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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 recent years, countries, corporations and other actors have announced commitments to address climate change by developing roadmaps to “net zero” - the point at which greenhouse gas emissions have a neutral impact on the climate. While there has been dramatic growth in the number of voluntary corporate commitments and government targets under the Paris Agreement, the legal roadmap to net zero remains vastly underdeveloped. Developing a legal roadmap to net zero has the opportunity to create both carrots and sticks approaches to enable governments to accelerate net zero efforts, to foster environments where companies are incentivised to control and limit emissions, and where the public has opportunities to participate in advancing climate change policies and address adaptation. This panel will focus on how to create the first international law roadmap to net zero - a set of aspirational milestones for countries, companies and the public to achieve in order to facilitate success toward political and corporate net zero goals (including the building blocks of legal frameworks critical to these goals). The panel also will also focus on the role of lawyers in developing and implementing these milestones domestically to help ensure the law is in a position to achieve broader net zero goals.
IBA Annual Conference Paris 2023
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.
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.
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.
One of the major impediments to Nigeria becoming a regional hub for air transport, is the lack of necessary funding to finance the acquisition or leasing of aircraft fleets. As the country seeks to revive its national carrier, it will no doubt need to acquire a fleet of aircrafts to meet this objective. These acquisitions will be facilitated by various financial institutions both local and international, and will require guidance on the governing laws and procedures for such transactions applicable to the
Jun 07, 2021
This article examines the Dutch Franchising Act that went into effect 1 January 2021, providing an overview of its definitions, concepts, and content.
The Covid-19 pandemic continues to have a profound effect on our societies and on our economies. Policy-makers across the globe are providing unprecedented support to citizens, businesses and financial markets, in order to keep our economies moving and to fuel recovery. Responses differ by jurisdiction, both in the level and in the nature of the support. This article examines the responses of policy-makers in the United Kingdom and the Netherlands, with a particular focus on business support
In times of social distancing and self-isolation, people have to find ways of keeping their businesses functioning. In this regard, technology has been in the spotlight, as it has been the main tool for keeping the economy afloat in this pandemic. This short article aims to provide a brief overview of how electronic media could ease the processes involved in the world of law.
Dec 13, 2022
A concises overview of the preliminary proceedings filed against the state of the Netherlands on the measures to fight Covid-19
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.
Oct 12, 2021
In this article we look at the growth of data breach class actions in the UK and Europe following the coming into force of the General Data Protection Regulation (GDPR). We also consider regulatory activity in the data protection field and the links between investigations and recent class actions. Looking to the future we ask whether current trends are likely to continue, highlighting some powerful policy statements made by the English Court of Appeal in support of data breach class actions, and conclude with a few words on litigation funding and its role in facilitating these kinds of cases.
Jun 09, 2021
Since high-profile Republicans warned that mail-in voting had to be limited for the party to ever win the presidency again, hundreds of restrictive bills have been introduced across state legislatures. But rights advocates are battling voter suppression and corporate America is being pulled into the fight.
Sep 01, 2025
An interview with Anna Mestre, Vice Chair of the Land Transport Subcommittee of the IBA Maritime and Transport Law Committee.
Nov 06, 2020
In the spring, reports emerged alleging a link between the origins of the Covid-19 pandemic and wildlife, specifically that the virus began in a ‘wet’ market in Wuhan, China. The conditions in such markets – which often feature wild animals – make it easy for diseases to transition from wildlife to humans.
In March 2018, the Russian President instructed the government and the Bank of Russia to develop an action plan to accelerate growth of investments and their share in gross domestic product. Shortly afterwards, the Russian Ministry of Finance developed a draft law ‘On Protection and Promotion of Investment in Russia’, which was announced in October 2018. It was assumed that the adoption of this law would improve the investment climate and give impetus to the development of the country's economy.
Aug 03, 2022
Seven months after delivering the world’s first conviction in connection to the Yazidi genocide, Germany has convicted another Islamic State of Iraq and Syria (ISIS) member for the group’s campaign to eradicate the religious minority.
Jan 13, 2022
This article summarises the joint webinar of the Maritime and Transport Law Committee and the Aviation Law Committee, ‘Asset financing the transportation industry’, which took place on 6 October 2021.
