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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.
This workshop will focus on the use of innovative structures like rated note feeders, NAV facilities, collateralized fund obligations and subline portfolio needs as fundraising and liquidity challenges intensify.
Topics to Include: latest trends in:
• Rated Note Feeders (RNFs)
• NAV loan structuring for new funds are pushing back
• Collateralised fund obligations (CFOs)
• Subline feeder structures
• Preferred Equity as a fundraising bridge
• Hybrid liquidity facilities
24th Annual International Conference on Private Investment Funds
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.
Following the earlier session in collaboration with the Closely Held Companies Committee, the advisory panel to a new GC continues their good work.
IBA Annual Conference Paris 2023
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.
This panel will discuss identifying IP assets, verifying ownership of the IP assets, assessing how coverage of the IP assets aligns with a company's business goals, and identifying third-party IP risks. For AI technologies, the panel will discuss additional questions concerning data privacy, compliance with open-source licenses, and eligibility for patent protection.
IBA 6th Silicon Hills Conference – the Tech Epicentre of Texas: from Start-Up to Exit
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.
7th Mergers and Acquisitions in the Technology Sector Conference
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.
Orchestrating a cybersecurity symphony: why call your lawyer to prevent cybersecurity risks
Jan 24, 2023
Grace Perez-Navarro is Director of the Organisation for Economic Co-operation and Development’s (OECD) Centre for Tax Policy and Administration. Here, she speaks to Global Insight about the key issues facing the OECD, from the implementation of its ‘Two Pillars’ tax reforms to ensuring that the interests of developing countries are protected.
Orchestrating a cybersecurity symphony – Part two: Why law firms should consider cybersecurity as an alternative business structure
- Austria: cum/ex Supreme Administrative Court VwGH 28 June 2022 Ro 2022/13/0002
- Canada: exchange of info Levett v CRA
- Denmark: Beneficial ownership EU law C-116/16 T Danmark and C-117/16 Y Denmark ApS. (NetApp)
- Italy: WHT regime on dividends paid to US investment funds EU law American funds insurance
- Spain: deduction of borrowing costs Duscholux; recovery of excess withholding taxes by non-resident alternative investment funds EU law infringements (AIF´s or Hedge Funds).
- UK: Cum/ex and Revenue rule SKAT v Solo Capital; Treaty abuse main purpose test Burlington v HMRC
- US: exchange of info Puri v US
12th Annual London Finance and Capital Markets Conference
Let the lawyers have their say! This session will focus on how market turbulence is impacting on deal terms in both investment and M&A.
6th Annual IBA European Start-up Conference
Mino Han and Umaer Khalil discuss the applicability and scope of the statutory defect liability provisions under Korean law.
The Director of Mergers at the UK competition agency (CMA) and leading US, UK and European antitrust partners will discuss current risks in the regulatory space and how to navigate these
Young Lawyers Private Equity Forum
A guide for lawyers and law firms to understand nature-related risks, and add client value through embedding nature into legal services.
DiversityInclusionD&O claims are on the rise across the globe. Over the last decade directors and officers of public and private companies have increasingly become targets in civil litigation, government investigations, and enforcement actions. In today’s claims and regulatory environment — with civil actions of many stripes often naming individual directors and officers as defendants and stepped-up enforcement activity by regulatory bodies — directors and officers are sharply aware that their personal assets may be at risk.
Beyond the securities and derivative suits, SPAC-related claims, threats bearing down on the economy (supply-chain disruption; labor shortages; and economic inflation), D&O claims following in the wake of cybersecurity incidents and with investors and companies being ever more concerned with climate change, their carbon footprint and board diversity, an area of growth for D&O claims is anticipated.
When companies falter, disgruntled owners, investors, creditors, and customers – fueled by third-party funders seeking jurisdictions in which to operate - often raise claims of mismanagement by senior executives and board members, particularly when insurance may be available to fund recoveries.
In the midst of legal turmoil and corporate failure, various stakeholders – including directors and officers - need experienced counsel to help them navigate through complex legal claims and defences, together with coverage issues raised by D&O insurers and (global) settlement negotiations, with litigation funders playing their own role. The panel consisting of top- notch practitioners and experts will explore these challenges and specific dynamics from different perspectives, with often conflicting interests.
IBA Annual Conference Miami 2022
Jul 15, 2024
In a year of significant elections, Global Insight examines why women are underrepresented as candidates for office in many countries.
