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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.

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.

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.

Seventh Annual IBA European Start-up Conference, Stockholm: report on panel session: ‘To list, to sell or to flip to the US: succesful exit methods in Europe’

A report on the panel session ‘To list, to sell or to flip to the US: sucessful exist methods in Europe’. Participants discussed recent challenges in the initial public offerings market, the ‘dual-track’ strategy and the role of legal advisors among other interesting points.

Lookback at Boston: IBA Transnational Crime Conference 2023

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

Fatou Bensouda - IBA Annual Conference 2018

IBA Global Insight December/January 2019. Speaking on the 20th anniversary of the Rome Statute, the Prosecutor of the International Criminal Court reflects on progress to tackle impunity for atrocity crimes. She talks to the IBA’s Director of Content, James Lewis, about her priorities, and how threats and pushback against the Court won’t detract from the drive to create a rules-based global order.

Fatou Bensouda - interview transcript

IBA Global Insight December 2015/January 2016 - Fatou Bensouda is the Chief Prosecutor of the International Criminal Court in The Hague. A Gambian prosecutor, she worked as a legal adviser at the International Criminal Tribunal for Rwanda in Tanzania and has a wealth of experience in the international judicial system. In conversation with IBA journalist Ruth Green, she spoke about the Court’s jurisdiction and its fight against impunity, and quashed allegations of African bias.

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.

European Fashion and Luxury Law Conference summary

The European Fashion and Luxury Law Conference, meticulously organised by the European Regional Forum (ERF) of the International Bar Association (IBA) in Milan on 23 April 2024, was a resounding success. The event, which was fully booked, showcased a remarkable assembly of speakers, each highly esteemed within the industry. These speakers brought with them a wealth of knowledge and expertise, which they shared across a series of discussions and presentations.

China’s design for human rights

President Xi’s China is now a major player at the United Nations, supporting peacekeeping operations and emphasising global cooperation to protect human rights. But there are fears that China’s more active role could erode multilateral intervention and even lead to the demise of international human rights laws.

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.

Country Updates – June 2022

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.

IBA Showcase: The new female leadership of law firms – a game changer?

This IBA Showcase session brought together a panel of top female leaders to discuss what qualities are needed, what female leadership brings to a firm and how diverse voices benefit everyone.

Inspirational legal women: a conversation with Imbi Jürgen

An insightful discussion with Imbi Jürgen

IBA hosts largest transnational crime conference to date

The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!

IBA talks to CCBE Vice-President, Imbi Jürgen, for Inspirational Legal Women podcast

The International Bar Association (IBA) Legal Policy & Research Unit (LPRU) has released the latest instalment of its Inspirational Legal Women podcast series, featuring Imbi Jürgen, the Vice-President of the Council of Bars and Law Societies of Europe (CCBE) and…

The rise of utility-scale power storage technologies in Pakistan

Renewable energy is heavily reliant on environmental conditions, making energy storage technologies crucial in addressing this challenge. This article discusses the increasing use of utility-scale power storage technologies in Pakistan and the associated legislative framework.

IBA Showcase: attorney wellbeing – what it is and why it matters to the legal profession

This session examines what has led to a crisis in attorney wellbeing and launches the IBA Presidential Taskforce, which aims to help tackle the root causes. During the session, Steven Richman of Clark Hill, Deborah Enix-Ross of Debevoise & Plimpton and Sara Carnegie, Director of the IBA Legal Policy and Research Unit, posed the questions explored by the panel.

Electrifying discussions: a recap of the 4th European Automotive and Mobility Services Conference

Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.

IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City

The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).

Report from the IBA Automotive and Mobility Services Conference

We were happy to see 110 participants in Munich on 27 March, in the unique location of Upside East for a day of discussions concerning the very challenging times that the automotive industry is now facing. Attendees had a chance to ease into the conference at the welcome cocktail which took place the evening before and it was good to see many familiar faces showing that the conference is becoming a familiar item on the IBA calendar.

Using the practice of law to facilitate change and to accelerate a just transition

A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.

Reflections on the IBA European Regional Forum Retreat in Budapest

Arriving in Budapest, I was excited to join my first IBA European Regional Forum (ERF) retreat as a council member. Bringing together over 50 officers, council members and Advisory Board members, this was a great (and slightly daunting!) opportunity to immerse myself in the ERF and find out more about their current and upcoming projects.

Making Executive Compensation Less Controversial: The Rise of Pay Ratios

Developments in executive compensation have resulted in more legislation and regulations on executive pay being introduced over the past two decades than in the previous 150 years. Ever since the last financial crisis, executive compensation has remained high on the agenda of many authorities. When there are concerns about executive remuneration, legislators first of all try to find the remedy through increasing the level of transparency. Such a transparency measure, currently favoured by various countries

Non-arbitrable disputes - the law in India

By Kingshuk Bannerjee. Under the current legal framework in India, arbitrability is the norm and non-arbitrability the exception. The Indian Arbitration Act, which is largely premised on the UNCITRAL Model Law on International Commercial Arbitration 1985, adopts the globally preferred approach of minimal judicial intervention. That said, non-arbitrability is, undoubtedly, a thorn in the side of arbitration.