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Italian Communications Authority issues copyright enforcement measures against Telegram

The Italian Communications Authority (AGCOM) has initiated proceedings for online copyright infringement on the application of publishing industry rights holders. The applicants claimed that public channels on the instant messaging platform illegally made thousands of journalistic and literary works from their catalogues available for downloading. AGCOM’s moral persuasion proved pertinent, as Telegram spontaneously removed them. Most recently, emergency legislation has introduced new provisions expanding A

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

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.

Improving (anti-)social media behaviour

Legislators and regulators have intensified their efforts to drive social media platforms towards ‘good behaviour’ in response to concerns about the harms they cause, as Global Insight reports.

Arbitration in Practice: a close look at the IBA Guidelines on Party Representation in International Arbitration

A 4-part webinar series presented by the IBA Asia Pacific Arbitration Group, supported by the IBA Arbitration Committee and the the IBA Asia Pacific Regional Forum

Dutch Franchise Act into force!

This article examines the Dutch Franchising Act that went into effect 1 January 2021, providing an overview of its definitions, concepts, and content.

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.

Roundtable: Contract Enforceability in the Age of Covid-19

This ‘roundtable’ article analyses force majeure and the key aspects of enforceability across a number of jurisdictions, in the context of the Covid-19 pandemic. The jurisdictions featured are the United States; the United Arab Emirates; Brazil; Singapore; France; as well as English law.

Material adverse change clauses in M&A: the risks of USMCA renegotiation and tariff uncertainty

This article examines the enforceability of Material Adverse Change (MAC) clauses in scenarios involving tariffs or sudden treaty changes, analysing how courts in the United States and Mexico might assess such enforceability claims under their respective legal systems.

IBAHRI condemns the murder of Iranian dissident journalist Ruhollah Zam

The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns the execution of Ruhollah Zam, an Iranian dissident journalist and editor of the website and Telegram channel AmadNews. Mr Zam was arbitrarily arrested in October 2020 and sentenced to death for ‘spreading corruption on earth’. The sentence was confirmed on 8 December and he was hanged on 12 December 2020.

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.

US Supreme Court holds that non-signatories to arbitration agreement subject to New York Convention can compel arbitration

On 1 June 2020, the United States Supreme Court issued its opinion in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC (GE Energy), holding that non-signatories to an arbitration agreement can compel arbitration of agreements that are subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or simply ‘Convention’) by relying on traditional legal and equitable principles.

IBAHRI statement at the United Nations Human Rights Council high-level panel discussion on the question of the death penalty

The International Bar Association’s Human Rights Institute (IBAHRI) notes the high-level panel discussion on the question of the death penalty. We welcome positive steps taken by some states, including the executive moratorium on the death penalty in California, as well as measures in Colorado, Pennsylvania and Oregon. The decision of US Attorney General Barr to reinstate the death penalty is therefore an unacceptable retrogressive step, as is Sri Lanka’s intention to reinstate the death penalty and

US mass arbitrations present new challenges prompting re-examination of class action waivers

Parties in the US including consumers and employees are bringing claims as mass arbitration, which is unique from class actions that have been the focus for many years. The new mass arbitrations present a unique challenge to companies, and call into the question whether and how to negotiate arbitration and class action waiver provisions in contracts.

2020-2021 legal market trends in Ukraine

This article outlines what to expect in Ukrainian legal market in the course of the next year.

Detention of human rights lawyer Amirsalar Davoodi in Iran of deep concern

The International Bar Association’s Human Rights Institute (IBAHRI) is deeply concerned by the continued detention of human rights lawyer, Amirsalar Davoodi, without legal representation. A regular user of social media platforms as well as his Telegram channel, Without Retouch, to speak out about human rights concerns in Iran, Mr Davoodi was arrested in the country on 20 November 2018 and charged with crimes against national security. Access to his lawyer has been denied and family visits left wanting.

Belarus – IBAHRI condemns detention of media and use of force against protesters following elections

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the detention and use of force against peaceful protesters and journalists in the Republic of Belarus, following the announcement of the initial results of the presidential elections on 9 August 2020. According to the Central Election Commission of Belarus, the elections results indicate that incumbent President Alexander Lukashenko won with 80.23 per cent of votes. Several organisations, including…

‘Sham’ election is latest attack on Cambodian democracy

The most recent threat to democratic rule in Cambodia came in the form of July’s national election, which was held against the background of an ongoing media crackdown.

Ukraine conflict: Russia’s crackdown on dissent escalates in wake of invasion

Russia attacks fundamental freedoms and rule of law as Navalny’s network targeted

The international community breathed a collective sigh of relief on 23 April when opposition leader Alexei Navalny ended a 24-day hunger strike in prison after finally receiving medical care. Yet ongoing efforts to suspend his political organisation and restrict other fundamental freedoms threaten to cripple Russia’s already deteriorating human rights situation.

Evidencing damage caused by modern warfare: Russia’s large-scale war against Ukraine

The large-scale war waged by Russia on Ukraine has been going on for over two years and has caused enormous damage. The total amount of damage to Ukrainian citizens, businesses and the state itself is yet to be quantified. It already appears to be in the range of hundreds of billions of dollars. It is said that even the total value of all frozen Russian assets in different jurisdictions is far below the value of the damage caused by the Russian aggression against Ukraine.

Disappearing messages: updating best practices

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.

Covid-19: response to pandemic wreaks havoc with rights across Middle East

When Roya TV in Jordan aired a report highlighting the concerns of workers over the economic impact of the country’s Covid-19 curfew, the channel was expecting peak viewership as the public stayed home. But, just hours later, two of its top executives were arrested, part of an emerging trend across the Middle East whereby those questioning the official response to the pandemic are penalized and, on occasion, thrown behind bars.

Breaches of international maritime laws in Russia’s war against Ukraine

In March 2014 Russia annexed Crimea and part of the Donetsk and Luhansk region in eastern Ukraine. Fighting has continued in this part of Ukraine since then. From the first days of the invasion, Russia declared the northwestern area of the Black Sea and Sea of Azov a zone of hostilities.

Russia attacks fundamental freedoms and rule of law as Navalny’s network targeted

The international community breathed a collective sigh of relief on 23 April when opposition leader Alexei Navalny ended a 24-day hunger strike in prison after finally receiving medical care. Yet ongoing efforts to suspend his political organisation and restrict other fundamental freedoms threaten to cripple Russia’s already deteriorating human rights situation.

Indian data laws that made the headlines

This article discusses the technology and data related developments which made headlines recently and have the potential of changing the way companies do business in India.

Navigating trade secret protection in R&D collaborations: requirements and challenges

In today's dynamic business environment, research and development (R&D) collaborations are pivotal drivers of innovation, spanning various sectors. Yet, the efficacy of many such collaborations relies heavily on ensuring the protection of confidential information and/or trade secrets. This article delves into the intricate requirements and challenges associated with safeguarding confidential information and/or trade secrets within R&D alliances and partnerships, drawing on established legal frameworks and industry norms.

When and how to pull levers: intent and enforceability of term sheet/letter of intent

When and how to pull levers: intent and enforceability of term sheet/letter of intent. Teresa Massaro, Christopher Scott, Luca CM Melchionna

Obtaining the right evidence—the key to successful recovery in civil fraud litigation in England and Wales

The article discusses key applications available in England and Wales to obtain disclosure to assist with asset tracing and fraud claims.