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UK government immigration plan aims to significantly reduce net migration

In May, the UK government published a white paper setting out its plans to redesign the UK’s immigration system to ‘significantly’ reduce net migration

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.

Achieving net zero: a key role for digitalisation and open data

This article examines the Future Energy Scenarios set out in the National Grid ESO’s recent report, with a particular focus on the role of digitalisation and open data in achieving net zero in the UK by 2050.

Early detection and reporting of frauds in India: widening the regulatory net

The past few decades have witnessed a widespread improvement in investor confidence and positive market sentiment, catapulting India’s image as a global investment hub. While the government’s policy initiatives, such as ‘Make in India’ liberalising Foreign Direct Investment in over 25 sectors, aim to catalyse ease of doing business, recent amendments to regulations, such as Indian Penal Code 1860, the Companies Act 2013, Insolvency and Bankruptcy Code 2016 and the Prevention of Corruption Act 1988, are enablers in preserving the economic reputation of the country by effectively tackling fraud, corruption, bribery and serious white-collar crimes.

Challenges of structuring pre-migration planning for high-net-worth individuals and families (2023)

Multiple factors compel high-net-worth individuals to consider relocation, such as entrepreneurial ventures, educational opportunities or tax considerations. The discussion by the panel delved into these complex migration considerations and their subsequent ramifications for affluent individuals.

The EU Court of Justice rules on zero-rating practices under the Net Neutrality Regulation

In Telenor Hungary adopted on 15 September 2020, the European Court of Justice (Grand Chamber) has, for the first time, interpreted Regulation 2015/2120 on the ‘open internet’ (the Net Neutrality Regulation). Through this preliminary ruling, the Court gives some guidance on the validity and limits of so-called ‘zero-rating’ offers

The IRS global high wealth industry group: how the IRS targets high net worth individuals

In this article, we focus on the group specifically formed by the US Internal Revenue Service to audit high net worth individuals and how global transparency has impacted its activities.

Navigating Mexico’s 2020 tax reform in the context of US investments for high net worth individuals

In this article, the authors discuss the myriad of changes to Mexico‘s entity classification rules and controlled foreign corporate (CFC) regime. Such changes potentially affect Mexican resident individuals that have elected to use offshore limited partnerships to conduct their investments in ‘US situs assets’. Mexican resident individuals investing through these vehicles may face different income tax rates, different income characterisations and disclosure requirements.

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.

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.

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.

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.

Fights over internet rights

IBA Global Insight February/March 2018 - Basic practices and fundamental rights have long been taken for granted by internet users worldwide. However, the recent US decision to roll back key ‘net neutrality’ legislation puts them in danger – is it time for a digital constitution?

IBA Global Insight - February/March 2018

IBA Global Insight - February/March 2018

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.

Belarus: changes to the law on commercial companies

On 28 April 2021, a set of amendments to the Belarusian law ‘On Commercial Companies’ entered into force and introduced a significant number of changes concerning various aspects of corporate law. Some of the most notable changes are additional net assets maintenance requirements and explicit regulation of debt-equity conversions.

Profile: Kirin Kalsi, General Counsel, Compliance Officer and Data Protection Officer at E.ON UK

Kirin Kalsi is General Counsel, Compliance Officer and Data Protection Officer at E.ON UK, part of the E.ON Group, one of the largest operators of energy networks and infrastructure in Europe. She tells In-House Perspective how her team learnt to expect the unexpected through its work in the pandemic and the energy crisis, and about how lawyers can assist in reaching net zero.

In-house lawyers take on the climate emergency

A new initiative for the legal sector, Lawyers for Net Zero, was launched in July and aims to support in-house counsel in delivering climate action in their organisation. In-House Perspective examines what in-house lawyers could and should be doing in this area.

The EU Corporate Sustainability Due Diligence Directive: key requirements and considerations around alignment with the UNGPs

The EU Corporate Sustainability Due Diligence Directive represents a significant step forward in the promotion of corporate accountability for human rights through regulation and, considering its extraterritorial reach, the legislation will have an impact outside of the EU. This article summarises the main requirements of the CSDDD, with particular focus on the requirements concerning human rights due diligence. It also highlights key areas of alignment between the CSDDD and the United Nations Guiding Principles on Business and Human Rights (UNGPs).

EU Court of Justice rules on zero-rating

By a decision dated 15 September 2020, the Court of Justice of the European Union has confirmed that zero-rating practices are banned under Regulation 2015/2120, the Regulation that introduced net neutrality provisions into the EU framework.

The climate crisis: are we building back better?

Spiralling energy prices due to Russia’s invasion of Ukraine should be accelerating the transition to low-carbon fuels. Global Insight assesses whether the world is slipping back on its post-pandemic pledges to build back better.

International selling restrictions by jurisdiction - 2019-2021

The Capital Markets Forum has undertaken a project to monitor international selling restrictions. In the dropdown panels below, you will see information on selling restrictions in various jurisdictions that apply to offerings of equity securities by companies incorporated outside the jurisdiction. The information is accurate as of the date provided within the relevant link.

Opportunities and challenges for distributed energy resources in Chile

In Chile, distributed energy resources are divided into two categories: power plants up to 9 MW connected via distribution or transmission lines and smaller net billing facilities up to 300 kW connected solely through distribution lines within the service area of distribution companies. As of 2024, the installed capacity of these resources has rapidly expanded, driven primarily by solar projects. However, challenges have arisen, including transmission congestion, regulatory changes, infrastructure limitations and curtailments. Recent regulatory updates are promoting the use of energy storage as a solution to these issues, enabling better grid management and continued growth in distributed energy generation.

The climate crisis: act now to survive and thrive

To kickstart London Climate Action week, the Net Zero Lawyers Alliance held a symposium highlighting the integral role of lawyers in achieving net zero and encouraging firms to act now. This article summarises the key messages.

The State of Crowdfunding Regulation in the United States

In the United States, crowdfunding has evolved over the last five years to refer to several different funding approaches, including donation-based funding that is not a securities offering, and securities offered to anyone, including retail investors, pursuant to the criteria provided in the safe harbour rule ‘Regulation Crowdfunding’. This is a broad topic and this article focuses only on retail crowdfunding pursuant to Regulation Crowdfunding.

Distributed energy resources in the United States

Structural deficiencies in the operation of the bulk power system coupled with anticipated growth in electricity demand are resulting in the emergence of new technologies and business structures to address immediate and forecasted needs. The regulatory landscape is adapting quickly in order to address new and emerging realities in the power sector. As policies and regulations vary on a state and local level, practitioners must remain up to date with regulatory and technological developments in order to advise their clients properly.

The EU’s Corporate Sustainability Due Diligence Directive: what it means for the construction sector

Chasing the ‘green’ dream: a brief snapshot on the implementation of SAFs and e-fuels in the aviation industry

A brief contemporary examination of the implementation of the use of Sustainable Aviation Fuels (SAFs) in the aviation industry.

Insolvency and Restructuring International - April 2019

Insolvency and Restructuring International - April 2019.