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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.

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.

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

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.

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.

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.

An Analysis of the Broader Implications of the European Commission’s International Skating Union Case

On 8 December 2017, the European Commission decided that the International Skating Union’s (ISU) Eligibility Rules breached EU competition law. The rules provided that an athlete could be sanctioned for participating in an event not authorised by the ISU. The Commission thus examined whether the rules unlawfully restrict competition under Article 101 of the Treaty on the Functioning of the European Union (TFEU) by establishing a pre-authorisation procedure for third-party organisers and imposing sanctions

All That Glitters Is Not Gold: The Otiose Existence of the Indian Stewardship Codes

Hot on the heels of the ‘corporate purpose’ and environmental, social and governance (ESG) debates, investor stewardship is the latest buzzword in comparative corporate governance. What started as a domestic regulatory initiative in the United Kingdom in 2010 morphed into a global phenomenon and eventually reached Indian shores. A stewardship code is essentially a principles-based framework, which aids institutional investors in fulfilling their responsibilities, in terms of protecting and enhancing the value of their clients. A corollary of this, meaningful implementation of the stewardship principles also improves the corporate governance practices of the investee companies – institutional investors are required to actively engage as ‘stewards’ in the corporate governance of their portfolio companies. The Insurance Regulatory and Development Authority of India (IRDAI) floated its stewardship code in 2017 (and revised in 2020) and the Pension Fund Regulatory and Development Authority (PFRDA) followed suit in 2018. Most recently, the stewardship code of the Securities and Exchange Board of India (SEBI) (India’s capital markets regulator) was implemented in July 2020 and the SEBI, through a separate circular dated 5 March 2021, also mandated mutual funds to vote on all resolutions from 1 April 2022 (collectively, the IRDAI, PFRDA and SEBI stewardship codes are referred to as ‘the Indian stewardship codes’). Today, UK-style stewardship codes have been exported to over 20 jurisdictions, and the Indian stewardship codes resonate with the global stewardship movement and the drive towards corporate sustainability and engagement on ESG-related issues. However, while the Indian stewardship codes have made a laudatory start, there is significant scope for improvement, in light of developments in the global stewardship movement. One significant reason why improvements are necessitated is the modelling of the Indian stewardship codes along the lines of the UK code. This modelling has overlooked the differences in cross-jurisdictional shareholding patterns and consequently limited its success – the article explores the structural weaknesses flowing from the transplantation of the UK code to India (a country with a concentrated shareholding pattern).

Digital health in Brazil during the Covid-19 outbreak

Digital health in Brazil during the Covid-19 outbreak

Regulatory highlights: digital health in Brazil during Covid-19 outbreak

Brazil has been using digital health as a tool to contain the Covid-19 outbreak. The present article comprises a summary of the regulatory highlights related to digital health in Brazil, which were driven by the pandemic scenario, such as: telemedicine, medical prescriptions and medical certificates in digital form; and remote sale and home delivery of medicines subject to special control.

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.

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.

Afghanistan: IBAHRI condemns killings and calls for better protection of girls and women

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the killing of dozens of schoolgirls in West Kabul, Afghanistan, by targeted explosive blasts and calls on the Afghan government to provide better protection for girls and women.

The telecommunications industry in Pakistan: growth, challenges and opportunities

Pakistan's telecommunications business has expanded significantly in recent years, spurred by rising demand for low-cost cellular services. The spread of mobile and broadband networks, as well as government attempts to improve infrastructure and promote competition, have all played important roles in this development. The sector's rise was notably pronounced during and after the Covid-19 pandemic, which considerably increased e-commerce and as a result, demand for connectivity. Despite these developments, the industry continues to face policy-based and operational hurdles which have hampered increased investment.

Green is gold: can waste be transferred to energy? A perspective on new energy laws in China - CWG

Green is gold: can waste be transferred to energy? A perspective on new energy laws in China- July 2020

People power - climate change

IBA Global Insight April/May 2016 - With the Paris Agreement on climate change relying on governments voluntarily taking measures to cut emissions, there’s a growing body of opinion that it could lead to increased citizen action – and litigation for inaction.

Procedure and supporting documentation for application to the Greek non-dom taxation regime

Article 5A of Law 4172/2013, which applies from the 2020 tax year onwards, states that an individual who transfers their tax residence to Greece using the new procedure outlined in this article can be subject to an alternative method of taxation for income generated abroad.

Premier League football: copyright spat derails Saudi ambitions

For months, Saudi columnists agreed that a bid by their country’s sovereign wealth fund, the Saudi Public Investment Fund (PIF), to buy Newcastle United, an English Premier League football team, was a big win, a safe investment, a visionary decision by ‘the leadership’. For the Saudi media, their initial confidence came to a halt in late July when PIF lost patience waiting for the Premier League to complete its vetting process and withdrew the offer.

