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Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions - China Working Group

By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.

Observations on new trends in Chinese anti-corruption laws and practice

In the Chinese legal system, provisions addressing commercial bribery are dispersed across various legal instruments and judicial interpretations. Among the different legal authorities in China, the core provisions guiding anti-corruption can be found in the Anti-Unfair Competition Law and its draft Amendment (issued in 2022 and still open for public comment); the Criminal Law of China, along with its amendments; and the Supervision Law of China and its accompanying regulations for implementation.

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.

Corruption Perceptions Index

In the 28th edition of the Corruption Perceptions Index 2022 Report (‘the CPI’), 180 countries and territories were examined.

Residential leases: caps on indexation of rent in 25 different jurisdictions

This article looks at the approach of 25 different jurisdictions to caps on indexation of rent for residential leases. As residential lease contracts usually cover a long term, it is common to agree on an indexation of the rent to secure that the rent level follows the development of general cost of living. This way, a real estate investment has the potential to be an inflation secured investment.

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 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.

Enhanced enforcement against bid rigging in China: implications for the Belt and Road Initative

In recent years, multiple provinces in China have launched ‘retrospective’ enforcement campaigns, with some jurisdictions extending the look-back period to as far back as 13 years, attracting widespread attention from market participants and the international engineering community. This article reviews recent developments in China in regard to the enforcement and governance efforts taken to address collusive bidding, with a particular focus on practical approaches inspired by the Operational Guidelines for Preventing Collusive Bidding in Contractor Project Bidding, and further analyses the implications for bid-tendering risk management within engineering projects that are part of the Belt and Road Initiative.

Compensation for overseas victims of corruption

The frameworks used in many Western countries to provide compensation to overseas victims of economic crime have been criticised as insufficient. Global Insight assesses what can be done.

Calling African Female Lawyers - IBA/ICC campaign

The Calling African Female Lawyers Campaign is a joint IBA / International Criminal Court (ICC) initiative to encourage qualified female african lawyers to sign up to practise at the ICC.

Advances in the regulation of medicine pricing and advertising in Paraguay: the emphasis on transparency and consumer protection

In Paraguay, the regulation of medicine pricing is the responsibility of the National Health Surveillance Directorate (Dirección Nacional de Vigilancia Sanitaria or DINAVISA), which employs methodologies based on international standards to ensure fair and accessible prices. Recent regulatory amendments have introduced a pricing system that references the market values in other countries with similar regulations, aiming to promote fairness and transparency in the marketing of pharmaceutical products. Regarding medicine advertising, the regulatory framework includes restrictions to avoid the dissemination of misleading information and to ensure transparency. Notwithstanding the progress made in terms of regulating this part of the provision of healthcare, the advertising authorisation process is still carried out manually, highlighting the need for digital modernisation.

The impact of corruption on the rule of law and the effective administration of justice using Nigeria as a case study

Corruption is a global issue that impacts all facets of society and undermines the rule of law and the effective administration of justice. Nigeria is not immune to this trend, as corruption has had devastating effects on its legal system, resulting in a weakened judiciary and law enforcement agencies, thus fostering a culture of impunity for the affluent and powerful.

Disclosure of an Indian issuer’s potential FCPA violations: the implications for other Indian companies

Dr Reddy’s Laboratories Ltd (Dr Reddy’s), a large Indian pharmaceutical company, has American Depositary Receipts (ADRs) listed on the New York Stock Exchange and is an ‘issuer’ under the Foreign Corrupt Practices Act, 1977 (FCPA). In November 2020, Dr Reddy’s made a filing before the US Securities and Exchange Commission (SEC) stating that it had begun an investigation into an anonymous complaint alleging breaches of anti-corruption laws, specifically the FCPA.

Climate crisis: ICJ’s historic opinion sets the tone for future litigation

IBA Global Insight - human rights news and analysis from the IBA

Digital economy driving China’s antitrust reform

A 2022 amendment made minor modifications to China’s Anti-Monopoly Law (AML), responding in part to challenges triggered by the digital economy. The amendment directly prohibits undertakings from using data, algorithms, technologies, advantage in capital and rules to engage in anti-competitive conduct. Indirectly, the amendment introduces a new legislative purpose (‘encouragement of innovation’), a classification and grade mechanism to merger control, an explicit provision against hub-and-spoke agreements, and requires notification of problematic mergers below the notification thresholds. The Chinese competition authorities should revise their supporting rules, not overlook the positive roles played by capital, think twice before investigating exploitative abuses of dominance, and better coordinate with other administrative authorities.

Limits to directors’ and officers’ liability for fraud or corruption in Brazil: arbitration involving state-controlled entities

Brazil is currently focused on privatising state-controlled entities. While this may present great investment opportunities, given Brazil’s issues with corruption, it carries a considerable amount of risk. This article establishes practices and precautions to uphold investors’ interests in cases of corruption, fraud or mismanagement. In doing so, it will endeavour to compare the US and Brazil’s statutes of limitation rules, proceeding with a practical analysis of civil actions for damages filed by investo

The African Continental Free Trade Area Competition Protocol: a necessity or an overzealous endeavour?

The African Continental Free Trade Area (AfCFTA) is one of the 13 flagship projects of the Agenda 2063 of the African Union. Its aim is to create a single integrated African market and boost intra-Africa trade. To achieve this, AfCFTA will need to address some factors that have dwarfed intra-Africa trade for decades. Among these factors are anti-competitive conduct by private enterprises operating on the African continent. The focus of this article is on the remedy advanced by AfCFTA to address the problem of less meaningful trade and integration on the African continent posed by anti-competitive conduct of private enterprises. A Competition Protocol (CP) has been adopted pursuant to Article 4 of AfCFTA to address this problem. This article interrogates whether the CP is a necessity, or it is simply an overzealous endeavour.

Economic tools employed in China’s merger review: insights from intervened cases

This article summarises the Chinese decisions of intervened cases to identify the key economic tools used by Chinese regulators and elucidate the Chinese merger review process more generally.

The impact of Covid-19 on the global insurance industry – Italy

Algorithms: The Impact on Competition

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.

Session report two: IBA Annual Conference in Mexico City

A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.

No-poach and wage-fixing agreements – a Canadian perspective

This article considers what the Canadian approach should be to the regulation of no-poach and wage-fixing agreements. It provides an overview of the dual-track approach to agreements between competitors included in the Canadian Competition Act; explains why no-poach and wage-fixing agreements have become such a ‘front and centre’ issue in Canada for both the Canadian Competition Bureau and politicians; describes the approach to no-poach and wage-fixing agreements in Canada and in various jurisdictions around the world; and discusses the path forward in Canada, including our opinion that the Bureau will likely push for amendments bringing no-poach and wage-fixing agreements within the scope of the Competition Act’s per se criminal cartel provision – inline with the approach of enforcement agencies in the United States. However, this article highlights that the nuanced and contextual effects of no-poach and wage-fixing agreements, which have yet to be fully understood in Canadian labour markets, may necessitate a more fulsome analysis of these agreements under section 90.1 of the Competition Act.

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.

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.

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.

Lookback at Boston: IBA Transnational Crime Conference 2023

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

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!