricing, supplier selection and customer relationships have always been influenced by various factors, the absence of tariff-related friction established a status quo; one that is now undergoing significant disruption. Another critical factor to evaluate for all Canadian taxpayers impacted by tariffs is their deductibility and the legal grounds based on which such deductions may be claimed.
Released on Apr 13, 2025
The relevance of pro bono advocacy in protection of the rights of migrants and refugees in Brazil
During a significant rise in migration and refugees in Brazil, pro bono efforts are supporting protection of rights and access to assistance. This includes working with pro bono clearinghouses in other jurisdictions to support asylum requests and eventual resettlement procedures.
Released on Apr 10, 2025
Getting to Know the ERF – Ruta Karpiciute
Get to know the European Regional Forum’s Council Member for Lithuania, Ruta Karpiciute.
Released on Apr 8, 2025
Transnational bribery and corruption investigations Down Under
As an Australian based criminal law practice, our firm has acted on behalf of clients in a number of finalised court cases and current investigations on behalf of corporate entities arising in countries such as Indonesia, Nauru, Papua New Guinea and Singapore where many of these companies are domiciled. This work is generally done independently of the commercial law firms who act for the clients and involves a lot of careful thought and strategic design at an early stage.
Released on Apr 6, 2025
Silver bullet or Trojan Horse? INTERPOL’s new Silver Notice and the risks of asset tracing
On 10 January, INTERPOL issued its first-ever Silver Notice, marking a significant evolution in its approach to international asset tracing. The request, initiated by Italy, seeks to identify and locate assets allegedly linked to a senior mafia figure. While its immediate impact may be largely symbolic, the introduction of the Silver Notice signals an important development in cross-border financial crime enforcement.
Released on Apr 6, 2025
International Criminal Court (ICC) update – September 2024–March 2025
Over the past six months, the International Criminal Court (ICC) has taken a number of significant steps in pursuance of its mandate to prosecute individuals for crimes of international concern, including war crimes, crimes against humanity and genocide. These developments underscore the ICC’s commitment to addressing grave violations of international law, although the institution continues to face challenges and criticisms.
Released on Apr 6, 2025
Right to be forgotten for old criminal convictions: a Luxembourg perspective based on a recent ruling
In a December 2024 ruling, the Court of Appeal of Luxembourg decided whether a person convicted of a criminal offence could demand the press to stop publishing their name and image in relation to a past case. This case illustrates the challenge of balancing two fundamental rights: freedom of expression and press, versus the protection of reputation and right to privacy. The plaintiff, a person in a public position, was involved in a widely covered legal case many years ago. Despite the time passed, media coverage continued including reports with identifying details about the individual.
Released on Apr 6, 2025
Extradition within international judicial cooperation: new challenges and future perspectives
Extradition is a cornerstone of international judicial cooperation, the discipline of which is articulated in a complex system of multilevel legislation, based on bilateral and multilateral treaties, as well as conventions adopted by supranational organisations, such as the UN and the Council of Europe. This legal mechanism satisfies the need to ensure the effective administration of justice in transnational crime cases, preventing individuals accused of serious crimes from escaping criminal consequences simply by crossing national borders.
Released on Apr 6, 2025
Inspirational legal women: a conversation with Lucie Allen
An insightful discussion with Lucie Allen
Released on Apr 4, 2025
From the Editors: Litigation Committee newsletter – spring 2025
Welcome to the spring 2025 edition of the IBA Litigation Committee's newsletter, entitled: 'Shopping for justice: strategic forum choices and the rise of international commercial courts in commercial disputes." In an increasingly globalised legal landscape, parties in international commercial disputes are making ever more deliberate choices about where to litigate, navigating jurisdictional complexities, procedural nuances, and the growing presence of specialised international commercial courts.
Released on Apr 4, 2025
Cyprus: An attractive, promising forum for dispute resolution
Cyprus has emerged as a promising, prominent destination for business and litigation alike. Nowadays, when it comes to the strategic selection of jurisdiction, Cyprus is considered one of the key players in international dispute resolution and in international corporate structuring.
Released on Apr 4, 2025
Gladiators of dispute resolution: the battle for jurisdiction
This article explores the competitive landscape of dispute resolution mechanisms, focusing on the interplay between national legal systems and the rise of international commercial courts, commercial mediation and international arbitration. It considers what ‘international commercial courts’ are and whether they are truly a legitimate alternative to ordinary domestic courts on the one hand, and international arbitration on the other. The article highlights England and Wales as the premier jurisdiction for dispute resolution – renowned for its expertise, stability and robust legal framework. It also examines the distinct advantages and complementary roles of mediation and arbitration in resolving cross-border commercial disputes.
Released on Apr 4, 2025
Strategic battlefields: navigating jurisdictions in international commercial disputes
Just like in a game of chess, where the opening move determines who controls the board, a litigant’s first move can set the course for victory or defeat. Deciding on not just an ‘appropriate‘ but also the ‘best’ forum for filing their client’s proceedings is a reflection of a shrewd litigant and sets the trajectory of the case.
Released on Apr 4, 2025
Navigating international commercial courts: balancing flexibility and certainty in global disputes
International commercial courts (ICCs) offer a blend of judicial legitimacy and arbitration-like efficiency in global dispute resolution. While there is an increase in cross-border dispute resolution before ICCs, there are concerns that ICCs suffer from procedural laxity, enable forum shopping, and that there is a lack of certainty as to the enforcement of their decisions. This article examines existing ICC frameworks around the world, as well challenges against their legitimacy, and explores practical reforms to enhance their credibility and efficiency.
