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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

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 regulation of artificial intelligence – progress and challenges

Artificial intelligence (AI) is developing rapidly in China, with the number of patents and the size of the market both ranking highly among countries. However, this rapid development has posed new challenges to the legal framework, ethical norms and social governance, prompting China to continuously adjust and improve the relevant regulatory system.

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 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.

Differing site conditions: contrasting the English and US legal systems

Differing site conditions: contrasting the English and US legal systems

Unforeseen circumstances and contract rebalancing – August 2025

Recovery of additional time and money arising from Covid-19 by way of variation clauses: a contractor’s perspective

Concurrent delay: unliquidated damages by employer and disruption claim by contractor

Concurrent delay: unliquidated damages by employer and disruption claim by contractor

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 catalyst for change?

The construction industry has long been renowned for its contentious nature. In the UK, going back to the Constructing the Team report by Sir Michael Latham in July 1994, there were repeated references to adversarial attitudes within the construction industry. Sir John Egan in his Rethinking Construction report in 1998 referred to the ‘strongly ingrained adversarial culture’ within the construction industry.

How do the OECD and the UN address international tax issues (past, present and future)?

The panel discussed how the Organisation for Economic Cooperation and Development (OECD) and the UN address international taxation concerns, starting with a look at the approach adopted in the past up to the present day, recent developments concerning the OECD’s Global Minimum Corporate Tax Rate, followed by an analysis of the solutions provided by both the OECD and the UN to address the tax challenges arising from the digitalisation of the economy. The likelihood of cooperation between the two organisations was also discussed. The panel also presented the perspectives of India and the US on these issues.

Negative variations in common law

Unforeseen circumstances and contract rebalancing

The Use of Conflict Avoidance Boards in Green Projects: A Conflict Avoidance Blueprint for Global Environmental Sustainability

Recovering from lockdown: the pitfalls of acceleration

As the commercial world begins to emerge from lockdown, the attention of developers, owners, contractors and suppliers alike refocuses on capital projects that were put on hold. Some of those projects have drivers that require their pre-lockdown completion dates to be met, such as a set deadline (eg, major sporting events), a political driver (eg, installation of a gas supply by a certain date) or financial covenants.

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.

CLInt - Book Reviews - March 2020

CLInt - Book Reviews - March 2020.

Addressing inflationary pressure on construction contracts

A growing need for international enforcement of construction adjudication decisions

Recent English cases reaffirm certainty in contractual interpretation

Charting a new course towards sustainable construction

Time: winning delay claims

This paper is based on a presentation at an interactive session during the International Construction Projects Committee (ICP) Working Weekend in Athens in May 2019 during which the participants considered what should happen in different scenarios where a project falls into serious delay and parties disagree about whether or not an extension of time ought to be awarded. The presentation imitated life in that earlier activities (presentations and coffee breaks) had overrun

Direct claim one link up in contracting chain: lawmakers know best, right?

National laws in effect in many countries grant an entitlement for subcontractors that allow direct claims against employers in exceptional cases (normally applicable to any level of the supply chain). However the language of these laws is drawn up, usually unequivocal and decisive, their application in reality seems larger-than-life, if not idealistic. This article illustrates and considers a typical case, followed by a discussion of the rules and practices of the Middle East and South Korea [...]

Revisiting the enforceability of FIDIC’s notice requirement under Indian law: contractors cautioned

FIDIC around the world – September 2022

Back charges in construction practice

In the construction industry, uncertain economic climates, such as that caused by the Covid-19 pandemic, can cause constraints on cash flow and potentially negatively affect liquidity across global supply chains. As such, employers have sought to rely on their contractual rights to avoid or delay payment. As a result, contractors and subcontractors are being faced with a lack of cash flow; it has regularly been stated that ‘cash is the lifeblood of the construction industry’ resulting in problems [...]

The ground risk under contracts and geotechnical baseline reports

Eugenio Zoppis explains the legal and contractual principles of baselining the ground conditions in a contract.