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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.

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

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.

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.

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 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 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.

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

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.

Resolution of international commercial disputes in times of war: considerations for minimising risks

This article examines the limits of litigation, courts, and government sanctions to ensure fairness in resolving cross border disputes during times of war. The article surveys various pitfalls of litigation in times of conflict or involving matters connected to war. It concludes by noting that arbitration may prove to be a powerful and, potentially, more prevalent tool for businesses and individuals to navigate disputes and business relations in times of war.

Cross-border insolvency and United States assets

The arrival of the COVID-19 pandemic and the consequent economic recession it has caused is expected to lead to a surge in bankruptcies worldwide. Even litigators who do not practice bankruptcy should be aware of how a bankruptcy proceeding may affect their clients. Defence counsel may need to assess the options of a client facing a judgment, while plaintiff’s attorneys may need to counsel clients about the effect a bankruptcy filing can have on their claims.

The fight against corruption, economic sanctions and national security: the new enforcement triangle?

The Covid-19 pandemic provides the most recent illustration of the irreversible interdependence of the world economy. It also underscores the need for regulation of a scale sufficient to address the negative effects of this interdependence. In a globalised world that increasingly relies on a complicated web of producers throughout the supply chain, malign actors have found new ways to exploit the situation for illicit gain. Within this fluid context, one cannot fail to observe a new international approach to the fight against corruption aimed at both linking it to economic sanctions and anti-money laundering (AML) laws and elevating it to a national security issue. This year sees national governments and other international actors such as the EU rising to meet the challenge.

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.

Pre-action discovery in aid of arbitration

Pre-arbitral discovery in Singapore was generally disallowed by the courts. However, with the advent of the new Rules of Court in Singapore taking effect as of 1 April 2022, it seems appropriate to review Singapore’s position on pre-arbitral discovery and whether it might be allowed under the new Rules of Court.

Reserve Judgment: Arbitrating Resources Disputes in Africa

As African states seek to use national laws to protect their natural resources and increase revenue from their development, this article considers the difficulties facing companies looking to protect investments, primarily in West and sub-Saharan Africa, while respecting the transformational needs of host states.

Developments in the implementation of Basel III in the Chilean banking system

There have been several recent developments in regard to the implementation of Basel III in Chile. The banking regulator has enacted new rules that provide a clear regulatory framework on how two of the key legal innovations that were introduced by the Chilean General Banking Act, as amended in 2019 and based on the recommendations of Basel III (ie, systemically important banks and the new capital requirements), will be put into practice.

Regulating the rapid switch to online working during a pandemic: an overview for the Philippines

Regulating the rapid switch to online working during a pandemic: an overview for the Philippines.

Construction Law International – June 2024 – Country Updates: India

Corruption in Quebec’s construction industry: cleaning the Augean stable

Sharon Vogel and Emira Bouhafna provide a brief overview of Canada’s legislative regime in respect of bribery and corruption, summarise some of the key findings of the Charbonneau Commission and analyse the legislation introduced to date to implement the Charbonneau Commission’s recommendations.

New York State modernises its surrogacy laws

New York State’s anti-surrogacy statute passed in 1992 was, until recently, one of the most restrictive surrogacy laws in the United States. This article discusses the changes to the law.

An arbitration seated in India – what can you expect?

While the arbitration regime in India is consistently developing, inevitably, it has become a tedious task for parties situated in jurisdictions outside of India to stay abreast of on-ground developments (judicial and statutory). To aid stakeholders associated with an India-seated arbitration, we aim to chart through the course of an arbitration seated in India which could be initiated by/ against a foreign entity.