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IBA Profile Interview with Norton Rose partner Farmida Bi

IBA Profile Interview with Norton Rose partner Farmida Bi

Issue 21 – Friday 11 September 2020

The 21st edition of the Monitor covers topics including a fire in Moria refugee camp forcing refugees ill with Covid-19 to flee and the growing crisis for worldwide refugee camps, the effect on low-income earners, including redundancies and homelessness and the difficulties for those living with disability in the reopening of schools.

Issue 11 – Friday 3 July 2020

The latest issue of the IBAHRI Covid-19 Human Rights Monitor contains updates on gender-based violence and women’s health in India and Northern Ireland. Also: refugee camps, including the Kakuma Refugee Camp in Kenya, which has no reported cases of Covid-19 to date.

IBAHRI and ATI pen letter to Turkey’s President condemning conviction of 11 medical professionals

The International Bar Association’s Human Rights Institute (IBAHRI), in conjunction with the Anti-Torture Initiative (ATI), has written to Turkey’s President, Recep Tayyip Erdogan, condemning the conviction of 11 members of the Turkish Medical Association (TMA) Central Council on terrorism charges.

A contract to enter into a future contract of franchising does not fall under the notion of ‘provision of services’ provided by Regulation Brussels I bis

With judgment of 14 September 2023 in EXTÉRIA sro v Spravime sro, the European Court of Justice (ECJ) decided on the interpretation of Article 7(1) of Regulation (EU) 1215/2012 (‘Regulation Brussels I bis’), in the context of a contract to enter into a future contract of franchising.

Fighting corruption in Brazil: Federal Decree No 11,129 of 11 July 2022, regulating anti-corruption law

The Anti-Corruption Law was first regulated, at the federal level, by Decree No 8,420 of 18 March 2015. On 12 July 2022, more than seven years later, Federal Decree No 11,129 of 11 July 2022, which regulates Anti-Corruption Law and repeals Decree No. 8,420/2015, was published by the Brazilian government. This article provides a detailed overview of the new Decree.

Multinational LATAM companies in distress: Chapter 11 or Chapter 15 of US Bankruptcy Code – opportunities and pitfalls

Report on the session of the Insolvency Section of the Latin American Regional Forum at the IBA Annual Conference in Miami

Latin American airlines file for Chapter 11 in response to Covid-19: forum shopping or sound strategy?

A webinar presented by the IBA Insolvency Section, 8 September 2020, 1400-1500 BST

Chapter 11 rehabilitation proceedings in Korea of a shipping company - Maritime and Transport Law Committee, July 2020

This article is aimed at providing detailed information about the procedures and pertinent details of rehabilitation or Chapter 11 proceedings of Korea regarding shipping companies.

Report on Tables 11 and 12 of Interactive Workshop: Selected corporate topics connected to developments and consequences of the global pandemic – part one

Report on session at 6th IBA Global Entrepreneurship Conference, 16 – 17 May 2022, presented by the IBA Closely Held and Growing Business Enterprise Committee

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.

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.

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.

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.

Observations on new trends in Chinese anti-corruption laws and practice

In the Chinese legal system, provisions addressing commercial bribery are dispersed across various legal instruments and judicial interpretations. Among the different legal authorities in China, the core provisions guiding anti-corruption can be found in the Anti-Unfair Competition Law and its draft Amendment (issued in 2022 and still open for public comment); the Criminal Law of China, along with its amendments; and the Supervision Law of China and its accompanying regulations for implementation.

A framework for digital platform regulation

In rapid succession, a number of jurisdictions have moved away from focusing on antitrust enforcement to the proposed regulation of digital platforms. Ostensibly, the regulatory focus is about competition and potential concerns that traditional ex post enforcement may be ill-equipped to address the power of digital platforms. This article focuses on the realities of what platform regulation might mean, and how to better frame and structure the nature of appropriate regulation. This article first identifies a number of the different approaches to regulation that various jurisdictions have put forward, and then lays out six basic principles for platform regulation to help address some of the potential harms that such approaches may unwittingly be pursuing.

The Stolt Commitment v Thorco Cloud Collision case revisited by the Supreme Court of the Netherlands

This article sets out the Dutch Supreme Court’s decision of 29 May 2020 in the Stolt Commitment v Thorco Cloud case.

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.

Landmark ruling of the Court of Justice of the European Union on airport charges: Case C-379/18

This article focuses on a ruling of the Court of Justice of the European Union concerning the competence of the Independent Supervisory Authorities to determine of airport charges. Through analysis of the ruling in question and identification of the peculiarities of the Italian system, this article provides an overview of the main legal barriers to the implementation of Directive 2009/12 on airport charges.

Patent monopolies and the pandemic emergency: obstacle or opportunity?

The outbreak of the Covid-19 pandemic generated extensive debate regarding equitable access to vaccines and medical treatments. In this framework, discussion of the role of patents in health care came to the fore: Are patents a resource, or are they instead an obstacle to the widespread protection of public health during a pandemic emergency?

Tax offences: the new field for corporate criminal liability in Italy

This article examines the inclusion of tax offences among the predicate offences capable of triggering corporate liability, a matter which has been the subject of a controversial debate in Italy over the past decade. It outlines the changes following the incorporation of the European Delegation Law of 2018 into Italian law

Offshore finance: UK government halts push for greater transparency

In March 2019, the UK Parliament was due to debate a Bill requiring the UK’s crown dependencies – Jersey, Guernsey and the Isle of Man – to introduce public registers to bring about greater transparency in the hope this would prevent illicit financial flows

Between a rock and a hard place: when China’s merger commitments to supply meet US export controls

This article reviews recent US export control rules impacting China and relevant Chinese merger control practice, and considers the implications of the regulatory tension between the two regimes for parties involved in a China merger review or subject to China merger remedies.

Conflict of Laws Rules in Nepal

The approval clause as a limit to company share transfers: a comparison between SRL and SPA regulation

This article analyses the statutory approval clause, taking into account recent case law, and compares the rules governing joint stock companies and limited liability companies in Italy on this topic.

American presidency: executive orders

IBA Global Insight April/May 2017 - Serving as Deputy Assistant Attorney General under George W Bush, John Yoo authored the ‘Torture Memos’ that provided the legal basis for US detention and interrogation policies following 9/11. Here, he assesses Donald Trump’s early days in power and says the use of executive orders is damaging his presidency.

Current US Sanctions with Respect to the Russian Federation: Successes, Challenges and a New Model for Economic Statecraft

As the United States has increased its use of sanctions, it has also refined the craft of sanctions. New sanctions concepts or tools have emerged in the last decade, leading to increased complexity in understanding, implementing and complying with these restrictions. Nowhere has this been seen more than in the US response to Russia’s invasion of Ukraine. The use of sanctions as a tool of foreign policy has reached a critical juncture. This article discusses the successes of US sanctions with respect to Russia, novel challenges that have emerged and how sanctions infrastructure may evolve to address these challenges.

Brazilian Law no. 14,034 and its impact on airlines

The present article aims to explore the recent changes in Brazilian regulations brought by Law No. 14,034/20, expected to aid airlines and industry players during the coronavirus (Covid-19) pandemic, as well as its impacts on the future development of the aviation sector and the possible creation of a more business-oriented regulatory environment.