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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.
In this session, we will explore how to effectively negotiate with employee representatives, the challenges and pitfalls presented in both face-to-face and remote negotiations (taking into consideration different cultures and jurisdictions).
Annual IBA Employment and Diversity Law Conference
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.
This international panel will discuss major litigation involving aviation law issues. It will also provide an update on various airport liability issues and emerging aviation insurance issues (such as those arising from climate change, international conflicts, and the Covid pandemic).
IBA Annual Conference Paris 2023
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.
This session will look at the different aspects of working remotely, be it hybrid, local, national, or international.
IBA Annual Conference Toronto 2025
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.
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.
Feb 19, 2026
Reflecting on personal experience within the domestic and international spheres, this article explores how to navigate merger and association projects, advising against common mistakes and offering recommendations for the right choices that can make the process as easy as possible.
May 18, 2021
This article addresses the discussions revolving around how Brazilian law deals with the issues of governing law and competent jurisdiction arising in respect of the contractual relationship established between passengers and airline companies and disputes arising thereunder, particularly in the age where air tickets are mostly purchased online and air carriers (when of foreign origin) and passengers are domiciled in different jurisdictions.
Mar 05, 2021
The Bar Human Rights Committee of England and Wales (‘BHRC’) and the International Bar Association’s Human Rights Institute (‘IBAHRI’) are gravely concerned about the deteriorating human rights situation in Sri Lanka and join calls made during the 46th session of the UN Human Rights Council (‘UNHRC’) for Sri Lanka to pursue accountability for past and recent grave human rights violations.
On 3 June 2020, a Court of Labor Appeals in Uruguay rendered the first local decision on enforcement of an arbitration provision between Uber and a driver using its app.
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.
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
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.
Oct 03, 2023
The IBAHRI and Lawyers for Lawyers (L4L) have issued a joint statement condemning the arrest of Zimbabwean human rights lawyers Douglas Coltart and Tapiwa Muchineripi and calling for authorities to drop all charges against them.
By a decision dated 15 September 2020, the Court of Justice of the European Union has confirmed that zero-rating practices are banned under Regulation 2015/2120, the Regulation that introduced net neutrality provisions into the EU framework.
Apr 04, 2024
Civil and commercial disputes arising from armed conflicts stem from a multitude of causes, ranging from torts and delicts committed during combat to breaches of contractual obligations, fully or partially brought about by sanctions regimes targeting individuals and entities associated with the aggressor. Typically, such disputes inherently present distinctive challenges and intricacies, including issues surrounding state immunity and the imperative of attaining recognition and enforcement of judgments in foreign jurisdictions, particularly when the aggressor’s assets within the jurisdiction of judgment origin prove inadequate to satisfy the damages awarded.
A brave new world: enforcement of foreign judgments in China - Litigation Committee newsletter article, April 2020
Jul 01, 2022
This article considers the main achievements in the first six years of Hong Kong’s Competition Ordinance (the ‘Ordinance’) and the pain points that have emerged. The article provides in-depth analysis of the Ordinance, cartel and non-cartel enforcement activity, ongoing investigations, private litigation and merger control. The article covers key policy developments and, looking ahead, what we can expect to see from the Hong Kong Competition Commission.
Dec 01, 2021
The migration phenomenon occurring in the Mediterranean Sea is vast. The numbers are uncontroversial: since 2014, more than two million migrants have crossed the Mediterranean Sea, mostly using the so-called central route from Libya and Tunisia straight to Sicily and Malta.
Jan 29, 2026
This article analyses the recent judgment in Case C-115/24 UJ v Österreichische Zahnärztekammer, which addresses the complex issue of jurisdiction in cross-border healthcare delivered via telemedicine within the European Union. Case C115/24 of the Court of Justice of the EU (CJEU) concerns questions about which national law applies to crossborder telemedicine services within the EU. The case before the CJEU submitted by the Austrian Supreme Court considered whether telemedicine services should be governed by the laws of the Member State where the provider is established or where the patient resides. The CJEU clarified that telemedicine services are subject to the legislation of the provider’s Member State, provided the service is delivered exclusively via information and communication technologies without simultaneous physical presence. The ruling further distinguished between telemedicine and in-person care, holding that local law applies to physical healthcare delivered in the patient’s country. This article highlights the implications for telehealth providers, who must ensure compliance with relevant national and EU laws when offering cross-border services.
