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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.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

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.

Who Is A Friend? The Hong Kong Court of Final Appeal Delivers a Landmark Ruling

The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.

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.

Procedural changes to China merger control regime: ready to see both sides of the coin?

This article provides a brief introduction on the procedural changes before seeking to provide a dialectical and nuanced perspective on the potential influence these changes will bring to multiple stakeholders of China merger control regime. This includes the notifying parties, the antitrust authorities (the State Administration for Market Regulation or SAMR), and others.

Fixing sales prices in franchising: an update from China

In Europe, although the block exemption for vertical agreements may enable franchisors to protect their legitimate interests, fixing resale prices is usually considered as a ‘no go’ zone. A recent case in China demonstrates a similar administrative approach towards the issue in the context of franchising.

Alert mechanism for compliance risks for concentrations of undertakings – implementation and fine-tuning

In June 2022, China’s antitrust authority – the State Administration for Market Regulation (SAMR) – started a pilot project establishing the alert mechanism for compliance risks for concentrations of undertakings. Relying on the corporate registration system, this mechanism aims to remind companies to assess whether a filing obligation is triggered under merger control rules. As such, it reduces the risk of failure to file reportable transactions and promotes fair market competition. After over a year of trial runs, the mechanism was fully set up and launched online. In February 2024, SAMR issued a notice to expand on the scenarios for the alerts, increase the accuracy of the alerts, and enhance related advocacy.

Egypt’s IMF programme draws ire of the poor and hungry

IBA Global Insight June/July 2017 - A radical economic change programme inspired by the International Monetary Fund in Egypt – North Africa and the Middle East’s most populated nation – is showing early signs of backfiring.

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.

IBA Arbitration Committee – Newsletter Editorial Board

IBA Arbitration Committee – Newsletter Editorial Board members list

From the Editors - Arbitration Committee bulletin September 2024

this edition contains ten articles from co-chairs of past IBA Arbitration Days and offers their reflections on the evolution of international arbitration through the lens of the events that they chaired. The articles traverse the dynamism of our field and the continued relevance of the discussions that have taken place during IBA Arbitration Days. We have also included a link to a short video featuring twelve of the former chairs and co-chairs that was shared with the arbitral community at the 25th Annual IBA Arbitration Day in Singapore.

Arbitration - Country Guides

The Arbitration Committee has prepared a guide to the law and practice of arbitration in more than 50 countries around the world. The material is intended as a high-level practical overview for practitioners and others seeking an introduction to arbitration in particular jurisdictions.Each chapter indicates its authors, who may be contacted with questions or suggestions, and its date of publication.

From the Editors - Arbitration Committee bulletin February 2024

This edition of the Arbitration Committee’s newsletter brings a variety of articles on procedural aspects of the law and practice of arbitration by featuring outstanding contributions from authors across five continents. Considering their growing importance, we considered that the procedural aspects of arbitration were deserving of a dedicated issue.

Morsi’s death highlights inhumanity of Egypt’s prisons

IBA Global Insight Aug/Sept 2019: Former Egyptian President Mohamed Morsi’s death has raised serious questions about his treatment and the neglect of thousands of political prisoners.

Demolishing Egypt

Controversial autocratic President Abdel Fattah al-Sisi came to power in 2013 after a military coup. Global Insight reports on his latest policy – involving lucrative redevelopment contracts with developers from Kuwait, Saudi Arabia and the UAE – which is having devastating human consequences.

After the Arab Spring

Egypt received a $12bn IMF bailout following the overthrow of Hosni Mubarak’s regime and macroeconomic indicators are positive. Nevertheless, one of the region’s most influential countries, with a population of 100 million, remains shackled by poverty, debt and public resentment.

IBA ERF announces changes to officer positions for 2025

The IBA European Regional Forum (ERF) is pleased to announce changes to its officer positions for 2025. These changes reflect the organisation's commitment to diversity, inclusion and the evolving needs of its members.

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.

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.

European Fashion and Luxury Law Conference summary

The European Fashion and Luxury Law Conference, meticulously organised by the European Regional Forum (ERF) of the International Bar Association (IBA) in Milan on 23 April 2024, was a resounding success. The event, which was fully booked, showcased a remarkable assembly of speakers, each highly esteemed within the industry. These speakers brought with them a wealth of knowledge and expertise, which they shared across a series of discussions and presentations.

IBA European Fashion and Luxury Law Conference 2025: London edition sets the stage for industry innovation

The International Bar Association’s (IBA) European Regional Forum brought the global fashion and luxury law community together in London for the 2025 edition of its highly anticipated European Fashion and Luxury Law Conference. Held on 15–16 May at the iconic OXO2 venue, the event drew over 100 attendees, including leading legal professionals, in-house counsel and industry experts, all eager to explore the latest legal and commercial trends shaping the fashion and luxury sectors. This article provides an overview of the conference.

Lookback at Boston: IBA Transnational Crime Conference 2023

A report of the 25th Transnational Crime Conference, held 3–5 May 2023 in Boston, Massachusetts.

IBA hosts largest transnational crime conference to date

The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!