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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 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.

Ground conditions and design liability

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.

The arbitration and insolvency collision: the Indian Perspective

By Alipak Bannerjee and Payel Chatterjee. The interplay of arbitration and insolvency has assumed greater significance in recent times with the evolution of new insolvency regime in India. With limited statutory guidance available on this subject, many arbitral proceedings have been stalled due to the onset of insolvency proceedings. While some jurisdictions have settled the position of law in this regard, India is relatively a new entrant to the list.

Legal framework for maritime law in Nigeria

The sea is a crucial medium through which human trade and commerce is conducted; it is also a means of voyage, a valuable source for mineral extraction and power generation and an essential source of the blue economy. It is of vital importance for Nigeria, as a coastal state located strategically on the west coast of Africa in the Gulf of Guinea, to have an effective maritime legal regime for the regulation and protection of sea activities.

Current trends in ESG litigation in Poland

In Poland, legal rules specifically designed for the initiation and conduct of litigation related to sustainability factors, as we know them today, have not yet been introduced into legislation. However, these factors are to a certain extent protected by the provisions of other branches of law (on which EU law has a great influence, as Poland is bound to EU law).

VAT on digital services: lessons from Mexico

In June 2020, the obligation to collect and pay value added tax on digital services provided by foreign digital platforms to users in Mexico entered into force. However, such obligation was imposed without facilities for such digital platforms, which has led to a disproportionate compliance cost for these businesses and a lack of compliance.

A Ghanaian case study on commercial paper: a blessing or a curse?

Commercial paper is a short-term debt instrument issued by companies. It’s typically used to raise funds quickly for various purposes, such as financing working capital needs, funding short-term projects or covering temporary cash flow shortages to finance short-term liabilities, such as augmenting working capital, fulfilling temporary cash flow gaps and addressing immediate financial obligations. Investors seeking a safe and short-term investment option often find commercial paper attractive due to its relatively low risk and competitive returns compared to other short-term investments.

Arbitration in government contracts in Brazil

Arbitration is regulated in Brazil by means of Federal Law No 9,307, which in its original version did not expressly state the possibility of the Public Administration to elect this mechanism of dispute resolution in its contracts. This omission generated intense doctrinal and jurisprudential debates on the legality of the insertion of arbitration clauses in those contracts.

Foreign direct investment: the legal framework in Poland

The new foreign direct investment regime, introduced in Poland in 2020, established a foreign investment screening mechanism enforced by the Polish Competition Authority (PCA). The new foreign direct investment regime, which supplements the investment control regime regulated by the Polish Act on the Control of Certain Investments dated 24 July 2015 (‘the Polish FDI Act’) and enforced by the relevant ministries, involves a limited number of strategic entities and is applicable regardless of the investor’s ‘nationality’. The new regime was introduced in response to the Covid-19 outbreak, for an initial period of two years. However, in mid-2022 the Polish parliament decided to extend this new regime for a further three years, ie, until July 2025.

IBA European Regional Forum annual retreat

Over the course of 16–18 May this year, the IBA European Regional Forum Officers, Council Members and Advisory Board Members held their annual retreat in sunny Santorini under the hospitality of gracious host and colleague Panagiotis Drakopoulos and Drakopoulos law firm who ensured that the event, dubbed ‘THE BIG RETREAT’, went off without a hitch.

Valuing the ‘new oil’: the intersection of international data valuation practice and regulatory regimes

The financial valuation of data – an intangible asset – is an emerging area of increasing strategic significance. While many factors influence data value, this article explores the lesser known interplay between data regulation and data valuation, while also considering key requirements of the International Valuation Standards (IVS) and key value drivers of data. Such considerations may be pertinent for practitioners in transactional, insolvency, regulatory and disputes contexts.

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.

