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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.

China bets on its Silicon Valley

IBA Global Insight Dec 2016/Jan 2017 - The Shenzhen-Hong Kong Stock Connect, due to launch by the end of this year, is a clear move to entice more foreign investors to China’s domestic capital markets. The new scheme will include direct access to the country’s ‘new economy’ companies.

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

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.

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.

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.

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.

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.

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’.

Game On: How the Right of Publicity, Legalised Gambling and Fair Pay to Play Laws Are Changing US Professional & Amateur Sports

Game On: How the Right of Publicity, Legalised Gambling and Fair Pay to Play Laws Are Changing US Professional and Amateur Sports

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

Digital economy: credit card ban presents tougher environment for gambling companies

The Gambling Commission – which regulates gambling in Great Britain – announced in January that gambling businesses will be banned from allowing British consumers to gamble using credit cards from mid-April. The move follows a public consultation and is representative of the increasingly hostile environment for gambling companies in the UK.

IBA Global Insight - Dec 2016/Jan 2017

IBA Global Insight, Dec 2016/Jan 2017 - features and articles on drones and the law, financial crisis, Turkey in turmoil, David Anderson QC, UK Independent Reviewer of Terrorism Legislation, gene editing, human rights in Egypt, developments in Colombia and Chinese economy. Plus legal and business, and human rights news from the IBA

FIFA 2022 World Cup: Qatar’s preparation and legislation

FIFA 2022 World Cup: Qatar’s preparation and legislation.

The metaverse and the evolution of the workplace

The metaverse is an unknown space, with endless possibilities. Technology is changing the way we see the world and, therefore, impacting the workplace and providing a new way of working no matter where we are.

Tax regime for virtual digital assets: boon or bane for the crypto industry?

India has recently provided a framework for the taxation of crypto assets. The move has been appreciated by the industry; however, in the authors’ view, the regressive tax policy adopted may do more harm than good.

The Sun Yang doping arbitration case: a commentary from the perspective of due process of administrative law

The Sun Yang doping arbitration case: a commentary from the perspective of due process of administrative law-China Working Group

Pandemic raises spectre of fraud and bribery risks

Corporate fraud increases during any economic downturn, and the chances of it occurring when the usual people, protocols, and controls in place to raise the alarm are not on site to check makes it ever more likely. Neil Hodge explores what the pandemic has meant for corporate fraud and bribery risks.

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.

Being a young partner or a senior associate in times of Covid-19: first sacrificial offering - or big opportunity?

Major law firms are preparing or adopting drastic measures to shore up their finances and mitigate the economic impact of the Covid-19 pandemic.

Global Insight - 2016 Archive

Global Insight - 2016 Archive

Global Insight - 2017 Archive

Global Insight - 2017 Archive

M&A in Latin America

Report on the joint session of the Corporate and M&A Law Committee and the Latin American Regional Forum at the IBA Annual Conference in Miami

Focus on America: new lawsuits allege President accepted foreign benefits through business empire

The word most frequently looked up on Merriam-Webster.com the week of Donald Trump’s swearing-in was ‘emoluments.’ It will surely have spiked again from, mid-June, as two new lawsuits alleged the President has routinely accepted foreign benefits through his business empire in violation of the murky constitutional directive that he must not ‘without the Consent of the Congress, accept any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.’

Technology: US authorities survey AI ecosystem through antitrust lens

Antitrust authorities in the US are targeting the new frontier of AI for potential enforcement action