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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.
Bankruptcy and cryptocurrency: the same stories with different players or is this something different?
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.
Stylist Deborah Jackson Brown in conversation with Melissa Davies discussing modern work wear looks and how to dress for a Lawyer's Lifestyle in collaboration with the womenswear fashion brand Toteme.
IBA European Fashion and Luxury Law 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.
26th Annual IBA Arbitration Day: Redefining the contours of international arbitration
Discussion about recent innovations in insurance product development, providing insights into emerging coverage options and the industry's adaptation to evolving market demands.
IBA Insurance Conference 2024: AI in insurance and other global insights
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.
In December 2021, the OECD Secretary-General publicly thanked the IBA for its contribution to the 2021 OECD Anti-Bribery Recommendation. The IBA Non-trial Resolutions of Bribery Cases Subcommittee will present a panel that will discuss what the IBA recommended, what the Working Group on Bribery will do going forward and how the investigation, prosecution and settlement of foreign bribery cases will be different in the future.
18th Annual IBA Anti-Corruption Conference
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Every deal lawyer needs to understand the investor environment which in turn derives sponsor behaviour and deal flow. The current fundraising market is amongst the worst in recent years. What strategies are GPs using to raise capital and where are the continued opportunities for growth? This panel will explore fundraising trends as well as private capital’s focus on retailisation and the continued spotlight on GP-led transactions.
IBA Private Equity Transactions Symposium 2023
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 panel will discuss and analyse a new trend where mining companies are sued in their home jurisdictions for operations located outside those jurisdictions.
IBA Annual Conference Mexico City 2024
Apr 22, 2025
The latest research by the International Bar Association (IBA) Legal Policy & Research Unit (LPRU) into gender disparity in the law across the world is focused on Taiwan. The findings reveal that women are underrepresented at the top of the profession in…
For many participants, the fundraising market has been bleak in recent years, but for some, green shoots are emerging. This panel will present a broad perspective on key issues in the current environment for general partners and limited partners in private equity funds, including secondary transactions. In addition, the panel will explore the increasing interface between limited partner investors and the underlying assets.
IBA Private Equity Transactions Symposium 2024
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.
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With multiple vehicles having been set up over the past few years, the trend known as “retailisation” is now well established and here to stay. This panel will discuss recent developments and explore the opportunities and challenges managers face in structuring and distributing such products.
It will cover:
- Recent trends in retailisation of private assets
- Practical insights and structuring solutions
- Operational challenges such as valuation and liquidity
- Opportunities and challenges in the distribution
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34th IBA Global Challenges and Opportunities for the Asset Management Industry Conference
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.
26th Annual IBA Arbitration Day: Redefining the contours of international arbitration
The IBA's LPRU has published a report on the nature and prevalence of bullying and sexual harassment in the legal profession around the world, based on the findings of its extensive 2018 survey on the subject. It offers both observations and recommendations for action. The IBA hopes that the report will encourage law firms to revisit their policies and training for responding to and preventing bullying and harassment.
Competing in a post-Covid environment: financial structure and management for small and medium-sized law firms
The session will focus on the impact the Global pandemic has had on young lawyers globally, and will consider key challenges opportunities and developments faced by young lawyers. Discussion will broadly cover, career progression, career/practice development, employment opportunities and mobility and global connectivity.
The last few years have seen an increase in the provision of sponsor solutions including minority stake sales, financings and similar manager level transactions. This workshop will address the key trends and highlight practical issues and considerations for industry participants engaging in these types of transactions.
21st Annual International Conference on Private Investment Funds
Apr 04, 2024
This article considers how the English commercial disputes market has developed in response to the legal risks that arise from armed conflicts, focusing on: (i) navigating sanctions; and (ii) supply chain challenges.
Many individuals throughout the world are finding it increasingly difficult to access a lawyer, and whilst many find the costs prohibitive there are countries in which so called 'legal deserts' are developing. Many young lawyers are drawn to the multi national firms in the larger towns and cities and there is an increasing phenomenon of small towns losing their lawyers to the big cities or older members of the profession who have been working in so called 'general practice' in these small towns retiring and no one is coming up behind them to replace them. Accordingly many people now face the prospect of having to travel hundreds of miles to be able to access a lawyer.
