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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.

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

Report from the IBA Automotive and Mobility Services Conference

We were happy to see 110 participants in Munich on 27 March, in the unique location of Upside East for a day of discussions concerning the very challenging times that the automotive industry is now facing. Attendees had a chance to ease into the conference at the welcome cocktail which took place the evening before and it was good to see many familiar faces showing that the conference is becoming a familiar item on the IBA calendar.

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.

Ontario’s Immigrant Nominee Program

This article outlines the eligibility requirements and types of approvals made under Ontario’s Immigrant Nominee Program.

Navigating Mexico’s 2020 tax reform in the context of US investments for high net worth individuals

In this article, the authors discuss the myriad of changes to Mexico‘s entity classification rules and controlled foreign corporate (CFC) regime. Such changes potentially affect Mexican resident individuals that have elected to use offshore limited partnerships to conduct their investments in ‘US situs assets’. Mexican resident individuals investing through these vehicles may face different income tax rates, different income characterisations and disclosure requirements.

La International Bar Association manifiesta su gran preocupación por la celeridad con la que México impulsa una reforma del poder judicial de largo alcance

El Presidente de México ha presentado una iniciativa legislativa denominada “Reforma Judicial”. La propuesta es de largo alcance e incluye la elección por voto popular de ministros de la Suprema Corte de Justicia de la Nación, de jueces y magistrados federales, la reducción de su…

IBA European Regional Forum annual retreat

Over the course of 16–18 May this year, the IBA European Regional Forum Officers, Council Members and Advisory Board Members held their annual retreat in sunny Santorini under the hospitality of gracious host and colleague Panagiotis Drakopoulos and Drakopoulos law firm who ensured that the event, dubbed ‘THE BIG RETREAT’, went off without a hitch.

Session report two: IBA Annual Conference in Mexico City

A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.

Using the practice of law to facilitate change and to accelerate a just transition

A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.

The Covid-19 pandemic and the institution of ‘change of circumstances’: a Portuguese overview

The crisis caused by the Covid-19 pandemic has renewed interest in the need for legal and contractual mechanisms that promote the adjustment of contracts in the event of unforeseeable and abnormal circumstances.

The Municipal Tax Harmonisation Agreement in Venezuela and recent decisions of the Supreme Court

The purpose of this article is to provide an overview of the main aspects that served as a starting point for the ‘Municipal Tax Harmonisation Agreement’ in Venezuela, presented by the Vice President of the Economic Area with governors and mayors, in compliance with the mandate given to them by the Constitutional Chamber of the Supreme Court of Justice in judgment No 0078 dated 7 July 2020.

LGBTQIA+ rights in South Africa

The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.

Creating and implementing a diversity and inclusion strategy for the law firm – IBA Annual Conference Paris, 31 October 2023

In this session, Antonia Verna and Pavla Prikrylova presented the European Regional Forum Diversity & Inclusion Working Party with the Diversity and Inclusion Toolkit for Lawyers. The Toolkit was developed by the International Bar Association (IBA) to provide law firms with an action plan to embed the core principles of diversity and inclusion into their organisations.

The International Bar Association expresses its great concern about the speed with which Mexico is promoting a far-reaching reform of the judiciary

Mexican President Andrés Manuel López Obrador has presented a legislative initiative entitled ‘Judicial Reform’. The proposal is far-reaching and includes the election by popular vote of ministers of the Supreme Court of Justice of the Nation, federal judges and magistrates in addition to the…

Corporate greenwash risks and ESG

With the rapid growth of sustainable products and investments, the pressure for genuine corporate sustainability has intensified. Increasing investor scrutiny and accelerating climate breakdown and biodiversity loss, for example, play a part in this. In-House Perspective explores whether increased awareness owes as much, however, to reactions to the rising tide of ‘greenwash’ – when corporations make misleading claims about their green credentials.

Achieving net zero: a key role for digitalisation and open data

This article examines the Future Energy Scenarios set out in the National Grid ESO’s recent report, with a particular focus on the role of digitalisation and open data in achieving net zero in the UK by 2050.

