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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.

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.

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.

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.

Observations on new trends in Chinese anti-corruption laws and practice

In the Chinese legal system, provisions addressing commercial bribery are dispersed across various legal instruments and judicial interpretations. Among the different legal authorities in China, the core provisions guiding anti-corruption can be found in the Anti-Unfair Competition Law and its draft Amendment (issued in 2022 and still open for public comment); the Criminal Law of China, along with its amendments; and the Supervision Law of China and its accompanying regulations for implementation.

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.

Recent developments in international taxation in Argentina

Upon the change of office in December 2019, the new Argentine Government (the 'Government') presented a bill (which Congress passed as Law No 27,541) declaring a state of emergency in a number of areas. Among the most relevant modifications, Law No 27,541: (1) levied a new tax on access to the foreign exchange market; (2) abrogated taxation on certain financial transactions; and (3) introduced relevant amendments to the Income Tax Law and Personal Assets Tax Law.

Character concerns in immigration processes in Australia

This article explores the concept of ‘good character’ in Australian immigration law and the role it plays in in determining whether visa holders can have their visas cancelled.

Legitimate expectations and state assurances: a look at the protection of predictability and stability of the legal framework for international construction projects

Duty to warn in construction contracts

Limits to directors’ and officers’ liability for fraud or corruption in Brazil: arbitration involving state-controlled entities

Brazil is currently focused on privatising state-controlled entities. While this may present great investment opportunities, given Brazil’s issues with corruption, it carries a considerable amount of risk. This article establishes practices and precautions to uphold investors’ interests in cases of corruption, fraud or mismanagement. In doing so, it will endeavour to compare the US and Brazil’s statutes of limitation rules, proceeding with a practical analysis of civil actions for damages filed by investo

The UN Charter: global society’s guide to challenging times

Far from being consigned to the archives of the 20th century, it should be recognised that the UN Charter is more relevant today than at any time in its previous eight decades.

Covid-19 vaccination passport and European Digital Green Certificate: a French and European law perspective on how fundamental rights are challenged

Since Order No 2020-1257 of 14 October 2020 declaring the state of health emergency, the French Government has issued many orders meant to restrict the circulation of French citizens both within the national territory and outside its borders.

IMF Covid-19 crisis funding: an opportunity to fight corruption

A record number of over 90 countries have requested financial assistance from the International Monetary Fund (IMF) to cope with the Covid-19 pandemic and its colossal economic impact. In response, the IMF has pledged to place its US$1trn in lending capacity at the service of countries in need.

Artificial intelligence and life sciences: a perspective from Singapore

This article examines the evolving intersection of artificial intelligence (AI) and the life sciences sector in Singapore, focusing on the relevant regulatory frameworks and developments. The article further describes the public consultation approach that Singapore has taken in relation to addressing ethical, legal and social concerns for human biomedical research.

What’s influencing executive pay

The debate appears to be shifting on executive pay in some jurisdictions. In-House Perspective explores the factors behind how executive pay is calculated and what it means for companies.

Job-retention programmes – and their aftermath

The Covid-19 pandemic has caused governments the world over to implement schemes to avoid mass unemployment during periods of economic shutdown. Margaret Taylor assesses the programmes in place across a number of jurisdictions and the consequences as these schemes wind down.

How Brazil regulates Open Banking

‘Open Banking’ refers to an open, interoperable and permeable platform for the sharing of information about financial assets, goods and rights held by account holders and investors who use the services of the capital and financial markets, including payment services. This article details its regulation in Brazil.

Perspectives for a ‘right to be forgotten’ amid the reintegration of ex-guerrilla members in Colombia

One of the most important challenges after the signature of the peace process in Colombia with the FARC guerilla (the ‘Peace Process’) is how the government, and the society as a whole, can assure ex-guerrilla members that they will be able to reintegrate effectively into a digital driven society where information about their past, and about the crimes they committed, is just one click away.

India's Smart Cities Mission

Podcast: India’s ambitious ‘Smart Cities Mission’ aims to drive urban development and stimulate growth in the world’s fastest-growing major economy. The Mission is a flagship policy for Indian Prime Minister Narendra Modi. It offers funding to cities across India to apply ‘smart’ solutions that involve the often-innovative use of technology, information and data.

The enforceability of knock-for-knock indemnity clauses in offshore wind construction contracts

LGBTQIA+ rights in South Africa

The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.

Cross-border M&A Transactions Involving Multilatinas in Emerging Latin American Economies: the Post-Covid-19 Outlook

Despite a general drop in the global number of M&A deals in the aftermath of the global pandemic, multilatinas – companies operating in many Latin American countries – seem to be boosting the market, especially when it comes to cross-border deals involving Latin American emerging economies. The aim of this article is to analyse the recent cross-border M&A transactions between multilatinas and the novel key issues that corporate lawyers should consider in this context.

Australia’s draft News Media Bargaining Code

Amid the tensions between leading digital platforms and traditional news businesses, the Australian government has produced a novel proposal to use competition law to require designated digital platforms – initially Google and Facebook – to compensate news media businesses for news content. This article explains the origins of the proposed News Media Bargaining Code and developments after the proposal, including reactions from digital platforms.

Argentina: tax authorities’ spotlight turns on irrevocable trusts

A recent tax amnesty programme in Argentina was quickly followed by a substantial increase in applicable estate tax rates, leading many taxpayers to opt for irrevocable trusts as a tool for long-term estate planning. Consequently, the Argentine tax authorities have vowed to scrutinise irrevocable trusts and prosecute their misuse to the fullest extent of the law. The matter is likely to be contested in criminal courts, with few precedents to predict how courts could rule in this type of dispute.

Expedited Arbitration Procedures as A Fast and Cost-effective Option – User Experience and Practice

Arbitration is no longer perceived as a cheap and fast option for resolving commercial disputes. Against the backdrop of increased user dissatisfaction with time and costs in arbitration, this article takes a fresh look at expedited procedure as one of the most effective techniques in response to this concern. The article begins by outlining the main features of expedited arbitration and then explores three areas where procedural rules diverge: (1) whether expedited procedures apply automatically, (2) the value threshold for their application, and (3) the appointment of arbitrator/s. Building on this general overview of procedural and institutional framework, the main part of the article identifies various genuine or perceived challenges encountered with expedited procedures. The article considers issues such as the suitability of expedited procedures for arbitration matters, their ability to deliver genuinely fast dispute resolution, challenges encountered with the constitution of the arbitral tribunal and due process considerations. These issues are analysed through the lens of user experience and practice gathered from caselaw, doctrine and empirical evidence, including from surveys conducted by the Singapore International Dispute Resolution Academy (SIDRA) since 2019.