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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.

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 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.

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

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.

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.

Patricia O'Brien Interview

Interview with Patricia O'Brien, UN Under-Secretary-General for Legal Affairs and Legal Counsel at IBA Annual Conference 2012, Dublin. Ms O'Brien shared her experiences and insights concerning global affairs and international law from her perspective as Under-Secretary-General and UN Legal Counsel. Followed by Q&A. The interview was conducted by former CNN anchor Todd Benjamin

Historic justice - Sandra Day O'Connor

After graduating in 1952, Sandra Day O’Connor couldn’t find a law firm willing to give her a job. Nearly 30 years later, she was the first woman appointed to the US Supreme Court, a historic milestone for women’s rights. IBA Global Insight speaks to the former Supreme Court Justice who was at the centre of the controversial election of George W Bush.

Iran: Human rights organisations call for release of human rights lawyer, Nasrin Sotoudeh

Today, in an open letter to the Supreme Leader of Iran Ali Hosseini Khamene, the International Bar Association’s Human Rights Institute (IBAHRI), the Raoul Wallenberg Centre for Human Rights (RWCHR), the Center for Human Rights in Iran (CHRI).

Profile – Sandie Okoro, Senior Vice President and General Counsel at the World Bank

The outgoing World Bank Senior Vice President and General Counsel, Sandie Okoro, tells In-House Perspective about the importance of access to justice, diversity and her work to ensure the Bank leads the charge on tackling racism and inequality head on.

Profile: Samallie Kiyingi, Global General Counsel at Standard Chartered Bank

Global General Counsel for Corporate & Investment Banking at Standard Chartered Bank, Samallie Kiyingi, speaks to In-House Perspective about her career in banking and finance, the challenges facing general counsel and how law can be used as a tool for good.

Profile - Dana Hall, GC, Core Development Group

Dana Hall became General Counsel at Core Development Group, a major US solar energy company, just as the Covid-19 pandemic hit the United States. She tells In-House Perspective about adjusting to a new role during the onset of a pandemic, and how her in-house position allows her to focus on her passion for the clean energy sector and on climate solutions.

Profile: Karen Coppens, Global Head of Ethics at Crédit Agricole CIB

Karen Coppens, Global Head of Ethics and Special Adviser to the Chief Compliance Officer at corporate and investment bank Crédit Agricole CIB, speaks to In-House Perspective about her career in white-collar law and investigations, the challenges she has faced and why ethics and culture is important for business.

IBAHRI concerned over reports of harassment of Ugandan Supreme Court Judge

The International Bar Association's Human Rights Institute (IBAHRI) is concerned over reports of unfair and arbitrary treatment against the Republic of Uganda’s Supreme Court Justice, Dr Esther Kisaakye, following her handing down a dissenting judgment in a 2021 presidential election petition. Disciplinary...

Ghana’s Yorm Ama Abledu wins 2022 IBA Outstanding Young Lawyer Award

The 2022 International Bar Association (IBA) Annual Outstanding Young Lawyer Award recipient has been named as Ghana’s Yorm Ama Abledu, Senior International Attorney at Centurion Law Group and Lecturer at the University of Professional Studies, Accra (UPSA), for her demonstrable passion...

Profile – Vroukje van Oosten Slingeland, General Counsel, ING

Vroukje van Oosten Slingeland has worked for global financial institution ING, based in the Netherlands, for almost 15 years. She tells In-house Perspective about legal innovation at ING; reacting to the Covid-19 pandemic and remote working; and what her vision of the lawyer of the future looks like.

How a Professor of Islam was nicknamed ‘the Crucifix’

IBA Global Insight, Aug/Sept 2016 - As Amena Nosseir works to change ‘contempt of religion’ laws in Egypt, her maverick reputation is starting a free speech debate across the Middle East

The Common Heritage of the International Arbitration Community: An IBA Arb40 Competition for the Most Meaningful Personal Stories

This competition gathers ten meaningful stories about our experiences as international arbitrators in a unique compendium, available for download.

State capture in Angola

The age-old story of grotesque corruption, state capture and Western complicity has repeated time and time again across Africa for generations. The latest revelations about Angola are simply another abject example of rule of law failure.

Human rights news analysis - October/November 2020

IBA Global Insight October/November: Death of Justice Ruth Bader Ginsburg spurs battle for civil rights; IBAHRI calls for release of Belarusian prisoners, urges Iranian authorities to release lawyers and opposes crackdown on dissent in Zimbabwe; Media Freedom Panel supports Clooney's resignation as UK Special Envoy on Media Freedom; Assange extradition would threaten freedom of expression; Statement on trial of Khashoggi killers; In memoriam: George Bizos; Covid-19: use of face masks raises health questions

Preventing and defending discrimination claims

As the world of work changes and global best practices become mandatory, workplace fairness, equality and inclusion are important goals for every employer to pursue. Workplace discrimination occurs when an employee/individual is adversely discriminated against on account of race, colour, religion, sex, disability or genetic information. Using Nigeria as a reference, this article examines the boundaries in preventing and defending discrimination claims.

Afghanistan’s hour of need

The Taliban takeover in August 2021 unleashed an unprecedented crisis. Global Insight speaks to those involved in the IBA’s efforts to support the beleaguered country and its legal profession.

IBA and IBAHRI condemn Zimbabwe court’s barring of Beatrice Mtetwa from defending Hopewell Chin’ono

The International Bar Association and the International Bar Association’s Human Rights Institute (IBAHRI) condemn Harare Magistrate Ngoni Nduna’s decision to hold prominent Zimbabwean human rights lawyer Beatrice Mtetwa in contempt of court and to bar her from representing detained investigative journalist and government critic Hopewell Chin’ono.

Watch livestream: Hina Jilani to receive 2020 Stockholm Human Rights Award after year postponement

Pioneering lawyer, pro-democracy campaigner and avid civil rights activist Hina Jilani was announced one year ago as the recipient of the 2020 Stockholm Human Rights Award and was expected to receive the prize during an in-person ceremony.

IBAHRI urges Venezuelan authorities to grant Judge Afiuni absolute and unconditional freedom

The International Bar Association’s Human Rights Institute (IBAHRI) calls on Venezuela’s judicial authorities to grant absolute and unconditional freedom to Judge María Lourdes Afiuni as per the announcement made to journalists by the United Nations High Commissioner for Human Rights, Michelle Bachelet

Profile: Ayoka Akinosi, Principal Corporate Counsel at Microsoft

Ayoka Akinosi, Principal Corporate Counsel at technology company Microsoft, speaks to In-House Perspective about her career in cross-border corporate compliance, the challenges she has faced and what makes in-house roles meaningful to her.

Hina Jilani announced as 2020 Stockholm Human Rights Award laureate

Pioneering lawyer, pro-democracy campaigner and avid civil rights activist Hina Jilani was announced today as the recipient of the 2020 Stockholm Human Rights Award – bestowed annually by the Swedish Bar Association, the International Bar Association (IBA) and the International Legal Assistance Consortium (ILAC)

Kenyan lawyer Beth Michoma wins the 2021 IBA Women Lawyers' Interest Group Outstanding Woman Lawyer Award

A homage to Anne Ramberg, whose tenure as IBAHRI Co-Chair has ended

With the stepping down of Anne Ramberg Dr Jur hc (pictured) as Co-Chair of the International Bar Association’s Human Rights Institute (IBAHRI), we reflect on her contribution to the IBAHRI over the course of her six-year tenure from 2019-2024. Anne left office on 31 December 2024.