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IBAHRI Update - Edition 7 - 2020

Role of lawyers, false news and systemic racism

Issue 7 – Friday 5 June 2020

The latest HRI Covid-19 Human Rights Monitor covers: Freedom of assembly in Hong Kong and the US, tensions along state borders impacting migrant and refugee communities and the effect of inaccessible information on people with disabilities during the pandemic.

Issue 3 – Thursday 7 May 2020

In this week’s issue of the IBAHRI Covid-19 Human Rights Monitor: the rise of religious discrimination in countries including Cambodia, India and Sri Lanka, mass deportation of migrant workers and the ongoing decline of women’s health services during the pandemic.

Private Equity Transactions Symposium 2020 - 7 October

A virtual conference presented by the Private Equity Subcommittee of the IBA Corporate and M&A Law Committee, 7-8 October 2020

Day 7 of the 10th IBA London Finance and Capital Markets Virtual Tax Conference

Day 7 of the 10th IBA London Finance and Capital Markets Virtual Tax Conference, 24 February 2021, 1400-1600 GMT

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.

IBA Aviation Law Committee: 2024 Annual Conference summary

A summary of the IBA Aviation Law Committee’s activities at the IBA Annual Conference in Mexico City from 15–20 September 2024.

‘Lawfare against justice’

The war in Ukraine has brought an awareness of the extremely dire consequences of corruption. Global Insight examines the dangers of leaving legal systems open to abuse by the rich and powerful

IBAHRI voices deep concern over planned amendment to Iran’s Code of Criminal Procedure

In an open letter to His Excellency Ayatollah Ali Hosseini Khamenei, Supreme Leader of the Islamic Republic of Iran, the International Bar Association’s Human Rights Institute (IBAHRI) expresses deep concern over a proposed amendment to Iran’s Code of Criminal Procedure that will allow judicial authorities to deny some detainees access to counsel for a period of 20 days.

Sexual offence laws: #MeToo movement drives new consent-based definitions

Both Iceland and Sweden have recently passed amendments to their sexual offence laws, reflecting the growing trend in Europe for ‘yes means yes’ legislation. The changes follow the rise of the #MeToo movement and global outcry over divisive cases that have highlighted the strength of public feeling as well as the limitations of current laws.

Preparing for the next pandemic

The impact of the Covid-19 pandemic is still reverberating across multiple areas of law, from procurement to employment. Global Insight assesses how the experience will prepare us – and the law – for future pandemics.

Sports and ethics – IBA Annual Conference Paris, 2 November 2023

In this session at the IBA Annual Conference in Paris, a group of experts from various backgrounds addressed topics such as doping, bribery, governance and social responsibility, and offered a comprehensive examination of the complex issues plaguing the world of sport.

Innovation in biotechnology and agribusiness: can Latin America solve the Malthusian Trap?

Innovation in biotechnology and agribusiness: can Latin America solve the Malthusian Trap?. Thursday 7 November 2019. Maria Shakespear

Current issues in cross-border planning using trusts and foundations (New Era of Taxation, 2019)

The new era of taxation – current issues in cross-border planning using trusts and foundations Law Society of Ontario, Toronto. 7–8 November 2019. Session Co-Chairs Valeria D’Alessandro GSHR – Goldemberg Saladino Hermida Rolado & Asociados, Buenos Aires Victor Alexander Jaramillo Caplin & Drysdale, Washington DC

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.

M&A trends and challenges in Latin America

M&A trends and challenges in Latin America IBA Latin American Entrepreneurship Conference: challenges and opportunities in Latin America 6–8 November 2019, São Paulo, Brazil Thursday 7 November Interactive workshop 1 – Part 1 M&A trends and challenges in Latin America Breakout group discussion on benchmarking deal structures in different economic climates Karin Alvo Daniel del Río Pablo Artagaveytia

IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City

The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).

IBA European Regional Forum Diversity & Inclusion Survey report: Building active engagement with Diversity & Inclusion

A report on a survey created by the Diversity and Inclusion Working Party of the IBA European Regional Forum to understand how Diversity & Inclusion is perceived by European law firms and to try to learn from each other’s experience.

A future bill to improve France’s anti-corruption framework

Five years on from the enactment of the Sapin 2 law, the ambition of which is to ‘bring French legislation to best European and international standards and to contribute to a positive image of France in the world’ , an evaluation of its effectiveness was carried out by a commission led by two Members of Parliament (MPs) Raphaël Gauvain and Olivier Marleix. The commission published a report listing 50 recommendations for improving France’s anti-corruption endeavours. The two MPs then decided to convert this into a draft bill which will consider some of the recommendations listed in the report. This draft bill, which has not yet been published, is currently under government review before its submission to parliament which is expected to take place in November 2021. The main areas for improvement identified by the MPs, which should be the subject of the draft bill, are outlined in this article.

Collective redress in England and Wales: co-claimant collaboration as a tool for success

Recent years have been pivotal in the development of collective redress in the courts of England and Wales. Claimant collaboration, or lack thereof, is likely to play a key role in deciding how successful many collective actions are in the coming years.

Current trends in ‘umbrella clause’ claims arising from breaches of contractual obligations

By Samantha J Rowe and Svetlana Portman. ‘Observance of obligations’ clauses in investment treaties – so-called ‘umbrella clauses’ – have been the subject of discussion in the arbitration community for decades. This article explores current trends through the lens of a series of recent decisions addressing umbrella clause claims.

An analysis of the DoJ/FTC’s draft revised Merger Guidelines

On 19 July 2023, the United States Federal Trade Commission (FTC) and the Department of Justice (DoJ) released a draft update of the Merger Guidelines. The FTC and DoJ use the Merger Guidelines as an internal reference when evaluating the potential competitive impact of a proposed transaction. It also serves as a policy statement to the public regarding their enforcement priorities. The draft Guidelines differ dramatically from prior guidance issued in 2010 in the Horizontal Merger Guidelines, and from the Vertical Merger Guidelines released more recently in 2020. This article analyses the key changes in the draft Guidelines and what they may mean for US merger enforcement going forward.

Collective consciousness: opt-out collective redress takes off in the UK

The ‘incurable’ disease of domestic abuse in the UK

The UK’s coordinated response to preventing and tackling domestic abuse to date is not perfect but it is advanced, although the financial austerity affecting the public, private and voluntary sectors has had a negative impact.

Earn-out clauses and using an SPA to provide a purely symbolic purchase price

The article analyses the validity of earn-out clauses and the legitimacy of the provision of a purely symbolic price in sale and purchase agreements.

Construction Law International – November 2024 – Country Updates: The Netherlands

Quantum Academy

Damages issues arise in almost every international arbitration. As arbitration disputes grow larger and more complex, so, too, does the complexity of damages issues. There is no doubt that ‘getting it right’ on damages is of utmost importance to the clients we serve and to the legitimacy of the arbitration system as a whole. Yet, damages issues are too often delegated to experts without sufficient critical engagement by counsel. In this article, Mark W Friedman proposes the creation of one or more quantum academies – forums offering a multidisciplinary approach to discourse and learning about damages issues in international arbitration. By providing counsel, arbitrators and other international arbitration participants with the skills to engage rigorously on damages issues, quantum academies would demonstrate to clients and the broader legal community that it is not only safe, but desirable, to entrust the largest, most complex commercial cases to international arbitration.

Updated: An overview of Nigeria’s dynamic cryptocurrency regulatory landscape

Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban on cryptocurrency usage or trading, the regulatory regime remains in a state of flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating the risks, such as foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.