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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.
IBA Human Rights Conference: Climate, justice and law - challenges and opportunities
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.
The session should focus on the most effective tools to detect and prosecute cartel conduct including an effective leniency regime and the interplay between criminal and civil sanctions and effective enforcement.
Speakers will share experiences, risks and practical guidance on how to detect and manage cartel cases from different perspectives.
Competition Law in Africa Conference: regulatory developments and enforcement trends across the continent
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.
This panel will consider the concepts of the legal community and their concerns for the ongoing use of the death penalty and related criminal justice system.
IBA Human Rights Conference: Climate, justice and law - challenges and opportunities
Much like a master sushi chef carving out the poisonous liver of a Japanese puffer fish in order to successfully prepare the infamous Fugu sashimi (with success being measured by whether the customer lives to recount this potentially deadly culinary experience to colleagues the next day!), it is critical for an M&A practitioner to know precisely what assets and liabilities should be extracted from the larger business enterprise – and what legal obstacles may be encountered as part of such extraction – in order to successfully implement a carve-out transaction in Asia. The panel will discuss how to identify specific legal challenges that may be particular to certain Asian jurisdictions when executing carveouts, including key considerations when conducting due diligence, structuring the carve-out and negotiating post-closing transition matters.
Asia Pacific Mergers & Acquisitions 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.
IBA ESG Accelerator Training Programme: Governance
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.
Climate change is fuelling conflict, driving displacement, and increasingly being used as a weapon of war. Flora and fauna are caught in the crossfire of severe military actions leading to mass ecological harms that will echo for generations. Calls to recognise ecocide as the fifth international crime at the ICC are gaining traction, emphasising climate justice as firmly within the war crimes discourse.
IBA War Crimes Committee Conference 2026: Masters of war
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Private antitrust litigation, long the preserve of the US, is now also booming in Europe and elsewhere, and increasingly includes class actions or other forms of collective legal procedures. What are the greatest challenges for plaintiffs and defendants in multi-jurisdictional cases? What has been the impact of EU Damages Directive and does harmonisation there need to go further? Does the success of private litigation mean that leniency policies need reform to restore incentives? What about monopolisation and dominance claims? How is damages quantification best done? Does the US experience have lessons for the rest of the world?
IBA Annual Conference Miami 2022
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.
As the use of AI in the preparation and conduct of litigation expands, the need to identify gaps in foundational skills and the emergence of new ones has taken on greater importance. Who better than judges to provide their unique perspective on the needs of the future of litigation and advocacy and the role AI will increasingly play. This session will explore how educational institutions and the practising profession can respond to the rapidly evolving landscape to fill existing gaps and, importantly, train lawyers in the new skill sets that will be required.
IBA Annual Conference Toronto 2025
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.
The advent, and increased use, of social media have had a major influence on our lives and consequently, its presence in litigation is steadily increasing due to its immediacy and widespread reach.
Understanding and managing the questions raised and the complexities of litigation in the age of social media is therefore crucial. When and how can social media be used as a source of evidence? How effectively can information obtained from social media accounts be harnessed for discovery? Can service take place through social media and if so how?
We have assembled a panel of litigators across different jurisdictions and sectors who have amassed experience in dealing with social media in litigation. They will share valuable insights and provide tips on how to handle the impact that the use of social media can have in our day-to-day professional practice. The session will conclude with a workshop where participants will have the opportunity to brainstorm on real-life practical scenarios. This session is a great opportunity for young lawyers and law students to learn from our legal experts.
IBA Young Litigators Seminar 2025
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.
Using open source intelligence to map perpetrators of atrocity crimes
Oct 29, 2025
Report on a Young Litigators seminar held at the Singapore office of Allen & Gledhill
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.
Oct 29, 2025
Report from the IBA Annual Litigation Forum 2025: the future of litigation
Jan 12, 2024
On 22 November 2023, the IBA European Regional Forum (ERF), the IBA Academic and Professional Development Committee and the IBA Future of Legal Services Commission, in cooperation with Roma Tre University, organised a university day and job fair.
Jan 29, 2026
In 2025, China’s Anti-Unfair Competition Law underwent a third amendment to address emerging challenges arising from the digital economy and evolving business models. The process of revision took three years and the revised legislation officially came into effect on 15 October 2025. The 2025 revision introduces eight new articles and amends 16 existing articles. It clarifies the law on existing unfair competition practices, such as acts of confusion, and introduces new types of unfair competition practices, such as illegal data acquisition, involution-style competition and the abuse of advantageous positions in the market, into the regulatory scope. The revision aims to address emerging issues in the digital economy, tackling problematic practices, including data scraping, algorithmic discrimination and ‘involutionary’ competition. It also aims to strengthen fair competition, maintain market order and promote the healthy development of the digital economy. This article reviews the amended legislation.
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