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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.
This session will discuss:
• key legal, tax and other issues affecting property investment in each jurisdiction;
• common investment and financing structures;
• sources of funds, including banks, bonds, funds and alternative structures; and
• issues in cross-border investments and capital flows, and the impact of local law and regulations (eg, forex restrictions, taking local security).
4th Asia-based International Financial Law 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.
Starting in 2022, Lisa Monaco, Deputy Attorney General, began describing ‘sanctions’ as ‘the new FCPA’, as a logical extension of the US federal government’s effort to use economic sanctions and trade controls to incrementally apply pressure against foreign governmental activity seen as adverse to the interests of the US. Since 2020, there has been a proliferation in US measures focused on China, including Hong Kong, in the form of primary legislation, Presidential Executive Orders and the addition of specially designated nationals (SDNs) to the Office of Foreign Assets Control (OFAC) list. China has not been the only focus, though, with sanctions issued arising out of the Russia–Ukraine war, for example. Other countries, including China, view such sanctions as generally contrary to international law. But, in addition, Canada, China, the EU and the UK, have responded by enacting their own ‘blocking statutes’, enabling domestic non-compliance with US laws and requiring notification to authorities about any US sanction enforcement measures (for example, China’s 2021 Anti-Foreign Sanctions Law). China has also imposed restrictions and requirements on provision of information offshore to assist foreign regulators. The result has been that everyone doing, and facilitating, business must navigate their way through complex, sometimes unclear and often conflicting sets of new legal requirements. All lawyers in Asia, whatever their area of practice, must have at least a clear, basic understanding of trade remedies and sanctions.
This session will address the following questions:
• What are the different forms of sanctions that have been issued and how do they work in practice? What is their scope and what are their limits?
• What is the difference between primary and secondary sanctions?
• What has been the effect, in practice, of blocking statutes?
• How do financial institutions navigate the requirements and restrictions?
• How are third-party countries and businesses affected?
• What is the potential impact on securities and other markets?
• What future developments may occur?
8th IBA Asia Pacific Regional Forum Biennial Conference: Vibrant Asia – Land of opportunity and promise
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.
Why, really, is judicial independence so important? And what actions or non-actions from the judiciary are viewed by some countries as evidencing a lack of independence? What countries struggle with judicial independence? What advice can a neutral source provide to those countries to make changes if changes would be helpful? This interesting panel of judges and lawyers from a variety of countries will look at some tough issues and talk through the challenges to achieve judicial independence and the value it can provide to individuals, the business sector, and government.
IBA Annual Conference Mexico City 2024
This session is a fast moving, jurisdiction spanning tour of litigation developments with subjects including: the expanding landscape of cross-border disputes; funding the fight; regulatory scrutiny; courts under pressure and their solutions; forum competition and collaboration; and procedural innovations.
This panel will also look at how litigators are navigating the thickets that digital communications have created and how they are balancing freedom of information and public interest with confidentiality and data protection, helping ask what they need to prepare for.
IBA Annual Litigation Forum - The world has lost its compass: we need to talk about litigators!
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.
While the gender gap in data is not always life threatening, the design and use of artificial intelligence models in different industries can significantly disadvantage women’s lives. And while there is agreement that lots of good data can indeed help close gender gaps, there remain concerns that if the “right” questions are not being asked in the data collection process (including by women), gender gaps can actually widen when algorithms are misinformed. This not only has negative impacts on women, but also on business and economies.
In roundtable discussions, this breakfast explores measures aimed at ensuring that the use of AI systems does not lead to discrimination, how women litigators can be thought leaders in this field and how legal tech can drive diversity, efficiency, and winning.
It is open to all; litigators of all genders are warmly invited to participate and debate.
IBA Annual Conference Paris 2023
Nov 15, 2021
The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.
Join us for an in-depth exploration of regulatory enforcement mechanisms and compliance challenges in the context of anti-corruption investigations. The speakers will examine the role of regulatory agencies in investigating and prosecuting violations of securities laws, anti-money laundering regulations and corporate governance standards. Participants will discuss best practices for corporate compliance programmes, whistleblower protection, voluntary disclosure initiatives and cooperation with regulatory authorities. Through case studies of landmark enforcement actions, attendees will gain practical insights into navigating the complexities of regulatory scrutiny and mitigating compliance risks in an increasingly regulated business environment.
IBA Anti-Corruption Committee Asia Conference
The prevailing view of the courts in China is that equity incentives are not a part of labour remuneration and such disputes are not subject to the procedural prerequisite of labour arbitration, while a few courts hold a different view. Phantom stock is more likely to be treated as part of remuneration due to its very nature, which is less contentious in practice.
The Singapore Chamber of Maritime Arbitration (SCMA) mock arbitration aims to showcase an international maritime and trade dispute, conducted under the latest 4th Edition 2022 SCMA Rules, which came into effect on 1 January 2022. Delegates will have the opportunity to gain real insight on how a cross-border arbitration is conducted, based on a dispute between a Chinese and an Indian party, who will be represented by Chinese and Indian counsel of their choice. There will be issues of both law and fact, with a preliminary legal issue to be determined before a tribunal of three experienced arbitrators. The factual witnesses will also be cross-examined during the 90 minute session, and delegates will be able to access the case scenario beforehand.
IBA Maritime and Transport Law Committee Mid-Year Conference: The new world of shipping post-Covid
The article explains the differences in the Chinese antitrust regulator’s approach to regulating antitrust concerns in the digital market from the approach adopted by regulators in other jurisdictions, including the European Union
It is essential for commercial dispute resolution lawyers, in the increasingly complex and interconnected world, to be able to navigate the cross-border, transnational litigation landscape. This panel will consider current hot topics in transnational disputes including: the recognition of ad hoc arbitration in China, ECJ caselaw and reinforcement of third state judgments, recognition of claims against Russia rendered by the courts of Ukraine, stolen nazi art, modern slavery law in Canada with extra territorial effect.
IBA Annual Litigation Forum
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Witness the intersection of corrupt activities and environmental, social and governance (ESG) concerns play out in the courtroom at the IBA Criminal Law Section’s annual mock trial. As is now tradition, the mock trial will showcase the hearing and resolution of a corruption case involving individual and corporate defendants in the public and private sectors through IBA members acting out a real-life case study. This year, watch our advocates prosecute, defend and judge allegations involving ESG, greenwashing, bribery and corruption.
IBA Annual Conference Toronto 2025
May 30, 2022
Chinese enterprises and individuals have increasingly become involved in cross-border investigations in relation to extraterritorial enforcement activities or other activities for which provision of information is required by foreign entities. However, under the Chinese legal framework – especially the new 2021 Data Security Law – cross-border provision of information has become increasingly difficult. The provision of such requested information to an entity in a foreign jurisdiction may conflict with mandatory Chinese laws. This article first provides an overview of Chinese legislative framework under the new Data Security Law, the Personal Information Protection Law (PIPL) – both promulgated in 2021 – and the Cybersecurity Law. It includes reference to the definitions of ‘important data’ under the 2017 draft recommended national standard ‘Guidelines for Cross-Border Data Transfer Security Assessments’ and of ‘personal information’ under the PIPL, and the latest consultation on cross-border data transfer security assessment under the Cross-border Data Transfer Security Assessment Measures (Draft for Comment) issued on 29 October 2021. By reference to different scenarios in which a Chinese company or individual may be required by a foreign entity to provide information to it, it then discusses the requirements for evaluating whether any approval from Chinese competent authorities is required, and discusses the criteria for evaluating how, if permissible, the information could be transferred in compliance with Chinese data protection legislation.
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.
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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