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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 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.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

Country Updates – September 2022

English Court of Appeal rules that Privinvest can go to arbitration over ‘hidden debt scandal’ bribery allegations: clarifies test for stay of proceedings for arbitration

The Court of Appeal, in favour of five companies within the Privinvest Group and against the Republic of Mozambique, has overturned the decision of the Commercial Court in the litigation arising out the ‘hidden debt’ scandal. It ruled that, where parties have entered into an arbitration agreement, their disputes falling within the arbitration agreement should not be decided in the courts, regardless of nature and including connected allegations of bribery. The decision is important to advisers and companies involved in international arbitration and litigation

Keeping the Freezer Stocked: Interim Relief in Aid of Foreign Proceedings before the DIFC Courts

It is a common feature of financial fraud schemes for the proceeds of the fraud to be scattered across several jurisdictions, frequently through a network of connected entities. For the victims of fraud, the first step in attempts to salvage their investments will often be to seek a worldwide freezing order in the courts of the country in which the defendants and their activities are centred. In many such cases, however, the freezing order in the primary jurisdiction will not be sufficient

One step forward, two steps sidewards: the latest decision on arbitration from the High Court of Australia

By Samantha Lord Hill and Stefan Pislevik. One step forward, two steps sidewards: the latest decision on arbitration from the High Court of Australia

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.

Preventive legal measures under Korean law against unjust bond calls

This article analyses the preventive legal measures under Korean law against an unjust bond call by the beneficiary/employer (the ‘Beneficiary’) upon the various unconditional bank guarantees that have been issued by financial institutions located in Korea (the ‘Issuing Bank’).

English Anti-Suit Injunctions in Support of Arbitration

This article considers the position under English law for parties seeking to injunct proceedings in other jurisdictions in breach of a valid agreement to arbitrate. English courts have shown great willingness to grant such injunctions in appropriate cases. Recent case law demonstrates the English courts’ commercial mindedness and adherence to a strongly pro-arbitration policy. However, different considerations apply in instances where the non-arbitration proceedings are issued in a European Union state.

Privilege and confidentiality: resetting the conversation

This session looked at the key themes of lawyers unintentionally misusing, wilfully turning a blind eye to, or knowingly abusing claims of privilege; and what the legal profession can do to prevent misuse and abuse of privilege.

Case comment: UK Court of Appeal Redefines Patentability Boundaries for Artificial Neural Networks

In a landmark judgment, the UK Court of Appeal has clarified the patent eligibility of artificial intelligence (AI)-driven systems, examining artificial neural networks under the computer program exclusion and clarifying patent eligibility requirements for intellectual property protection in AI innovation.

Further advances and subsequent security interests: determining priority under Australian law

This article provides an overview of Australian law governing the priority afforded to competing secured creditors where a prior-ranking creditor advances funds to a borrower having received notice of a subsequent security interest.

Court of Appeal overturns Competition Appeal Tribunal’s refusal to certify MasterCard's collective action claim

In the relatively new world of competition collective actions (class actions) in the UK, the focus has been on certification and, in particular, how this should be undertaken by the first instance court – the Competition Appeal Tribunal.

Case Comment: Mac Attack – EU General Court Rules on Revocation Action Against McDonald’s Big Mac Trademark

On 5 June 2024, the General Court ruled on a long-running trademark dispute between Supermac (Holdings) Ltd (‘Supermac’) and McDonald’s International Property Company, Ltd concerning a trademark registration for what may be considered the latter’s most famous menu item, the Big Mac. Supermac’s success in the case provides a salient reminder to rights holders that, even for marks as established and well known as ‘BIG MAC’, they face partial or even full revocation of their registered rights if they cannot provide sufficient evidence of use of the mark across all goods and services for which they are registered.

Case Comment: Fiat and Starbucks: the Repurposing of Competition Law for Anti-Tax-Avoidance Schemes

Against the backdrop of global initiatives targeting perceived tax-avoidance measures, the judgments of the General Court in the Fiat Chrysler v Commission (Cases T-755/15 and T-759/15; ‘Fiat’) and Starbucks and Starbucks Manufacturing EMEA v Commission (Cases T-760/25 and T-636/16; ‘Starbucks’) cases indicate a forthcoming era where competition law is applied for tax litigation. Though Fiat was a victory for the European Commission and Starbucks may better be described as a stinging setback, the judgments

Collective consciousness: opt-out collective redress takes off in the UK

No backdoor to court: Dubai Cassation Court blocks attempt to sidestep arbitration

