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PRC courts increasingly willing to convert enforcement into bankruptcy proceedings-China Working Group.
Litigating in the Asia Pacific Region
By Yong Zhou. Counteracting unjustified extraterritorial jurisdiction: an analysis of PRC Blocking Rules - China Working Group, February 2021.
By invitation only: IBA Mid-Year Leadership meetings 2024
The British Virgin Islands (BVI) Court has for the first time recognised and enforced judgments delivered by the Court of the People’s Republic of China (PRC). It is a significant development in light of the established practice of Chinese individuals and entities using BVI corporate entities as asset holding vehicles.
All IBA officers of sections, committees and fora are invited to attend this Q&A session on how to be a successful officer, best-practices guides by fellow officers, and the opportunity to network with other committee officers.
By invitation only: IBA Mid-Year Leadership meetings 2025
It is common in a cross-border M&A transaction for the foreign vendor to require a Chinese purchaser to provide a deed of guarantee with the transaction documents as a security to the vendor for the purchaser’s obligations. Other than requiring a deed of guarantee executed by the guarantor with the signature by its legal representative and company stamp, what other documents are required to be checked and reviewed in order to make sure that the deed of guarantee is enforceable according to the Chinese law?
This session will take the form of an interactive roundtable, with each table hosted by a managing partner from a leading Latin American law firm. Participants will have the opportunity to engage directly with the managing partners, gaining personal insights into their journeys to leadership and the skills, challenges, and lessons learned along the way.
Topics to be discussed at each table include:
• navigating firm politics and partnership dynamics;
• building a personal brand and network within the region;
• leadership styles that resonate in Latin America;
• fostering diversity and inclusion at the top; and
• perspectives on preparing future firm leaders.
IBA Next Generation Legal Summit: Building your professional future in a changing world – a law firm management perspective
The IBA’s first live webcast of 2015 featured Viviane Reding MEP, former EU Vice-President and the first Commissioner responsible for Justice, Fundamental Rights and Citizenship, broadcast live from the European Parliament on 17 March.
Alison Taylor, a Clinical Associate Professor at the New York University Stern School of Business and Executive Director of Ethical Systems, recently published Higher Ground. In an interview with Nicola Bonucci, Alison will examine her acclaimed book’s main themes, including why running a business has become so complicated and how businesses can act responsibly in the modern world.
20th Annual IBA Anti-Corruption Conference
The IBA’s first live webcast of 2014 featured Michael Kirby, Chair of the UN Commission of Inquiry on Human Rights in North Korea. The former Australian High Court judge discussed the findings of the report, his methods of inquiry and what steps can be taken to bring accountability for the gross human rights abuses perpetuated by the Pyongyang regime. He also gave views on the global ‘war on drugs’, his work with the Joint UN Programme on HIV and AIDS and efforts to get worldwide reform for anti-gay laws
Next Gen Arbitration in Asia Pacific: Innovation, access, and legacy
Q&A session with the IBA's President and Executive Director
21st Annual IBA Anti-Corruption Conference
This webcast and audience Q&A with Paul Rawlinson, Global Chairman of Baker McKenzie, covered law firm strategy and culture, as well as topical issues such as the potential effects of Brexit and a Trump presidency
A dialogue between Andrea Appella and Professor Stefano Quintarelli.
The AI battlefields - How to navigate and overcome the legal challenges
Aug 22, 2016
This webcast and audience Q&A with Funke Abimbola, General Counsel of Roche UK, explored the corporate compliance challenges facing the leading biotech company and the evolving role of in-house lawyers.
The interview examined the legal aspects of supporting Roche’s pharmaceutical R&D and healthcare strategies, addressing issues such as company operations, risk management, and diversity in the profession. The interview was conducted by the BBC's Sally Bundock.
7th IBA Asia Pacific Regional Forum Biennial Conference
The third IBA webcast of 2015 featured José Ugaz, Chair of Transparency International (TI), and was broadcast live on 10 June. Ugaz is one of the world’s leading anti-corruption lawyers, During his time as Ad Hoc Attorney General of Peru, Ugaz prosecuted hundreds of government officials. He led the corruption case against the former President of Peru, Alberto Fujimori, who is currently serving a 25-year prison sentence.
• How are athletes’ rights and duties taken into account in modern sport?
• Gender equality in sports today: is it the beginning of a new era?
• The fight against racism and violence and for integrity: the example of FIFA.
• The specifics of ethics in sports: tools and objectives.
• The fight against doping: an old fight looking for a better outcome today?
• Sport as a soft power: is it a political instrument to further peace?
• Sanctions in sports and international trade: are we talking about the same creatures?
The Laws of Sports: fast and furious or stable and reliable?
