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Indian Courts often decide the outcome of a dispute in the first few days through interim orders. The main dispute can take years thanks to high ‘pendency’ or case arrears in most courts. Pendency increased with the advent of Covid-19, leading to a side-effect described as the ‘pendency pandemic’. Simultaneously, new technology-based reforms and solutions emerged as India realigned itself for virtual hearings, digitised records, online filing and even the somewhat-controlled broadcast of court proceedings. The result may yet be work-in-progress.
This panel will examine the future of Indian litigation, whether a commercial case can be fast-tracked, the risk of innocent undertrials awaiting justice and the prospects of expedited dispute resolution over the next few years. The panel will also explore solutions and advocate best practices for achieving faster adjudication.
The 2nd IBA Litigation and ADR Symposium - the changing landscape of litigation and arbitration in India
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.
IBA Annual Conference Paris 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.
Sometime the relationship between an in-house legal team and a law firm is a story of long lasting success and sometime it is not. The session will address what can make a relationship win-win and what instead put it at risk. Expertise and costs are not the only two variables. Soft skills and reciprocal understanding are also important. With an eye to the future: how will you be using external lawyers in five years' time?
IBA Annual Conference Miami 2022
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.
Global pharmaceutical patent disputes are entering a new phase where litigation strategy is no longer confined to a single forum but shaped across parallel regimes – from Hatch-Waxman and US disclosure standards to the UPC’s evolving cross-border toolkit and SPC/PTE frameworks in Europe. This panel will explore how recent cases and procedural shifts are redefining exclusivity, enforcement timing and forum selection, and what this means for coordinating multi-jurisdictional litigation and launch strategies.
12th Annual IBA World Life Sciences Conference
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.
Criminal offences are increasingly being included in financial
regulatory statutes and dozens of new legislations. These include
initiatives covering privacy, data protection, competition law,
intellectual property, food safety, foreign exchange regulation,
tax, securities, insolvency and almost everything else from airports
to zoos. The incursion of criminal law into regulatory regimes
underscores the state’s inability to achieve compliance with the
rule of law without stiff penalties.
This panel will discuss the above issues from an international
perspective, exploring inter alia the cross-border application of law,
fugitives and multi-jurisdictional enforcement problems not only
to trace the offender but also to discourage the commission of an
offence by non-resident and untethered entities.
Third IBA India Litigation and ADR Symposium 2024: From fringe to focal: India at the centre of international dispute resolution
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.
Communicating across cultures involves recognising and bridging differences in communication styles, values and behaviours shaped by diverse cultural backgrounds. Effective cross-cultural communication is essential in today's globalised world, offering both significant benefits and potential challenges. The power of cross-cultural communication includes enhanced collaboration and teamwork, broader perspectives being introduced to enrich the decision-making process and market expansion for businesses. The risks and challenges of cross-cultural communication includes misunderstandings and conflict, stereotyping and oversimplification of cultural issues, and language barriers. By acknowledging the complexities of cross-cultural communication and actively working towards understanding and adaptation, employers can leverage the strengths of cultural diversity while mitigating potential pitfalls. Our speakers will discuss how we can assist employers in developing strategies for effective cross-cultural communication both internally and externally, and how we can enhance diversity and equality in the workplace.
Annual IBA Employment and Diversity Law Conference 2025
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Criminal offences are increasingly being included in financial regulatory statutes and dozens of new legislations. These include initiatives covering privacy, data protection, competition law, intellectual property, food safety, foreign exchange regulation, tax, securities, insolvency and almost everything else from airports to zoos.
The incursion of criminal law into regulatory regimes underscores the state’s inability to achieve compliance with the rule of law without stiff penalties. This panel will explore the above issues, and whether basic rights are compromised. Are these useful to discourage the commission of an offence by fugitive offenders, non-resident and untethered entities? Or do these laws serve to harass undertrials and innocent individuals?
Fourth IBA India Litigation and ADR Symposium
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.
Challenges and disruptions in-house: how are general counsels coping?
Jun 08, 2021
In February 2021, Texas’s power crisis became a major issue. From the discussions by experts and officials, it could be attributed to extreme weather conditions, exceptional electricity demand, a non-weather-resistant energy system, poor predictive planning, Texas’s laissez-faire energy market and its independent grid.
As remote and hybrid working has become the new normal, employers around the globe look to establish clear and comprehensive policies to reflect their practices. In this session, we will examine considerations in drafting a remote and hybrid working policy particularly for a global business. We will notably discuss the key employment and immigration issues to be covered in such a policy together with other challenges involved in implementing such a policy. Experts and leaders in the legal community as well as professional participants of the conference will also share their experiences and top tips for drafting such a policy.
Annual IBA Employment and Diversity Law Conference
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.
Watch as countries vie to win the coveted IBA gold, silver and bronze medals in the following categories:
- Fastest employer sponsored visa
- Lowest capital investment entrepreneurial visa
- Cheapest investor visa
- Best talent visa
- Best online application system
- Best new immigration reforms
11th Biennial IBA Global Immigration 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.
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