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The SEC’s tough stance on intermediary institutions: compliance and litigation risks

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.

Mediating Disputes Involving Chinese Parties

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.

Navigating the artificial intelligence landscape: a legal perspective on governance

The rapid integration of artificial intelligence (AI) into business operations must have robust governance frameworks to navigate the complex legal and ethical landscape. This article examines the definition and key components of AI governance, its implementation within organisations and the critical considerations surrounding data protection, intellectual property, compliance and AI ethics. Furthermore, it provides focused analysis of the emerging regulatory environment in Colombia, specifically addressing Circular 002 of 2024 issued by the Superintendence of Industry and Commerce (Superintendencia de Industria y Comercio or SIC) and CONPES 4144 of 2025.

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.

Convincing neutral decision-makers: legal and evidentiary lessons from the Rogers–Shaw and Microsoft–Activision decisions

While international competition regimes rarely operate in precisely the same way, many share a common feature: the decisions of the country’s competition law authority are subject to third-party review. Usually, Canadian and United States enforcers must prove their case in front of an independent judiciary. In Europe, enforcement decisions may be subject to judicial review or appeal. Whatever the precise structure, the third-party review process has important implications for enforcers and merging parties alike. Perhaps the most fundamental is whether third-party reviewers approach the law and evidence the same way as enforcers. Often, they do not. Two recent Canadian and American merger cases are striking examples of this phenomenon. In these cases, judges dismissed the enforcer’s case because they fundamentally disagreed with the enforcer’s approach to the law and the evidence provided. In Canada, the CAD$26bn Rogers–Shaw merger – one of the largest domestic corporate transactions in the nation’s history – closed in April 2023 after over two years of unsuccessful government regulatory challenges and litigation. The global Microsoft–Activision acquisition – labelled the largest acquisition in the technology industry’s history – faced significant regulatory opposition from regulators in the US and the United Kingdom before finally closing on 13 October 2023. An attempt by the US Federal Trade Commission to block the Microsoft–Activision transaction failed in July 2023. Although one case involves a vertical merger in the technology industry and the other involved a horizontal merger in the telecommunications industry, the enforcers approached both cases in a similar fashion, and both lost their cases for the same reason: their approach to the law and the evidence was fundamentally different than that adopted by the courts. Despite the differences between the cases, Canada’s Competition Tribunal in Rogers–Shaw and Judge Corley in Microsoft–Activision adopted a strikingly similar approach to the law and evidence: one grounded in the principles of fairness, efficiency and common sense. Their decisions hold valuable evidentiary and legal lessons for enforcers and practitioners alike. This article summarises both cases, outlines the key similarities in the eventual decisions and concludes with a list of critical takeaways for enforcers and practitioners to refer to in circumstances where they must convince third-party decision-makers of the correctness of their position.

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

Unforeseen circumstances and contract rebalancing

Back charges in construction practice

In the construction industry, uncertain economic climates, such as that caused by the Covid-19 pandemic, can cause constraints on cash flow and potentially negatively affect liquidity across global supply chains. As such, employers have sought to rely on their contractual rights to avoid or delay payment. As a result, contractors and subcontractors are being faced with a lack of cash flow; it has regularly been stated that ‘cash is the lifeblood of the construction industry’ resulting in problems [...]

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.

Kosovo’s Membership of International Organisations

Although the International Court of Justice in 2010 concluded that Kosovo’s independence was not contrary to international law, Kosovo’s continued standing as a semi-recognised state hinders its acceptance into international organisations. This article reviews Kosovo’s unsuccessful (the UN, UNESCO and Interpol), successful (the IMF, the World Bank) and potentially successful (the Council of Europe) applications for acceptance into international organisations. It argues that, at least in terms of its membership of international organisations, for as long as Kosovo’s statehood remains contested, it will be a ‘Western’ rather than a fully ‘international’ state, for three reasons. First, because international law is strongly biased against secession, secessionist states such as Kosovo face obstacles when attempting to join international organisations, even if supported by powerful countries such as the US. Second, Kosovo’s chances for acceptance into international organisations are higher if the organisation is heavily influenced by the US and key Western European countries, and decision-making is not based on unanimity. Finally, if competing powers such as Russia can exercise veto rights and/or the scope of states voting for acceptance of Kosovo into international organisations is extended beyond North America and Europe, the probability of acceptance by such international organisations decreases.

Open health: how to re-use data in the context of the Covid-19 sanitary crisis in France?

Digital practices and the related use of personal data are now at the heart of many projects in the healthcare sector, and the Covid-19 crisis has had a boosting effect on this phenomenon. A key question is how to use such data for secondary purposes, including for sake of health research? Under French law, such re-use is possible, subject to a strict protection of personal data and the privacy of individuals.

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

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.

Keeping the Freezer Stocked: Interim Relief in Aid of Foreign Proceedings before the DIFC Courts

It is a common feature of financial fraud schemes for the proceeds of the fraud to be scattered across several jurisdictions, frequently through a network of connected entities. For the victims of fraud, the first step in attempts to salvage their investments will often be to seek a worldwide freezing order in the courts of the country in which the defendants and their activities are centred. In many such cases, however, the freezing order in the primary jurisdiction will not be sufficient

Demystifying Protectionist Regimes in the Age of Globalisation: A Brief Comparative Analysis of the Indian and Other FDI Screening Regimes

The world is experiencing the effects of increased globalisation at a transcendental speed. One of the key factors behind such globalisation is foreign direct investment (FDI). FDIs often outperform government aids and portfolio investments, as one of the largest sources of non-debt external financing. In addition to the direct benefit of capital inflows that FDIs bring, certain indirect benefits follow suit. Access to diversified international markets, an increase in domestic supply chains, reforms in domestic laws and regulation to keep pace with modernisation are key indirect benefits, which have made FDIs an attractive option for domestic markets. However, while modern governments are well informed about the lucrativeness of FDIs coming from resource-rich destinations, many countries have begun to implement rigid screening mechanisms before permitting FDI inflows. The rise of opportunistic takeovers and foreign investments made with undesirable motives has propelled an increase in FDI screening mechanisms across countries. The first part of this article aims to understand the general rise of protectionism in the formulation of FDI policies and the impact of the Covid-19 pandemic on the same. The second part involves an analysis of Indian FDI regimes with a protectionist character. Finally, in the third part, the authors compare the Indian FDI regime with other FDI regimes around the world, to identify protectionism in FDI laws.

EU concerns about cybersecurity in the financial sector

The EU’s European Council and the European Parliament have reached a provisional agreement on a new cybersecurity regulation with implications for the insurance sector. As a result of the proposed regulation, the Swedish Financial Supervisory Authority proposes to extend its supervision in this area.