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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.

Highlights from the 11th Annual IBA World Life Sciences Conference, 11–13 June, Boston

From 11–13 June, leading legal experts in life sciences and healthcare convened at the Ritz-Carlton, Boston, for the 11th Annual IBA World Life Sciences Conference. The event, co-hosted by the IBA Intellectual Property and Healthcare and Life Sciences Law Committees, brought together regulators, corporate counsel, private practitioners and academics to address the most pressing developments at the intersection of law, innovation and global health. This articles considers the key themes and panel highlights of the conference.

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.

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

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.

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.

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.

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.

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.

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.

Judicial review of arbitral awards in Canada: recent developments and trends

In 2019, the Supreme Court of Canada released Canada v Vavilov. That decision reworked the legal framework governing the standard of review by courts of administrative decisions. But Vavilov has also created uncertainty about the continued applicability to domestic arbitral awards of the deferential standard of review articulated in previous (but relatively recent) Supreme Court case law. This article explores recent Canadian decisions on the standard of review in the domestic arbitral award context, and related questions about when courts will step in to review arbitral awards and the standard of review they will apply in doing so, along with other developments in Canadian arbitration law.

Foreign interference laws: political paranoia or sound domestic policy?

By Robert Wyld. Foreign interference laws: political paranoia or sound domestic policy? - Asia Pacific Regional Forum, September 2020

Human rights news analysis - October/November 2020

IBA Global Insight October/November: Death of Justice Ruth Bader Ginsburg spurs battle for civil rights; IBAHRI calls for release of Belarusian prisoners, urges Iranian authorities to release lawyers and opposes crackdown on dissent in Zimbabwe; Media Freedom Panel supports Clooney's resignation as UK Special Envoy on Media Freedom; Assange extradition would threaten freedom of expression; Statement on trial of Khashoggi killers; In memoriam: George Bizos; Covid-19: use of face masks raises health questions

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

Character-Infused, Social Value Purpose for Aspirational Leaders

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.

Non-arbitrable disputes - the law in India

By Kingshuk Bannerjee. Under the current legal framework in India, arbitrability is the norm and non-arbitrability the exception. The Indian Arbitration Act, which is largely premised on the UNCITRAL Model Law on International Commercial Arbitration 1985, adopts the globally preferred approach of minimal judicial intervention. That said, non-arbitrability is, undoubtedly, a thorn in the side of arbitration.

The axiom of impartiality: Halliburton v Chubb

The UK Supreme Court’s much-anticipated judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) (Respondent) [2020] UKSC 48 (on appeal from [2018] EWCA Civ 817) opens with the recognition of an axiom which goes to the heart of justice: “‘it is axiomatic that a judge or an arbitrator must be impartial; he or she must not be biased in favour of or against any party in a litigation or reference.

Covid-19: use of face masks raises health and environmental questions

Across the globe, governments have taken differing attitudes to the use of face masks as a means of controlling the Covid-19 pandemic. In Spain, which imposed one of the strictest lockdowns when the virus hit, mask wearing is mandatory in many indoor and outdoor public spaces, while Italy requires face mask use only when social distancing is not possible, such as in city centres and workplaces.

Employment: Industrial action on significant scale roils UK

On 18 and 20 August, around 2,500 members of the UK’s Transport Salaried Staffs’ Association (TSSA) will go on strike. They’ll be joined on those days by members of the National Union of Rail, Maritime and Transport Workers (RMT) – who were involved in previous industrial action earlier in the summer – and Unite members, who work as electrical control room operatives at Network Rail, in action over pay, job security and conditions.

UK referendum on EU membership raises countless legal questions

The result of the UK’s referendum on membership of the European Union on 23 June sent shockwaves through the financial markets. While the country, the rest of Europe and indeed the world begin to come to terms with the result there are still many vexing legal questions that are challenging both lawyers and lawmakers.

‘Lawfare against justice’

The war in Ukraine has brought an awareness of the extremely dire consequences of corruption. Global Insight examines the dangers of leaving legal systems open to abuse by the rich and powerful

Internal investigations: recent developments in New Zealand

This short article provides an overview of the New Zealand approach to regulatory and similar investigations. Those are typically undertaken by a business in relation to some trigger which brings to light a regulatory problem, ethical challenge, or other misconduct (even potentially criminal behaviour). An internal investigation might take place on its own, or in parallel with an external regulatory investigation which the business must also deal with.