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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.
Litigating in the Middle East
Dec 04, 2025
This article analyses the regulatory challenges faced in regard to the treatment of rare and orphan diseases in Peru, highlighting recent legal advances, such as the enactment of Law No. 29698, its regulatory framework and Law No. 32319. Key issues involving the new accelerated procedure for the sanitary registration of products for the treatment of rare diseases are examined, as well as challenges related to financing, research and data management. The implementation of certain mechanisms, such as the reliance model adopted by the General Directorate of Medicines, Supplies and Drugs (La Dirección General de Medicamentos, Insumos y drogas or DIGEMID), is emphasised as a strategic step towards improving patient access to high-cost treatments and strengthening regulatory efficiency.
The ethics of criminal defence in international trials
Jun 09, 2024
In the Chinese legal system, provisions addressing commercial bribery are dispersed across various legal instruments and judicial interpretations. Among the different legal authorities in China, the core provisions guiding anti-corruption can be found in the Anti-Unfair Competition Law and its draft Amendment (issued in 2022 and still open for public comment); the Criminal Law of China, along with its amendments; and the Supervision Law of China and its accompanying regulations for implementation.
Foreign direct investment screening in Central Europe – what can investors expect?
Apr 22, 2022
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.
Anti-corruption law and policies: the future for Ukraine
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
During the past decade, the Food industry has been under constant transformation. From climate change to consumer awareness and a pandemic, the sector faced variations that tested its resilience and innovation ability. With increased interest in plant-based options, sustainable food production, and consumer health concerns with affordability, disruptive technologies are emerging.
Our panel aims to discuss how those trends and standards for increased transparency and safety will reflect in new regulatory and post-market realities.
9th Annual IBA World Life Sciences Conference
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.
Merger control: the latest developments in gun-jumping in the Americas
Jun 02, 2021
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.
Amid a rapidly evolving ESG landscape, regions around the world are navigating shifting standards, regulatory frameworks and market pressures. Panellists will examine how recent global trends, such as the rise of mandatory climate disclosures, supply chain due diligence laws and growing anti-ESG sentiment in certain markets are shaping policy approaches and creating both alignment and friction across jurisdictions. The discussion will provide insights into regional challenges, from divergent regulatory philosophies to enforcement gaps, while assessing the influence of major regulatory blocs and emerging markets on the future of global ESG standards.
ESG: the Brussels Effect at a crossroads
In many jurisdictions, lawyers sit on boards of directors as non-executive directors, independent directors or as representatives of one or more shareholders.
In this session, experienced lawyers and industry representatives will debate the roles and duties of a lawyer sitting in the boardroom, and will answer:
- Should they be an entrepreneur, a trusted advisor or a related party?
- What duty of care, diligence and specific competence is required of a lawyer in a boardroom?
- Does a dual set of (conflicting) obligations apply to a lawyer?
- What is the role of the lawyer in the ESG debate?
These and other challenging issues will be addressed in this interactive session, featuring different perspectives and experiences.
6th IBA Global Entrepreneurship Conference: The Netherlands – sailing the seas of global innovation
In this interactive session we will analyse trends, coverage and regulatory issues of this increasingly popular instrument in M&A and other transactions. We will discuss with leading industry players, including insurers, brokers and private practitioners representing the various parties involved, which are the main aspects to be considered: types of policies, pricing, expected coverage and exclusions, underwriting process, claims notices and procedures and all relevant process matters any private practitioner should be aware of when advising its client
IBA Annual Conference Paris 2023
Key topics:
1. Recognition and enforcement of foreign judgements in the GCC
Processes and challenges in enforcing foreign judgements.
2. Tracing and recovering assets in cross-border disputes
Legal tools and practical steps for international asset recovery.
3. Interim measures in support of domestic and international proceedings
Examining the effectiveness of freezing orders, injunctions, and other interim measures in international litigation.
4. The effect of sanctions on the above
Litigating in the Middle East
This session will examine the different litigation and mediation approaches and strategies in resolving shareholder disputes, and consider the advantages and disadvantages of each. The presentations and discussion at the session will consider the extent to which the two dispute resolution methods can be combined in the context of shareholder disputes to bring about an efficient resolution. Shareholder disputes may be uniquely suited to use of a combined method.
IBA Annual Conference Mexico City 2024
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This panel will discuss the evolving equation between GPs and LPs in the context of current economic conditions, market trends, and regulatory changes, including how these factors are potentially reshaping the priorities and strategies of LPs and GPs. Issues to be covered will include:
- Evolving market and regulatory dynamics and their impact: are these factors aligning priorities and strategies of GPs and LPs?
- Transparency, reporting and ESG: is there a mismatch of expectations?
- Alignment of interests: myth or reality?
- Continuation vehicles: strengthening long-term partnerships and resolving conflicts of interest.
- Handling downturns: GP and LP perspectives – does it make or break relationships?
- Strengthening GP-LP relationships: exploring new emerging themes that can help build a strong relationship.
