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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.

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.

Spain: Former Catalan leaders on trial for ‘draconian’ charges of rebellion and sedition

Spain’s Supreme Court is currently hearing the trial of twelve former leaders of the Catalan government and parliament. The defendants in the trial, which began on 12 February 2019, face charges of rebellion, sedition, civil disobedience and the misappropriation of public funds for attempting to secede the Catalonia region from Spain.

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.

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.

Q&A: Grace Perez-Navarro, Director of the OECD’s Centre for Tax Policy and Administration

Grace Perez-Navarro is Director of the Organisation for Economic Co-operation and Development’s (OECD) Centre for Tax Policy and Administration. Here, she speaks to Global Insight about the key issues facing the OECD, from the implementation of its ‘Two Pillars’ tax reforms to ensuring that the interests of developing countries are protected.

Statutory liability for defects under Korean law

Mino Han and Umaer Khalil discuss the applicability and scope of the statutory defect liability provisions under Korean law.

Women in power

In a year of significant elections, Global Insight examines why women are underrepresented as candidates for office in many countries.

IBA Miami – what you missed or would perhaps like to see again…a round-up of speeches, photos and videos

The International Bar Association (IBA) Annual Conference 2022 took place from Sunday 30 October – Friday 4 November at the at the Miami Beach Convention Center, Miami, Florida.

The rise of M&A and venture capital investments in the Brazilian healthcare sector

Brazilian M&A and venture capital investments have been boosted by the pandemic and by the regulator’s greater openness to technology and innovation, as this article explores.

Victim of credit card fraud? Asking for reimbursement according to the ABF

According to the Italian Banking and Financial Arbitrator (ABF), in cases of fraudulent use of a credit card, the claim for reimbursement of the unauthorised payment transactions should be made against the card-issuing bank.

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.

ESG mandatory reporting as a diversity and inclusion tool

This article provides a view of the recent developments in Brazil regarding diversity and inclusion in corporate governance, based on ESG reporting obligations. Although progress has been made, studies on the matter highlight the need for further progress, especially in terms of women’s representation in leadership positions and inclusion of vulnerable groups, especially black and brown individuals. Consequently, ESG reporting may be used as a powerful tool to increase the representation of vulnerable worker groups, by developing targeted diversity and inclusion policies.

Uganda: IBAHRI condemns anti-LGBTQI+ bill that expands use of the death penalty

The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns Uganda’s Anti-Homosexuality Bill that includes the death penalty for ‘aggravated homosexuality’. The Ugandan Parliament passed the Bill overwhelmingly with 389 votes to 2 on 21 March 2023.

The year of elections: The rise of Europe’s far right

After strong showings in recent elections, there are far-right parties in government in seven European countries. Global Insight assesses the threat to the rule of law and what can be done to protect it.

Non-compete clauses: protection or restraint?

Non-compete clauses are standard in employment agreements, especially with senior executives, and also in M&A deals. Through non-compete clauses, founders and key executives exiting the business are bound by certain restrictions. This article considers non-compete clauses in India, the United Kingdom and the United States, particularly in the context of the current Covid-19 pandemic.

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 synopsis of sports law in India

Sports in India is predominantly synonymous with cricket. It is often said that in India, cricket is not a sport, but is a religion; and, since the advent of the Indian Premier League in 2007, besides cricket, other sports in India have also animated all conversations with passion, not simply for the love of sports, but because of the impressive revenue that sports generates.

Changes to the Competition Act – a catalyst for the Indian economy?