With the significant advancements in renewable energy and other new energy, disputes are inevitable. Such disputes are generally complex and large in value. This session will review how we resolve such disputes in a way that minimises disruption to the generation of power and global development.
IBA Annual Conference Toronto 2025
SustainabilityFocusHumanRightsThis session will look at how human rights breaches feature in criminal enforcement action against corporates. Consideration will be given to the shifting focus from corruption to human rights. The session will look at how these issues can arise, including supply chain issues, fraudulent disclosure and climate control.
SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.
IBA Annual Conference Miami 2022
The Capital Markets Forum has undertaken a project to monitor international selling restrictions. In the dropdown panels below, you will see information on selling restrictions in various jurisdictions that apply to offerings of equity securities by companies incorporated outside the jurisdiction. The information is accurate as of the date provided within the relevant link.
In the last year, the efficiency and neutrality of international arbitration has been questioned by courts, civil society and policy-makers. Civil and criminal actions against arbitrators have unfortunately become frequent. Arbitral awards have been set aside because arbitrators, allegedly, have failed to perform their duties. In the investor-state regime, several states have expressed concerns towards the system. The Energy Charter Treaty’s future is at stake. This panel will address some of these concerns and answer the question: are we doing something wrong?
Arb40 Symposium - international arbitration endangered
Apr 12, 2023
According to the Italian Banking and Financial Arbitrator (ABF), in cases of fraudulent use of a credit card, the claim for reimbursement of the unauthorised payment transactions should be made against the card-issuing bank.
This panel will explore the 25-year journey since the OECD Anti-Bribery Convention came into force, delving into its undeniable successes and persistent challenges. Experts from across the globe will dissect the Convention’s profound impact on the fight against corruption, including advancing legislative reforms in dozens of countries, reshaping corporate conduct, invigorating civil society and boosting public awareness. The panel will also address critical issues such as uneven enforcement and the influence of political pressures, the impact of globalisation on the Convention’s effectiveness and how strategies for combatting corruption should continue to evolve over the next quarter-century.
20th Annual IBA Anti-Corruption Conference
Apr 07, 2024
The conference session focused on current and developing tax issues in cross-border finance, with a panel of experts from various jurisdictions discussing the latest trends and challenges in this area. The conference aimed to provide a comprehensive overview of the tax implications of different types of financing transactions, such as securitisation, fund financing, hybrid instruments, and interest deduction limitations. The panel session also addressed the impact of anti-hybrid and mandatory disclosure rules on capital markets, as well as the concept of beneficial ownership and conduit financing.
Recurring initiatives in multiple jurisdictions to amend the taxation of partnerships leads to opportunities and risks for the industry. This applies to sponsors, investors, and the vehicles themselves facilitating or obstructing cross-border investments. Different approaches for how to tax carried interest are in place in the countries of sponsors. Is the pressure on policymakers behind the preferred treatment of sponsor return as capital gain, rather than as ordinary income, the same in all countries? And for investors: pension and retirement funds, sovereign funds, individuals, and corporate treasuries? What about the promoting entity jurisdiction, will source countries respect the look-through nature of investment vehicles and tax investors accordingly? The anti-hybrid rules should give answers, but often cause more confusion and complexity.
IBA Annual Conference Miami 2022
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
This discussion, which encourages audience participation, will focus on the evolution from policy, procedural, and tick-the-box based compliance programs to culture and ethical decision making.
21st Annual IBA Anti-Corruption Conference
Sep 09, 2024
This article provides a view of the recent developments in Brazil regarding diversity and inclusion in corporate governance, based on ESG reporting obligations. Although progress has been made, studies on the matter highlight the need for further progress, especially in terms of women’s representation in leadership positions and inclusion of vulnerable groups, especially black and brown individuals. Consequently, ESG reporting may be used as a powerful tool to increase the representation of vulnerable worker groups, by developing targeted diversity and inclusion policies.
International tax dispute resolution: key items to consider when determining strategy and forum
Apr 04, 2023
The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns Uganda’s Anti-Homosexuality Bill that includes the death penalty for ‘aggravated homosexuality’. The Ugandan Parliament passed the Bill overwhelmingly with 389 votes to 2 on 21 March 2023.
Latin America continues to be a large, growing and dynamic market for deals, and this panel of leading dealmakers will teach you what you need to know at the cutting edge. FinTech, Venture Capital Unicorns, growth of Multi-latin companies and Private Equity Funds focusing on the region as if it was a single market with varying regions have pushed collaboration, cross border and multijurisdictional M&A transactions to a new level within the region. The session will involve a review of trends, experiences and opportunities resulting from the above, among active participants in the regional M&A ecosystem.
