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Issue 2 – Thursday 30 April 2020

The second issue of the IBAHRI Covid-19 Human Rights Monitor addresses global issues including femicide, transphobia, unsanitary refugee camps, overcrowded prisons and the neglect of disability rights.

30 jurisdictions participate in the first global IBA Women’s Day

On International Women’s Day 2023, the President of the International Bar Association (IBA), Almudena Arpón de Mendívil Aldama, announced the launch of the IBA Women’s Day; a worldwide event in celebration of women legal professionals. This inaugural event is aimed at guiding the younger generation of...

30-year sentence for Congolese warlord marks turning point for ICC

The 30-year sentence handed down to former Congolese general Bosco Ntaganda in November marked a significant triumph for the International Criminal Court (ICC) following a period of increasingly strong criticism.

30 jurisdicciones participan en el primer Día de la Mujer de la IBA

En el Día Internacional de la Mujer 2023, la Presidenta de la International Bar Association (IBA), Almudena Arpón de Mendívil Aldama, ha anunciado el lanzamiento del Día de la Mujer de la IBA, una celebración mundial de las mujeres profesionales del derecho. Este evento tiene como objetivo inspirar y orientar...

International Bar Association Conference: Access to Justice and Legal Aid Committee Session 30 October 2023

A report on the Access to Justice and Legal Aid Committee session at the 2023 IBA Annual Conference in Paris.

Anti-Corruption Committee sessions at the IBA Annual Conference, Miami, 30 October to 4 November 2022

This report outlines some of the topics discussed by panellists at sessions organised by the Anti-Corruption Committee at the IBA Annual Conference, Miami, 2022.

Psychological health, safety and wellbeing: reshaping the working environment of the European law firm – IBA Annual Conference Paris, 30 October 2023

The European Regional Forum (ERF), in particular its Professional Wellbeing Working Party (PWWP), organised a session on lawyers' wellbeing and ways in which we can make our law firms become better working environments. This session was additionally organised with the support of the IBA’s Presidential Task Force on Mental Health and wellbeing and the Professional Ethics Committee; it took place at the IBA 2023 Annual Conference in Paris.

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

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.

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.

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.

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.

Sexual offence laws: Ireland launches review of complainant protections in rape trials

Reviews of sexual offences legislation are being undertaken in both Ireland and Northern Ireland following a recent trial involving high-profile sportsmen that prompted considerable media coverage and serious concern globally over the treatment of all parties.

Ground conditions and design liability

Amendments to India’s Companies Act in light of the Covid-19 pandemic

The article aims to collate and provide a broad view on the various amendments incorporated under India’s 2013 Companies Act in light of the Covid-19 pandemic.

Overview of the AFA’s survey regarding French companies’ anti-corruption systems

Law No 2016-1691 of 9 December 2016 on transparency, the fight against corruption and modernisation of economic life (Sapin II Law) requires certain companies to take measures to prevent and detect acts of corruption or influence peddling.

Humanitarian law and the narrative of the war dead in Ukraine

Though silent, the bodies of those killed in war still have stories to tell. Customary and statutory international humanitarian law are dedicated to these stories, protecting the rights of the persons who used to inhabit these bodies. Despite the ongoing nature of the war in Ukraine and the dearth of reliable information, some reports set out facts which are likely to implicate these IHL principles both during and after the conflict. In looking to the dead for evidence, and acting to honor their memory, IHL reaffirms their dignity and humanity.

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

Limitations on distribution of profits due to Covid-19

By V. Resat Moral, Karaca Kacar, Nur Duygu Bozkurt and Burak Bati. Limitations on distribution of profits due to Covid-19 - Corporate and M&A Law Committee newsletter article, July 2020

The post-Brexit era: where are we now?

Individuals and organisations alike are getting to grips with how the immigration landscape has changed in a post-Brexit era. EEA nationals will now be treated like non-EEA nationals and will require immigration status to live and work in the UK. This article provides answers to some of the questions that organisations may have concerning the changes to immigration status.

Construction Law International - June 2021 - Country Updates: England

The impacts of Covid-19 on access to private healthcare in Brazil

The impacts of Covid-19 on access to private healthcare in Brazil

Regional integration and the African Continental Free Trade Agreement: from parallelism to harmonisation

The African Continental Free Trade Area agreement (AfCFTA) is one of the most ambitious and progressive trade agreements concluded in recent years. Proper implementation is key to its success, however. One notable obstacle to the agreement is the fragmented trade and regulatory landscape against which it has been negotiated. Member states of AfCFTA are party to a plethora of regional trade agreements and economic communities with differing approaches and degrees of integration, which creates a risk of inconsistency, increased compliance costs and inefficiencies for member states and businesses alike. This article explores how Article 19 of AfCFTA tackles this fragmentation by providing a mechanism for harmonisation while preserving higher levels of regional integration

From the Mediation Committee Co-Chairs - July 2022

We are glad to share with you the IBA Mediation Committee’s firstt of the two biannual bulletins in 2022 and we hope that you will enjoy reading the contributions.

Let’s face it: challenges of face recognition technology in Latin America

Let’s face it: challenges of face recognition technology in Latin America.

Proposed amendments to Switzerland’s anti-money laundering and sanctions framework

An article on proposed amendments to Switzerland’s anti-money laundering and sanctions framework by Matthias Gstoehl and Benoit Mauron.

Case Comment: Mac Attack – EU General Court Rules on Revocation Action Against McDonald’s Big Mac Trademark

On 5 June 2024, the General Court ruled on a long-running trademark dispute between Supermac (Holdings) Ltd (‘Supermac’) and McDonald’s International Property Company, Ltd concerning a trademark registration for what may be considered the latter’s most famous menu item, the Big Mac. Supermac’s success in the case provides a salient reminder to rights holders that, even for marks as established and well known as ‘BIG MAC’, they face partial or even full revocation of their registered rights if they cannot provide sufficient evidence of use of the mark across all goods and services for which they are registered.

German legislation to protect inpatient care during the Covid-19 pandemic

The outbreak of the coronavirus’ has posed unprecedented challenges to healthcare systems worldwide. The Federal Republic of Germany has adopted a series of drastic measures aimed at containing the spread of Covid-19. These measures are currently being eased gradually as the number of infections declines. This article provides an overview of past and current legislative healthcare measures, which are of particular importance for inpatient care providers.