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IBAHRI joint statement on travel ban and deteriorating health of lawyer Lu Siwei

The International Bar Association’s Human Rights Institute (IBAHRI) and partners have issued a joint statement expressing grave concern for Chinese human rights lawyer Lu Siwei, who is facing an arbitrary travel ban and continued surveillance...

Issue 28 – Friday 18 December 2020

The 28th issue of the International Bar Association’s Human Rights Institute (IBAHRI) Covid-19 Human Rights Monitor includes increased calls to domestic violence hotlines during the pandemic, displaced refugees and violence against peaceful protestors.

Issue 22 – Friday 18 September 2020

The 22nd edition of the IBAHRI Covid Monitor includes coverage of the United Nations General Assembly resolution encouraging international cooperation, measures to combat rape in Liberia, LGBTQI+ rights in Southern Africa, Tajikistan and Iraq, effects of the fire at Moria refugee camp in Lesbos, reports of dangerous medical practices at an Immigration and Customs Enforcement facility in the US, homelessness and Covid-19 in the Middle East, Germany and Chile, and furlough schemes and disability.

Issue 18 – Friday 21 August 2020

The latest issue of the Monitor covers topics including Covid-19 outbreaks in refugee camps, prisons and detention centres. Also: the lasting impact of the pandemic on individuals with disabilities and on children without access to education.

Austrian Supreme Court’s decision in OGH 18 OCg 9/19a

On 15 January 2020 the Austrian Supreme Court considered whether a final arbitral award on its merits violated Austrian public policy (Case: OGH 18 OCg 9/19a). The underlying arbitration was conducted under the rules of the Vienna International Arbitral Centre (VIAC) with seat in Vienna.

Myanmar: International community weighs up further action, 18 months after military coup

Eighteen months after Myanmar’s military seized control and arrested then-leader Aung San Suu Kyi, alongside other members of the democratically-elected National Unity Government (NUG), the international community grapples with how to treat the country. As things stand, there’s no sign of an end to the junta’s bloody and contentious rule.

IBA to address wellbeing for law students in free 18 February webinar

Landmark ruling of the Court of Justice of the European Union on airport charges: Case C-379/18

This article focuses on a ruling of the Court of Justice of the European Union concerning the competence of the Independent Supervisory Authorities to determine of airport charges. Through analysis of the ruling in question and identification of the peculiarities of the Italian system, this article provides an overview of the main legal barriers to the implementation of Directive 2009/12 on airport charges.

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.

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.

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

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.

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.

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

Hong Kong: IBA and IBAHRI condemn new wave of arrests under the National Security Law

The International Bar Association (IBA) and the International Bar Association’s Human Rights Institute (IBAHRI) condemn the use of the National Security Law in Hong Kong to detain pro-democracy activists and questions the legal premise of the accusations levelled against those detained. IBA President Sternford Moyo commented: ‘The detention of supporters of democracy...

A framework for digital platform regulation

In rapid succession, a number of jurisdictions have moved away from focusing on antitrust enforcement to the proposed regulation of digital platforms. Ostensibly, the regulatory focus is about competition and potential concerns that traditional ex post enforcement may be ill-equipped to address the power of digital platforms. This article focuses on the realities of what platform regulation might mean, and how to better frame and structure the nature of appropriate regulation. This article first identifies a number of the different approaches to regulation that various jurisdictions have put forward, and then lays out six basic principles for platform regulation to help address some of the potential harms that such approaches may unwittingly be pursuing.

Opinion: shareholder activism is the latest partisan battleground

As shareholders increasingly take action to address environmental, social and governance (ESG) issues at public companies, a reactionary movement has mobilised to oppose their efforts. This anti-ESG movement promises to fight back against what it views as ‘woke capitalism’ and its positions attempt to make an ideological statement rather than effect change at companies. Though anti-ESG proposals and board contests have yet to gain significant traction in the corporate setting, increased politicisation of shareholder activism will likely result in heightened tensions during proxy seasons to come.

Canada’s response to Covid-19: the impact on temporary foreign workers

The Government of Canada’s extensive response to Covid-19 has had profound and immediate consequences for the administration of Canada’s immigration programmes, particularly on the temporary foreign worker programme. This article provides an overview of the measures currently in place, with a focus on how these measures affect the 100,000s of temporary foreign workers who play a critical role in Canada’s economy.

Appendix 1: Litigation

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months - Dispute Resolution International (DRI) - October 2020

Overview on employment law protection for members of the Chinese LGBTI group

Under Chinese employment laws and regulations, although it is hard for an outsider to identify specific and lucid provisions in the field of labour and employment for sexual and gender minorities, the needs of legal protection for Chinese LGBTI individuals cannot be neglected. This paper will briefly introduce legislation and legal practices that we found as providing protections for the Chinese LGBTI Group in the field of employment and labour, and provide an overview for employment issues faced by sexual

Avoiding juristic park: how to kick-start your law firm in the post Covid-19 world

The first webinar of the virtual conference focused on practical advice for lawyers and their firms on how to navigate the current economic crisis.

Criminal liability for greenwashing: an industry perspective involving a Luxembourg fund

This article explores the growth of sustainable investment and green finance in Luxembourg and Europe, as well as looking at how bodies such as the EU can approach greenwashing as a consumer law offence.

China’s growing acceptance towards the recognition and enforcement of foreign judgments: an exercise in reciprocity - CWG

As the Covid-19 pandemic continues to intensify and affect businesses around the world, we are likely to see an increase in the amount of disputes initiated by foreign companies against Chinese entities.

IBA European Regional Forum annual retreat

Over the course of 16–18 May this year, the IBA European Regional Forum Officers, Council Members and Advisory Board Members held their annual retreat in sunny Santorini under the hospitality of gracious host and colleague Panagiotis Drakopoulos and Drakopoulos law firm who ensured that the event, dubbed ‘THE BIG RETREAT’, went off without a hitch.

Cyber espionage: China intensifies tech cold war

IBA Global Insight April/May 2019 - China’s telecom giant Huawei is facing mounting scrutiny, with the US and other governments concerned that its market dominance poses a national security threat. Global Insight examines what’s at stake as the two superpowers compete for who controls global technology this century.

Foreign direct investment and political considerations in M&A deals: increasing scrutiny in an era of greater protectionism

This 2025 Toronto session was moderated by Audrey Chen and Alastair Mordaunt, with experts from Germany, Canada and the United Kingdom. It discussed the constantly evolving foreign direct investment landscape, noting that outcomes are unpredictable when facing various practical challenges.

Covid-19: China’s no tolerance policy in spotlight after unrest, economic woes

The IBA Young Lawyers’ Committee’s Training Series: Session six, ‘A quick guide of international arbitration in the Asia Pacific Region’

Summary of the sixth session of ‘The fundamentals of international legal business practice: global trends in changing times’, a virtual eight-part training series presented by the China Working Group (CWG) of the IBA Asia Pacific Regional Forum (APF) and IBA Young Lawyers’ Committee (YLC), 27 July 2021.

Are taxes and economic measures connected with the effectiveness of human rights?

The purpose of this paper is to show the connection between taxes, economic measures adopted due to Covid-19 and the effectiveness of human rights. Various actions taken in different countries will be presented as examples, in order to analyse the common ground that can be observed between these points in this particular situation. Certain actions taken in Uruguay will be presented as a particular point of reference.