Psychological health, safety and wellbeing: reshaping the working environment of the European law firm – IBA Annual Conference Paris, 30 October 2023

The European Regional Forum (ERF), in particular its Professional Wellbeing Working Party (PWWP), organised a session on lawyers' wellbeing and ways in which we can make our law firms become better working environments. This session was additionally organised with the support of the IBA’s Presidential Task Force on Mental Health and wellbeing and the Professional Ethics Committee; it took place at the IBA 2023 Annual Conference in Paris.

Digital assets: how to decipher a cryptic phenomenon?

The panel on digital assets at the 37th International Financial Law Conference in Venice was co-chaired by Dirk Bliesener, Vice-Chair of the IBA Banking Law Committee and partner at Hengeler Mueller in Frankfurt, and Benjamin Leisinger, member of the IBA Securities Law Committee and partner at Homburger in Zurich. It began by examining some of the fundamentals of crypto markets and the different asset standards.

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.

Session report one: IBA Annual Conference in Mexico City

A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.

Transforming a Black Swan into a Phoenix: the British Virgin Islands’ Solution to Standalone Injunctive Relief

The freezing order, or Mareva injunction, is a powerful tool to combat fraud and dishonest conduct. Since its creation in 1975, the ownership of assets and wealth structuring has become increasingly complex. Rarely will the assets, the underlying cause of action, and the location of relevant individuals all be in the same jurisdiction. The complexities are usually magnified where fraud is involved. The courts must be equipped to respond effectively and swiftly to these scenarios. To its credit, the common law world has demonstrated a keen appetite to develop the jurisdiction of freezing orders to meet the increasing complexities of commerce, and in particular to combat the sophistication of international fraud and money laundering. It has been and continues to be fine-tuned to the demands of the day, whether through common law development or the adoption of statutory remedies. This article considers how the freezing order jurisdiction has evolved since 1975, significant developments in its evolution for both onshore and offshore jurisdictions, and hazards a look into the crystal ball of its future.

IBA 5th European Automotive and Mobility Services Conference, Munich – a family meeting of the IBA’s automotive community

The 5th European Automotive and Mobility Services Conference, held on 26–27 March 2025, at Upside East in Munich, Germany, brought together industry leaders, experts and stakeholders to address the pressing challenges and opportunities within the automotive and mobility services sector. The conference provided a platform for in-depth discussions on supply chain issues, the transition to electric vehicles, the role of artificial intelligence and the evolving regulatory frameworks impacting the automotive industry.

Seventh Annual IBA European Start-up Conference, Stockholm: report on panel session: ‘To list, to sell or to flip to the US: succesful exit methods in Europe’

A report on the panel session ‘To list, to sell or to flip to the US: sucessful exist methods in Europe’. Participants discussed recent challenges in the initial public offerings market, the ‘dual-track’ strategy and the role of legal advisors among other interesting points.

IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City

The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).

Creating and implementing a diversity and inclusion strategy for the law firm – IBA Annual Conference Paris, 31 October 2023

In this session, Antonia Verna and Pavla Prikrylova presented the European Regional Forum Diversity & Inclusion Working Party with the Diversity and Inclusion Toolkit for Lawyers. The Toolkit was developed by the International Bar Association (IBA) to provide law firms with an action plan to embed the core principles of diversity and inclusion into their organisations.

The European automotive and mobility service industry: transformation and revolution – IBA Annual Conference Paris, 2 November 2023

On the afternoon of Thursday 2 November 2023, at the IBA Annual Conference in Paris, the European Regional Forum lead the organisation of the automotive session titled ‘The European automotive and mobility service industry: transformation and revolution’. Contrary to its title the panellists came from different areas of the world, including Europe, India, Mexico and South Korea. During the session, panellists discussed issues relating to data privacy, developments concerning autonomous vehicles, the future of electric vehicles and more.

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!

Electrifying discussions: a recap of the 4th European Automotive and Mobility Services Conference

Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.

Lookback at Boston: IBA Transnational Crime Conference 2023

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