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China's regulation of artificial intelligence – progress and challenges

Artificial intelligence (AI) is developing rapidly in China, with the number of patents and the size of the market both ranking highly among countries. However, this rapid development has posed new challenges to the legal framework, ethical norms and social governance, prompting China to continuously adjust and improve the relevant regulatory system.

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.

Mediating Disputes Involving Chinese Parties

Mediation is on the rise internationally as a means to settle disputes in a cost-effective manner. Chinese parties appear to be increasingly interested in mediation as an option. This article examines the evolving landscape of mediation in China and internationally. It considers how mediation for Chinese parties is evolving and whether mediation is a good option for Chinese parties in cross-border disputes. Commercial mediation has seen remarkable growth, bolstered by a supportive PRC judicial system and legislative initiatives encouraging parties to find harmonious ways to resolve disputes. The article analyses the three primary types of mediation in China: people’s mediation, administrative mediation, and commercial mediation. It also looks at mediation rules and proceedings in common law jurisdictions, such as Hong Kong, Singapore, and the United States. The article anecdotally considers the cultural elements, emphasising the Chinese parties’ preference for evaluative mediation styles as a reflection of civil law. Through case studies of international disputes involving Chinese and US parties, the article illustrates the practical dynamics of mediation involving Chinese parties and underscores the importance of cultural sensitivity in international mediation. As Chinese parties continue to go global, mediation is emerging as an attractive option for efficient and cost-effective dispute resolution. This analysis assesses whether the promotion of mediation is yielding tangible outcomes and explores the future of mediation involving Chinese and foreign parties.

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.

Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions - China Working Group

By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

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.

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

On the breadline

The Ukraine–Russia war has exacerbated problems with food security as both sides are major contributors to global supply lines. Global Insight assesses whether we’re living in a food crisis and, if so, what can be done.

Ukraine war turning food security concerns into global crisis

Hong Kong focus: Chief Justice Geoffrey Ma and Chris Patten

The Honourable Chief Justice Geoffrey Ma Tao-Li, GBM QC SC was appointed Justice of Appeal in the Hong Kong Court of Appeal in 2002, and became Chief Judge of the High Court in 2003 before being appointed Chief Justice of the Court of Final Appeal in 2010. Chief Justice Ma spoke to the IBA’s Director of Content, James Lewis, about freedom of expression in Hong Kong, the independence of the judiciary, and the drafting and enforcement of the national security law.

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.

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.

Global food trade: new merger prompts warnings of market dominance

A mega-merger between two of the world’s largest agrochemical companies has been given the go ahead by the European Commission and the United States Department of Justice, prompting fresh warnings over lack of competition in global agricultural markets and the impact on food production.

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

Preventive health and the wellness market in Brazil: legal and regulatory perspectives

Brazil, one of the world’s most rapidly aging societies, presents a structural tension between a reactive healthcare model and growing demand for preventive health. The global wellness market expansion evidences a paradigmatic reorientation: health is increasingly conceived as a life project. This article argues that the transition toward a preventive paradigm constitutes a constitutional requirement under the 1988 Federal Constitution and an economic imperative. It examines the limitations of the fee-for-service model in supplementary health, ANS regulatory initiatives, and SUS structural challenges. It concludes that Brazilian law must convert prevention into a legally enforceable obligation, democratising active longevity across society.

Journal of Energy & Natural Resources Law (JERL)

Published quarterly, the Journal of Energy & Natural Resources Law is the journal of the International Bar Association’s Section on Energy, Environment, Natural Resources and Infrastructure Law.

Regulatory framework for the Brazilian rollout of vaccines against Covid-19

Since the beginning of the Covid-19 pandemic, many efforts have been mobilised for developing a vaccine that would enable countries worldwide to overcome the health emergency that has affected most of the globe since the beginning of 2020. These efforts culminated in a sequence of vaccine approvals between December 2020 and the present date. Following these authorisations, however, challenges regarding the operationalisation of a vaccination plan on a national level emerged in Brazil.