It is surely incumbent on the legal regulator to ensure that all citizens have access to a lawyer and therefore is there a role for regulators to address the development of 'legal deserts' and thus improve people's access to justice.
IBA Annual Conference Mexico City 2024
May 20, 2025
Technology company Palantir is embedded everywhere from NATO to the US immigration enforcement agency. Global Insight assesses the rule of law implications.
IBA European Fashion and Luxury Law Conference
Case Comment: Concerning the Enforceability of No Oral Modification Clauses: Rock Advertising Ltd v MWB Business Exchange Centres Ltd.
Environmental, social and governance (ESG) has transitioned from the realm of norms and principles-based voluntary models to spaces increasingly governed by law and regulation. Recent examples span the globe, including the EU’s Sustainable Finance Disclosure Regulation, the UK’s Task Force on Climate-Related Financial Disclosures, the US’ proposed climate disclosure rule and Brazil’s proposed ESG-related disclosure regulations. Lessons learned from anti-corruption enforcement and compliance efforts likewise inform how companies and society as a whole may think about ESG on its current trajectory. Further, one aspect of the governance pillar involves how companies govern their environmental and social responsibilities, opportunities and performance, giving rise to new and complex compliance challenges for companies implementing ESG programmes. This panel will explore insights from anti-corruption developments relevant to the proliferation of ESG regulations, including companies’ practices regarding supply chains, M&A due diligence and parent–subsidiary relationships. In particular, panellists will address how well-accepted elements of an effective anti-corruption compliance program – such as risk assessment, relevant policies and procedures, training, effective communications, monitoring and testing and remediation – can provide valuable models for structuring a successful ESG programme.
18th Annual IBA Anti-Corruption Conference
IBA Global Insight August/September 2018 -Russian corruption: growing calls for tougher sanctions to combat ‘dirty’ money; The United Kingdom has long been recognised as a favoured destination for wealthy Russian investors, but the flow of ‘dirty money’ from Russia is tainting the country’s reputation. It is increasingly viewed as a safe haven for the Kremlin’s coffers, according to a recent report by the UK House of Commons’ Foreign Affairs Committee
Non-trial resolutions (NTR) are a critical piece of an effective anti-corruption regime. In December 2021, the OECD Working Group on Bribery issued a recommendation encouraging all member states to consider adopting some form of non-trial resolutions of criminal, administrative and civil bribery cases. Our committee and its NTR subcommittee have worked to support implementation of non-trial resolutions around the world.
This panel will discuss practical steps you can take to support the implementation of NTRs in your jurisdiction.
19th Annual IBA Anti-Corruption Conference
This workshop will focus on key trends in an evolving hedge fund market. Participants will examine key terms for hedge and other open-ended funds.
22nd Annual International Conference on Private Investment Funds
Oct 23, 2023
There is a consensus among various legal systems that professional service providers have to perform their duties with reasonable skill and care. However, it has been doubted whether their services must be compatible with the intended purpose of their clients. In the construction industry, the work of building contractors ought to fit the intended purpose of owners, and three theories have been proposed regarding the extension of this obligation to architects. Some believe that architects only bear the ‘obligation of means’, which only requires efforts to provide a suitable design without guaranteeing a specific result. A few others, however, believe that architects’ duty is an ‘obligation of result’, which imposes strict liability on architects to provide a design compatible with the intention of their clients. A third theory has also been developed which differentiates between architects’ obligations based on the type of structure. This article looks into these theories and the reasons behind them.
Strategic Litigation Against Public Participation (SLAPP) has sought to silence marginalised groups through the use of the legal system to restrict the voice of persons who are vulnerable. The session will explore how the rule of law can be supported in the legal profession by responding to SLAPPs through ethical responsibility and law reform.
IBA Annual Conference Mexico City 2024
Aug 04, 2021
More than 50 years ago, a treaty known as the Hague Evidence Convention was negotiated under the auspices of the Hague Conference on Private International Law to facilitate cross-border cooperation in the taking of evidence in civil and commercial matters. Yet, even among the more than 60 countries that have ratified the Convention, the rules and practices for obtaining evidence vary widely. The differences between civil and common law jurisdictions are often especially pronounced. The types of evidence that may be obtained, and the procedures for doing so, differ significantly between the United States and England. This article aims to provide a practical overview of what litigants can expect in the US and England when seeking evidence for use abroad.
