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Profile – Vroukje van Oosten Slingeland, General Counsel, ING

Vroukje van Oosten Slingeland has worked for global financial institution ING, based in the Netherlands, for almost 15 years. She tells In-house Perspective about legal innovation at ING; reacting to the Covid-19 pandemic and remote working; and what her vision of the lawyer of the future looks like.

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.

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.

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-ICC Annual Pre-ICN Forum 2023: The Antitrust Trifecta – enforcers, the courts and the private sector

A conference report of the IBA-ICC Annual Pre-ICN Forum 2023, held on 17 October 2023 in Torre Glories, Barcelona.

Working hard or hardly working? Antitrust labour markets: an update from the United States

In this article, the authors trace the history, evolution and latest developments of the antitrust laws’ application to labour markets in the United States. Then, they describe common types of claims in labour markets cases, before analysing recent criminal and civil wage-fixing, no poach, and merger challenges. The authors conclude by providing actions companies should consider taking, as they seek to avoid finding themselves as a defendant in an antitrust–labour markets case.

Anti-money laundering: banking scandals prompt rethink of EU regime

The European Commission has stepped up its efforts to crack down on money laundering across Europe, following a number of banking scandals that have undermined the stability and reputation of the bloc’s financial sector.

America’s ‘attempted coup’

A Congressional House Select Committee is investigating the attack on the US Capitol last January. Global Insight assesses what these hearings mean for the legacy of former President Donald Trump – and for the future of US democracy.

What is finance for?

The need to rebuild and renew economies after the devastating effects of the Covid-19 pandemic ought to accelerate the finance sector’s attempts to rediscover a sense of purpose.

New York State modernises its surrogacy laws

New York State’s anti-surrogacy statute passed in 1992 was, until recently, one of the most restrictive surrogacy laws in the United States. This article discusses the changes to the law.

The 2024 IBA Guidelines on Conflicts of Interest in International Arbitration

The IBA Guidelines on Conflicts of Interest in International Arbitration of 2024 update – without overhauling – the 2014 version by fine-tuning drafting, clarifying ambiguities, incorporating established arbitral practice, and reinforcing various fundamental principles. The 2024 Guidelines were the result of work by a taskforce composed of over 60 individuals involved in the field of international arbitration with diverse backgrounds. Their work was informed by comments received from the international arbitration community during a consultation phase. The 2024 Guidelines include eight key updates that: (1) clarify their scope of application; (2) clarify that Part I of the 2024 Guidelines (General Standards) prevails over Part II (Application Lists); (3) clarify the role of the subjective versus objective standards in evaluating conflicts of interest and disclosure; (4) reinforce the arbitrator’s disclosure obligations; (5) broaden and clarify the definition of ‘relationships’ for the purposes of evaluating conflicts of interest and disclosures; (6) reiterate the arbitrator’s duty to investigate; (7) reiterate the parties’ duty to investigate and inform; and (8) update the ‘traffic light system’ of Red, Orange and Green Lists to reflect current international arbitral practice.

Reconciling the role of tribunal secretaries in international arbitration

Seeking to facilitate the conduct of arbitral proceedings, tribunals have increasingly resorted to the assistance of ‘tribunal’ or ‘administrative’ secretaries (“Secretaries”). Although reliance on Secretary support is not novel, their engagement in arbitrations has sparked considerable debate over the potential for misuse.

China's future in a post-Covid world

As an emerging economic superpower, China has, over the past 20 years, become increasingly outward looking and ever more assertive. As the Covid-19 pandemic exacerbates existing concerns over human rights, security and foreign policy, Global Insight assesses what the future holds for China and its place in the world.

