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Russia’s invasion of Ukraine: Finland and Sweden bid to join NATO

The war in Ukraine has heightened security concerns in Europe and prompted Finland and Sweden’s request to join NATO. The unprecedented move has been heralded as an historic policy shift to deter Russian aggression in the region.

Chile’s Public Bid Process for 5G Services and its Key Characteristics

It is an undeniable truth that connectivity is becoming an everyday essential asset to humankind. In such a way, the deployment of 5G services has been chosen by governments and international entities as one of their main objectives, understanding that a swift improvement to their networks would make a huge difference in the tech race, along with allowing the community the benefits of countless new digital tools, products, and services. This article briefly shows how the 5G public bidding process was came about and developed in Chile and describes some of its key characteristics.

Indian Competition Law: a Comprehensive Analysis of MSMEs and Bid Rigging

The Punjab Haryana and Delhi Chamber of Commerce and Industry, India (PHDCCI) held an illuminating webinar on ‘Competition Law – Recent Developments and Impacts’, on 3 March 2021, covering areas of competition law in India, new trends emerging and their effect on the market. The practices with respect to competition law among micro, small and medium enterprises (MSMEs) are not currently well understood and need to be looked at more closely to improve understanding and engender a better competitive climate in the Indian market.

How to bid successfully: Business Development and Marketing Subcommittee guide, July 2021

Bids, tenders and pitching for work is part of life for every law firm. However, firms that don’t have a clear bids strategy and process, aligned to the firm’s growth plans can spend a lot of time and money with little return. This guide shares some top tips to help improve your bid and pitch win rate.

Germany bids to catch China and US in trillion dollar space race

Thomas Jarzombek, the Federal Government Coordinator of German Aerospace Policy, announced in April 2019 that he is drafting laws to help position Germany as a major European centre for investment in space exploration and technology. Germany hopes to better compete in a market that some investment banks have predicted will be worth $1tn or more a year by the 2040s.

Algeria Bid Round 2024: a strategic shift under the new Algerian hydrocarbon law

On 14 October 2024, Algeria launched its first upstream licensing round in a decade – Algeria Bid Round 2024 – under the new Hydrocarbon Law No. 19–13, marking a significant milestone in the country’s upstream oil and gas sector. This article examines the core features of the new legal and regulatory framework introduced by Law No. 19-13, including the new contractual models and fiscal incentives, and provides an overview of the bid round process launched by ALNAFT. It highlights key legal, procedural and commercial aspects relevant to international investors considering participation in Algeria’s renewed upstream sector.

Technology and antitrust: US government bids to block AT&T and Time Warner’s $80bn merger

The United States government is pressing ahead with its bid to block a major telecoms and entertainment industry merger, in an ongoing antitrust battle that underlines the challenges facing companies and regulators in the digital marketplace

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

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.

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.

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 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.

Construction Law International - June 2021 - Country Updates: Panama

Spectrum management issues towards the deployment of 5G in Chile

By Alfonso Silva and Matías Osses. Spectrum management issues towards the deployment of 5G in Chile.

The Non-Frustration Rule after Brexit

The United Kingdom exited the European Union on 31 January 2020. By virtue of this, the EU Takeover Directive ceased to apply in the UK, and thus there was a need to amend the existing regulatory framework on takeovers for it to operate after the UK’s exit from the EU. As a result, the Code Committee of the Takeover Panel published a Public Consultation Paper proposing amendments to the Takeover Code. A Response Statement was also published by the Code Committee with final proposed amendments. [...]

The French board neutrality rule

Recent events have shed a new light – along with a series of unexpected discussions – on the compatibility of French takeover rules with European legislation.

Brazil’s new procurement law and its possible impacts on government procured construction contracts

Airports: investment opportunities in Brazil for aviation sector recovery

This article presents the business opportunities in the Brazilian airport sector planned for the years ahead. The sixth and seventh rounds of federal airport auctions, scheduled to be held until the end of 2021, can be highlighted as the main ones. To understand the modelling of both projects, we also present a brief historical background of the sector, the agents involved in the privatisation processes, the importance of the investment partnership program, accompanied by the main economic and regulatory c

The key steps to successful project establishment

This article was prepared by the Project Establishment Subcommittee to summarise the key operational, legal and financial issues to consider and steps to take when launching a major infrastructure or construction project. The intention is that this article serves as a ‘thought starter’ or the basis for a project specific check-list, adaptable to all markets. It should not be considered in any way as a comprehensive guide

Considerations regarding the potential refarming process for the 3.5 GHz band in Chile

This article argues that a potential refarming of frequency bands in the 3.4-3.6 GHz range in Chile should only be carried out following an in-depth analysis by the state’s telecom regulator, as it might involve a series of exceptional measures that could affect the telecom market structure and the rights and obligations of telecom concessionaires.

Themes in design/build disputes, from a technical expert witness perspective

Design-build infrastructure projects are increasingly the subject of large, complex disputes. These disputes often centre on the evolving nature of the designs as projects progress from tender through to for-construction drawings. The three main stakeholders – owner, contractor, and design subcontractor (designer) – frequently disagree on the allocation of responsibility for incorporating changes and the associated cost overruns. This article discusses the types of disputes that arise between contractor and designer from the technical expert witness perspective and suggests ways in which disputes can be avoided. The article is divided into two fundamental types of disputes: (1) tender-phase disputes, where the contractor claims that errors or omissions in the designer’s tender phase design have led to an unachievably low bid price; and (2) detailed design-phase disputes, where the designer and contractor disagree on whether design changes after tender are normal and expected design development or should have been anticipated at time of tender. This article does not address disputes over delay and quantum, which we recognise are an important part of any design/build dispute and require careful coordination with technical experts.

Legal aspects of Building Information Modelling (BIM) in the Netherlands: procurement of a work with a BIM component – Part 2

Dr Evelien Bruggeman provides the second instalment of her article on BIM in the Netherlands, addressing the possible use of selection criteria for the BIM component, the award criteria for BIM and in particular the use of a BIM Execution Plan.

Recent decisions of Chile’s Supreme Court: can contractors expect a more balanced approach?

Competition: EU Commission focuses on China with first investigations under Foreign Subsidies Regulation

In April, the European Commission (the ‘Commission’) launched its first investigations under the EU Foreign Subsidies Regulation (the ‘Regulation’), in force since summer 2023.

UK government's plans for freeports meet mixed reception

In the United Kingdom’s post-Brexit economic landscape, the creation of new freeports is a major feature, albeit one that’s not without controversy. First mooted by the government in 2019, the bidding process for ten such facilities around the UK – offering customs and tax breaks which it’s hoped will attract business – began in November 2020.

Does an award enforcing a contract procured through bribery violate public policy? The Dutch perspective

On 22 October 2019, in the case of Bariven S A v Wells Ultimate Service LLC, The Hague Court of Appeal set aside an international arbitration award on the ground that enforcing a contract procured through corruption violates Dutch public policy. The judgement represents a noteworthy addition to the growing line of cases dealing with allegations of corruption in international commercial arbitration set-aside proceedings. This short article presents the background of the case

Construction Law International - June 2021 - DAAB Update: The World Bank expands the role of the Dispute Avoidance/Adjudication Board