In-depth discussion of the FTX Insolvency. Creditor’s rights and asset tracing issues. The panel will consist of professionals with first-hand knowledge about this restructuring.
IBA Annual Conference Mexico City 2024
This article aims to give readers a multi–jurisdictional overview of the law of various courts and agencies that have addressed professional sports broadcasting arrangements, including exclusive arrangements. It highlights some key areas of convergence, including for example the long-established efficiencies that can arise from both league-level broadcasting arrangements and exclusive production and distribution.
This panel will explore the ever-shifting dynamics in GP/LP relations, including challenges and issues that may arise in the course of negotiations, particularly in the current market environment. In addition, panellists will discuss the new and innovative ways GPs and LPs are working together as fund products and transactions become increasingly sophisticated and complex, including through strategic relationships and other bespoke arrangements.
21st Annual International Conference on Private Investment Funds
May 21, 2024
The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!
This workshop will look at how technology continues to transform private funds as well as legal services generally. Participants will discuss how General Partners (GPs), Limited Partners (LPs) and law firms are currently leveraging technology; plans and predictions regarding the future use of newer technologies such as generative artificial intelligence (GenAI); as well as current thoughts on, and potential approaches to addressing, the security, ethical and regulatory concerns raised by GenAI.
23rd Annual International Conference on Private Investment Funds
This session will consider:
• processes available;
• practical issues from the perspectives of legal advisers, insolvency practitioners and creditors;
• inter-creditor issues arising from a multi-creditor, multijurisdiction insolvency;
• role of creditors committees;
• negotiations with and among various creditor classes; and
• the evolving issue of ‘creditor-on-creditor violence’
28th Annual IBA Global Insolvency and Restructuring Conference - Restructuring vs Insolvency
Every day companies become a victim of cyberattacks. Mitigating and neutralising the operational impact is typically the first priority. Once the dust settles, the question of redress and remediation arises. Cyber-insurance policies play an important role here, but this will invariably entail a number of conditions to be met and steps to be taken. How should companies ensure they get the best out of their – often steep – insurance premiums paid? What process should they follow and what information should they provide? What are typical pitfalls in the insurance policies and whom should they involve to overcome them? This discussion will involve industry experts, testimonials from companies having lived the situation and lawyers providing specialised assistance in the field. The session will aim to provide practical insights and tips on how to act.
IBA Annual Conference Paris 2023
General counsels from Latin American companies will revert on the possible impact in the region of foreign or domestic investments, particularly from mergers and acquisitions made these past years and the near future. We will review investments derived from M&A from Asia and among the American regions. We will discuss the impact on Latin American economies, possible dos and don’ts, and specific case studies.
Mergers and acquisitions in Latin America
Associates want more from the law firms they work for. It is not just about giving them a job and paying them high salaries, it is also about giving them purpose and making them feel they are working for a modern, forward-thinking institution that cares. What is the deal between associates and law firms? What can law firms reasonably expect from associates? And what can associates reasonably expect from law firms?
IBA Annual Conference Mexico City 2024
M&A: share or asset acquisition trends in cross-border transactions
This is the Arbitration Committee’s traditional session that looks into the main developments of the year in investment arbitration.
IBA Annual Conference Paris 2023
The growth in credit funds has continued to accelerate, with record amounts being raised by managers. This workshop will consider trends in fundraising and some of the unique issues affecting credit fund managers, including raising capital from insurance companies.
23rd Annual International Conference on Private Investment Funds
This year, the European Court of Justice heard the EU Commission’s arguments against Malta’s Investor Immigrant Programme (IIP) and an Advocate General’s Opinion was published in October. Will this change countries approaches to whether there needs to be a genuine link through residence as well as the required investment before citizenship is offered? How does the EU’s opposition to citizenship and residence by investment play out in countries with these programmes? And how are established Caribbean and other programmes affected by the risk responses of banks and other financial institutions to these citizenships. Finally, will counties that closed their investor programmes ever bring them back?
11th Biennial IBA Global Immigration Conference
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