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Issue 28 – Friday 18 December 2020

The 28th issue of the International Bar Association’s Human Rights Institute (IBAHRI) Covid-19 Human Rights Monitor includes increased calls to domestic violence hotlines during the pandemic, displaced refugees and violence against peaceful protestors.

Issue 22 – Friday 18 September 2020

The 22nd edition of the IBAHRI Covid Monitor includes coverage of the United Nations General Assembly resolution encouraging international cooperation, measures to combat rape in Liberia, LGBTQI+ rights in Southern Africa, Tajikistan and Iraq, effects of the fire at Moria refugee camp in Lesbos, reports of dangerous medical practices at an Immigration and Customs Enforcement facility in the US, homelessness and Covid-19 in the Middle East, Germany and Chile, and furlough schemes and disability.

Issue 18 – Friday 21 August 2020

The latest issue of the Monitor covers topics including Covid-19 outbreaks in refugee camps, prisons and detention centres. Also: the lasting impact of the pandemic on individuals with disabilities and on children without access to education.

Austrian Supreme Court’s decision in OGH 18 OCg 9/19a

On 15 January 2020 the Austrian Supreme Court considered whether a final arbitral award on its merits violated Austrian public policy (Case: OGH 18 OCg 9/19a). The underlying arbitration was conducted under the rules of the Vienna International Arbitral Centre (VIAC) with seat in Vienna.

Myanmar: International community weighs up further action, 18 months after military coup

Eighteen months after Myanmar’s military seized control and arrested then-leader Aung San Suu Kyi, alongside other members of the democratically-elected National Unity Government (NUG), the international community grapples with how to treat the country. As things stand, there’s no sign of an end to the junta’s bloody and contentious rule.

IBA to address wellbeing for law students in free 18 February webinar

Landmark ruling of the Court of Justice of the European Union on airport charges: Case C-379/18

This article focuses on a ruling of the Court of Justice of the European Union concerning the competence of the Independent Supervisory Authorities to determine of airport charges. Through analysis of the ruling in question and identification of the peculiarities of the Italian system, this article provides an overview of the main legal barriers to the implementation of Directive 2009/12 on airport charges.

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.

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.

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.

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 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.

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

Avoiding juristic park: how to kick-start your law firm in the post Covid-19 world

The first webinar of the virtual conference focused on practical advice for lawyers and their firms on how to navigate the current economic crisis.

Session report one: IBA Annual Conference in Mexico City

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

Lookback at Boston: IBA Transnational Crime Conference 2023

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

Bringing the Danish general conditions into the 21st century

Kristian Skovgaard Larsen and Alexander Grønlund highlight a few of the many changes and additions to the new Danish general conditions in construction contracting that entered into force on 1 January 2019.

Could Mexican VAT on digital intermediation services result in a double VAT effect?

On 1 June 2020, new VAT rules entered into force in Mexico to regulate and tax the digital economy. These rules are based on the Organisation for Economic Cooperation and Development (OECD) conclusions to Action 1 of the Base Erosion and Profit Shifting (BEPS) Project and the work conducted by Working Party No 9 on Consumption Taxes.

Mind your client: law firms must choose to be responsible gatekeepers

Putin’s invasion of Ukraine has prompted international legal service providers to shut down operations in Russia, marking a palpable shift in the sector. If law firms do not re-examine their ethical standards and the moral standing of their clients, regulators may do it for them.

Deferred consideration by ‘foreign owned or controlled’ Indian companies – regulatory overhang

After the Reserve Bank of India issued notices to a few ‘foreign owned or controlled’ Indian companies for deferring part of the consideration payable in regard to their downstream investments in other Indian companies, Indian transaction advisors are faced with a dilemma. Structuring deals with deferred consideration for acquisitions through ‘foreign owned or controlled’ Indian companies has become a risky proposition. This article argues that a complete ban on this practice is not only commercially impractical, but also potentially misaligned with the original regulatory intent.

Saudi Arabia's foreign direct investment legal framework and outlook

Over the last year, Saudi Arabia has experienced a surge in FDI. In Q3 of 2022, FDI inflows to the tune of SAR 7.2bn (US$1.9bn) were reported by the Investment Ministry. This was an impressive surge compared to 2021, which saw SAR 6.5bn worth of investment during the same quarter. This 10.7 per cent growth in FDI inflows is a testament to the growing attractiveness of Saudi Arabia as an investment destination. By 2030, the Saudi Arabian government aims to reach US$100bn in annual FDI, an ambitious but achievable goal if current trends continue.

Booking information

IBA members, past delegates, and newcomers – find essential information on booking and attending the conference here. Network with peers, learn from experts, and experience Canada – book your spot today!

Collective redress in England and Wales: co-claimant collaboration as a tool for success

Recent years have been pivotal in the development of collective redress in the courts of England and Wales. Claimant collaboration, or lack thereof, is likely to play a key role in deciding how successful many collective actions are in the coming years.

IBA 2020 – Virtually Together open access session overview

As part of the IBA 2020 – Virtually Together Conference, the IBA will be running a number of Open Access Sessions, which are FREE to attend. Full conference registration is not required. A list of all the free to attend sessions is below. We ask that you please register for these sessions via the registration link next to the relevant session

Clash of the Titans: GDPR and International Arbitration – a Look at the Future

There is little guidance for arbitration practitioners on how personal data protection obligations should be complied with in international arbitration. In February 2019, the International Council for Commercial Arbitration (ICCA) and the International Bar Association (IBA) established a Joint Task Force on Data Protection in International Arbitration Proceedings. In March 2020, the Task Force published a consultation draft Roadmap that seeks to provide such practical guidance. This article, focusing specifically on the European Union’s General Data Protection Regulation (GDPR), serves as a commentary on this Roadmap in light of six pertinent issues regarding personal data protection in international arbitration.

ASEAN competition authorities remain vigilant amid the ongoing Covid-19 pandemic

The Association of Southeast Asian Nations (ASEAN) Experts Group on Competition (AEGC) is the regional forum for competition authorities in Southeast Asian. Recently, the AEGC of the ASEAN jointly called on all business sectors in Southeast Asia to continue to comply with competition law despite the current economic downturn. While forced to take transitory measures, such as extending timelines and taking applications and meetings online, the competition authorities in Southeast Asia remain committed

Update about Coronavirus Disease (Covid-19)

Due to the current circumstances and the uncertainly surrounding the coronavirus outbreak (Covid-19), the IBA has had to take the unfortunate decision to postpone the scheduled conferences listed below.

ESG compliance in action in the Brazilian life sciences industry

The article addresses the Brazilian ESG framework and, specifically, rules that should be observed by players active in the life sciences sector. Despite the lack of specific legal ESG criteria for different industry sectors in Brazil, there are some pieces of legislation and initiatives relating to environmental, social and governance aspects that should be observed by life sciences businesses.

What is dead may never die: transfer of criminal liability from absorbed company to absorbing company following a merger

By Emmanuel Moyne, Nima Haeri and Hubert Pouradier-Duteil. What is dead may never die: transfer of criminal liability from absorbed company to absorbing company following a merger

Save the children: the fight for juvenile justice

IBA Global Insight Aug/Sept 2018. Populations prey to a combination of political upheaval and autocratic regimes across the Middle East face appalling consequences. Global Insight assesses the troubling and persistent use of the death penalty, particularly for minors.