In the face of ongoing atrocities in Syria, and despite years of the international community vowing ‘never again’, Myanmar presents the world with yet another crisis it appears unable, or unwilling, to halt. Over half a million people, predominantly stateless Rohingya Muslims, have fled Myanmar in the face of a brutal military campaign and the exodus continues. Upon their arrival in Bangladesh, men, women and children tell stories of indiscriminate killings, rape and torture
Jun 11, 2025
The Netherlands has positioned itself as a leading European jurisdiction for collective redress. Over the past few years, many (often international) ‘mass damage claims’ have found their way to Dutch courtrooms. Notable examples include massive privacy litigation cases and several other collective actions in the ‘tech’ sector. The Dutch collective regime also attracts landmark competition follow-on cases. This development may not come as a surprise. Many international corporations or their subsidiaries have a seat in the Netherlands and litigation in the Netherlands is considered relatively inexpensive. From a legal perspective, Dutch courts tend to be quite liberal in accepting international jurisdiction, while Dutch civil law offers ample possibilities for collective redress in mass damage cases. Also, Dutch law offers several routes to collective redress. Apart from ‘classic’ routes via power of attorney, assignment of claims or mandate, it has been accepted for decades, first by the Dutch Supreme Court in its case law, later confirmed by the legislator in the Dutch Civil Code, that a foundation or association may bring collective claims for the benefit of a ‘class’ of claimants or environmental or other general interests. Such collective claims used to be limited to obtaining collective injunctions, prohibitions or declaratory judgments. A collective claim for damages was excluded, because it was believed that collective proceedings do not allow for a proper assessment of the individual circumstances of the case needed for a damages award. Individual follow-up proceedings therefore remained warranted to obtain compensation. Over time, this belief has changed. In 2005, the Dutch legislator introduced the possibility to petition the Amsterdam Court of Appeal to declare a – voluntarily reached – collective settlement generally binding to the entire class of persons the collective settlement pertains to, with an opt out-possibility. In 2020, to enhance possibilities to settle ‘mass damage claims’, the Dutch legislator took a next, sweeping step, introducing the Wet afwikkeling massaschade in collectieve actie (WAMCA), enabling a foundation or association to claim collective damages for an entire class of persons, also on an opt-out basis. This article will discuss the possibilities for collective redress offered by Dutch civil law in more detail, focusing on the WAMCA. It will briefly discuss its background and then focus on the admissibility requirements for a foundation or association acting for the benefit of a group of stakeholders (to which we will also refer as ‘representative’). Five years after its introduction, the admissibility requirements have proven to be quite challenging for claimants. To date, only one WAMCA case has successfully met these standing requirements and proceeded to a judgment on the merits. This Vattenfall case was about alleged wrongful invoicing by an energy company. The District Court decided that the invoicing was not wrongful and dismissed the collective claim for damages in its entirety. The first court judgment actually awarding collective damages under the WAMCA is yet to come. We expect the more ‘classic’ routes to collective redress – such as those currently utilised in cartel damages litigation, which remains a flourishing practice – to continue to remain important. The future may bring even more mass damage cases, for instance following new European legislation in the field of ESG such as the Corporate Sustainability Reporting Directive and Corporate Sustainability Due Diligence Directive.
IBA Global Insight April/May 2017 - Once a Cold War flashpoint, Cuba has moved from economic and diplomatic isolation to open up its markets to foreign investment. The thawing of relations with the United States is fuelling expectations – but lack of legal certainty and the prospect of a hard line under President Trump mean caution is still advisable.
Apr 28, 2023
Corruption is a global issue that impacts all facets of society and undermines the rule of law and the effective administration of justice. Nigeria is not immune to this trend, as corruption has had devastating effects on its legal system, resulting in a weakened judiciary and law enforcement agencies, thus fostering a culture of impunity for the affluent and powerful.
This article details the journey of a pro bono correctional matter during Covid-19 and identifies the responsibility for all those in the legal field to continue services despite obstacles presented by the pandemic.
The Covid-19 outbreak has raised a number of questions for UK authorised fund managers relating to the operation of their UK authorised funds. Organisations’ responses to Covid-19 have also thrown into the spotlight the social aspect of sustainable investing, as the outbreak continues to test the resilience of company policies relating to measures such as working from home, sick leave and furlough.
Aug 02, 2023
A brief contemporary examination of the implementation of the use of Sustainable Aviation Fuels (SAFs) in the aviation industry.
Developments in executive compensation have resulted in more legislation and regulations on executive pay being introduced over the past two decades than in the previous 150 years. Ever since the last financial crisis, executive compensation has remained high on the agenda of many authorities. When there are concerns about executive remuneration, legislators first of all try to find the remedy through increasing the level of transparency. Such a transparency measure, currently favoured by various countries
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