Plant variety rights versus plant patents: legal developments and frictions in a regional perspective

New gene-editing technologies can help to overcome challenges in sustainable food supply. These biotechnologies enable agricultural professionals to meet an ever-growing demand for food. However, understanding of their impact is incomplete, the data required for risk assessment is only partially available and there are ethical and societal concerns. Legal systems vary between prohibition, case-to-case product risk analysis and systems based on a precautionary principle.

The age of Covid-19: the right to go to work and the employer as regulator

The Covid-19 pandemic has substantially changed certain paradigms concerning employment relationships, especially about the interaction between employers and their employees. This article looks at the debates surrounding the issue of the vaccination of employees in the Brazilian context.

Regulatory responses to health emergencies and product shortages during the Covid-19 pandemic in Brazil

Regulatory responses to health emergencies and product shortages during the Covid-19 pandemic in Brazil

Using the practice of law to facilitate change and to accelerate a just transition

A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.

IBA ERF announces changes to officer positions for 2025

The IBA European Regional Forum (ERF) is pleased to announce changes to its officer positions for 2025. These changes reflect the organisation's commitment to diversity, inclusion and the evolving needs of its members.

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 Criminal Law Section at the 2025 IBA Annual Conference in Toronto, November 2025

This article reflects on the highlights of the IBA Annual Conference in Toronto for the Criminal Law Section. This included panels on the impact of INTERPOL red notices, misconduct against corporates, investigative journalism, and more!

Constitutional developments in Mexico – effects on the antitrust landscape

This article explores the recent developments in the Mexican antitrust regulatory framework with the upcoming abolishment of the current Mexican competition authorities, the Federal Economic Competition Commission (COFECE) and the Federal Telecommunications Institute (IFT, the regulator for the telecoms and broadcasting sectors), as a result of the constitutional reform regarding the so-called organic simplification reform that was published on 20 December 2024 (‘the Reform’). The authors briefly describe the history of Mexican competition law and review the Reform and the three initiatives to replace the Federal Economic Competition Law and create a new competition authority that have been published. In view of these initiatives and, more specifically, the third and last initiative which is expected to be enacted, the authors share their expectations as to how these changes may impact the enforcement of the Mexican competition regime.

The European automotive and mobility service industry: transformation and revolution – IBA Annual Conference Paris, 2 November 2023

On the afternoon of Thursday 2 November 2023, at the IBA Annual Conference in Paris, the European Regional Forum lead the organisation of the automotive session titled ‘The European automotive and mobility service industry: transformation and revolution’. Contrary to its title the panellists came from different areas of the world, including Europe, India, Mexico and South Korea. During the session, panellists discussed issues relating to data privacy, developments concerning autonomous vehicles, the future of electric vehicles and more.

Settlement of Mass Consumer Class Actions in Canada: An Analysis of Developments, Trends and Challenges

Since the introduction of the legislative regime for class actions in Canada, there has been a growing number, size and scope of legal claims being litigated as class proceedings in Canada, including mass consumer class actions. As most class actions settle before proceeding to trial, and the court must approve any class action settlement, this has led to increased judicial scrutiny of class action settlements, and a growing body of case law in Canada analysing what a class action settlement that is fair, reasonable and in the best interest of the class members looks like, particularly in the unique context of a mass consumer class action. In this article, we provide an in-depth review of the law in Canada concerning the settlement of mass consumer class actions, outline the observed trend of increased judicial scrutiny over mass consumer class action settlements and ultimately conclude that the question of whether a settlement is fair, reasonable and in the best interest of the class can be a challenging question to answer in mass consumer class actions, given the unique features of these types of claims.

Making Executive Compensation Less Controversial: The Rise of Pay Ratios

Developments in executive compensation have resulted in more legislation and regulations on executive pay being introduced over the past two decades than in the previous 150 years. Ever since the last financial crisis, executive compensation has remained high on the agenda of many authorities. When there are concerns about executive remuneration, legislators first of all try to find the remedy through increasing the level of transparency. Such a transparency measure, currently favoured by various countries