IBA Annual Conference Miami 2022
Non-compete clauses are standard in employment agreements, especially with senior executives, and also in M&A deals. Through non-compete clauses, founders and key executives exiting the business are bound by certain restrictions. This article considers non-compete clauses in India, the United Kingdom and the United States, particularly in the context of the current Covid-19 pandemic.
The aftermath of a global pandemic, economic crises, and political changes result in an ever-changing list of headaches for in-house counsel. A panel of senior in-house counsel talk about the key issues that keep them up at night.
IBA Annual Conference Miami 2022
Jun 25, 2024
Sports in India is predominantly synonymous with cricket. It is often said that in India, cricket is not a sport, but is a religion; and, since the advent of the Indian Premier League in 2007, besides cricket, other sports in India have also animated all conversations with passion, not simply for the love of sports, but because of the impressive revenue that sports generates.
As environmental, social, and governance (ESG) receives attention around the world, regulatory changes and investor expectations have paved the way for ESG to be mainstream for corporations in India. A panel discussion on the regulatory regime, gaps, and
market conditions for ESG in corporate India.
Mergers and Acquisitions in India: is India the last oasis of hope in a global slowdown?
By Mattias Anjou, Johan Löfquist and Isabelle Vinterskog. Sweden – a flourishing fintech start-up scene in spite of regulatory hurdles
The panel will analyse the interesting and increasingly usual interplay between public inquiries and criminal investigations.
IBA Annual Conference Mexico City 2024
Jun 01, 2023
When parties come together to negotiate International Master Franchise Agreements they focus on royalty splits, development schedules and the boundaries of the territory granted to the master franchisee. Alternative dispute resolution provisions are usually only given little consideration, much less how privileged communications are to be handled if a dispute arises.
This session will explore India’s new arbitration institutions, such as the Mumbai Centre for International Arbitration (MCIA) and the International Arbitration and Mediation Centre (IAMC), and examine their efficacy. The benefits of institutional arbitrations as opposed to ad hoc arbitration and the advantages of the rulebased order for each such case will be discussed. The panellists will also discuss the disadvantages of rigid institutionalised arbitration. Some of the newly developed tools for conducting arbitration whilst recording submissions and evidence will be discussed against the backdrop of ordinary ad hoc arbitration approaches decided by party autonomy and negotiated clauses. The panel will also explore some of the difficulties arising from unique midnight clauses prepared by lawyers under pressure, and the resulting chaos that arises through party autonomy and their failure to take into account standard clauses suggested by institutions as one clause fits all solutions.
Third IBA India Litigation and ADR Symposium 2024: From fringe to focal: India at the centre of international dispute resolution
Eminent speakers from England and India will consider the forthcoming proposed changes in India’s arbitration law in the context of recent amendments to the UK Arbitration Act 2025.
Fourth IBA India Litigation and ADR Symposium
This article analyses the preventive legal measures under Korean law against an unjust bond call by the beneficiary/employer (the ‘Beneficiary’) upon the various unconditional bank guarantees that have been issued by financial institutions located in Korea (the ‘Issuing Bank’).
The panelists will discuss significant antitrust/competition enforcement actions in the M&A context, developments in enforcement policy, and foreign direct investment and national security regimes around the world.
20th Annual International Mergers & Acquisitions Conference
Jul 26, 2021
The ruling in the first transfemicide case to come before the Inter-American Court of Human Rights is set to change the landscape of rights for transgender people across the Americas.
Although the UN Convention Against Corruption (UNCAC) requires its 190 parties to criminalise several corrupt acts, kleptocrats often enjoy impunity by abusing their control over the administration of justice. This gap has inspired a growing coalition of governments and civil society to advocate for an International Anti-Corruption Court (IACC) to hold corrupt public officials, bribe payers and money launderers accountable for grand corruption when national governments are unwilling or unable to enforce laws required by the UNCAC. Supporters argue that an IACC would help deter corrupt offenses, recover and repatriate illicit assets for victims’ benefit, and develop national anti-corruption capacity. This panel of experts involved in drafting the model IACC treaty will unpack their approach to designing an effective institution based on lessons learned from existing and past international courts and drawing on novel approaches to enhancing anti-corruption accountability in various jurisdictions. The panel will welcome a robust discussion of the challenges related to potentially creating a new international court.
