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A conversation with... John B Bellinger III

IBA 2020 Virtually Together - A conversation with...John B Bellinger III

Article 13(b) of the 1980 Hague Convention and Covid-19

It is not uncommon for the Article 13(1)(b) exception, namely the ‘grave risk’ exception, to be used as a defence to object to the return of a child in 1980 Hague proceedings. While highly fact-specific, most common assertions relate to grave risk resulting from domestic violence or regional conflict.

SEC proposal paves the way for contemporaneous 506(b)/506(c) fundraising strategies

The US Securities and Exchange Commission announced on 4 March 2020 that it has voted to propose a set of amendments that would clarify and harmonise integration concepts for several forms of exempt offerings. One amendment proposes to shorten the safe harbor in Regulation D to 30 days, which will provide more flexibility for small business and real estate securities offerings. This article summarises the integration of sequential Rule 506(b) and Rule 506(c) offerings.

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.

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.

International Human Rights Law and International Investment Law: Perspectives on International Legal Coherence

International human rights law (IHRL) and international investment law (IIL) are two influential subsets of public international law reflecting distinct purposes and historical evolutions. Nonetheless, the two subsets interact in the context of the investor–state dispute settlement system (ISDS), due to the rise in human rights claims under international investment agreements. This article appraises this interaction from the perspective of IHRL in light of the fragmentation of public international law. It argues for the need to recognise and assess concurrent international legal obligations systematically and coherently, suggesting that the principle of systemic integration could support the consideration of human rights treaty obligations in ISDS and promote legal accountability. Foreign direct investment and human rights are linked in complex and non-linear ways. Furthermore, a predictable, coherent and transparent legal approach is necessary to ensure that IIL respects substantive and procedural human rights. This may also bolster the legitimacy of ISDS by redressing perceived power imbalances. It may attenuate the potential negative externalities of granting broad, asymmetrical rights to investors without any concomitant obligations under investment treaties. This article concludes that to prevent accountability gaps, tribunals must recognise: (1) a home–host state continuum of human rights legal accountability; (2) home state obligations to protect against third party violations by its investors abroad; and (3) host state obligations to respect, protect and fulfil human rights.

Overview of Nigeria’s dynamic cryptocurrency regulatory landscape

Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban of cryptocurrency usage or trading, the regulatory regime remains in flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating risks like, foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.

The IBA ERF’s ‘Big Retreat’ 2025 from an officer’s perspective

This year brought a slight change in how we approached our Big Retreat. The Officers’ Retreat and the Council Members’ Retreat were joined into a single event which took place in Budapest at the start of March 2025. Our Senior Vice Chair, Viktória Szilágyi from Lakatos Köves and Partners, carried out the work as this year’s gracious host and needed to accommodate such a large crowd with a full schedule. She certainly lived up to it!

The case for an international anti-corruption court

Grand corruption – the abuse of public office for private gain by a nation’s leaders (kleptocrats) – is a major barrier to meeting the UN Sustainable Development Goals, responding effectively to pandemics, fighting climate change, creating a level playing field for ethical international businesses, promoting democracy and human rights, establishing international peace and security, and securing a more just, rules-based global order.

Five considerations if your client faces extradition

Five considerations if your client faces extradition- Criminal Law/Business Crime Committees newsletter article, July 2020

Challenges and Opportunities in Addressing Investors’ Environmental Contractual Obligations Through State Counterclaims in Investor-State Dispute Settlement

Using the practice of law to facilitate change and to accelerate a just transition

A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.

International humanitarian law and the protection of cultural property – an overview

The protection of cultural property is crucial to the preservation of civilisations’ historical experiences. An articulation of this ethos in conjunction with the development of principles, such as military necessity, assist in understanding how and why the rules governing the protection of cultural property in times of armed conflict may be regarded as part of international humanitarian law.

Has China met the expectations that were set during the 2016 IBA Arbitration Day?

Nearly a decade has passed since the IBA Arbitration Day in Shanghai in March 2016, the first and to date only IBA Arbitration Day held in the People’s Republic of China. Multiple speakers expressed the view during the conference that, as a jurisdiction that is rapidly globalizing with an international outlook, China’s place in the international arbitration community was established and would only expand in importance. Justice Shen Hongyu of the People’s Supreme Court gave an address describing China as an enforcement-friendly jurisdiction. Not long after the 2016 IBA Arbitration Day, one commentator addressed how China might soon become an ‘international arbitration superpower’. Today, in 2024, we reflect on whether these expectations have been met. The answer is: more ‘no’ than ‘yes’.

Updated: An overview of Nigeria’s dynamic cryptocurrency regulatory landscape

Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban on cryptocurrency usage or trading, the regulatory regime remains in a state of flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating the risks, such as foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.

Are employee acquisitions a gap in European merger control?

Microsoft’s retention of the employees of Inflection AI has surfaced a debate on whether employee acquisitions represent an enforcement gap in European merger control laws. Leaving aside whether there exists robust data that could confirm the magnitude of any gap, do the jurisdictional rules of the EU Merger Regulation and the Enterprise Act permit the review of employee acquisitions (or ‘acquihires’)? This article shows that those laws could be invoked in exceptional situations, notably where the ‘acquihire’ has structural components and eliminates competition from the prior employer.

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.