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34th IBA Global Challenges and Opportunities for the Asset Management Industry Conference
Freedom of speech as it is guaranteed by Article 19(1)(a) of the Constitution of India on the one hand gives protection to children, vulnerable adults and upholds the intrinsic right to privacy.
On the other hand, much of our information and misinformation is put up on social media, online platforms, bulk messaging services, etc. The session will explore the importance of these sources of information; the need to protect these sources; the right to freedom of trade and profession; which of these rights is to be protected more; and where the balance lies.
Fourth IBA India Litigation and ADR Symposium
Speakers from both inside and outside the legal industry will share best practice recommendations on implementing D&I policies and integrating these into operational culture. The session will offer practice guidance on managing difficult scenarios and also provide first-hand experiences of implementing the Diversity and Inclusion (D&I) toolkit for law firms, which was launched at the IBA Annual Conference in Paris 2023.
IBA Annual Conference Mexico City 2024
Law firm leaders, in-house counsels and D&I experts will lead a discussion on the importance of diversity and inclusion in the legal profession and on the opportunity (or not) of designing and implementing diversity and inclusion policies in law firms. The IBA project consisting in drafting of a global D&I toolkit for law firms of different sizes across the various jurisdictions will be presented.
After a brief overview of the key elements of the IBA D&I toolkit, a discussion will be encouraged on the following topics: (i) the main challenges that law firms may face when implementing diversity and inclusion policies, (ii) how law firms can ensure that diversity and inclusion is not just a checkbox exercise, but rather a true commitment to creating a more equitable workplace, (iii) what steps law firms can take to guarantee that diversity and inclusion remains a priority in their organization, (iv) how law firms can "sell” their diversity and inclusion efforts to clients, and what benefits this can bring to them.
IBA Annual Conference Paris 2023
- 1.Impact of European Data Laws on USA and Asia
- 2.Cybersecurity and AI (AI and cybersecurity risks and regulation/tech policies)
- 3.What's hot in the USA
- 4.Copyright ownership for AI generated content
- 5.Patentability of inventions created using AI tools
- 6.IP infringement involving digital or virtual goods (in online games etc)
- 7.Cross-border M&A: navigating regulatory and compliance hurdles
- 8.Structuring earnouts and navigating employee equity in startup Acquisitions
- 9.Strategic vs. financial investors: the impact on startups in VC / PE deals
IBA 6th Silicon Hills Conference – the Tech Epicentre of Texas: from Start-Up to Exit
Consisting of four sessions over two days, these very dynamic and well-attended sessions enable you to select from a menu of hot topics in the IP, private M&A and technology sectors and participate in roundtable discussions.
Topics of current interest are selected to stimulate a lively debate. Moderators on each table introduce the table topic and the participants do the rest. Background knowledge or experience within areas for discussion is not required. Our menu will include hot and 'late breaking' topics in the areas of intellectual property law, internet law and mobile technologies, privacy and data protection, technology and contracting.
Discussion is usually around the interface of law, business, technology and culture, with a global focus. Many topics for discussion are often the subject of considerable public and media interest. In participating in the table topics, you will gain a deeper insight into these areas and be able to add your own comments.
The format is interactive networking. The sessions will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them; don't forget your business cards, e-cards and contact details to share. We welcome new participants in these discussions.
Participants should select two round table topics per session with 25 minutes at each table.
Topics include:
1. IP in the metaverse and beyond
2. Going green – protecting and encouraging green technology innovation with IP
3. New framework for transatlantic data transfers
4. Navigating the dynamics of cyber risk landscape in M&A transactions and beyond
5. Incentivising employees – retention following mergers
6. Fundraising structures for start-ups
7. Fashion and beauty – best strategies for protecting fashion designs in US, Europe and Asia
8. Technology and IP litigation at what cost? A discussion of insurance coverage for legal fees and litigation funding (supportive or trolls in sheep’s clothing?)
9. Impact of DSA on US firms
10. Cloud contracting for the public sector - overcoming doubts and legal challenges
11. Emerging litigation and regulatory risks in crypto
12. Corporate structures for start-ups – the Delaware Flip or not?
13. Out of this world! – trademark protection in outer space
IBA 5th Silicon Beach Conference: From Start-Up to Exit
The same topics from session one will run again, please select another two topics to join.
1. IP in the metaverse and beyond
2. Going green – protecting and encouraging green technology innovation with IP
3. New framework for transatlantic data transfers
4. Navigating the dynamics of cyber risk landscape in M&A transactions and beyond
5. Incentivising employees – retention following mergers
6. Fundraising structures for start-ups
7. Fashion & beauty – best strategies for protecting fashion designs in US, Europe and Asia
8. Technology and IP litigation at what cost? A discussion of insurance coverage for legal fees and litigation funding (supportive or trolls in sheep’s clothing?)
9. Impact of DSA on US firms
10. Cloud contracting for the public sector - overcoming doubts and legal challenges
11. Emerging litigation and regulatory risks in crypto
12. Corporate structures for start-ups – the Delaware Flip or not?
13. Out of this world! – trademark protection in outer space
IBA 5th Silicon Beach Conference: From Start-Up to Exit
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