India is increasingly becoming a key jurisdiction for foreign investment. To keep the momentum going, the Indian government has consistently attempted to keep the business environment friendly and less burdensome. This includes: a reduction in corporate tax rates; easing the liquidity problems of non-banking financial corporations and banks; foreign direct investment policy reforms; and easing compliance norms – all with the aim of promoting ‘ease of doing business in India’. After more than a decade, India’s competition law has recently been amended, bringing about key changes that will impact businesses. The 2023 Amendments to the Indian Competition Act 2002 (the Act) introduce changes that several antitrust jurisdictions are still considering. The 2023 Amendments are a mixed bag of changes: several are business friendly – such as commitments and settlements, expedited merger review timelines and introducing a leniency-plus regime – while others aim to achieve greater regulatory oversight and stricter enforcement, such as deal value thresholds, penalties on global turnover and increased liability for hubs in ‘hub-and-spoke’ cartels. The Competition Commission of India (CCI), the body entrusted with the responsibility to nurture and maintain well-functioning markets that facilitate the growth manifested by the Indian government, must adopt a balanced approach to ensure that competition enforcement does not get in the way of ‘economic growth’ as envisaged under the Preamble of the Act. This article examines the impact of the 2023 Amendments on the Indian market. In particular, the writers examine the CCI’s approach in adopting these tools and tailor it according to the requirements of the Indian economy.

Sweden – a flourishing Fintech start-up scene in spite of regulatory hurdles

By Mattias Anjou, Johan Löfquist and Isabelle Vinterskog. Sweden – a flourishing fintech start-up scene in spite of regulatory hurdles

How to handle privileged communications in international arbitration

When parties come together to negotiate International Master Franchise Agreements they focus on royalty splits, development schedules and the boundaries of the territory granted to the master franchisee. Alternative dispute resolution provisions are usually only given little consideration, much less how privileged communications are to be handled if a dispute arises.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

Preventive legal measures under Korean law against unjust bond calls

This article analyses the preventive legal measures under Korean law against an unjust bond call by the beneficiary/employer (the ‘Beneficiary’) upon the various unconditional bank guarantees that have been issued by financial institutions located in Korea (the ‘Issuing Bank’).

Fighting transfemicide in the Americas

The ruling in the first transfemicide case to come before the Inter-American Court of Human Rights is set to change the landscape of rights for transgender people across the Americas.

The potential for use of mediation in the field of IPRs and the current mediation system in Taiwan

Due to the very nature of the IP rights that are aligned with the essence of mediation, they are simply called '3M', which are 'Market cycle', 'Multiple jurisdictions' and 'Market power'. This paper will explain why the disputes related to IP rights are suitable for mediation.

An update on new regulatory tools to deal with the increased number of international investment claims in Vietnam

On 8 April 2020, the Prime Minister of Vietnam issued Decision No 14/2020/QÐ-TTg which replaced Decision No 04/2014/QÐ-TTg from January 2014 on regulating the coordination between the Vietnamese state bodies in international investment dispute settlement. This article provides an overview of Vietnam’s internal mechanism in dealing with international investment disputes, with updates on some specific features of the newly adopted Decision in comparison with past regulation.

The Paradox of Venture Debt: How and Why Does Debt Work in the Venture Market?

Venture debt, a different funding alternative for startups, has positioned itself firmly in the venture business in the past few years, reaching high numbers in the US market by 2022, and more recently has begun to gain position in other markets, such as Latin America. This type of financing seems counterintuitive at first, since the logic behind loan financing has not aligned traditionally with the high-risk profile and low cash flows of startups. This has led to burdensome requirements for its founders, who have had to back up the loans personally, but the empirical data seems to point towards a significant use and growth of this type of financing. This article looks at how venture debt works and why it works.

Electrifying discussions: a recap of the 4th European Automotive and Mobility Services Conference

Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.

Reflections on the IBA European Regional Forum Retreat in Budapest

Arriving in Budapest, I was excited to join my first IBA European Regional Forum (ERF) retreat as a council member. Bringing together over 50 officers, council members and Advisory Board members, this was a great (and slightly daunting!) opportunity to immerse myself in the ERF and find out more about their current and upcoming projects.

Issue 9 – Friday 19 June 2020

The ninth issue of the IBAHRI Covid-19 Human Rights Monitor addresses several key areas pertaining to the impact of the virus on vulnerable communities, including an update on conditions in refugee camps, prisons and informal settlements. The consequences of the pandemic on disability rights and women's health are also covered.