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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 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.

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.

Itaewon, Sewol and the promise of ‘never again’: compliance, speaking up and complex remediation in the realm of public safety*

In the anti-corruption compliance field, when we conduct internal investigations and subsequent root cause analyses, we seek to identify each critical point of failure that led to the undesired or improper conduct. This article considers the Itaewon disaster and subsequent responses from this perspective.

Mary Robinson - interview on climate justice 2018

Filmed interview. Mary Robinson is the former President of Ireland and a former United Nations High Commissioner for Human Rights. She has become a global advocate for climate justice, having served twice as the UN’s Special Envoy on Climate Change and is founder of the Mary Robinson Foundation – Climate Justice. She speaks to the IBA about the challenges after the 2015 Paris Agreement, the role of business and states in reducing their carbon emissions and about the unmistakeable role of women

Message from Kimitoshi Yabuki, BIC Chair, March 2021

The IBA Mid-Year Meeting will be taking place virtually this year across the month of May. In order to note important dates in your calendars, please see the following meetings that we would like to highlight as being of interest to bar representatives.

Webcast interview with Mark Malloch Brown - film

Webcast interview with Mark Malloch Brown, former UN Deputy Secretary-General, 20 November 2012 - film

Lawyers on the front line - the refugee crisis in Greece

Over the last few years, a refugee crisis has seen a large number of refugees arrive in Europe from various countries in the Middle East, North Africa and elsewhere, seeking a better life. Many have reached the Greek islands including Lesvos and both here and on the mainland, find themselves relying on an infrastructure that is struggling to cope.

Ex-IBA President Fernando Pelaez-Pier interviews Ivan Velasquez, Colombia - film

Ex-IBA President Fernando Pelaez-Pier interviews Ivan Velasquez, auxiliary judge of the criminal chamber of the Supreme Court, Colombia. The interview focuses on Mr Velasquez' investigations into links between terrorist groups and members of Congress.

Webcast interview with Cyril Shroff, Managing Partner, AMSS, Mumbai - film

The IBA hosted a live webcast and Q&A with Cyril Shroff, Managing Partner at one of India’s leading law firms, Amarchand & Mangaldas & Suresh A Shroff & Co (AMSS) in Mumbai, in April 2013. Over his 30-year career he has seen the development of much of India’s corporate law and the growth of India into an Asian superpower. Shroff shared insight on such issues as the Indian economy and liberalisation of the Indian legal profession.

Colombia’s Council of State sets aside an international arbitral award

On 27 February 2020, the Colombian Council of State set aside an international arbitral award under Law 1563 of 2012 (the ‘Arbitration Statute’) for the first time, citing departure from the procedure agreed by the parties.

Joseph Stiglitz Interview

Interview with Joseph Stiglitz, IBA Annual Conference 2012 keynote speaker on financial crisis, role of state, political reform, GDP and many other issues.

Bill Browder interview

May 2018. Filmed interview with Bill Browder, the co-founder and Chief Executive Officer of Hermitage Capital Management, which at one point was one of the largest investment advisers in Russia. He discusses Russian corruption, sanctions, election interference and seeking justice for Sergei Magnitsky, a Russian lawyer who exposed a large-scale tax fraud and died in pre-trial custody in November 2009.

Funke Abimbola, General Counsel at Roche UK - webcast and Q&A

This webcast and audience Q&A with Funke Abimbola, General Counsel of Roche UK, explored the corporate compliance challenges facing the leading biotech company and the evolving role of in-house lawyers. The interview examined the legal aspects of supporting Roche’s pharmaceutical R&D and healthcare strategies, addressing issues such as company operations, risk management, and diversity in the profession. The interview was conducted by the BBC's Sally Bundock.

Contractors’ claims for expropriation of contractual rights on the basis of international investment treaties

Interview: Sir Nicolas Bratza, former President, European Court of Human Rights - film

As President of the European Court of Human Rights - which oversees justice for more than 800 million people - Sir Nicolas Bratza grappled with a backlog of 138,000 cases, growing anti-ECHR sentiment in the UK and elsewhere, and stagnating funding streams. What hopes for the future?

Interview with Gabriela Knaul, UN Special Rapporteur on the Independence of Judges and Lawyers - film

Gabriela Knaul, UN Special Rapporteur on the Independence of Judges and Lawyers, discusses her mandate; priorities including gender; China, Syria and MENA, and Zimbabwe among other subjects - film

Discontinuation of LIBOR: Have the Replacement Rates Passed the Covid Test?

The London Inter-Bank Offered Rate (LIBOR) and Covid are among the most widely used five-letter acronyms in 2020. LIBOR has been around since the 1970s, but is doomed to disappear; Covid took the world by surprise at the end of 2019 and wreaked global havoc on the financial markets during the first half of 2020. The present article describes the dynamic of LIBOR in regard to its future replacement rates [...]

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.