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Appendix 1: Litigation

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

BIC News Issue 1

D&1 Officer list test

Handbook for lawyers: Chapter 1

Issue 1 – Wednesday 22 April 2020

The first issue of the IBAHRI Covid-19 Human Rights Monitor assesses gender-based violence and women’s health, LGBTQI+ rights, prison and detention conditions, refugee camps and asylum procedures. Concerns are raised over reported increases in domestic violence in a number of jurisdictions and the lack of basic protective measures to prevent the spread of Covid-19 in prisons and detention centres.

Day 1 of the first 100 days

The journey of a new IBA presidency, the final destination of which is strengthening the leadership of the IBA and of our profession, has just started. The world is changing right before our eyes. Our profession, through a global association such as the IBA, has a great opportunity as well as the responsibility of assuming a leading role in upholding the rule of law and providing legal guidance in this context.

Swedish immigration law: updates from 1 June 2022

On 1 June 2022, the Swedish Parliament introduced new updates to the immigration law. The newly introduced changes aim to discourage criminal activities and prevent companies from engaging in salary dumping. They also maintain trade unions’ level of workers’ protection and interest. Moreover, the law is presented as an additional level of protection against human trafficking. This article discusses the new updates to the immigration law.

The EPPO Starts Operations on 1 June 2021

As the first European prosecutorial authority, the European Public Prosecutor's Office starts operations on 1 June 2021. The EPPO’s mission will be to prosecute criminal offences affecting the European Union’s financial interests.

The EU’s draft regulation on artificial intelligence (part 1)

The first part of this analysis encompasses the AI Act’s scope, as well as prohibited AI practices, AI systems needing higher level of transparency and those subject to voluntary compliance. The second part will be published in the next volume of the Technology Law eBulletin, and will concentrate on high-risk AI systems and the outlined set of requirements for them.

Procedural Timetable No 1 - Topped and Tailed: Improved Case Management

By including active case management tools in Procedural Order No 1 and Procedural Timetable No 1, the tribunal lays the foundation for maximising efficiency over the life of the proceeding. In this article, the author proposes a number of innovations to be implemented, as the title suggests, to top and tail the process, with additional steps in the middle. The author provides a template Procedural Timetable No 1 and then discusses selected procedural steps with the corresponding text for Procedural Order No 1. The proposals include pre-scheduling several case-management conferences to address procedural issues early and often; holding a mid-stream meeting (aka a Kaplan Early Opening), where parties give short oral arguments and present limited witness evidence; identifying a pre-scheduled mediation window to allow the parties to consider mediation, without either side having to request it; directing the parties to provide a Joint List of Issues and Schedule of References; and scheduling both a pre-hearing Tribunal meeting (aka a Reed Retreat) and deliberation days in the Timetable.

Procedural timetable no 1 – topped and tailed: improved case management

The first panel session at the 23rd Annual IBA Arbitration Day discussed the need for more robust case management by arbitral tribunals.

Commencing the Arbitration: An Arbitrator’s Perspective on Procedural Order No 1

This article discusses, from an arbitrator’s perspective, the approach to preparing the first Procedural Order for the conduct of an Arbitration (Procedural Order No 1), so that it fits with the case specifications. The author advocates the approach discussed at the panel led by Lucy Reed at the 23rd Annual IBA Arbitration Day on 25 March 2022 that arbitrators should consider the specific needs of the case and collaboratively engage with the Parties to identify the relevant issues and appropriate procedure for the case, before circulating Procedural Order No 1. The author gives examples of techniques the Arbitral Tribunal can use to engage in a collaborative approach while retaining the final power to decide upon the procedure, including Procedural Order No 1.

Schedule 1: Substantive and temporary laws and regulations during the pandemic

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

Lex Cryptographia: Guidelines for ensuring due process in transnational blockchain-based arbitration [1]

Blockchain-based arbitration is just like traditional arbitration except it takes place on blockchains, such as Ethereum. The arbitration agreement forms part of the smart contract, arbitrators are selected using random numbers extracted from the blocks in the blockchain and the award is also embedded in a self-executable smart contract. There is currently no regulation in transnational blockchain-based arbitration. Any such regulation faces a number of serious challenges, such as how to determine the applicable jurisdiction in a blockchain-based arbitration. This article seeks to address such challenges by suggesting some possible guidelines.

Day 1 of the 10th IBA London Finance and Capital Markets Virtual Tax Conference

Day 1 of the 10th IBA London Finance and Capital Markets Virtual Tax Conference, 18 January 2021, 1400-1620 GMT

Effective tools in managing diversity and inclusion challenges in the construction industry: Part 1

A webinar presented by the IBA International Projects Committee of the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), 23 September 2020, 1400 – 1500 BST

Showcase Session - Business and human rights part 1 with Kofi Annan and John Ruggie

Showcase Session, Vienna 2015 - Business and human rights part 1 with Kofi Annan and John Ruggie

Eiser v Spain: The standard for annulment under article 52(1)(a) of the ICSID Convention

On 11 June 2020, an ad hoc committee (the ‘Committee’)1 rendered a decision on the request filed by the Kingdom of Spain (‘Spain’) to annul the award issued in Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l v Spain, ICSID Case No ARB/13/36 (the ‘Underlying Arbitration’ or ‘Eiser’).

24th Annual IBA Arbitration Day, 2023 - Opening remarks and session 1: Third-party funding and investment arbitration

The Arbitration Day 2023 took place in Lisbon, 13-14 April, and was attended by more than 500 delegates. Portuguese Deputy MInister for Justice Jorge Alves Costa gave the welcome remarks. The first session dealt with the impact of third-party funding (TPF) on investment arbitration.

Revisiting the State’s Role in the Private Sector: Reflections on EU System of Checks & Balances in the Age of Covid-19: Part 1

Long before the advent of the Covid-19 pandemic, there was a growing consensus across the European Union that over a decade of austerity since the market failures of the financial crisis of 2008 had weakened the ability of many sovereign states’ institutions to deliver key public services. In response to the financial crisis, EU Member States felt compelled to prop up their corners of the international financial system through huge cash injections into ailing banks that were funded by taxpayers

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.

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.

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.

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

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).

The climate crisis: COP26 and the next steps

November’s COP26 talks were hailed as a monumental opportunity to show ‘ambition’ in the fight against the climate emergency. Global Insight assesses what was achieved – and identifies where the world still needs to go further to mitigate climate disaster.

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.

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 Covid-19 pandemic and the institution of ‘change of circumstances’: a Portuguese overview

The crisis caused by the Covid-19 pandemic has renewed interest in the need for legal and contractual mechanisms that promote the adjustment of contracts in the event of unforeseeable and abnormal circumstances.

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.