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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.

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.

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.

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.

Seizing the moment

2020 was meant to be a red-letter year for addressing the climate crisis, with governments expected to set ambitious emission reduction goals as part of the Paris Agreement. Covid-19 has shuttered economies, bringing visible reductions in pollution and raising hopes of emerging into a cleaner future.

Law associations to co-host event at COP27: The Role of the Legal Profession in the Climate Crisis

The International Bar Association (IBA), the American Bar Association (ABA), the Brazilian Bar Association (OAB) and the Law Society of England and Wales are set to host an event during the 2022 United Nations Climate Change Conference (COP27) in Sharm el-Sheikh, Egypt from 0900 – 1400 (EET) on Thursday...

Reporting security incidents in Brazil: when and how to notify the Data Protection Authority

Brazil is increasingly in the global spotlight when it comes to cybersecurity threats. With over ten billion cyberattack attempts recorded in 2023 alone, the country ranks among the most targeted worldwide. These incidents are not abstract: they affect sensitive sectors such as finance and healthcare – including data leaks involving over 220 million data subjects from national institutions and critical infrastructure operators.

The new world of work: returning to the office - when and why should we do it?

A webinar presented by the Law Firm Management Committee

'This is not a drill! Repeat; this is not a drill!'

A webinar presented by the IBA Alternative and New Law Business Structures Committee

Rule of law in Europe: Poland rejects EC’s allegations of breaches

The Polish Government has wholeheartedly rejected the European Commission’s recommendations to remedy alleged rule of law breaches. The Commission had been investigating a constitutional fracas which started in Poland in 2015 when the then recently-elected Law and Justice Party blocked the swearing in of judges appointed by the previous government to the Constitutional Tribunal.

The Role of Lawyers in Achieving the Transition to Net Zero

This article considers the role of lawyers in assisting their clients in recognising the challenges and opportunities created by the transition to a net-zero, low-carbon economy. In particular, it focuses upon the impact of United Kingdom regulation and environmentally focused litigation on the private sector’s transition to net zero and the sustainability of business practices.

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. [...]

What difference can lawyers make in tackling the climate emergency?

Climate change has driven up weather damage losses beyond USD 300 billion annually, while making them increasingly uninsurable. Naturally, citizens and corporations are looking to the law and legal practice to urgently future-proof their societal and economic interests. For the law to rise to this challenge, lawyers must work beyond the confines of traditionally compliance-focused environmental law. Instead, they must proactively adapt law and legal practice to give the world the best chance at achieving swift and coordinated climate action.

Developments in public company M&A and securities law (2022)

This panel at the 19th Annual International Mergers and Acquisitions Conference in New York discussed multiple voting rights; special-purpose acquisition companies; poison pills; transaction litigation; lengthening deal timetables; and the environmental, social and governance climate.

As leaders should we be focusing on our people or our profits?

A webinar presented by the IBA Law Firm Management Committee

Arbitration in Practice: a close look at the IBA Guidelines on Conflicts of Interests in International Arbitration

Webinar, Arbitration in Practice: a close look at the IBA Guidelines on Conflicts of Interests in International Arbitration. Part of a 4-part webinar series presented by the IBA Asia Pacific Arbitration Group, supported by the IBA Arbitration Committee and the IBA Asia Pacific Regional Forum. 5 June 2020 0930-1100 BST.

BDRs and the market for foreign shares in Brazil

The article provides an overview of the Brazilian Depositary Receipt market, its regulation and prospects, in light of recent offerings of these securities in the Brazilian market and the amendments proposed to the relevant regulation by the Brazilian Securities and Exchange Commission.

Brexit ruling sends constitutional question to Supreme Court

The recent High Court ruling that the UK government must consult Parliament before triggering Article 50 of the EU Lisbon Treaty was always going to attract considerable attention. Yet, as the case heads to the Supreme Court, the vitriolic reaction to the judgment in certain corners of the media has sparked a broader debate about the roles of both the judiciary and the press in high-profile legal cases.

Artificial Intelligence and Arbitration: A US Perspective

As artificial intelligence (AI) continues to develop, complicated questions arise regarding the scope and role AI technologies play in legal practice. This article identifies and discusses challenges and opportunities that AI’s development pose to legal practice from a US perspective, focusing on AI’s applications to US dispute resolution generally, and to US arbitration in particular. It first discusses problems with defining AI, highlighting competing definitions that conceptualise AI from technical and social perspectives. It then discusses how AI tools currently influence, and will continue to influence, dispute resolution practice in the US. Next, it analyses key US legal considerations influencing how AI will be integrated into US dispute resolution systems, including trends such as how combining a developing technology with an evolving legal landscape is a recipe for uncertainty, and how the variety of relevant actors and sources of law in the US federal system generates complexity when adapting AI tools for use in arbitration. Additionally, it discusses how regulation does not happen in a vacuum, but is coloured by regulatory competition.

Lookback at Boston: IBA Transnational Crime Conference 2023

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