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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.
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.
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.
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
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.
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.
Jul 26, 2023
As the world’s largest mobile phone terminal manufacturer and consumer market, China has emerged as one of the jurisdictions with the highest number of disputes involving communication standard essential patents (SEPs). High-profile cases, such as Huawei v InterDigital (fair, reasonable, and non-discriminatory (FRAND) rate determination), Huawei v Conversant (anti-suit injunction) and OPPO v Sharp (global rate setting), have attracted global attention. The author of this article shares their thoughts and experience in representing clients in the three of these cases.
The Portuguese non-habitual resident (NHR) tax regime is a very attractive tax regime, one that was implemented to attract highly skilled professionals, high net worth individuals and foreign pensioners to Portugal. However, Portugal has been subject to international pressure to implement changes to the regime, and in January 2020 it made the first major change to how the NHR operates.
Oct 13, 2021
This article analyses the statutory approval clause, taking into account recent case law, and compares the rules governing joint stock companies and limited liability companies in Italy on this topic.
May 11, 2026
In recent years, Argentina has developed a comprehensive regulatory framework for medicinal cannabis aimed at promoting scientific research, ensuring patient access and fostering the development of a domestic production and commercialisation chain. This framework has been built primarily around the cannabis plant and its derivatives, reflecting a regulatory approach centered on plant-based production. At the same time, advances in biotechnology are transforming the way active pharmaceutical ingredients (APIs) are developed and manufactured worldwide. Cannabinoids, traditionally obtained from Cannabis sativa, may also be produced through biotechnological processes, raising questions about the continued adequacy of legal frameworks that rely on the botanical origin of such substances.
Dec 03, 2025
This article explores the impact of artificial intelligence (AI) on drug discovery and the legal issues surrounding AI-generated inventions. It analyses the progression of AI-driven tools, their integration into the pharmaceutical industry, and the intellectual property challenges that arise as AI systems become increasingly independent. This article highlights the need to reassess existing legal frameworks to keep pace with the evolving autonomy of AI in the drug development process.
Dec 04, 2025
This article analyses xenotransplantation from a global perspective, highlighting the relevant technological drivers, ethical debates, regulatory frameworks and clinical milestones. Additionally, this article uses Mexico’s legal framework as a practical case study, showing how existing health laws can inadvertently create barriers to interspecies organ transplantation (animal to human), even though the laws themselves do not explicitly prohibit it.
The article describes and assesses the abuse of dominance investigations carried out by the Brazilian competition authorities in the digital sector. With nine cases already decided and six ongoing probes as of July 2019, there is a clear concern about false positives and avoidance of severe intervention, and no precise guidance on how companies should behave. The research also reveals interesting findings such as the importance of third parties, areas of concern and the inexistence of convictions.
May 16, 2025
The Trump administration’s trade war and withdrawal of the US from world leadership presents China with a major opportunity. Global Insight assesses how it’s responding.
Oct 21, 2022
Two issues of prime significance to the Indian arbitration regime have recently been referred by the Supreme Court of India (hereinafter “the Court”) to its Constitution Benches for resolution. In this article, the authors examine the underlying issues at stake and the legal context in which these questions assume significance.
Jul 01, 2022
Remedy commitments have been widely discussed abroad and in Brazil; nevertheless, discussions focusing on their procedural aspects are few, even though these have become increasingly important. In this article, we provide an overview of procedural aspects of remedy commitments in Brazil and highlight important aspects that applicants to merger procedures should bear in mind when negotiating with the Brazilian antitrust authority (CADE). We provide data showing that it is uncommon for merger procedures to require merger control agreements but explain that, when the situation arises, applicants must be wary of the importance of negotiating clear provisions. We further explain that applicants must ensure compliance with the terms of merger control agreements, seeing as two recent decisions issued by CADE demonstrate that the antitrust watchdog will not shy away from rejecting the transaction, should the applicants fail to comply with the merger control agreement.
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.
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.
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