O Trabalho de prevenção à tortura do IBAHRI no Brasil

In spring 2018, the International Bar Association's Human Rights Institute (IBAHRI) and the Anti-Torture Initiative (ATI) reached the milestone of conducting tailored programmes in all five regions of Brazil on torture prevention and implementing the Istanbul Protocol. The IBAHRI has worked in Brazil since 2010 to support the country in its commitment to eradicate torture as part of its obligations under international law

O IBAHRI exorta as profissões jurídicas no Brasil a trabalharem pela melhoria das condições prisionais

COMUNICADO À IMPRENSA: sexta-feira, 13 de janeiro de 2017. Diante das rebeliões ocorridas em presídios de Manaus e Roraima no Brasil, os quais resultaram na morte de cerca de 100 pessoas e na fuga de diversos presos, o Instituto de Direitos Humanos da International Bar Association (IBAHRI), exorta as profissões jurídicas do país a trabalharem com urgência pela melhoria das condições das prisões e pela criação de ambientes nos quais os direitos humanos dos presos e servidores do sistema prisional sejam respe

Business Law International (BLI) January 2020

The January 2020 issue of Business Law International, the journal of the Legal Practice Division of the International Bar Association

Recent digital economy policy developments and enforcement actions in Taiwan

The rise of digital technologies, notably e-commerce and algorithms, has brought increased attention to competitive challenges. Consequently, competition authorities across different jurisdictions have embarked on the task of developing policies to address these potential competition issues. In line with this collective effort to establish a regulatory framework, the Taiwan Fair Trade Commission (TFTC) released the White Paper on Competition Policy in the Digital Economy on 20 December 2022 (‘the White Paper’). The White Paper starts with the TFTC’s observation of the development and characteristics of the digital economy. It goes on to outline the TFTC’s observations, considerations and concerns regarding competition with the digital economy. It suggests possible approaches to address these emerging competition issues, shedding light on the TFTC’s enforcement position based on how it views the market reality in the digital economy. This article aims to summarise the key competition issues highlighted in the White Paper, focusing on three major aspects – abuse of a dominant position, merger and concerted action – and offers insights on the TFTC’s recent practices concerning the digital economy.

The impact of armed conflicts on commercial disputes in the UK: Navigating sanctions and supply chain challenges

This article considers how the English commercial disputes market has developed in response to the legal risks that arise from armed conflicts, focusing on: (i) navigating sanctions; and (ii) supply chain challenges.

Preliminary witness hearings in the Netherlands

This article aims to introduce the concept of the preliminary hearing of witnesses of fact in the Netherlands (expert witness evidence is outside the scope of this article). This procedural possibility allows parties to hear witnesses in proceedings, separate from or prior to proceedings on the merits (if any).

Brasil: Novo relatório da IBA mostra sub-representação de mulheres em níveis seniores em todos os setores do direito

Parte do projeto “50:50 até 2030”, o relatório examina a disparidade de gênero na profissão jurídica no Brasil.

Telemedicine in Brazil: the impact of Covid-19

Brazil, like other countries, has faced several challenges since the beginning of the global health crisis due to the spread of Covid-19. Throughout the pandemic, Brazilian authorities have engaged in an extensive legal and normative production seeking to regulate various issues, especially in dealing with health and technology.

Why take chances? A deep dive into the regulatory, compliance and transactional complexities of acquiring a gambling business

Gambling M&As in North America and Europe today in the .com space often involve activities that are not legal in the sense that they are not specifically licensed or authorised by the relevant jurisdiction in which they operate, raising numerous challenges for lawyers. This panel at the IBA Annual Conference Toronto 2025 explored this subject.

Update on the complexities of Hong Kong surrogacy law: parental orders, criminal liability and the authorisation of expenses

During the pandemic, two recent Hong Kong High Court cases may have opened the door to relaxing Hong Kong’s legislative restrictions on surrogacy and possibly formal law review and reform.

IBAHRI e ATI requerem que Brasil revogue o Decreto Presidencial que desmantela o Mecanismo Nacional de Prevenção e Combate à Tor

A Instituto de Direitos Humanos da Associação Internacional de Advogados (“IBAHRI”) e o Iniciativa Anti-tortura (“ATI”) expressam grande preocupação e condenam a decisão do Governo brasileiro de estabelecer severas limitações ao trabalho do Mecanismo Nacional de Prevenção e Combate à Tortura (“Mecanismo Nacional”). A medida representa uma perigosa redução da proteção dos indivíduos privados de liberdade.