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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.

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

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.

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.

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.

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.

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.

Review of the M&A market in Russia and CIS

A virtual conference presented by the IBA Corporate M&A Law Committee, supported by the IBA European Regional Forum, 1-3 Dec 2020

IBA 2020 – Virtually Together social events

IBA 2020 – Virtually Together social events

The impact of the pandemic on Latin American law firms

A webinar presented by the IBA Latin American Regional Forum, 13 August 2020, 1500 - 1615 BST

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

Employment termination in India: navigating legal frameworks, fair procedures and severance strategies

This article provides an overview of the key legal provisions in India that govern employment termination. It delves into the procedural safeguards in place to prevent unfair dismissals, highlighting the distinctions in employment termination practices across different sectors, the special protections afforded to vulnerable groups such as women, disabled or sick employees and the importance of adherence to principles of natural justice in the termination process.

Leadership Training Programme

A virtual training programme presented by the IBA Law Firm Management Committee, 27 April – 21 May 2021

Meet the members: Latin American Regional Forum

Meet the members from the IBA Latin American Regional Forum: Jaime Carey, Moira Huggard-Caine, Marcela Hughes, Fernando Pelaez Pier, Daniel del Rio and Adriana Castro

Being a young partner or a senior associate in times of Covid-19: first sacrificial offering - or big opportunity?

Major law firms are preparing or adopting drastic measures to shore up their finances and mitigate the economic impact of the Covid-19 pandemic.

Global trends and challenges in legal education and legal practice

A webinar presented by the IBA Academic and Professional Development Committee, 28 January 2021, 1300-1400 GMT

Academic institutions handling the Covid-19 crisis

A webinar presented by the IBA Academic and Professional Development Committee

What good can come of this? Emotional and mental wellbeing and the legal workplace post Covid-19

The webinar seeks to explore the challenges currently facing law firms in developing working practices in response to the Covid-19 outbreak which support the emotional and mental wellbeing of their staff, both during and post the pandemic. Overnight, working patterns have been upended, and pre-existing barriers broken down. Far from being an unworkable luxury, mass remote working is now the default. The physical and emotional divide between our work and family lives has also been shattered.

Client development Post Covid

A webinar presented by the IBA Law Firm Management Committee

Personal tales from the wild side part 2: the gang are back with more insights across the globe, focusing on navigating through

Personal tales from the wild side part 2: the gang are back with more insights across the globe, focusing on navigating through the Covid-19 crisis and preparing for the new normality. A webinar presented by the IBA Law Firm Management Committee. 9 June 2020, 1300-1415 BST.

2nd European Automotive and Mobility Services Virtual Conference: The coming of age of mobility services in Europe

A virtual conference presented by the European Regional Forum, 25 February 2021, 1200 – 1330 GMT

As leaders should we be focusing on our people or our profits? Part 2

A webinar presented by the IBA Law Firm Management Committee

A lawyers survival guide to Covid-19

Tales from the wild side, a lawyers survival guide to COVID-19 with personal reflections from leading legal practitioners and industry specialists from across the globe with a mix of professional and more intimate content

Construction disputes in pandemic times

A webinar presented by the IBA International Construction Projects Committee of the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL). 12 August 2020, 1300-1430 BST

Disrupted Industries – the example of the automotive industry

A webinar presented by the IBA Closely Held and Growing Business Enterprises Com-mittee, supported by the IBA Corporate and M&A Committee, IBA European Regional Forum, IBA Latin American Regional Forum, IBA Law Firm Management Committee and IBA Young Lawyers Committee.

The art of the virtual pitch: what GCs really want

3 March 2021, 1300 – 1400 GMT

The role of a damages expert in the evaluation of damages in international commercial arbitration

Damages experts are essential to arbitral proceedings as they assist the arbitral tribunal in evaluating the appropriate level of damages in technical and industry matters. This article explores the role of a damages expert, including the purpose of the damages expert’s appointment, the scope of the damages expert report, key factors to consider when appointing a damages expert, and the factors that determine the acceptance of a damages expert report.

Mind the Consumer Behaviour: Overcoming Consumer Biases in the Assessment of Sustainability Cooperation Agreements

‘Sustainable development’ is a term coined numerous years ago to define the achievement of an optimal level of economic development and growth that does not compromise available resources or lead to significant environmental and social costs. Over the years, however, the concept of ‘sustainability’ has been expanded to cover not only aspects of production and waste but also the quality of the output and the externalities generated by products or services.