The future of global mobility in a post-Covid-19 world

A webinar presented by the IBA Immigration and Nationality Law Committee. 10 September 2020, 1700 – 1800 BST

North Korea: IBA report calls for investigation of Supreme Leader Kim Jong-un and other high-level officials for crimes against humanity

A new report from the International Bar Association’s (IBA) War Crimes Committee and the Committee for Human Rights in North Korea (HRNK) has found there is reasonable basis to conclude that Supreme Leader of North Korea, Kim Jong-un, and other North Korean officials, should be investigated for crimes against humanity committed in the country’s detention centres. ​​​​​​​

Report on the 25th Annual Competition Conference

Report on the 25th Annual Competition Conference

Canadian immigration lawyers’ new business line: the quarantine plan

Covid-19 has had a dramatic impact on immigration processing in Canada in general but it has also given rise to a new practice area: the quarantine plan. Family members, workers, students and virtually all entrants to Canada need to demonstrate that they have both the awareness and capability to self-isolate for 14 days in accordance with Canada’s Quarantine Act.

Employees...in a dangerous time: Covid-19 measures for Canadian employers

Canada is still welcoming temporary foreign workers (TFWs) notwithstanding Covid-19 travel restrictions. Employers have responsibility to ensure that TFWs comply with all Covid-19 related measures.

Sexual violence in conflict: Trump administration’s stance on UN Resolution attracts widespread criticism

On 23 April 2019 the UN Security Council adopted a Resolution calling for the ‘complete cessation with immediate effect by all parties to armed conflict of all acts of sexual violence’. However, language on reproductive health services and specific LGBTIQ+ protections included in Germany’s original draft was removed after a United States veto threat – a move that was widely criticised and described by the French Ambassador to the UN, Francois Delattre, as ‘intolerable and incomprehensible’.

Business and human rights: German companies push for mandatory due diligence law

Germany is the latest European country to push for greater corporate accountability for human rights and environmental violations. At the end of 2019, 42 German businesses issued a joint statement calling on the country’s government to introduce mandatory human rights and environmental due diligence to ensure that ‘no company is allowed to escape its responsibility without consequences or to make profits at the expense of people and nature.’

Climate crisis: ITLOS Advisory Opinion ‘effectively’ creates new international legal obligations on signatories

The International Tribunal for the Law of the Sea, in an opinion published in May, has declared that states must take ‘all necessary measures’ to reduce greenhouse gas emissions

Myanmar: ICC examination prompts polarised response

The Chief Prosecutor of the International Criminal Court, Fatou Bensouda, has opened a preliminary examination of Myanmar’s forced displacement of Rohingya Muslims after the Court announced there is sufficient jurisdiction.

US travel ban: Supreme Court drops cases amid new challenges

The United States Supreme Court has dismissed two of the major legal challenges to President Donald Trump’s controversial travel ban.

Taiwan: island votes for pro-sovereignty leader unpopular with Beijing

In January, Taiwan went to the polls to elect a new president. With the world watching closely and amid threats from China – which seeks reunification with Taiwan – the island’s voters elected pro-sovereignty candidate Lai as the next president.

UK government ministers condemned for anti-lawyer rhetoric

UK government ministers face increasing condemnation for verbal attacks on the legal profession in the aftermath of an alleged terrorism incident at a London firm.

Taiwan’s resolve strengthened by Hong Kong’s new security law

In late June the Standing Committee of China’s National People’s Congress imposed a new national security law in Hong Kong, to penalise among other things acts of secession, subverting state power, and organising and carrying out ‘terrorist’ activities. The new law has given rise to widespread concern.

India: companies, know thy rights – the right to rebut proxy advisors and the right to redress

The article analyses the recent SEBI Circulars which have provided a one of its kind regulatory framework for proxy advisors and discusses the rights of listed companies arising from the Circulars.

Hong Kong: extradition bill ‘dead’ but not withdrawn despite outcry

Carrie Lam, Hong Kong’s Chief Executive, suspended the controversial extradition bill which many feared would give Beijing undue influence over the city’s judiciary on 15 June and has since described it as ‘dead’. However, the bill has not been withdrawn and tensions remain high - demonstrators stormed Hong Kong’s Legislative Council building at the beginning of July in protest