Oct 20, 2021
The United Kingdom’s withdrawal from the European Union (Brexit) has brought about significant changes to international dispute resolution in the UK and, insofar as disputes have a UK nexus, in the EU. In particular, since the end of the transition period, the Brussels Recast Regulation, which provides, inter alia, for the free circulation of judgments between EU Member States, no longer applies in the UK. Neither does it apply in the EU to judgments rendered by UK courts. Similarly, the UK has lost its access to the Lugano Convention. As the EU-UK Trade and Cooperation Agreement does not include rules on private international law, many important questions for cross-border dispute resolution between the EU and the UK are now determined by other multilateral treaties (notably the Hague Convention on Choice of Court Agreements) and domestic private international law rules. This article discusses the impact of Brexit on the litigation and arbitration of commercial disputes from both EU and UK perspectives. In particular, this article considers the impact of Brexit on the following key issues: jurisdiction agreements and the enforcement of foreign judgments, choice of law and arbitration. The article analyses the changes brought about by Brexit to the legal landscape for dispute resolution and considers the consequences such changes may have for parties’ choice of law and forum.
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.
The Association of Southeast Asian Nations (ASEAN) Experts Group on Competition (AEGC) is the regional forum for competition authorities in Southeast Asian. Recently, the AEGC of the ASEAN jointly called on all business sectors in Southeast Asia to continue to comply with competition law despite the current economic downturn. While forced to take transitory measures, such as extending timelines and taking applications and meetings online, the competition authorities in Southeast Asia remain committed
For decades, the United Kingdom has been one of the main resolution centres for cross-border disputes, notably for the bespoke solutions that can often be reached thanks to the flexibility of the common law system. A major contributing factor to this success has also been the efficacy of UK decisions, which are easily enforceable throughout Europe by the operation of the Brussels I Recast Regulation and the 2007 Lugano Convention.
Jan 19, 2024
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.
Traditional corporate law designs templates for legal entities for organised commercial collaboration among individuals, investors, lenders and licensors serving customers over a long period. In many cases, corporate law is ill-suited to define legal rights and responsibilities among commercial participants under more limited circumstances. For example, a unique framework for such collaboration may be more flexible and desirable where all the participants are micro, small and medium-sized enterprises (MSME
In the past two years, US companies have been forced to comply with sweeping new requirements to safeguard individuals’ personal data imposed by the EU’s General Data Protection Regulation and the California Consumer Privacy Act.
In a digitally connected world, where data flows across continents in the blink of an eye, protecting citizens’ data privacy has become integrated in most businesses’ crucial operations. It was not long ago that US companies saw privacy as a European obsession
Oct 13, 2022
There has been tangible change in international commercial relations in light of the 2022 economic sanctions imposed by the EU, UK and US following developments in Ukraine in February 2022. Lord Mance (at a Global Arbitration Review ‘GAR Live London’ in July 2022) made the comment ‘by far the most likely effect of sanctions in international arbitration is to the funding of cases outside Russia where one party is sanctioned and their assets frozen’. This article considers the implications on international arbitration from both procedural and substantive perspectives. It also touches on the implications under international law. In short, there are a number of ‘procedural’ difficulties to ongoing international arbitrations and on the ability to effectively enforce international arbitral awards. There are also risks, although more limited in scope, to substantive provisions of contract which may or may not lead to an increase in arbitration. Although there will be changes and limitations to international arbitration in light of the EU, UK and US sanctions, this article concludes that those limitations and will be minimal in scope and application. This is because arbitral rules and tribunal case management powers can happily regulate the disruption caused by sanctions. The article also concludes that international arbitration will see an increase in the use of orthodox substantive rights and obligations relating to frustration, impossibility, illegality and hardship. Hardship pursuant to various Civil Codes will be especially popular.
Jul 18, 2023
A report of the 25th Transnational Crime Conference, held 3–5 May 2023 in Boston, Massachusetts.
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