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From 'think before you speak’ to 'think before you WhatsApp': the validity of WhatsApp and other electronic messages as evidence before Dubai courts

The current era of technology and reachable-everywhere-and-anytime lawyers imposed its rules. This wide adoption of instant messaging in some of the Middle East jurisdictions, including the UAE, has been encouraged and regularized by legislation and court decisions that afforded validity and evidentiary weight to instant messaging and electronic communications on equal footing with conventional means of communication and written documentation.

The evidentiary value of WhatsApp and SMS screenshots and ordinary emails in the Italian legal system

This paper assesses the evidentiary value of WhatsApp and SMS screenshots – and, by analogy, ordinary unsigned emails – in Italian civil litigation. Courts treat such communications as ‘mechanical reproductions’ under Article 2712 of the Italian Civil Code, giving them full probative effect unless their conformity is specifically disavowed. The paper summarises the impact of disavowal and the main routes to prove authenticity (verification proceedings, court-appointed forensic analysis, presumptions, and witness evidence), and briefly discusses their use to support applications for payment orders and, in stricter cases, provisionally enforceable injunctions.

The trajectory of China’s VAT legislation: major changes to draft VAT Law proposed - China Working Group

The trajectory of China’s VAT legislation: major changes to draft VAT Law proposed. Grace Lin

The China International Commercial Court (CICC): A New Chapter of Resolving International Commercial Disputes in China

Of all the national judicial efforts devoted into the promotion and construction of China’s Belt and Road Initiative (BRI), the creation and establishment of China’s International Commercial Court (CICC) by China’s Supreme People’s Court, China’s apex court to hear commercial disputes, is undoubtedly a milestone measure that will eventually upgrade and integrate China’s dispute resolution mechanisms for international commercial disputes.

IBAHRI highlights attacks against lawyers in China, Philippines, Saudi Arabia and China at Human Rights Council

On 1 July 2019, the IBAHRI, Lawyers’ Rights Watch Canada and Lawyers for Lawyers delivered an oral statement during the 41st UN Human Rights Council session concerning attacks against lawyers in China, Philippines, Saudi Arabia and Turkey. The statement urged the Council to insist that these States halt the violations and uphold human rights or face suspension from membership. It also called for the establishment of an independent investigation into human rights violations in the Philippines.

Compliance requirements and regulatory trends in cross-border transfers of personal information in China - China Working Group

By Charles (Xuchao) Feng. Compliance requirements and regulatory trends regarding the cross-border transfer of personal information in China

Article 13(2) of the Agreement between China and Pakistan for the avoidance of double taxation - China Working Group

By Yousaf Amanat. Interpreting article 13(2) of the Agreement between China and Pakistan for the avoidance of double taxation.

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 climate pledge

China has made a landmark pledge to reduce its economy-wide net greenhouse gas emissions by seven to ten per cent by 2035. Global Insight examines the implications and how China can be held to this commitment.

Re-assessing China

Through the early part of the 21st century, China’s economy has seen relentless growth. Now, a slow-down, the pandemic and various geopolitical issues is are forcing international law firms to rethink their strategies.

China’s worst excesses

Over the past year, the Uyghur Tribunal in London has broken with tradition by hearing evidence of an alleged genocide while the atrocity is said to be ongoing. As the Tribunal prepares to hand down its judgment on whether China is committing genocide against ethnic minorities in Xinjiang, Global Insight reviews the proceedings.

China’s economic future

Podcast: China’s economic future The Chief Economist at Deloitte China, Sitao Xu, considers China’s manufacturing and trade ambitions and it’s more prominent role in the global economy. With many observers pointing to a significant shift in global economic power from America to China, Xu assesses China’s economic performance today. He also offers insight into key initiatives such as Made in China 2025, designed to make China a manufacturing powerhouse, and the trillion dollar Belt and Road strategy

Asia: China trade

IBA Global Insight, February/March 2016. Chinese e-commerce giant Alibaba is taking action to reduce the number of counterfeit goods on its sites. As the company looks to expand internationally, gaining the trust of major retailers will be key to driving success.

Testing confidence in China

With the cost of doing business in China increasing, the confidence of foreign business leaders has been dented.

China: the fragile superpower

Podcast: China's ambition and growth over the past two decades has been well documented, but what lies ahead? This podcast explores shifts in China's economic model, trade and technology, and assesses the potential impact of human rights and other issues on the country's development.

Podcast: US-China trade

Podcast: Former US Trade Representative Michael Froman assesses America’s world trade priorities and the growing influence of China. Froman considers the trading void in the Asia-Pacific following the US withdrawal from the Trans-Pacific Partnership and the priorities of the Trump Administration. He also analyses the investment future of Europe and the UK in light of Brexit. Froman served from 2013-2017 under President Barack Obama.

China spreads its wings

IBA Global Insight Feb/March 2017. As some economies adopt a protectionist approach to trade, China is doing the opposite. A recent $295m acquisition in Australia of land twice the size of Belgium is the latest example of the country expanding its trade and investments worldwide, presenting itself as a responsible global leader.

China misses out again

IBA Global Insight, Aug/Sept 2016 - The inclusion of China’s domestic shares on the widely followed MSCI index for emerging markets has been rejected again. The delay is likely to continue until the country pushes through capital markets reforms and is more transparent

China's war on pollution

IBA Global Insight April/May 2016 - China’s new environmental protection law, in force for just over a year, is helping in the country’s fight against pollution. It also highlights problems in environmental law elsewhere in the world, and how they may be resolved.

IBA China Working Group

China targets high-quality growth

China has prioritised financial reform as it makes the shift from fast growth to more sustainable and greener economic development. Global Insight assesses what the changes mean for foreign companies and their advisers.

China's role in the world

From Europe to the Pacific Ocean, China’s playing an ever-greater role in the world. Having deepened its strategic alliance with Russia, China's position on the Ukraine conflict is watched closely. Meanwhile, observers speculate as to what action it might take towards Taiwan. Democratic countries are also taking further steps to counter Chinese power in the Asia-Pacific region, which is being undermined by its Zero Covid policy.

China’s repression of ethnic minorities

While the authorities in Beijing refer to ‘re-education’ and countering terrorism, the growing suppression of the Uighurs in Xinjiang province mirrors a troubling country-wide assault on human rights.

China’s design for human rights

President Xi’s China is now a major player at the United Nations, supporting peacekeeping operations and emphasising global cooperation to protect human rights. But there are fears that China’s more active role could erode multilateral intervention and even lead to the demise of international human rights laws.

China emerges from the shadows

IBA Global Insight, June/July 2018 - An urgent crackdown on China’s shadow banking market highlights a major risk to global fi nancial stability. The most toxic parts may have been tamed, but regulators remain cautious.

China cuts down its entrepreneurs

IBA Global Insight February/March 2018 - A crackdown on business tycoons and restrictions on outbound foreign investment signal an end to China’s global spending spree, with the private sector now seen as a threat to the control of its economy.

World trade - US v China

IBA Global Insight June/July 2017 - Following the recent summit between American President Donald Trump and China’s President Xi Jinping, Global Insight considers the reversal on protectionism and free trade, assessing the potential for a major trade war between the two global superpowers.

China’s reaction to the crypto frenzy

This article explores the impact of cryptocurrency on the payments industry and the traditional financial system from a national currency perspective, while shedding light on China’s policies and position on the matter.

United States hands initiative to China

The Trump administration’s trade war and withdrawal of the US from world leadership presents China with a major opportunity. Global Insight assesses how it’s responding.

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.