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Feb 17, 2023
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.
Influenced by the recommendations of the IMF, the World Bank and other similar institutions, lawmakers are progressively introducing various types of restructuring schemes aimed at assisting distressed businesses to restructure their assets and liabilities in order to restore long-term economic viability and avoid bankruptcy. Concepts such as “best-of-creditors’ interest test” or “absolute/relative priority rule” are paramount to define each legal scheme and assess whether or not creditors’ expected recovery ratios should be enhanced following the introduction of the schemes, the scope of protection offered to secured or preferred creditors, the chances of hold-out creditors blocking the restructuring, etc. The session intends to provide a roadmap to lawyers advising banks and other professional creditors on the intricacies of some model restructuring schemes.
IBA Annual Conference Miami 2022
Jul 08, 2025
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.
What are the client diversity expectations and how can we satisfy them?
This session will also address what actions are the best practices at various law firms to satisfy such client expectations in general, particularly in the finance sector.
38th IBA International Financial Law Conference
Jun 12, 2024
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 rise in concentrated ownership of publicly listed companies and the increasing prevalence of dual class share structures has sparked debate in the world of corporate governance. While these structures can help founders and insiders maintain control, they can also exacerbate problems and entrench management. Our panel will give an overview of the growing number of jurisdictions allowing the issuance of multiple-vote shares – departing from the ‘one share, one vote’ proportionality principle – and the impact that is having on our work including the importance of striking. The panel will also explore, the balance between attracting initial public offerings (IPOs) and protecting minority shareholders. Our panel will discuss the various factors which can influence the success of these structures including local factors such as market sophistication, legal protection for minority investors and private benefits of control.
9th Annual Corporate Governance Conference
Dec 04, 2025
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.
This panel will analyse recent transactions deemed to be carried out with conflict of interest, as well as the existing case law, focusing primarily on transactions involving controlling shareholders and companies, whether public or private, and the potential fiduciary liability risks associated with it. The discussion shall also cover the main economic aspects of public deals involving different types of securities with a special focus on the existing rules that require the calculation of exchange ratios for share deals. This panel will further analyse the enforcement of appraisal and/or withdrawal rights for minority shareholders.
Key developments in Latin American transactions and their financing; a look at the present and the future
Sep 27, 2023
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.
Global M&A and, more specifically, public securities transactions and buyout activity has slowed amid a shortage of debt financing caused by rising interest rates and banks’ reluctance to open their money taps. The unprecedented geopolitical and macro-economic volatility around the world − and hawkish interest rate moves – drove up financing costs and weighed down valuations. The number of leveraged buyout deals announced worldwide has significantly dropped, while the overall value of transactions has taken a hit.
This panel will discuss how acquirers are rethinking how they pull off large deals, and the challenges they have been facing in this restrictive environment, after such a contraction in global buyout activity, as the gap between buyer and vendor pricing expectations has widened, and securing debt to finance deals has also become more challenging and expensive. The panel will also tackle the perspectives for the future, taking into account any further changes in the economy and political scenarios that may affect positively deals in the pipeline.
The crossroads of international finance and public equity deals: New trends and financing bottlenecks
Nov 17, 2021
Together with the Association of Securitization Companies the authors have prepared and presented the Peruvian Superintendency of the Securities Market with a project to modify the regulations of the Institutional Investors Market so that said market would be open for the placement of asset-backed securities. This article details the background to the proposal.
In today's dynamic business landscape, the composition of boards plays a pivotal role in shaping organizational success. This session delves into the significance of diversity within boards, encompassing factors such as gender, ethnicity, age, and expertise. By embracing diversity, boards can enhance innovation, mitigate risks, and better serve stakeholders, ultimately driving sustainable growth and competitive advantage. Join us to unravel the transformative power of diversity in boards and unlock opportunities for organizational excellence.
39th IBA International Financial Law Conference
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
This workshop will focus on key trends in open-ended private funds, including hedge and hybrid structures. Participants will examine key terms and evolving strategies.
23rd Annual International Conference on Private Investment Funds
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