20th Annual IBA Anti-Corruption Conference
May 25, 2023
EU Directive 2011/61/EU, commonly known as the Alternative Investment Fund Managers Directive (AIFMD), came into force on 22 July 2013 and had a profound effect on the alternative investment fund industry, not just within the European Union but across the world. The overriding purpose of the original AIFMD regime was to help create a single market in the EU for the management and marketing of alternative investment funds and to strengthen investor protection and financial stability across the industry. Nearly ten years after the introduction of the original AIFMD, the EU legislature is now at an advanced stage of introducing amendments that will update the provisions of the AIFMD with a view to enhancing the directive. The amendment proposals are commonly referred to as ‘AIFMD II’. While the asset management industry cautiously awaits details of the finalised AIFMD II package, the various stages of the legislative process are being closely monitored by industry participants given the importance of the directive to the sector. This article provides an overview of: the background to the proposals and the proposed timeline for the introduction of AIFMD II; the latest developments in the process (as of the date of writing), which include a summary of the proposals and, in particular, the latest positions adopted by the various European legislative institutions; and the likely impact of the proposed changes on the alternative investment funds industry.
This panel will discuss the characterisation of fee payments: royalties, services fees, access fees or other? We will also explore source issues and implications from a transfer pricing, withholding tax and treaty interpretation perspective.
IBA Annual Conference Toronto 2025
Jul 12, 2022
Due to the very nature of the IP rights that are aligned with the essence of mediation, they are simply called '3M', which are 'Market cycle', 'Multiple jurisdictions' and 'Market power'. This paper will explain why the disputes related to IP rights are suitable for mediation.
This panel brings together leading practitioners and a judge from the US, UK and continental Europe (France and Greece) to examine one of the most challenging issues in modern criminal law and cross-border investigations: the collateral use of evidence. Drawing on experience from the bar, the bench and law enforcement, the speakers will explore when and how evidence obtained for one purpose should be reused in other or parallel proceedings.
28th Annual Transnational Crime Conference
On 8 April 2020, the Prime Minister of Vietnam issued Decision No 14/2020/QÐ-TTg which replaced Decision No 04/2014/QÐ-TTg from January 2014 on regulating the coordination between the Vietnamese state bodies in international investment dispute settlement. This article provides an overview of Vietnam’s internal mechanism in dealing with international investment disputes, with updates on some specific features of the newly adopted Decision in comparison with past regulation.
Large-scale private capital flows, often operating through complex vehicles, increasingly influence global markets yet remain subject to inconsistent scrutiny. This session examines how the shadow banking system can be exploited for corruption-related laundering and how international reform, or the lack thereof, impacts systemic transparency. This panel will also dissect the fragmented global regulatory landscape, discuss enforcement challenges in tracing crypto transactions across borders, and consider whether principles-based regulation can keep pace with technological innovation.
22nd Annual IBA Anti-Corruption Conference: The Role of the Global Financial System in the Fight Against Corruption
Jul 14, 2024
Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.
The panel will delve into the various legal strategies, procedural safeguards, and jurisdictional nuances that shape the pursuit of justice against public authorities in different countries. Drawing on examples from jurisdictions with diverse legal traditions, this session will explore how tools such as judicial review, constitutional challenges, administrative complaints, and human rights litigation can enable individuals and organisations to hold governmental entities accountable.
This panel will provide insights on how to navigate the often complex terrain of legal obstacles and procedural requirements. Participants can expect a thorough discussion of the practical challenges faced by litigants, an examination of the evolving case law, and a comparative perspective on the effectiveness of various remedial frameworks.
IBA Annual Conference Toronto 2025
Apr 23, 2025
Arriving in Budapest, I was excited to join my first IBA European Regional Forum (ERF) retreat as a council member. Bringing together over 50 officers, council members and Advisory Board members, this was a great (and slightly daunting!) opportunity to immerse myself in the ERF and find out more about their current and upcoming projects.
Internal investigations are a cornerstone of effective anticorruption compliance, yet they present unique challenges due to varying legal systems, cultural considerations and cross-border data issues. This session will explore best practices for planning and conducting corruption-related investigations, from initial fact-finding to evidence preservation and reporting. Panellists will also examine how emerging tools – including generative AI, advanced analytics and other legal technology – are transforming investigative processes, enhancing data review and improving the detection of misconduct. Practical insights will be shared on leveraging these technologies while managing confidentiality, privacy and admissibility concerns in multi-jurisdictional contexts.
IBA Anti-Corruption Committee Asia Conference
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