Covid-19’s impact on Spanish family law

Government Decree RD-Law 463/2020, dated 14 March 2020, declared a State of Emergency to deal with the Covid-19 health crisis. It adopted a series of measures relating to limiting peoples’ movements, as well as constraining Spain’s social and economic activities.

The impact of remote working on women in the workforce

A webinar presented by the IBA Women Lawyers’ Interest Group, 25 September 2020, 1500 – 1600 BST

IBAHRI's torture-prevention work in Brazil

In spring 2018, the International Bar Association's Human Rights Institute (IBAHRI) and the Anti-Torture Initiative (ATI) reached the milestone of conducting tailored programmes in all five regions of Brazil on torture prevention and implementing the Istanbul Protocol. The IBAHRI has worked in Brazil since 2010 to support the country in its commitment to eradicate torture as part of its obligations under international law

Fighting homophobic language in sports: an ongoing challenge

Homophobic language in the field or court remains a rampant reality in the sports scene worldwide. Therefore, it is of paramount importance that all jurisdictions pass explicit and specific legislation addressing, prohibiting and sanctioning hate, violence and intolerance in sports in general, and homophobic conduct and slurs specifically. This paper shall essentially be centered around a draft bill being reviewed by the Uruguayan Parliament, as a recent and comprehensive example to follow.

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.

The legal obstacles to clean energy

In the second part of this feature, Global Insight assesses the legal issues associated with clean energy as countries pivot to renewables in response to the climate crisis.

The legal obstacles to clean energy

In the second part of this feature, Global Insight assesses the legal issues associated with clean energy as countries pivot to renewables in response to the climate crisis.

On the passing of Pope Francis – a message from the International Bar Association

The IBA expresses its deepest condolences on the passing of His Holiness the Pope. His unwavering commitment to justice and the dignity of all people resonated far beyond religious boundaries and inspired those in the legal profession across the globe.

Customs law conversations: practitioners talk to practitioners, episode two

In this podcast, Nico Ooyevaar, Vice-Chair, IBA International Trade and Customs Law Committee, and partner at McMan & Co, discusses the Vision Research Europe vs Dutch Customs case with Yves Melin, Publications Officer, IBA International Trade and Customs Law Committee, and partner at Reed Smith.

Customs law conversations: practitioners talk to practitioners, episode one

In this podcast, Alvaro Castellanos Howell, Co-Chair of the IBA Poverty and Social Development Committee, talks to Hugo Beteta, Director of the Economic Commission for Latin America and the Caribbean (ECLAC). Mr Beteta discusses the impact of the Covid-19 pandemic on Latin American and Caribbean countries, the difference between poverty and inequality, and the recommendations made by ECLAC on the eradication of poverty.

Professor John Ruggie on business and sustainability

In this LPRU podcast, Professor John Ruggie, the author of the UNGPs speaks to Sara Carnegie, Director of the LPRU and Maria Pia Sacco, Senior Project Lawyer, to discuss the impact of the UNGPs and future developments in the area of business and sustainability.

Torture prevention in Brazil - watch video

News release, Tuesday 12 November 2018. The International Bar Association’s Human Rights Institute (IBAHRI) has released a video on torture prevention in Brazil in which local stakeholders and international experts provide opinion about the historical background of torture in the country, and the current challenges for its prevention and prosecution. The video also illustrates how the work of the IBAHRI is contributing to strengthening Brazil’s capacity to uphold its national and international commitment

Enforcement tools and approach in a new era

Increased economic volatility, healthcare emergencies and the rise of digital markets have all challenged the enforcement tools and approach of competition authorities globally. Successive economic shocks have required greater speed in responding and finding solutions to protect consumers. The Competition Commission of South Africa (CCSA) has used the active monitoring of critical markets, firm-level advocacy, guidance on the boundaries of acceptable conduct, accelerated investigations and consent agreements to correct behaviour rather than litigation. Examples are provided in price gouging, food markets, polymerase chain reaction (PCR) testing and airline exits. Speed is also considered important in digital markets, and given the ecosystems that characterise many digital markets, market inquiries are increasingly seen as a more effective tool to address features that adversely affect competition, along with tackling value chains in traditional markets.