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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.

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.

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.

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

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.

Women in power

In a year of significant elections, Global Insight examines why women are underrepresented as candidates for office in many countries.

The Downfall of Investment Treaty Arbitration and Possible Future Developments

The compatibility of investment protection treaties with European Union law has been a controversial issue for quite some time. The decision of the Court of Justice of the European Union (CJEU) in Achmea (formerly Eureko) v Slovakia clarified the issue and raised a number of concerns as regards the future of intra-EU investment protection treaties.

Transforming a Black Swan into a Phoenix: the British Virgin Islands’ Solution to Standalone Injunctive Relief

The freezing order, or Mareva injunction, is a powerful tool to combat fraud and dishonest conduct. Since its creation in 1975, the ownership of assets and wealth structuring has become increasingly complex. Rarely will the assets, the underlying cause of action, and the location of relevant individuals all be in the same jurisdiction. The complexities are usually magnified where fraud is involved. The courts must be equipped to respond effectively and swiftly to these scenarios. To its credit, the common law world has demonstrated a keen appetite to develop the jurisdiction of freezing orders to meet the increasing complexities of commerce, and in particular to combat the sophistication of international fraud and money laundering. It has been and continues to be fine-tuned to the demands of the day, whether through common law development or the adoption of statutory remedies. This article considers how the freezing order jurisdiction has evolved since 1975, significant developments in its evolution for both onshore and offshore jurisdictions, and hazards a look into the crystal ball of its future.

Middle Eastern M&A on the rise in H1 2019: and it’s not all about oil

By Marcus Booth and Abdulwahid Alulama. Middle Eastern M&A on the rise in H1 2019: and it’s not all about oil.

Rethinking International Commercial Arbitration: Towards Default Arbitration

Rethinking International Commercial Arbitration: Towards Default Arbitration Gilles Cuniberti Edward Elgar Publishing (2017), 246pp (hardback) ISBN 978-1-78643-239-1 $125.

The ‘Spanish Saga’ in the Antin case and beyond: award recognition and asset recovery in EU investment arbitration

The article discusses the impact of the High Court of London award in the Antin case in the context of the Achmea and Komstroy doctrines.

Planning an M&A deal in Poland? Check the new Covid-19 regulation on FDI control first

By Jakub Jedrzejak and Anna Wyrzykowska. Planning an M&A deal in Poland? Check the new Covid-19 regulation on FDI control first - Corporate and M&A Law, July 2020

The rise and rise of China’s legal profession

IBA Global Insight April/May 2018 - Chinese firms are growing rapidly and developing global credentials, forcing international competitors to retreat from the region. Global Insight explores how domestic activity and inbound work are driving the business models set to challenge established global players.

Governing the future: bridging the gap between artificial intelligence, the law and regulation

This article addresses the necessity for legal frameworks and regulations to evolve in parallel with technological advancements. It focuses on artificial intelligence (AI), particularly its impact on the healthcare sector. The discussion covers the emerging regulatory landscape concerning AI in both the European Union and Turkey, including relevant guidelines and legislative developments. The article emphasises the importance of regulating AI applications in healthcare to ensure legal certainty, ethical compliance and data privacy.

Enforcement post-Brexit: big win for arbitration?

Enforcement is rightly recognised as a key advantage of arbitration. That advantage has either been preserved or amplified in post-Brexit England. This article considers four significant changes in that regard. First, the English Courts are no longer bound by the recent judgments of the CJEU regarding the incompatibility of investment treaty arbitration with EU law. Second, the English Courts may have broader powers to compel arbitration. Third, it remains the case that the UK remains a party to the New York Convention in relation to enforcement of awards. Finally, England may be a favourable destination for enforcement of awards against sanctioned assets. Accordingly, Brexit is likely to be a big win for Arbitration.

No black holes in the British Virgin Islands: the Black Swan Jurisdiction - Litigation Committee newsletter article, April 2020

No black holes in the British Virgin Islands: the Black Swan Jurisdiction - Litigation Committee newsletter article, April 2020

Transatlantic investigations: a toolkit

This article summarises the respective powers and roles of the chief investigation and enforcement authorities in the UK and US, and provides a quick reference toolkit for the jurisdictions on either side of the Atlantic.

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

Limitation of liability under Kazakh law in a landlocked corridor setting

As a landlocked jurisdiction, Kazakhstan’s foreign trade and transit carriage is structurally corridor-based and typically executed through multimodal chains: rail and road legs, terminal handling, and – where relevant – a maritime segment in the Caspian basin. In that operating reality, limitation of liability rarely turns on a single ‘carriage’ or a single document. Instead, it turns on: (1) where the loss occurred (stage identification); (2) who held custody and in what capacity; and (3) how handovers were documented across modal interfaces.

