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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.
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.
Doing business between China and India
Aviation Law Committee 27 April 2020
An open meeting of the India Working Group held to discuss matters of interest and future activities.
IBA Annual Conference Miami 2022
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.
An open meeting of the India Working Group, held to discuss matters of interest and future activities.
IBA Annual Conference Paris 2023
Perspectives on a ‘right to be forgotten’ in the midst of the reintegration of ex-guerrilla members in Colombia.
IBA Annual Conference Mexico City 2024
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
An open committee business meeting where all members and Officers are invited to learn more about the current and upcoming activities and developments of the Committee.
IBA Annual Conference Toronto 2025
May 09, 2023
One of the most important challenges after the signature of the peace process in Colombia with the FARC guerilla (the ‘Peace Process’) is how the government, and the society as a whole, can assure ex-guerrilla members that they will be able to reintegrate effectively into a digital driven society where information about their past, and about the crimes they committed, is just one click away.
Join us for our open business meeting of the IBA India Working Group, where all members and Officers of the Working Group are invited to learn more about the current and upcoming activities and developments.
IBA Annual Conference Copenhagen 2026
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.
Jul 14, 2024
Innovation was the leading topic at the 4th European Automotive and Mobility Services Conference convened on 14 March 2024. Nearly 100 delegates gathered at Upper East, a unique venue boasting an industrial chic vibe on the 9th and 10th floors, located behind Ostbahnhof station.
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.
**Accredited by the Law Society of Hong Kong with 1.0 CPD point**
Topics will include:
- An overview of the rules on conflicts of interest in other countries, such as China, Hungary, Indonesia, Italy, Philippines, Singapore and the United States
- Managing conflicts of interest for local and cross-border matters, and case studies of other ethical traps in each country
- Tips on ensuring a consistent approach in resolving conflicts of interest issues and to manage client’s expectations
Opening remarks
- Peter Bartlett MinterEllison, Melbourne, Victoria; Chair, IBA Legal Practice Division
Moderator
- Caroline Berube HJM Asia Law & Co, Guangzhou; Council Member, IBA Legal Practice Division
Panellists
- Riccardo Cajola Cajola & Associati, Milan; Webinar Officer, IBA Professional Ethics Committee
- Michael S Carl SSEK Legal Consultants, Jakarta
- Jose Cochingyan III Cochingyan & Partners Law Offices, Makati City
- Gábor Damjanovic Forgó, Damjanovic & Partners, Budapest; Secretary-Treasurer, IBA Professional Ethics Committee
- Ruth Guo Yingke Law Firm, Beijing
- Rachel McGuckian Miles & Stockbridge, Rockville, Maryland; Scholarship Officer, IBA Professional Ethics Committee
**Accredited by the Law Society of Hong Kong with 0.5 CPD point**
Moderator:
- Mark Gilligan Morgan Lewis, Abu Dhabi; Special Projects Officer, IBA Young Lawyers' Committee
Panellists:
- Karla Gonzalez BLP, Costa Rica
- Janet Hui JunHe, Beijing; Senior Vice Chair, IBA Antitrust Section
- Vincent Xuekai Qian Dentons, Beijing
- Hin Han Shum Squire Patton Boggs, Hong Kong SAR; Asia Pacific Regional Forum Liaison Officer, IBA Young Lawyers’ Committee
**Accredited by the Law Society of Hong Kong with 0.5 CPD point**
In the last decade, technology, innovation and a shift in legal consumers buying practices have upended the legal industry and reshaped the way legal services are delivered. The dominance of the law firm partnership as the primary provider of legal services has been challenged by the rise of in-house legal departments, non-firm services providers and the Big Four. The impact of these changes has not been lost on the legal job market, where opportunities and new career models abound for young lawyers seeking alternatives to the ‘up-or-out’ trajectory in most law firms.
This session will:
- Explore these career models, and discuss whether they have had any impact on the career prospects of young lawyers in China/Asia;
- Examine how law firms in China/Asia are responding to these changes, including the creation of new roles (project management, knowledge management, data science and analytics, etc.) within law firms for those with legal backgrounds other than the traditional partner and associate roles; and
- Identify the qualities, traits or skills required of young lawyers looking to succeed as partners in a law firm.
Moderator:
- Patricia Ngochua Romulo Mabanta Buenaventura Sayoc & de los Angeles, Makati City; Website Officer, IBA Asia Pacific Regional Forum
Panellists:
- Andrew Ang WongPartnership, Singapore
- David Shiduo Xu Zhong Lun Law Firm, Beijing
- Sky Yang Bae Kim & Lee, Seoul; Council Member, IBA Legal Practice Division
**Accredited by the Law Society of Hong Kong with 0.5 CPD point**
The IBA is the largest global association for the legal profession and also the biggest referral network in the legal world. When used effectively, there is no better place to build connections with leading international practitioners around the world and expand your business globally.
In this session, the panellists will share tips and advice on how to strategically build and expand your personal brand through the IBA, like many other young lawyers in other jurisdictions have, as well as how to use the IBA as a tool to build your personal and professional network.
