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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.

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.

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.

Who Is A Friend? The Hong Kong Court of Final Appeal Delivers a Landmark Ruling

The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.

Mediation or conciliation? Singapore Convention and recent developments in China

Alongside mediation, conciliation and the Singapore Convention, this article addresses the lack of a uniform mediation Act and the rise of commercial mediation centres, and the future of commercial mediation.

About the IBA ICC & ICL Programme

About the IBA's ICC & ICL Programme, mandate, key partnerships, activities, about the ICC and international justice

Closing soon, registration for the 2024 IBA ICC Moot Court Competition

The annual International Bar Association (IBA) International Criminal Court (ICC) Moot Court Competition is open for registrations for the 2024 edition, taking place from 31 May – 7 June 2024 in The Hague, the Netherlands.

Mongolia must uphold its obligations as an ICC State Party – arrest Vladimir Putin or cancel his visit

President Vladimir Putin of Russia will make a visit to Mongolia starting on 3 September. Mongolia is a State Party to the Rome Statute of the International Criminal Court (ICC). As a State Party, Mongolia has obligations under the Rome Statute, including the obligation to…

IBA calls on states to push back against US sanctions on ICC Prosecutor and official

On Wednesday 2 September, United States Secretary of State Michael Pompeo announced that International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda and the Head of the Jurisdiction, Complementarity and Cooperation Division (JCCD) Phakiso Mochochoko have been designated by the US State Department for economic sanctions. The International Bar Association (IBA) condemns this latest action by the Trump Administration to harass senior officials….

Ukraine solidifies commitment to accountability with Rome Statute law

IBA welcomes removal of sanctions on ICC Prosecutor and senior official

The International Bar Association (IBA) welcomes the repeal of the sanctions placed by United States former president Donald Trump on International Criminal Court (ICC) Prosecutor Fatou Bensouda and Phakiso Mochochoko, the Head of the Jurisdiction, Complementarity and Cooperation Division of the Office of the Prosecutor.

IBA elevates partnership with Grotius Centre to stage annual moot court competition

In the context of the rule of law under threat in many jurisdictions, the International Bar Association (IBA) has announced a fortified partnership with the Grotius Centre for International Legal Studies of Leiden Law School to annually stage the largest moot competition focussed on international criminal law: the final round of which usually takes place at the International Criminal Court (ICC) in The Hague.

IBA convenes officials and diplomats to discuss accountability for international crimes through strengthened support for the ICC

The IBA International Criminal Court and International Criminal Law Programme and IBAHRI convened officials of the ICC and the Assembly of States Parties with state representatives in Geneva. They discussed the role that the United Nations Human Rights Council (UNHRC) can play to promote accountability for...

IBA gathers key legal figures to discuss state cooperation for the arrest and surrender of international crime suspects

On 16 October, 2024 at the French Embassy in The Hague, the International Bar Association’s (IBA) International Criminal Court and International Criminal Law (ICC & ICL) Programme convened an expert roundtable to discuss state cooperation for the arrest and surrender of suspects accused of international crimes.

IBA extends partnership with Grotius Centre, organiser of the annual IBA ICC Moot Court Competition

The IBA and the Grotius Centre for International Legal Studies at Leiden Law School have signed a new Memorandum of Understanding extending their partnership regarding the organising of the IBA ICC Moot Court Competition.

Ukrainian legal practitioners visit The Hague for high-level training in international criminal justice

A delegation of 25 Ukrainian legal professionals recently travelled to The Hague to participate in training sessions to expand their knowledge and skills in the field of international criminal justice.

IBA ICC Moot Court Competition opens its 2024 session with an address by the ICC President, Judge Akane

The 2024 International Bar Association (IBA) International Criminal Court (ICC) Moot Court Competition has begun with a keynote address by ICC President, Judge Tomoko Akane.

IBA redoubles call for increased State cooperation for the International Criminal Court as Rome Statute commemorated

As December 2023 marks the end of the Rome Statute’s 25th anniversary, amid much global turbulence, the International Bar Association intensifies its call for greater support by states for the International Criminal Court, founded in 1998 following the adoption of the Statute by 120 countries.

A new report highlights the need for state cooperation with international courts

New report from the ICC & ICL Programme calls for greater attention to be paid to the human rights of persons convicted by international courts.

IBA urges State Parties’ cooperation and greater support for the International Criminal Court

Singapore Management University wins the 12th IBA ICC Moot Court Competition

The 2025 IBA ICC Moot Court Competition (Moot Court or ‘Competition’) has been won by Singapore Management University. The winning team comprised Lea Yeo Jen Wen, Justin Chew, Dewi Sabrina Husnan, Timothy Cheng Zhi Wen, Wong Zi Yang and Elsa Shalina Abdullah…

Judge Kimberly Prost opens the 12th IBA ICC Moot Court Competition

The 2025 IBA ICC Moot Court Competition (Moot Court or ‘Competition’) has begun in The Hague with welcoming and opening remarks by International Bar Association (IBA) President-Elect Claudio Visco and International Criminal Court (ICC) Judge Kimberly Prost. Organised by the Grotius Centre for...

Singapore Management University wins 2024 IBA ICC Moot Court Competition

The Singapore Management University team has won the 2024 IBA ICC Moot Court Competition.

The rise and rise of China’s legal profession

IBA Global Insight April/May 2018 - Chinese firms are growing rapidly and developing global credentials, forcing international competitors to retreat from the region. Global Insight explores how domestic activity and inbound work are driving the business models set to challenge established global players.

As the International Criminal Court faces attacks, the IBA Hague Office repeats call for support

The Hague Office of the International Bar Association (IBA) has reiterated its call for States Parties to demonstrate unequivocal support for the International Criminal Court (ICC or ‘the Court’) and to protect the Court and those who collaborate with it from threats and attacks. The appeal was made during the 23rd session...

IBA welcomes election of new ICC officials

The International Bar Association (IBA) welcomes the election of Karim Khan QC as the next Prosecutor of the International Criminal Court (ICC) and six judges, as well as the new president, vice presidents and members of the Bureau of the Assembly of States Parties (ASP) – the Court's management oversight and legislative body, composed of...

Conventional fuels in the age of climate crisis

In this feature, the first of two parts, Global Insight assesses the legal issues associated with conventional fuels – oil, gas, coal and nuclear – when it comes to responding to the ever-worsening climate crisis and the urgent need for energy transition.