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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.

IBA Aviation Law Committee: 2024 Annual Conference summary

A summary of the IBA Aviation Law Committee’s activities at the IBA Annual Conference in Mexico City from 15–20 September 2024.

‘Lawfare against justice’

The war in Ukraine has brought an awareness of the extremely dire consequences of corruption. Global Insight examines the dangers of leaving legal systems open to abuse by the rich and powerful

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

Preparing for the next pandemic

The impact of the Covid-19 pandemic is still reverberating across multiple areas of law, from procurement to employment. Global Insight assesses how the experience will prepare us – and the law – for future pandemics.

Sports and ethics – IBA Annual Conference Paris, 2 November 2023

In this session at the IBA Annual Conference in Paris, a group of experts from various backgrounds addressed topics such as doping, bribery, governance and social responsibility, and offered a comprehensive examination of the complex issues plaguing the world of sport.

Spectrum management issues towards the deployment of 5G in Chile

By Alfonso Silva and Matías Osses. Spectrum management issues towards the deployment of 5G in Chile.

Becoming a managing partner

By Apisith John Sutham. Becoming a managing partner - Law Firm Management Committee newsletter article, February 2020

Biden administration tax priorities: prospects for enactment

This article reviews the electoral developments that resulted in Democratic control of the White House and legislative branches, outlines the Congressional pathways for enactment of tax legislation, overviews the tax priorities of the Biden administration and comments on the prospects for enactment of tax legislation.

The impact of the Covid-19 pandemic on production sharing contracts in Nigeria

This article discusses the impact of the Covid-19 pandemic on the Nigerian oil industry by presenting the current situation and comparing it to other states in the same region.

Practical guide on the preferential tax regimes available for individuals moving their tax residency to Greece

Since the end of 2019, Greece has been on list of countries that have enacted favourable tax regimes, designed to attract individuals to move their tax residence to the country. These regimes are the non-dom tax regime, the foreign pensioner’s tax regime and the employee and self-employed regime, known as 5A, 5B and 5C regimes, respectively, as per the corresponding articles in the Income Tax Code, which introduced them. This article provides an overview of the most important features of each of these tax regimes, considering the most recent amendments and administrative interpretations since their enactment.

IBAHRI condemns Russia’s military invasion of Ukraine and urges the immediate suspension of Russia’s membership of the UN Human Rights Council

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the ongoing and unjustified military invasion of Ukraine, a sovereign state, by the Russian Federation, as a flagrant violation of international law.

Enforcement of security interests and repossession of aircraft in Norway – a brief practical note

This article outlines the legal position of enforcing security interests and repossessing aircraft in Norway, and to lenders who have a security interest in such aircraft.

Crude awakening

IBA Global Insight, Aug/Sept 2016 - A year ago, Global Insight assessed the impact of volatile energy markets, asking ‘what if the price of oil stays low?’ Here, we explore some of the answers, including how the sector’s response to the short-term shock could turn out well in the long run

Simplified proceedings in China: statistics, trends and implications since 2014

In mid-2014, China introduced a simplified proceeding for mergers that are not expected to harm competition or change the market structure in China. This is the ‘fast track’ merger review process, which is similar to the ‘short form’ proceedings in the European Union and other jurisdictions. In China, the simplified proceeding will apply where transactions that meet at least one of six criteria.

ESG Survey 2024 – analysis and discussion

The third consecutive annual survey conducted by the IBA Law Firm Management ESG Subcommittee.

The lasting legacy of the ‘Big Lie’

From Ohio to Wisconsin, legal warfare is wreaking havoc on American democracy. Global Insight examines how elections themselves have become a rule of law battleground.

Arbitrations with state entities in the port and transportation sectors in Brazil: new developments

By Sergio Nelson Mannheimer and André Luís Monteiro. Arbitrations with state entities in the port and transportation sectors in Brazil: new developments, March 2020

Opening speech: Michel Barnier

Michel Barnier, former Brexit Negotiator for the EU, addressed the opening ceremony of the IBA Annual Conference with a speech drawing upon his unwavering confidence in the strength of a united Europe.

Recent fiscal changes in Nigeria’s oil and gas sector

This article analyses the royalties that upstream companies operating in the deep offshore are now required to pay, particularly upstream companies who operate at water depths of greater than 1,000 metres. It explains what upstream companies will have their contracts reviewed as a result of stabilisation clauses in their agreements, and the reason why some IOCs will not have the same benefit. It also examines the introduction of the payment of withholding tax on dividends of shareholders

Looted art: good practices and new trends in ensuring restitution

Where international conventions and European laws often fail in achieving restitution, good practices adopted by states in diplomatic and bilateral relations are reaching this goal in many cases.

The interplay between the Cape Town Convention and insolvency law when a private airline company undergoes liquidation in India

The juxtaposition of India’s insolvency law and the Cape Town Convention has faced rigorous examination subsequent to Go First's recent insolvency petition. This article delves into the nuances of the Go First scenario, scrutinising how India’s National Company Law Tribunal's acceptance of the insolvency petition under Section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC) conflicts with the rights of aircraft lessors under the Cape Town Convention (CTC).

Russia’s shadow fleet: a growing threat

In response to restrictive Western sanctions, Russia has built a shadow fleet to transport its oil. Global Insight assesses tactics used by the vessels to avoid detection and efforts by authorities to counter the fleet.

Corruption in Quebec’s construction industry: cleaning the Augean stable

Sharon Vogel and Emira Bouhafna provide a brief overview of Canada’s legislative regime in respect of bribery and corruption, summarise some of the key findings of the Charbonneau Commission and analyse the legislation introduced to date to implement the Charbonneau Commission’s recommendations.

Foreign merger control in Nigeria

The Federal Competition and Consumer Protection Act (the ‘Act’ or FCCPA) is the principal legislation governing mergers and acquisition in Nigeria since its enactment in 2019. The Act has essentially established the framework for the regulation of competition and antitrust issues in Nigeria under the supervision of the Federal Competition and Consumer Protection Commission (the ‘Commission’ or FCCPC). The FCCPC, pursuant to the powers contained in the Act, has established rules and regulations for foreign mergers in Nigeria.

Stateless in country of birth: the seven-year pro bono legal journey to vindicate the right to statehood

This article traces the seven-year journey of two siblings to achieve registration of their births and citizenship. Names used with permission from clients. 

Tax benefits for foreign investors in the Brazilian stock market

The Brazilian stock market had been severally affected by the pandemic. However, Brazilian economic potential can’t be ignored, especially by foreign investors, who enjoy the benefit of capital gain in the Brazilian stock market being excluded from the calculation of income tax.

ESG Survey 2024 – analysis and discussion

Less than half (43 per cent) of law firms actively monitor and prepare for environmental, social and governance (ESG) developments for their own operations, which is down by almost a fifth (62 per cent) in two years, according to a recent survey conducted by the International Bar Association’s (IBA) Law Firm Management ESG Subcommittee.

Russia sanctions: UK government underestimating value of strong enforcement

The UK’s civil sanctions enforcement agency has opened investigations into at least 52 suspected breaches of Russian oil sanctions