Moderator:
- David Dali Liu JunHe Law Offices, Shanghai; China Working Group Liaison Officer, IBA Asia Pacific Regional Forum
Panellists:
- Peter Bartlett MinterEllison, Melbourne, Victoria; Chair, IBA Legal Practice Division
- Joe Bell International Bar Association, London
- Sun Hee Kim Yulchon, Seoul; Newsletter Officer, IBA Asia Pacific Regional Forum
**Accredited by the Law Society of Hong Kong with 1 CPD point**
This session aims to provide an introduction to cross-border mergers and acquisitions by discussing transaction structures, due diligence, deal documentation and closing processes.
The panel will also draw on their experience to discuss recent trends and topics in cross-border M&A transactions, including the impact of the Covid-19 pandemic, and changing political and regulatory considerations worldwide.
Moderator:
- Jong Kwon Ryoo Yulchon, Seoul; Corporate M&A Law Committee Liaison Officer, IBA Asia Pacific Regional Forum
Panellists:
- Joanna El Khoury Morgan Lewis, Dubai
- Bruno Maggi Bruno Maggi Advogados, São Paulo; Co-Secretary, IBA Young Lawyers' Committee
- Pranav Srivastava Phoenix Legal, New Delhi; Treasurer, IBA Young Lawyers' Committee
- Jennifer Wang AllBright Law Offices, Shanghai
**Accredited by the Law Society of Hong Kong with 1 CPD point**
This session will provide a practical guide for handling international arbitration in outlining mechanisms in the Asia Pacific region. The session will address practical difficulties in handling factual witnesses and expert witnesses, some of the cultural aspects at play in cross-border dispute resolution, enforcement issues as well as the divergence in judicial and arbitral systems in the region.
Moderator:
- Ariel Ye King & Wood Mallesons, Shenzhen; Chair, IBA One Belt One Road Subcommittee
Panellists:
- Sae Youn Kim Kim & Chang, Seoul; Vice Chair, IBA Arbitration Committee
- Neerav Merchant Majmudar & Partners, Mumbai; Regional Representative Asia General, IBA Litigation Committee
- John Rainbird Allen & Overy, Singapore
- Kathryn Sanger Herbert Smith Freehills, Hong Kong SAR
**Accredited by the Law Society of Hong Kong with 1 CPD point**
Our speakers from China, France, Italy and the UK will discuss practical cases and cover legal and cultural challenges dealing with acquisitions of European targets by Chinese companies as follows:
- Identifying targets and contractual processes from NDA to SPA important clauses for cross-border acquisitions by Chinese entities in Europe.
- Negotiation tips to conclude successful closing for Chinese companies acquiring European target companies.
- Key post-closing challenges and success stories.
Moderator:
- Caroline Berube HJM Asia Law & Co, Guangzhou; Council Member, IBA Legal Practice Division
Panellists:
- Riccardo Cajola Cajola & Associati, Milan; Webinar Officer, IBA Professional Ethics Committee
- Stéphane Coulaux CMG & Associés, Paris
- Christopher Owen Penningtons Manches Cooper, London; Co-Chair, IBA European Regional Forum
- Linda Yang Yingke Law Firm, Beijing
**Accredited by the Law Society of Hong Kong with 1 CPD point**
Being an effective legal advocate requires a combination of writing, oral and interpersonal skills. The panellists at this session will discuss the top lessons that they’ve learned in becoming a better oral advocate, in transforming into a more skilled writer and in dealing with others, whether superiors, adversaries or judges. The panellists will also speak as to how they have evolved as attorneys over the years and what they would tell the younger versions of themselves coming out of law school.
Moderator:
- Alberto Mata Rodriguez Deutsche Pfandbriefbank AG, Madrid; Co-Vice Chair, IBA Young Lawyers' Committee
Panellists:
- Mark Hsu Hawkins Parnell & Young, New York City, New York; Co-Vice Chair, IBA Young Lawyers’ Outreach Subcommittee
- Arush Khanna Numen Law Offices, New Delhi; Website Officer, IBA Young Lawyers' Committee
As China is determined to open itself up further at a high standard to the world and share market opportunities with other countries for a community of shared future for the mankind, a lot of uncertainties include the pandemic, change of climate and international relationship arising at the same time in today’s world will bring changes to the flow and activities of China’s outbound investment. The China session will review the new trends of China’s investment activities in the world and discuss the opportunities brought by the collision of such uncertainties of the world with China’s certainty of determination.
This session will provide a broader picture from global perspective of the new trends of China’s outbound investment and the related hot topics, trying to provide a vivid vision to the audience which goes beyond the specific legal issues in specialized legal areas. The discussion will focus on the changes of industries which attracts China’s investments, the social responsibilities that Chinese investors undertakes in the local community, the recent development in One Belt and One Road regions and the opportunities arisen from such changes and development. Meanwhile, the recent cases will also be studied during the discussion. The experts from China, Europe, America and Asia will be invited to participate in the discussion.
IBA Annual Conference Miami 2022
IBA Annual Conference Miami 2022
This session will consider the following topics:
- Elusive safe harbour: deciphering the contours of due diligence obligations to be carried out by intermediaries in order to avail legal insulation for third party content.
- From timebound takedowns to enabling identification of first originator of information: talking all things accountability, legitimate state action, curbs on free speech and right to privacy.
- Navigating legal complexities in the face of a labyrinth of jurisdiction specific laws - is the time ripe for harmonisation of laws?
- Categorization of intermediaries (including social media intermediaries) – need for a risk-based approach?
- Regulatory shift towards personal liability regime for the officers of intermediaries: a desirable move?
IBA Annual Conference Miami 2022
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