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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 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.

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.

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.

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.

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.

Challenges and solutions: navigating China’s SEP litigation system

As the world’s largest mobile phone terminal manufacturer and consumer market, China has emerged as one of the jurisdictions with the highest number of disputes involving communication standard essential patents (SEPs). High-profile cases, such as Huawei v InterDigital (fair, reasonable, and non-discriminatory (FRAND) rate determination), Huawei v Conversant (anti-suit injunction) and OPPO v Sharp (global rate setting), have attracted global attention. The author of this article shares their thoughts and experience in representing clients in the three of these cases.

The future of disputes

Access to justice and accountability, as well as the existential challenges of the climate crisis and artificial intelligence, are just some of the issues shaping developments in dispute resolution. Global Insight reports.

Digital economy driving China’s antitrust reform

A 2022 amendment made minor modifications to China’s Anti-Monopoly Law (AML), responding in part to challenges triggered by the digital economy. The amendment directly prohibits undertakings from using data, algorithms, technologies, advantage in capital and rules to engage in anti-competitive conduct. Indirectly, the amendment introduces a new legislative purpose (‘encouragement of innovation’), a classification and grade mechanism to merger control, an explicit provision against hub-and-spoke agreements, and requires notification of problematic mergers below the notification thresholds. The Chinese competition authorities should revise their supporting rules, not overlook the positive roles played by capital, think twice before investigating exploitative abuses of dominance, and better coordinate with other administrative authorities.

Appendix 3

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months - Dispute Resolution International (DRI) - October 2020

Editorial – Dispute Resolution International – May 2022

Dispute Resolution International May 2022

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.

Remaining the dispute resolution epicentre: is Med-Arb in Europe’s future?

A hybrid of mediation and arbitration known as Med-Arb is a less formal, more expedient alternative dispute resolution (ADR) process which can be more flexible when resolving disputes. Although rare in Europe, it is widely used in Asian jurisdictions. In order to remain at the forefront of international dispute resolution, Europe could consider the benefits of Med-Arb: namely, a swift and cost-effective resolution, avoiding more traditional costly and time-consuming processes [...]

Antitrust and the internet: is China different?

The article explains the differences in the Chinese antitrust regulator’s approach to regulating antitrust concerns in the digital market from the approach adopted by regulators in other jurisdictions, including the European Union

Editorial – Dispute Resolution International – May 2025

Introduction to the China International Commercial Court and Procedural Innovations in Aid of Arbitrations in Hong Kong

This article provides an overview of the China International Commercial Court (CICC) and its ‘one-stop’ platform for diversified international dispute resolution, as well as the new developments and benefits that this brings to users of arbitration in Hong Kong, in particular at the Hong Kong International Arbitration Centre (HKIAC). It begins by introducing the purpose of CICC’s establishment, the composition of the CICC, and the functions of the CICC. It then introduces the significance of the HKIAC’s inclusion into the CICC’s ‘one-stop’ platform, as the HKIAC is the only arbitral institution outside Mainland China to be so included. This article explains the existing mechanisms and practices through which arbitration users in an appropriate Hong Kong-seated arbitration may seek interim relief and enforcement of arbitral awards in Mainland China. Finally, this article explores the potential developments for users through the CICC’s new mechanisms and their likely impact.

Editorial – Dispute Resolution International – November 2023

Dispute Resolution International - May 2020

The May 2020 issue of Dispute Resolution International, the journal of the dispute resolution section of the IBA.

Dispute Resolution International October 2021

Dispute Resolution International November 2023

Dispute Resolution International - May 2025

Editor’s note - Competition Law International - June 2023

Mediation Law and Civil Practice (2nd Edition)

Mediation Law and Civil Practice (2nd Edition) Tony Allen Bloomsbury Professional (2019) ISBN: 978 1 52650 680 1 416 pp £70 (paperback)

The Application of Transnational Issue Estoppel and Observations on the Primacy Principle by the Singapore Court of Appeal in The Republic of India v Deutsche Telekom AG

The Singapore Court of Appeal’s landmark decision in The Republic of India v Deutsche Telekom AG [2024] 1 SLR 56 clarified the application of transnational issue estoppel in international arbitration under Singapore law. The case arose from India’s attempt to resist enforcement in Singapore of an arbitral award made in Switzerland, after its challenges had already been rejected by the Swiss Federal Supreme Court. The Court of Appeal held that transnational issue estoppel prevents parties from re-litigating issues before an enforcement court that have been finally determined by the seat court, provided the elements of transnational issue estoppel are met. The majority of the Court also discussed obiter the ‘Primacy Principle’, which would give presumptive weight to seat court decisions on award validity, subject to exceptions like public policy or procedural injustice. The judgment aligns Singapore with other leading jurisdictions in promoting finality and efficiency in arbitration while positioning the Singapore judiciary as a thought leader, cementing Singapore’s position as a leading arbitration hub. The decision provides clarity and reduces opportunities for dilatory tactics in award enforcement, though the scope of the Primacy Principle remains open for further development.

Competition Law International - June 2023

Crypto winter disputes: Navigating the intersection of crypto, arbitration and insolvency

The advent of a ‘crypto winter’ in early 2022, characterised by a sharp decline in the value of cryptocurrency assets and significant market volatility, has caused major crypto hedge funds, exchanges and lenders to experience financial distress with several entering insolvency proceedings. Since arbitration is the dispute resolution forum of choice in many crypto-related contracts, with the Hong Kong International Arbitration Centre (“HKIAC”) arbitration rules being particularly popular, the coming months are likely to see an increase in the number of parties seeking to arbitrate disputes against financially distressed crypto companies. This article first provides an overview of the current state of the crypto disputes landscape, which arises at a novel intersection of crypto, arbitration and insolvency. It then looks at the type of legal and practical factors that may be relevant to a creditor in deciding on a dispute strategy when faced with a financially distressed crypto company, including in the context of arbitration and liquidation proceedings.

US presidency: ‘big beautiful’ Act to have global repercussions

When US President Donald Trump signed the One Big Beautiful Bill Act (OBBBA) into law in July, he set in stone tax provisions that’ll shape the US multinational corporate landscape for years to come.

IBAHRI at the 59th session of the United Nations Human Rights Council: key takeaways

With the conclusion of the 59th Session of the United Nations Human Rights Council (UNHRC), held from 16 June to 8 July 2025, the IBAHRI reflects on the key discussions and outcomes of the session, the side events held and the resolutions passed.