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Job-retention programmes – and their aftermath

The Covid-19 pandemic has caused governments the world over to implement schemes to avoid mass unemployment during periods of economic shutdown. Margaret Taylor assesses the programmes in place across a number of jurisdictions and the consequences as these schemes wind down.

Non-discrimination rules in job advertising in Ukraine

This article describes the recent changes in employment laws in Ukraine regarding non-discrimination rules during recruitment, in particular in the field of job advertising. It also examines the relevant legislation’s alignment with Ukraine’s EU integration objectives and existing national legal frameworks.

Outcomes of the Jobs and Skills Summit 2022

On 1–2 September 2022, members of parliament, trade union figures and council officials, to name a few, came together to work constructively on the challenges and opportunities facing Australia’s labour market and economy. This is notably in the wake of the global economies recovery post-pandemic, where states and countries alike have turned to an imminent focus on the workforce to rebuild their economic shortfalls caused by the enormous effects of border closures and isolation orders on the workforce and key industries. This article explores a variety of outcomes, as a result of the consensus reached at the Summit.

Gender equity in the Brazilian job market and the importance of role models

Despite their higher frequency in tertiary education, women face great challenges in securing management positions. Numerous studies have reported how invisible barriers, such as unconscious bias, are responsible for perpetuating the workplace gender gap.

'My job is to give individuals the power' - An interview with Martyn Day

In this Global Insight interview, Martyn Day, co-founder of law firm Leigh Day, reflects on some of the most important cases he’s been involved in, including taking on the UK Ministry of Defence over allegations of British Army mistreatment of civilians and detainees – themes once again in the spotlight with news of SAS activity in Afghanistan.

New IBA report reveals significant numbers of young lawyers want to leave their current job

A new report from the International Bar Association (IBA) has revealed that of 3,000 young lawyers – defined as aged 40 and under – surveyed around the world, a significant number of them are either leaving or considering leaving their current job in the next five years.

Argentina’s mandatory quotas for women in corporate bodies and LGBTQ+ people in public sector jobs

Argentinian national and local authorities, and important civil society actors, take affirmative actions to level the playing field for particular groups that have had difficulties gaining entry to certain sectors of society.

Mexico’s new pay transparency era: from ‘equal pay for equal work’ to enforcement, data and job-posting transparency

Recent constitutional and Federal Labour Law (FLL) reforms in Mexico have reframed equal pay as a structural obligation to reduce the gender pay gap, moving beyond its traditional role as an individual anti-discrimination guarantee. This article examines the implications of this shift and the emerging pay-transparency proposals which may soon reshape employer compliance expectations.

Is AI finally going to take our jobs? Meeting client AI/technological demands while supporting junior lawyers' development

AI, particularly generative AI, has the power to reshape the legal industry by automating repetitive tasks; improving accuracy; and allowing lawyers to focus on higher-value, strategic work. The potential is immense: firms can reduce costs; increase efficiency; and deliver better value to clients – all while driving firm profitability. But what does this shift mean for the largest employment sector for lawyers – firms themselves? Law firms now face a dual challenge: adopting AI to meet client expectations while ensuring junior lawyers are trained and equipped to thrive in an AI-enhanced legal landscape.

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 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

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.

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.

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.

Annual Conference Report- A Discussion on Wellbeing- Litigation Committee newsletter article, April 2020

Annual Conference Report- A Discussion on Wellbeing- Litigation Committee newsletter article, April 2020

ChatGPT and the legal profession

Global Insight considers the implications as AI chatbots increasingly become part of the lawyer’s toolkit – and even enter the courtroom.

Regulation of the eco-marine system as a guide to sustainable development growth post Covid-19

Although 38 per cent of the world’s population live within a narrow fringe of coastal land, it occupies only 7.6 per cent of the Earth’s total land surface (UN Environment Programme 2006). These populations largely depend on coastal resources for their livelihoods.

Abuse of dominance in the digital sector: recent developments in Brazil

The article describes and assesses the abuse of dominance investigations carried out by the Brazilian competition authorities in the digital sector. With nine cases already decided and six ongoing probes as of July 2019, there is a clear concern about false positives and avoidance of severe intervention, and no precise guidance on how companies should behave. The research also reveals interesting findings such as the importance of third parties, areas of concern and the inexistence of convictions.