Three business partners agreed at the outset to resolve any disputes about their newly incorporated company through arbitration rather than litigation – valuing arbitration for its speed, confidentiality and predictability. Yet when conflict arose, one partner sought to bypass that agreement by dragging the managing partner and the company into court, hoping to avoid arbitration. In a landmark decision (Cassation No 956/2025), the Dubai Court of Cassation reaffirmed that while courts generally hold broad jurisdiction vis-à-vis the restricted jurisdiction of arbitral tribunals, which mandates that disputes involving parties that are non-signatory to an arbitration agreement should be adjudicated before the courts, arbitral tribunals are restricted to signatories of arbitration agreements. However, this does not open the door for parties to circumvent arbitration by artificially including non-signatories who are not true parties to the dispute. The ruling strengthens the enforceability of arbitration clauses against tactical attempts to undermine them, offering welcome clarity for practitioners and businesses alike.

Brexit and electoral law: campaign spending controversies highlight pressing need for reform

Several legal challenges and investigations have served to highlight ongoing public concern over the way the UK conducts elections. This follows the UK’s elections regulator finding in 2018 that campaigners had flouted spending rules during the 2016 EU referendum campaign. On 19 June, a group of MPs launched a legal bid to challenge what they say are ‘unjustified’ delays in the Metropolitan police’s investigation into alleged overspending by the Leave campaign during the referendum campaign.

Mitsui v Alstom: Should insurance companies be bound by an arbitration clause stipulated by the policyholder?

In a recent ruling enforcing a foreign award rendered by the International Chamber of Commerce (ICC) (Proceedings No 14,930), in New York, the Brazilian Superior Court of Justice (SCJ) held that an insurer is bound by an arbitration clause executed exclusively by the insured and a third party.

Freedom of expression: UK libel regime failing abuse victims

A dispute before the Supreme Court of England and Wales has prompted calls to grant abuse victims legal aid to help address the glaring ‘inequality of arms’ perpetuated by the UK’s libel system.

The validity of forum selection clauses questioned by California courts – implications in Delaware and around the world

A long-awaited decision from the California Supreme Court may disrupt a commonly accepted tradition and feature of United States corporate law, with far-reaching implications around the world. For decades, corporations organised under Delaware law have compelled shareholders to bring any claims relating to the corporation in the Delaware Court of Chancery. This result is achieved through inclusion of a forum selection clause in the shareholder agreement and other corporate documents.

Covid-19: Hong Kong ‘walking a tightrope’ on pandemic response

Until early May, Hong Kong pursued a policy to combat Covid-19 that’s in line with mainland China – a ‘zero-Covid’ policy, later renamed ‘dynamic zero’.

Transnational business and human rights developments in courts and legislatures

This contribution gives a summary analysis of the latest court cases on parent companies’ duty of care toward victims of alleged human rights violations, the United Kingdom Supreme Court case of Okpabi v Shell, and the issue of transnational corporate aiding and abetting in the latest United States Supreme Court alien tort statute case of Nestlé v Doe.

Frustration and force majeure in property contracts: an English law perspective

Is Covid-19 an event of force majeure in England? This article looks at how English law governs the doctrine of frustration and the related concept of force majeure clauses in property contracts.

Internal investigations: There is no escaping anymore!

Whistleblowing complaints on financial, ethical, and legal issues are on the rise in India. With the law not having evolved at the same pace, it has created even more uncertainties in the regulatory environment. However, consciously, many Indian corporates have adapted and changed gears, ushering in a new mindset, and incorporating policies to achieve the broader objective of ‘no fraud-no corruption’.

United Kingdom disunited

Relations between Scotland’s Holyrood parliament and the Westminster government in London are increasingly strained. Global Insight assesses whether the law can find a resolution and clarify the Constitution.

Lawyers who lead: prioritising empathy in a time of global crisis

An interview with business and human rights lawyer, Stéphane Brabant, by Edie Hofmeister.

Lawyers who lead: prioritising empathy during a time of global crisis

Edie Hofmeister, Vice-Chair of the IBA Business Human Rights Committee, interviews the business and human rights lawyer Stéphane Brabant, a partner at Herbert Smith Freehills in Paris, about empathy in the corporate value system, putting forward new systems in business, and advice for new in-house counsel.

India’s workplace sexual harassment law: a decade on

This article outlines the numerous interpretations of the Indian POSH Act by the courts over the past ten years, and considers to what extent the law’s original intent has been met in reality.