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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.

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

IBAHRI and other lawyers' associations issue open letter to Turkish authorities to mark Day of the Lawyer in Turkey

The Bar Council of England and Wales, the Bar Human Rights Committee of England and Wales (BHRC), the International Association of Lawyers (UIA), the International Bar Association’s Human Rights Institute (IBAHRI), and the Law Society of England and Wales have sent an open letter to Turkish authorities raising concerns over the rising number of cases of human rights violations against lawyers in Turkey.

Digital transformation and human rights

As governments around the world increasingly move to automate social security, Global Insight evaluates the dangers that unchecked digital transformation poses to the rights of the world’s poorest citizens.

Insolvency of Crowdfunding

In recent times, physical crowds are frowned upon, lest it spark the inadvertent transmission of the deadly Covid-19 virus across social groups. However, it is precisely in times like these that the true value of the crowd has emerged.

When a bill of lading is not spent: Yue You 902 [2019] SGHC 106

In the decision of The Yue You 902 and another matter [2020] 3 SLR 573 (Yue You 902), the Singapore High Court considered the rights of a trade finance bank seeking to enforce its security over cargoes pledged to it by its customer.

Post-employment restrictions: non-compete clauses

Post-employment restrictions: non-compete clauses

Pre-action discovery in aid of arbitration

Pre-arbitral discovery in Singapore was generally disallowed by the courts. However, with the advent of the new Rules of Court in Singapore taking effect as of 1 April 2022, it seems appropriate to review Singapore’s position on pre-arbitral discovery and whether it might be allowed under the new Rules of Court.

Deposit of money as an interim measure in aid of arbitration

Indian courts have adopted a novel and commercially pragmatic approach in ordering recalcitrant debtors to deposit money as security in aid of a claim in arbitration where there are clear admissions of liability or their defence is moonshine.

Transnational Issue Estoppel and the Primacy Principle in International Arbitration: A Way Forward

Many common law jurisdictions have relied on the test of transnational issue estoppel to prevent repeated attempts to resist the enforcement of an arbitral award, particularly when such attempts have proved fruitless when attempting to set aside the award in the courts of the seat. However, the traditional test of transnational issue estoppel also carries significant disadvantages in terms of time and cost. The Singapore Court of Appeal in the case of The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10 has proposed a new test, known as the Primacy Principle, that creates a presumption that a prior seat court decision on the validity of the award is determinative, and thus leads to a refusal to entertain subsequent attempts to resist enforcement of an arbitral award. However, the Primacy Principle remains vague and undefined, which may lead to potential unforeseen consequences. This article examines the Deutsche Telekom case, the Primacy Principle, and considers whether such a principle will provide practical benefit to international arbitration practitioners.

IBAHRI statements on Turkey at the 37th Session of the Human Rights Council

On 1 March, on behalf of the IBAHRI and five other organisations, the International Commission of Jurists (ICJ) delivered an oral statement at the Human Rights Council’s 37th session. In the statement, the ICJ urged the Council to address the attack on lawyers and threats to the independence of the legal profession around the world with a particular emphasis China, Azerbaijan, Kazakhstan and Turkey as examples of where such attacks had occurred.

IBAHRI UNHRC45 Oral Statement on the right to effective legal representation in capital cases

FIACAT, the International Bar Association’s Human Rights Institute, the Advocates for Human Rights, Ensemble contre la peine de mort (ECPM), Reprieve and UIA – Union Internationale des Avocats, with the support of the Children Education Society (CHESO), the Center for Prisoner’s Rights (CPR), the Cornell Center on the Death Penalty Worldwide and Legal Awareness Watch (LAW), organizations that are members of the World Coalition Against the Death Penalty, which also co-signs this statement, welcome the repor

The impact of Covid-19 on the global insurance industry – Singapore

IBAHRI announces launch of International Fair Trial Day and the Ebru Timtik Award

The right to a fair trial has long been recognised by the international community as a fundamental human right. Without a fair trial every individual risks becoming the victim of a miscarriage of justice. Either as an innocent suspect wrongly convicted, or as a victim unable to secure justice for a wrong perpetrated against them. Ebru Timtik was one...

JOINT STATEMENT - LAWYER NASRIN SOTOUDEH

We, the undersigned 26 Bar Associations, Law Societies, and organisations supporting the legal profession of over 14 countries, stand in solidarity with our Iranian colleague Nasrin Sotoudeh and other lawyers in Iran who are being persecuted by their Government for carrying out their profession diligently and in accordance with the law.