Converting leads into clients: ten tips for lawyers

In the competitive legal market, law firms invest substantial resources in marketing. However, many firms fail to prioritise the ultimate goal of these investments: converting leads into clients. A necessary key performance indicator (KPI) to measure marketing success is the number of leads generated, as leads represent potential business opportunities. However, while generating leads is crucial, success is ultimately determined by how effectively those leads turn into paying clients. Without conversion, marketing efforts become a sunk cost rather than a growth driver.

Judges & arbitrators as adjudicators & settlement facilitators, and Singapore Convention on Enforcement of Mediated Settlements

By Byung-Woo Im. Judges and arbitrators as adjudicators and settlement facilitators, and the Singapore Convention on Enforcement of Mediated Settlements

How evidence is best presented in international arbitration and the IBA rules on evidence

By Sungjean Seo. How evidence is best presented in international arbitration and the IBA rules on evidence

How to internationalise your business

For many law firms, international legal work is already part of their practice. Whether it is advising foreign investors, navigating cross-border transactions or handling disputes with an international element, legal teams often engage beyond their own jurisdictions. But true internationalisation is more than just taking on occasional cross-border matters.

Board chair and CEO roles: legal and practical experience from Cambodia

While the academic study of leadership roles found in a board of directors and management is not new, it is almost unheard of in Cambodia. This is not surprising given the country’s entire corporate governance and economic structure are still evolving.

Digital platform regulation: developments in Germany

The past few years have seen the emergence of section 19a of the Act against Restraints of Competition as a central instrument for Germany’s intervention in digital markets, with the German Federal Supreme Court (Bundesgerichtshof or BGH) upholding the German Federal Cartel Office’s (Bundeskartellamt) decisions. This national regime complements the harmonised European Union-wide regime introduced by the Digital Markets Act (DMA). The Bundeskartellamt remains at the forefront of digital platform regulation in Europe, serving as both an enforcer and a testing ground for innovative approaches. This article provides an overview of the evolving regulatory landscape, the interplay between German and EU law and recent enforcement actions against major digital platforms.

The 'unruly horse' is far from being tamed – international arbitration and public policy

Over the years, the concept of public policy as a ground for setting aside an arbitration award has evolved, with many developed arbitral jurisdictions adopting a somewhat restrictive notion of public policy. Last year, however, the Supreme Court of Mauritius (‘Supreme Court’) set aside an arbitral award in STC v Betamax [2019] SCJ 154 on grounds of public policy

Digital Services Act & Digital Markets Act: Europe regulates big digital platforms

This article reviews the recent European Union regulations, namely the Digital Services Act and the Digital Markets Act which regulate digital platforms with operations in Europe, from different perspectives. Likewise, the article revises some regulatory projects in Brazil and the United States, before turning to Argentina, where the regulation of the intermediaries’ responsibility is an issue of current relevance. Due to the lack of an ex-ante regulation regarding these topics, this article goes over some of the cases treated with consumer protection regulations as well as with antitrust law and data privacy provisions.

A state of emergency for US democracy and rule of law

As the United States enters election season in a state of Covid-induced emergency, Global Insight assesses the dangers of President Trump abusing the vast emergency powers – 123 of them – at his fingertips.

Three stress tests for the future of European antitrust policy

European antitrust policy faces three critical stress tests as the new European Commission (2024–29) takes office. The first test challenges the EU’s Article 22 referral policy, which allows the Commission to review global mergers, raising concerns about extraterritoriality and legal principles. Predicted to fail, this test questions the Brussels Effect’s sustainability. The second test examines the Digital Markets Act’s (DMA) aim for regulatory dialogue over litigation in digital competition. Early investigations against major tech firms suggest a litigation-driven enforcement, risking the DMA’s intended regulatory approach. The third test evaluates artificial intelligence (AI) regulation, balancing competition and innovation. Success is possible if the EU adopts a practical, rational approach, recognising AI’s complex layers and promoting competition across the entire AI infrastructure. These stress tests present significant challenges and necessitate strategic responses to ensure robust and effective antitrust policies in Europe.

Rethinking Indian law on equal pay: towards gender pay equality in workplace

This article discusses the Indian legal framework on equal pay and analyses how the principle of ‘equal pay for same work or work of similar nature’ limis the efficacy of addressing the complex dynamics of pay inequality. Furthermore, the article explores the broader concept of equal pay for equal work or work of equal value to tackle the long-standing issue of gender pay disparity in workplaces.