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Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd)

By Samar Abbas. Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd)

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

Interview with Andrea Coscelli CBE, former CEO of the Competition and Markets Authority

In this interview, Andrea Coscelli CBE, former Chief Executive Officer (CEO) of the Competition Markets Authority (CMA) from 2016 until 2022, offers insight into the challenges he and the CMA faced, particularly following the 2016 Brexit referendum, in which the UK voted to leave the European Union. The interview also discusses how the CMA is protected from political interference, before Andrea delves into the difficult decisions he faced as CEO, and what he might do differently if he had the opportunity. The discussion considers the CMA’s portrayal as an aggressive enforcer and the emulation of the CMA in market investigations.

The endangered lawyer and the cost of independence

The IBA’s Annual Conference was fortuitous timing, coinciding with the anniversary of Mexican Independence and the inauguration of Mexico’s first female president, Claudia Sheinbaum, the following month. Mexico was a brilliant choice for the event, a true feast for the senses. This article provides an account of events at the Conference.

Recent English cases reaffirm certainty in contractual interpretation

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

Vietnam: IBAHRI and Geneva Bar condemn restrictive measures against human rights defender during Covid-19 quarantine

The International Bar Association’s Human Rights Institute (IBAHRI) and Geneva Bar Association condemn the reported abuse of Covid-19 quarantine measures against a human rights defender in Vietnam. On returning to the country on 26 March 2020, Truong Thi Hà was quarantined alongside other travellers as part of the Vietnamese government’s response to the Covid-19 pandemic.

IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City

The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).

Human rights news analysis - February/March 2021

IBA Global Insight February/March 2021.

IBA Global Showcase to take place 25-29 October 2021

Joint criminal enterprise in the Kosovo specialist chambers

In this article the authors discuss whether the KSC will follow the ICTY in interpreting article 16.1 of its statute to embrace the wide constructed liability of JCE III. They suggest there are good reasons why it should not: the terms of article 16.1 of the KSC Statute do not explicitly provide for JCE III. The ICTY Appeals Chamber read JCE III liability into article 7.1 of the ICTY Statute on the basis that it was ‘firmly established in customary international law’, yet JCE III has proved controversial a

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

Legal and business news from the IBA - October/November 2017

IBA Global Insight October/November 2017 - Debt concerns prompt greater scrutiny of China’s entrepreneurs, Global legal practitioners attend IBA Annual Conference in Sydney, Corporate accountability: US Supreme Court set to clarify alien tort statute, IBA and Arab International Women's Forum initiative, blockchain, tribute to Cherif Bassiouni

IBAHRI wzywa Polske do wycofania zarzutów wobec profesora prawa Wojciecha Sadurskiego

International Bar Association's Human Rights Institute - IBAHRI (Instytut Praw Czlowieka Miedzynarodowego Stowarzyszenia Prawników) potepia dzialania rzadu Rzeczypospolitej Polskiej podjete wobec profesora prawa Wojciecha Sadurskiego i wzywa do wycofania zarzutów…

IBAHRI condemns Samoan Government’s proposed legislation as a disruption of the rule of law

In an open letter to His Excellency Tuilaepa Aiono Sailele Malielegaoi, Prime of Minister of Samoa, the International Bar Association’s Human Rights Institute (IBAHRI) has urged the Samoan Government to reconsider proposed legislation that would alter the court system and subsequently undermine the rule of law and judicial independence in the country.

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.

IBAHRI calls on Poland to drop charges against law professor Wojciech Sadurski

The International Bar Association’s Human Rights Institute (IBAHRI) condemns the prosecution of law professor Wojciech Sadurski by the Republic of Poland’s Government, and calls for charges to be dropped.

IBAHRI urges Sri Lanka to abide by due process in the case of Mr Heejaz Hizbullah

In an open letter to Sri Lanka’s Minister of Justice, the Hon. Nimal Siripala de Silva, the International Bar Association’s Human Rights Institute (IBAHRI) has called upon the country’s government to abide by due process and uphold the rule of law in the case of Sri Lankan lawyer Hejaaz Hizbullah.