The International Bar Association expresses its great concern about the speed with which Mexico is promoting a far-reaching reform of the judiciary

Mexican President Andrés Manuel López Obrador has presented a legislative initiative entitled ‘Judicial Reform’. The proposal is far-reaching and includes the election by popular vote of ministers of the Supreme Court of Justice of the Nation, federal judges and magistrates in addition to the…

IBA Annual Litigation Forum: The Hague Conference on Private International Law

The IBA Annual Litigation Forum 2024 started on 18 April with the first session concerning the Choice of Court Convention 2005 and Judgments Convention 2019, two recent conventions of the Hague Conference on Private International Law (HCCH). Sara Chisholm-Batten (Michelmores, London) and Dr Urs Hoffmann-Nowotny (Schellenberg Wittmer, Zürich) moderated the distinguished panel consisting of Dr Christophe Bernasconi (Secretary General of the HCCH, The Hague), Blossom Hing (Drew & Napier, Singapore), Thomas Plewman KC (Brick Court Chambers, London), and Dr Norel Rosner (European Commission, Brussels).

La International Bar Association manifiesta su gran preocupación por la celeridad con la que México impulsa una reforma del poder judicial de largo alcance

El Presidente de México ha presentado una iniciativa legislativa denominada “Reforma Judicial”. La propuesta es de largo alcance e incluye la elección por voto popular de ministros de la Suprema Corte de Justicia de la Nación, de jueces y magistrados federales, la reducción de su…

IBAHRI adds support to lawyers Ebru Timtik’s and Aytaç Ünsal’s call for fair trials and the administration of justice in Turkey

The International Bar Association's Human Rights Institute (IBAHRI) has signed a joint statement alongside the Bar Human Rights Committee of England & Wales, the International Association of Lawyers (UIA), The Law Society of England and Wales and Lawyers for Lawyers expressing concern for the safety of Turkish lawyers Ebru Timtik and Aytaç Ünsal

Canadian courts confirm that ICC Rules preclude appeals from arbitral awards

This article looks at the decision in Baffinland Iron Mines LP v Tower-EBC GP/SENC, where the Ontario Superior Court of Justice and Court of Appeal for Ontario considered the ability to appeal an arbitral award made in an arbitration conducted under the auspices of the International Chamber of Commerce (‘ICC’) and pursuant to the ICC Rules. In short, the Ontario courts determined that the parties were bound by the ICC Rules by virtue of their incorporation by reference into the governing arbitration agreement. These decisions confirm the limited rights to appeal an arbitral award in Canada and reinforce its recognition as an arbitration-friendly jurisdiction.

The law of anti-suit injunctions in India - Litigation Committee newsletter article, April 2020

The law of anti-suit injunctions in India - Litigation Committee newsletter article, April 2020

IBAHRI and partners condemn the harassment of human rights lawyer Aleksey Ladin

On 24 January 2024, the International Day of the Endangered Lawyer, human rights defender and lawyer Aleksey Ladin will face a disciplinary hearing by the Council of the Tyumen Regional Bar Association.

Regulating the flow: competition law and oil and gas transfers in Angola

The introduction of the competition framework is reshaping how oil and gas transactions are operated in Angola. Although recent practice by the Angolan Competition Authority appears to be consistent, a formal position can help to bring clarity. Parties should adjust completion conditions accordingly to strike the right balance between execution and compliance risks.

From the beginning: political and commercial factors leading up to USCMA

A webinar co-presented by the IBA Arbitration Committee and the IBA North American Regional Forum

Tiered Dispute Resolution Clauses: Do You Walk the Straight and Narrow Path?

Many dispute resolution clauses today are multi-tiered, setting out a consultation process that includes an amicable settlement of disputes prior to commencement of arbitration or litigation. The consultation process may be relatively informal (for instance, between designated representatives of the parties) or more formal (for instance, with a third-party mediator/dispute resolution board).

IBAHRI and other rights groups call for release of Qatari lawyers and quashing of their life imprisonment sentences

In a joint statement the IBAHRI has called for the conviction and life imprisonment sentences given to Qatari lawyers, and brothers, Hazza bin Ali Abu Shurayda al-Marri and Rashed bin Ali Abu Shurayda al-Marri to be overturned.

Keeping the Freezer Stocked: Interim Relief in Aid of Foreign Proceedings before the DIFC Courts

It is a common feature of financial fraud schemes for the proceeds of the fraud to be scattered across several jurisdictions, frequently through a network of connected entities. For the victims of fraud, the first step in attempts to salvage their investments will often be to seek a worldwide freezing order in the courts of the country in which the defendants and their activities are centred. In many such cases, however, the freezing order in the primary jurisdiction will not be sufficient

IBAHRI launches Black Robes, Red Targets: a report and film spotlighting extrajudicial killings of legal professionals in the Philippines

A disturbing pattern of extrajudicial killings, harassment and systematic human rights violations targeting legal professionals in the Philippines has been revealed in a new report, Black Robes, Red Targets (the Report), published by the Caravana Filipina – an international fact-finding mission….

IBA President statement - What we have achieved together

As I take the last step of the fascinating journey of being the International Bar Association (IBA) President during 2023-2024, I look with pride at the path we have walked together. When I took office, my motto was not to lead a revolution, but an ambitious evolution, bringing this impressive Association to…