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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.
How are funds structured and how do they operate?
How are they making investment decisions?
How are funds regulated and why are some funds unable to take board seats in certain jurisdictions?
Domestic fund structures vs. nearshoring vs. offshoring?
The role of (external) fund administrators.
7th Annual IBA European Start-up Conference
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.
Take this tour through the current state of the debt world, open and closed windows, the role of geopolitics, and the continued growth of non-bank players with these leading credit market lawyers and investment and underwriting professionals.
IBA Private Equity Transactions Symposium 2025
This session will delve into state immunity in the context of delicta imperii, exploring the delicate balance between protecting sovereign interests and ensuring accountability of states for crimes under international law that are considered outside the scope of sovereign authority, such as crimes against humanity or the crime of aggression. After an introduction to the governing general principles, the panel will discuss the long-lasting dispute between Germany and Italy regarding compensation for victims of crimes committed by the Nazi forces in the Second World War and will explore potential paths for enforcement of claims against states in light of more recent armed conflicts.
4th IBA Litigation Committee Conference on Private International Law
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.
New technologies bring new challenges for the modern world and on how to apply the law. To update the legislation may provide a solution, but it takes time, and legislative process is never so fast as the development of upcoming technologies. To interpret the existent legislation is a better solution but depends on studied and experienced lawyers.
Key issues:
- General legislation for AI: data privacy, consumer protection and liabilities.
- Personal data protection in Morocco;
- AI as law operator: what happens to ethics and human touch?
Next gen legal summit: The fundamentals of international legal practice
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.
- Topic 1: The (European) automotive industry crisis
- Topic 2: AI in the automotive industry
The conference participants will discuss in small break-out groups two very relevant automotive topics from different perspectives.
The first topic deals with the current crisis of the European automotive industry and the challenges (and opportunities) this offers. Break-out groups will deal with the industrial transformation, restructuring measures and regulatory challenges imposed by the EU.
The second topic will deal with the use of AI in the automotive industry, whether this concerns the manufacturing process, the sale and distribution or the use vehicles by customers.
5th European Automotive and Mobility Services Conference
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.
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.
IBA Global Insight October/November 2017 - Former US Secretary of Defense Robert Gates on President Trump, North Korea and Kim Jong-un, IBA Discussion Paper on protecting the integrity of ICC trials, The refugee crisis in Greece – new IBA film, CJEU rules against challenge to European quota system for refugees, IBAHRI at 36th Session of the UN Human Rights Council, ICC wins human rights award, Focus on Philippines and Cameroon
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Jan 21, 2022
In rapid succession, a number of jurisdictions have moved away from focusing on antitrust enforcement to the proposed regulation of digital platforms. Ostensibly, the regulatory focus is about competition and potential concerns that traditional ex post enforcement may be ill-equipped to address the power of digital platforms. This article focuses on the realities of what platform regulation might mean, and how to better frame and structure the nature of appropriate regulation. This article first identifies a number of the different approaches to regulation that various jurisdictions have put forward, and then lays out six basic principles for platform regulation to help address some of the potential harms that such approaches may unwittingly be pursuing.
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