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

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.

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.

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.

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.

Recent developments in the laws relating to online gaming and online betting in India

As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom

Intercontinental champions and the case for reform

IBA Global Insight Aug/Sept 2019: In February, the European Commission blocked the merger between Germany’s Siemens and France’s Alstom, prompting renewed calls for reform to help industry compete on a world stage. Global Insight assesses the decision, the fallout and whether Europe should finally embrace its ‘champions’.

Online bets regime in Colombia

Online bets have become one of the most interesting and lucrative markets of the entertainment industry. Nevertheless, the private sector operation is highly regulated in Colombia.

Taiwan: IBA report on gender disparity in law shows women are underrepresented in senior roles

The latest research by the International Bar Association (IBA) Legal Policy & Research Unit (LPRU) into gender disparity in the law across the world is focused on Taiwan. The findings reveal that women are underrepresented at the top of the profession in…

Who Is A Friend? The Hong Kong Court of Final Appeal Delivers a Landmark Ruling

The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.

Mediation or conciliation? Singapore Convention and recent developments in China

Alongside mediation, conciliation and the Singapore Convention, this article addresses the lack of a uniform mediation Act and the rise of commercial mediation centres, and the future of commercial mediation.

Bullying and Sexual Harassment in the Legal Profession

The IBA's LPRU has published a report on the nature and prevalence of bullying and sexual harassment in the legal profession around the world, based on the findings of its extensive 2018 survey on the subject. It offers both observations and recommendations for action. The IBA hopes that the report will encourage law firms to revisit their policies and training for responding to and preventing bullying and harassment.

Patricia O'Brien Interview

Interview with Patricia O'Brien, UN Under-Secretary-General for Legal Affairs and Legal Counsel at IBA Annual Conference 2012, Dublin. Ms O'Brien shared her experiences and insights concerning global affairs and international law from her perspective as Under-Secretary-General and UN Legal Counsel. Followed by Q&A. The interview was conducted by former CNN anchor Todd Benjamin

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.

Historic justice - Sandra Day O'Connor

After graduating in 1952, Sandra Day O’Connor couldn’t find a law firm willing to give her a job. Nearly 30 years later, she was the first woman appointed to the US Supreme Court, a historic milestone for women’s rights. IBA Global Insight speaks to the former Supreme Court Justice who was at the centre of the controversial election of George W Bush.

Iran: Human rights organisations call for release of human rights lawyer, Nasrin Sotoudeh

Today, in an open letter to the Supreme Leader of Iran Ali Hosseini Khamene, the International Bar Association’s Human Rights Institute (IBAHRI), the Raoul Wallenberg Centre for Human Rights (RWCHR), the Center for Human Rights in Iran (CHRI).

Profile – Sandie Okoro, Senior Vice President and General Counsel at the World Bank

The outgoing World Bank Senior Vice President and General Counsel, Sandie Okoro, tells In-House Perspective about the importance of access to justice, diversity and her work to ensure the Bank leads the charge on tackling racism and inequality head on.

Profile: Samallie Kiyingi, Global General Counsel at Standard Chartered Bank

Global General Counsel for Corporate & Investment Banking at Standard Chartered Bank, Samallie Kiyingi, speaks to In-House Perspective about her career in banking and finance, the challenges facing general counsel and how law can be used as a tool for good.

Profile - Dana Hall, GC, Core Development Group

Dana Hall became General Counsel at Core Development Group, a major US solar energy company, just as the Covid-19 pandemic hit the United States. She tells In-House Perspective about adjusting to a new role during the onset of a pandemic, and how her in-house position allows her to focus on her passion for the clean energy sector and on climate solutions.

Profile: Karen Coppens, Global Head of Ethics at Crédit Agricole CIB

Karen Coppens, Global Head of Ethics and Special Adviser to the Chief Compliance Officer at corporate and investment bank Crédit Agricole CIB, speaks to In-House Perspective about her career in white-collar law and investigations, the challenges she has faced and why ethics and culture is important for business.

IBAHRI concerned over reports of harassment of Ugandan Supreme Court Judge

The International Bar Association's Human Rights Institute (IBAHRI) is concerned over reports of unfair and arbitrary treatment against the Republic of Uganda’s Supreme Court Justice, Dr Esther Kisaakye, following her handing down a dissenting judgment in a 2021 presidential election petition. Disciplinary...

Ghana’s Yorm Ama Abledu wins 2022 IBA Outstanding Young Lawyer Award

The 2022 International Bar Association (IBA) Annual Outstanding Young Lawyer Award recipient has been named as Ghana’s Yorm Ama Abledu, Senior International Attorney at Centurion Law Group and Lecturer at the University of Professional Studies, Accra (UPSA), for her demonstrable passion...

Profile – Vroukje van Oosten Slingeland, General Counsel, ING

Vroukje van Oosten Slingeland has worked for global financial institution ING, based in the Netherlands, for almost 15 years. She tells In-house Perspective about legal innovation at ING; reacting to the Covid-19 pandemic and remote working; and what her vision of the lawyer of the future looks like.

How a Professor of Islam was nicknamed ‘the Crucifix’

IBA Global Insight, Aug/Sept 2016 - As Amena Nosseir works to change ‘contempt of religion’ laws in Egypt, her maverick reputation is starting a free speech debate across the Middle East

The Common Heritage of the International Arbitration Community: An IBA Arb40 Competition for the Most Meaningful Personal Stories

This competition gathers ten meaningful stories about our experiences as international arbitrators in a unique compendium, available for download.

State capture in Angola

The age-old story of grotesque corruption, state capture and Western complicity has repeated time and time again across Africa for generations. The latest revelations about Angola are simply another abject example of rule of law failure.

Human rights news analysis - October/November 2020

IBA Global Insight October/November: Death of Justice Ruth Bader Ginsburg spurs battle for civil rights; IBAHRI calls for release of Belarusian prisoners, urges Iranian authorities to release lawyers and opposes crackdown on dissent in Zimbabwe; Media Freedom Panel supports Clooney's resignation as UK Special Envoy on Media Freedom; Assange extradition would threaten freedom of expression; Statement on trial of Khashoggi killers; In memoriam: George Bizos; Covid-19: use of face masks raises health questions

Preventing and defending discrimination claims

As the world of work changes and global best practices become mandatory, workplace fairness, equality and inclusion are important goals for every employer to pursue. Workplace discrimination occurs when an employee/individual is adversely discriminated against on account of race, colour, religion, sex, disability or genetic information. Using Nigeria as a reference, this article examines the boundaries in preventing and defending discrimination claims.