Released on Apr 4, 2025
Shopping for justice: strategic forum choices and the rise of international commercial courts in commercial disputes
One of the corollaries of international commerce in an increasingly globalised world is the emergence of cross-border disputes that transcend national borders and local laws. It is important that parties have certainty regarding the jurisdiction and dispute resolution mechanism that will come into play when a cross-border dispute arises. Failure to agree these issues could lead to forum shopping, whereby parties race to issue proceedings in a location that will optimise their interests. When it comes to selecting the forum and format for resolving cross-border disputes, the relatively recent rise of international commercial courts (ICCs) has led to a broader selection of dispute resolution mechanisms for parties to choose from beyond international arbitration and national courts.
Released on Apr 4, 2025
Commercial courts and alternative dispute resolution in South Africa: a possible path to faster dispute resolution
In a bulletin published by the Deputy Judge President (DJP) of the Johannesburg High Court, South Africa, regarding lead times for set down dates in the Johannesburg High Court as of 31 August 2024, the DJP disclosed the crisis faced pertaining to long lead times. There is a desperate need to assist litigants by finding ways to resolve disputes more efficiently. As a solution to minimise these delays, the bulletin encouraged the use of mediation where suitable in a case, and proposed the expansion of arbitrations beyond the commercial sector. A further solution is the use of the Commercial Court in matters concerning commercial disputes.
Released on Apr 4, 2025
Russian sanctions litigation: is a foreign anti-suit injunction a magic pill?
Russian sanctions litigation has developed into a separate category of disputes considered by Russian commercial courts in the context of claims brought by Russian companies against so-called ‘unfriendly’ foreign parties in disregard of choice of court and arbitration agreements. Although Russian case law is developing in a way that is unfriendly to foreign litigants, is there an effective defence?
Released on Apr 4, 2025
International jurisdiction regarding actions for negative declaratory judgments
On 22 April 2024, the Swiss Federal Supreme Court (hereinafter ‘Supreme Court’) handed down a landmark decision concerning international civil procedural law (4A_249/2023, intended for official publication) in a case dealing with an action for a negative declaratory judgment in a tort matter. An Italian cyclist had suffered an accident in Sicily, Italy in 2017 while riding a racing bicycle he had purchased from a Swiss manufacturer in a store in Italy. The judgment reveals that the components of the bicycle had been manufactured in China while the bike had been assembled in the Netherlands and the finished product had finally been distributed from a warehouse located in Belgium.
Released on Apr 4, 2025
The validity of forum selection clauses questioned by California courts – implications in Delaware and around the world
A long-awaited decision from the California Supreme Court may disrupt a commonly accepted tradition and feature of United States corporate law, with far-reaching implications around the world. For decades, corporations organised under Delaware law have compelled shareholders to bring any claims relating to the corporation in the Delaware Court of Chancery. This result is achieved through inclusion of a forum selection clause in the shareholder agreement and other corporate documents.
Released on Apr 4, 2025
English courts reinforce their power to grant anti-suit injunctions in international disputes
English courts continue to play a key role in international dispute resolution through anti-suit injunctions (ASIs) and anti-anti-suit injunctions (AASIs), particularly in response to recent legal shifts following Brexit and Russian sanctions. The courts have reaffirmed their commitment to preventing foreign proceedings from obstructing access to justice, as seen in Magomedov v PJSC Transneft, which confirmed that AASIs can be granted even where no contractual jurisdiction or arbitration agreement exists in certain limited circumstances. Meanwhile, UniCredit Bank GmbH v RusChemAlliance LLC reinforced that ASIs can be used to uphold arbitration agreements, even when seated outside England. These rulings highlight the courts’ evolving approach to balancing legal certainty with the practical challenges of cross-border litigation.
Released on Apr 4, 2025
International jurisdiction – what is possible and what is favourable?
When choosing the most appropriate court, the enforceability of the judgment against the defendant’s assets should be a deciding factor. In this regard, arbitral tribunals are preferable to public courts when it comes to the enforcement of a judgment on foreign territory. This is still the case even after the introduction of specialised commercial courts, at least in Germany.
Released on Apr 4, 2025
Forum shopping: a legal loophole or a strategic advantage? A glance at the Italian experience
In an increasingly globalised and interconnected legal landscape, the concept of forum shopping has become a subject of debate among legal scholars, practitioners and policymakers. At its core, forum shopping refers to the practice of strategically selecting a jurisdiction that offers the most favourable legal framework for a particular case. While some view forum shopping as a legitimate strategy that allows litigants to exercise their rights effectively, others argue that it undermines the fairness and integrity of the judicial system. This article explores the different dimensions of forum shopping, examining its impact on various legal fields, its ethical and practical implications, and the measures taken by courts and legislators to regulate it.
Released on Apr 4, 2025
Forum shopping: strategy or abuse?
International commercial litigation presents a significant challenge for companies operating on a global scale. Businesses engaged in cross-border transactions often face critical decisions regarding where to file a lawsuit. In this context, forum shopping —the practice of selecting the jurisdiction believed to offer the most favorable conditions for a legal dispute— has become a widely used strategic tool. While some argue that it is a legitimate approach to securing favorable procedural and substantive law treatment, it inevitably raises concerns about fairness, the predictability of legal outcomes, and the potential for abuse.
Released on Apr 4, 2025
Challenges and criticisms of international commercial courts: evaluation of their effectiveness, legitimacy and accessibility
Within the past decade, international commercial courts (ICCs) have carved out a specific niche for themselves, but despite increasing popularity, ICCs have not revolutionised the landscape for the resolution of international commercial disputes and have not displaced international commercial arbitration from its pedestal. In this context, it is of particular interest to examine the difficulties and criticisms faced by ICCs in order to predict their future development.
Released on Apr 4, 2025