The arbitration and insolvency collision: the Indian Perspective

By Alipak Bannerjee and Payel Chatterjee. The interplay of arbitration and insolvency has assumed greater significance in recent times with the evolution of new insolvency regime in India. With limited statutory guidance available on this subject, many arbitral proceedings have been stalled due to the onset of insolvency proceedings. While some jurisdictions have settled the position of law in this regard, India is relatively a new entrant to the list.

Brazil: the need to set limitations on criminal liability of compliance officers

By João Augusto Prado da Silveira Gameiro. Brazil: the need to remove limitations on criminal liability of compliance officers - Criminal Law/Business Crime Committees

Pending arbitrations after the termination of intra-EU BITs: a greenfield for future investment tribunals?

By Emmanuel E. Kaufman and Julia Hildebrandt. Pending arbitrations after the termination of intra-EU BITs: a greenfield for future investment tribunals?

Current trends in ‘umbrella clause’ claims arising from breaches of contractual obligations

By Samantha J Rowe and Svetlana Portman. ‘Observance of obligations’ clauses in investment treaties – so-called ‘umbrella clauses’ – have been the subject of discussion in the arbitration community for decades. This article explores current trends through the lens of a series of recent decisions addressing umbrella clause claims.

One year of the Foreign Subsidies Regulation: important milestones

This article reviews the most relevant milestones achieved in the enforcement of the Foreign Subsidies Regulation (FSR) and their significance for the future. A year of notifications of concentrations has seen almost 100 transactions notified; the European Commission (‘the Commission’) adopted a decision on its first in-depth investigation of a concentration; the Commission conducted its first inspection under the FSR on the EU premises of a Chinese undertaking, giving rise to a ruling by the European Union General Court reaffirming its investigative powers. Finally, the Commission has published a document with initial clarifications on some key concepts.

An Analysis of the Broader Implications of the European Commission’s International Skating Union Case

On 8 December 2017, the European Commission decided that the International Skating Union’s (ISU) Eligibility Rules breached EU competition law. The rules provided that an athlete could be sanctioned for participating in an event not authorised by the ISU. The Commission thus examined whether the rules unlawfully restrict competition under Article 101 of the Treaty on the Functioning of the European Union (TFEU) by establishing a pre-authorisation procedure for third-party organisers and imposing sanctions

The (in)feasibility of using precedents as a tool to increase consistency in international arbitration

The article begins by introducing the problem of inconsistency and contradictory decisions within the framework of international commercial and investment arbitration. Then, starting from the premises surrounding the use of legal precedents in both national and international contexts, the article considers the possibility of having a precedent value rule as a tool to increase predictability and consistency in international arbitration. After considering the reasons why such a rule does not and could not exist and why it cannot be applied to international arbitration as a whole, the article discusses the options available to increase predictability and consistency in the international arbitration system.

The Use of Language in International Business Law

Language in the context of the law can affect the ability of parties to participate and access justice, thus influencing sovereign equality and due process. With such implications, the choice of language in the law is one requiring significant reflection. The choice of law may also bring with it certain legal and cultural influences. This article explores the language of the law in different contexts. The use of language is the common thread throughout, affecting the law in a wide range of environments. It addresses five topics, each of which is the subject of substantive and extensive exploration and research in the academic papers of legal and linguistic experts alike. The article therefore provides an overview of the use of language in the practice of international business law.

Roundtable: Contract Enforceability in the Age of Covid-19

This ‘roundtable’ article analyses force majeure and the key aspects of enforceability across a number of jurisdictions, in the context of the Covid-19 pandemic. The jurisdictions featured are the United States; the United Arab Emirates; Brazil; Singapore; France; as well as English law.

The Impact of Brexit on Dispute Resolution: EU and UK Perspectives

The United Kingdom’s withdrawal from the European Union (Brexit) has brought about significant changes to international dispute resolution in the UK and, insofar as disputes have a UK nexus, in the EU. In particular, since the end of the transition period, the Brussels Recast Regulation, which provides, inter alia, for the free circulation of judgments between EU Member States, no longer applies in the UK. Neither does it apply in the EU to judgments rendered by UK courts. Similarly, the UK has lost its access to the Lugano Convention. As the EU-UK Trade and Cooperation Agreement does not include rules on private international law, many important questions for cross-border dispute resolution between the EU and the UK are now determined by other multilateral treaties (notably the Hague Convention on Choice of Court Agreements) and domestic private international law rules. This article discusses the impact of Brexit on the litigation and arbitration of commercial disputes from both EU and UK perspectives. In particular, this article considers the impact of Brexit on the following key issues: jurisdiction agreements and the enforcement of foreign judgments, choice of law and arbitration. The article analyses the changes brought about by Brexit to the legal landscape for dispute resolution and considers the consequences such changes may have for parties’ choice of law and forum.