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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.

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.

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

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.

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.

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.

Taiwan: IBA report on gender disparity in law shows women are underrepresented in senior roles

The latest research by the International Bar Association (IBA) Legal Policy & Research Unit (LPRU) into gender disparity in the law across the world is focused on Taiwan. The findings reveal that women are underrepresented at the top of the profession in…

Who Is A Friend? The Hong Kong Court of Final Appeal Delivers a Landmark Ruling

The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.

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.

Bullying and Sexual Harassment in the Legal Profession

The IBA's LPRU has published a report on the nature and prevalence of bullying and sexual harassment in the legal profession around the world, based on the findings of its extensive 2018 survey on the subject. It offers both observations and recommendations for action. The IBA hopes that the report will encourage law firms to revisit their policies and training for responding to and preventing bullying and harassment.

Covid-19, Global Impact on Young Lawyers – Career & Practice, Challenges and Opportunities

The session will focus on the impact the Global pandemic has had on young lawyers globally, and will consider key challenges opportunities and developments faced by young lawyers. Discussion will broadly cover, career progression, career/practice development, employment opportunities and mobility and global connectivity.

The impact of armed conflicts on commercial disputes in the UK: Navigating sanctions and supply chain challenges

This article considers how the English commercial disputes market has developed in response to the legal risks that arise from armed conflicts, focusing on: (i) navigating sanctions; and (ii) supply chain challenges.

Palantir and the rule of law

Technology company Palantir is embedded everywhere from NATO to the US immigration enforcement agency. Global Insight assesses the rule of law implications.

Case Comment: Concerning Enforceability of No Oral Modification Clauses: Rock Advertising Ltd v MWB Business Exchange Centres

Case Comment: Concerning the Enforceability of No Oral Modification Clauses: Rock Advertising Ltd v MWB Business Exchange Centres Ltd.

Legal and business news analysis - August/September 2018

IBA Global Insight August/September 2018 -Russian corruption: growing calls for tougher sanctions to combat ‘dirty’ money; The United Kingdom has long been recognised as a favoured destination for wealthy Russian investors, but the flow of ‘dirty money’ from Russia is tainting the country’s reputation. It is increasingly viewed as a safe haven for the Kremlin’s coffers, according to a recent report by the UK House of Commons’ Foreign Affairs Committee

Unforeseen subsurface conditions: A problem beneath us

Architects’ fitness for purpose obligation: obligation of means or obligation of result?

There is a consensus among various legal systems that professional service providers have to perform their duties with reasonable skill and care. However, it has been doubted whether their services must be compatible with the intended purpose of their clients. In the construction industry, the work of building contractors ought to fit the intended purpose of owners, and three theories have been proposed regarding the extension of this obligation to architects. Some believe that architects only bear the ‘obligation of means’, which only requires efforts to provide a suitable design without guaranteeing a specific result. A few others, however, believe that architects’ duty is an ‘obligation of result’, which imposes strict liability on architects to provide a design compatible with the intention of their clients. A third theory has also been developed which differentiates between architects’ obligations based on the type of structure. This article looks into these theories and the reasons behind them.

Evidence gathering in aid of foreign proceedings in the US and England

More than 50 years ago, a treaty known as the Hague Evidence Convention was negotiated under the auspices of the Hague Conference on Private International Law to facilitate cross-border cooperation in the taking of evidence in civil and commercial matters. Yet, even among the more than 60 countries that have ratified the Convention, the rules and practices for obtaining evidence vary widely. The differences between civil and common law jurisdictions are often especially pronounced. The types of evidence that may be obtained, and the procedures for doing so, differ significantly between the United States and England. This article aims to provide a practical overview of what litigants can expect in the US and England when seeking evidence for use abroad.

Convergence and Divergence in Assessing the Broadcasting Practices of Professional Sports Leagues

This article aims to give readers a multi–jurisdictional overview of the law of various courts and agencies that have addressed professional sports broadcasting arrangements, including exclusive arrangements. It highlights some key areas of convergence, including for example the long-established efficiencies that can arise from both league-level broadcasting arrangements and exclusive production and distribution.

IBA hosts largest transnational crime conference to date

The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!