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Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions - China Working Group

By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.

A framework for digital platform regulation

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 Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

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.

Current US Sanctions with Respect to the Russian Federation: Successes, Challenges and a New Model for Economic Statecraft

As the United States has increased its use of sanctions, it has also refined the craft of sanctions. New sanctions concepts or tools have emerged in the last decade, leading to increased complexity in understanding, implementing and complying with these restrictions. Nowhere has this been seen more than in the US response to Russia’s invasion of Ukraine. The use of sanctions as a tool of foreign policy has reached a critical juncture. This article discusses the successes of US sanctions with respect to Russia, novel challenges that have emerged and how sanctions infrastructure may evolve to address these challenges.

Advocate General Henrik Saugmandsgaard Øe questions transfers to third countries

In light of the Schrems II case (C-311/18) the ECJ’s Advocate General Saugmandsgaard Øe sees no reasons to declare decision 2010/87/EU on Standard Contractual Clauses (SCC) invalid. Companies can use this safeguard to justify international data transfers. The Advocate General argues that Data Protection Authorities (DPAs) can examine individual cases and take appropriate measures. However, this argumentation could lead to a DPA banning an international data transfer for reasons outside of the sphere

Offshore finance: UK government halts push for greater transparency

In March 2019, the UK Parliament was due to debate a Bill requiring the UK’s crown dependencies – Jersey, Guernsey and the Isle of Man – to introduce public registers to bring about greater transparency in the hope this would prevent illicit financial flows

Duty to warn in construction contracts

Joint criminal enterprise in the Kosovo specialist chambers

In this article the authors discuss whether the KSC will follow the ICTY in interpreting article 16.1 of its statute to embrace the wide constructed liability of JCE III. They suggest there are good reasons why it should not: the terms of article 16.1 of the KSC Statute do not explicitly provide for JCE III. The ICTY Appeals Chamber read JCE III liability into article 7.1 of the ICTY Statute on the basis that it was ‘firmly established in customary international law’, yet JCE III has proved controversial a

A future bill to improve France’s anti-corruption framework

Five years on from the enactment of the Sapin 2 law, the ambition of which is to ‘bring French legislation to best European and international standards and to contribute to a positive image of France in the world’ , an evaluation of its effectiveness was carried out by a commission led by two Members of Parliament (MPs) Raphaël Gauvain and Olivier Marleix. The commission published a report listing 50 recommendations for improving France’s anti-corruption endeavours. The two MPs then decided to convert this into a draft bill which will consider some of the recommendations listed in the report. This draft bill, which has not yet been published, is currently under government review before its submission to parliament which is expected to take place in November 2021. The main areas for improvement identified by the MPs, which should be the subject of the draft bill, are outlined in this article.

Bigger Isn’t Always Better: the Trend Towards More Extensive Investigations in European Merger Control

The European Commission’s (the ‘Commission’) merger control investigations have become increasingly complex in recent years, in particular through requests for large document production and more input from third parties. This project of building cases with larger datasets may be well-intentioned, but the steps needed to digest the resulting information create real difficulties for accurate decision-making. This article highlights some of those issues, and proposes suggestions to address them.

American presidency: executive orders

IBA Global Insight April/May 2017 - Serving as Deputy Assistant Attorney General under George W Bush, John Yoo authored the ‘Torture Memos’ that provided the legal basis for US detention and interrogation policies following 9/11. Here, he assesses Donald Trump’s early days in power and says the use of executive orders is damaging his presidency.

English Anti-Suit Injunctions in Support of Arbitration

This article considers the position under English law for parties seeking to injunct proceedings in other jurisdictions in breach of a valid agreement to arbitrate. English courts have shown great willingness to grant such injunctions in appropriate cases. Recent case law demonstrates the English courts’ commercial mindedness and adherence to a strongly pro-arbitration policy. However, different considerations apply in instances where the non-arbitration proceedings are issued in a European Union state.

Android Auto: now that Bronner is dead, might innovation follow suit?

The recent judgment of the Court of Justice of the European Union (CJEU) in the Android Auto case represents a development in EU competition law, in relation to the essential facilities doctrine (EFD). The dispute originated from Google’s denial of interoperability between its Android Auto interface and Enel X’s JuicePass application – a refusal sanctioned by the Italian Competition Authority (ICA) as an abuse of a dominant position under Article 102 TFEU. The indispensability test affirmed in the landmark Bronner decision, was reconsidered in Android Auto, where the CJEU opened the door to granting access to a dominant platform, which had been developed as an open model, if it makes a product more attractive to consumers. This article investigates the broader consequences of this doctrinal shift: the gradual weakening of the indispensability threshold in digital environments, the increasing regulatory burdens placed on dominant digital platforms, and the potential ramifications for innovation, investment incentives, and legal predictability.

Expedited Arbitration Procedures as A Fast and Cost-effective Option – User Experience and Practice

Arbitration is no longer perceived as a cheap and fast option for resolving commercial disputes. Against the backdrop of increased user dissatisfaction with time and costs in arbitration, this article takes a fresh look at expedited procedure as one of the most effective techniques in response to this concern. The article begins by outlining the main features of expedited arbitration and then explores three areas where procedural rules diverge: (1) whether expedited procedures apply automatically, (2) the value threshold for their application, and (3) the appointment of arbitrator/s. Building on this general overview of procedural and institutional framework, the main part of the article identifies various genuine or perceived challenges encountered with expedited procedures. The article considers issues such as the suitability of expedited procedures for arbitration matters, their ability to deliver genuinely fast dispute resolution, challenges encountered with the constitution of the arbitral tribunal and due process considerations. These issues are analysed through the lens of user experience and practice gathered from caselaw, doctrine and empirical evidence, including from surveys conducted by the Singapore International Dispute Resolution Academy (SIDRA) since 2019.