A webinar presented by the IBA Professional Ethics Committee and IBA China Working Group, 20 April 2021, 1300 – 1400 BST
Certain states and non-governmental organisations have voiced concerns about the use of international arbitration to resolve disputes involving complex environmental issues. Among the criticisms of investor–state arbitration is that arbitrators often fail to consider a state’s domestic and international obligations to safeguard the environment, sometimes even at the expense of the investors’ rights. Additionally, some jurisdictions in Asia have established arbitration-friendly legal frameworks, bolstering confidence for both Asian and non-Asian parties in selecting an arbitration seat. This Oxford-style panel will delve into these two issues. The house will provide some motions. One panellist will defend the motion and the other will rebut it.
• First motion: this house believes that the international arbitration legal framework is well-equipped to handle cases involving complex environmental issues.
• Second motion: ‘The Battle of Seats’ – this house believes that Asia-based seats will continue to increase in popularity in the coming decade.
IBA Arb40 Symposium: Salient issues in international arbitration
Jun 06, 2016
This webcast with Drago Kos, Chair of the OECD Working Group on Bribery, covered timely issues in anti-corruption, including relevant aspects emerging from the Panama Papers as the OECD commenced the 4th phase of review under the OECD Anti-Bribery Convention.
The webcast was conducted by Jonathan Rugman, Foreign Affairs Correspondent at UK broadcaster Channel 4.
The legal world is facing a generational shift in expectations around work-life balance, purpose and firm culture. This session brings together law firm leaders who are rethinking how they hire, train, lead and retain talent. What’s working? What isn’t? And what do Gen Z lawyers really want?
Law Firm Management Committee Latin America Conference - Building the law firm of the future
The second IBA webcast of 2015 featured James Palmer, Senior Partner of Herbert Smith Freehills, and was broadcast live on 24 April. Discussion covered law firm management and strategy, and corporate governance among other themes.
The session will explore how the rules and practice of international trade are evolving, as reflected in the expanded use of trade defence tools such as trade remedies, safeguards, unilateral tariffs and countermeasures, the return of managed trade arrangements and the reordering of global trading blocs. The session will be practical and forward-looking; it will focus on what lawyers need to know to help clients structure their supply chains and the extent to which domestic courts and international institutions like the WTO can offer meaningful recourse to protect parties’ interests in rules-based trade.
IBA Annual Conference Miami 2022
Interview and Q&A with M Cherif Bassiouni, Chair, Bahrain Independent Commission Inquiry, at the IBA Annual Conference in Dubai. In discussion with Nick Clark of AlJazeera. Plus question and answer session
This session will discuss developments in the practice of litigation, including: (i) the landscape of disputes involving new currencies; (ii) disputes that create a conflict between the creditor and the shareholder; and (iii) the funding of disputes.
A review of emerging themes in ADR (2023 version)
Jan 13, 2025
On 26 April 2024, the Chinese State Council passed the Tariff Law of the People’s Republic of China, which came into force on 1 December 2024. The new law consolidates existing rules in different documents and certain practices in one administrative law.
- Commercial arbitration: non-signatories sought to be joined, what limits are there?
- Sports arbitration: avoiding ‘forced arbitration’ for athletes
- Can we escape an arbitration agreement (vitiated consent,termination, etc)?
- Investment arbitration: issues of consent
25th Annual IBA Arbitration Day: 25 years together and now? Building the arbitration model for tomorrow
Jan 24, 2023
Grace Perez-Navarro is Director of the Organisation for Economic Co-operation and Development’s (OECD) Centre for Tax Policy and Administration. Here, she speaks to Global Insight about the key issues facing the OECD, from the implementation of its ‘Two Pillars’ tax reforms to ensuring that the interests of developing countries are protected.
14th Annual IBA Real Estate Investments Conference
Navi Pillay, United Nations High Commissioner for Human Rights, was the interviewee for a wide-ranging IBA webcast and Q&A, broadcast on Friday 30 May 2014 as part of the IBA's webcast series.
A South African of Indian Tamil origin, Ms Pillay served as the first non-white female judge of the High Court of South Africa and President of the International Criminal Tribunal for Rwanda before taking up her post at the UN in 2008.
The role of the courts in arbitration: an Asia Pacific perspective
Sep 14, 2022
‘Did you conduct an internal investigation at the time?’ This is how an investigating judge questioned our client during a first appearance hearing concerning 20 year-old facts.
Whilst any lawyer will tell you that every M&A (mergers and acquisitions) transaction takes a course of its own due to its own individuality/sector, there are nevertheless a number of fundamental essentials which every M&A lawyer – whether newly qualified or otherwise – needs to know. During this session, our expert panellists will cover key topics which any newly qualified M&A legal professional can expect to encounter in their first years of legal practice, as well as sharing individual transaction challenges and successes.
The Fundamentals of International Legal Business Practice
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.
RuleOfLawFrom the outset of the pandemic, barristers and advocates recognised and were supportive of the attenuations to the justice system, which were necessary to ensure that justice could be delivered in the circumstances, which prevailed. In that context, it was accepted that remote hearings were necessary to ensure that system of justice continued to function. These remote hearings and other arrangements were however introduced as part of an emergency response. There was no time to gather any of the necessary stakeholder requirements nor to consult, design, test and implement a reformed system that would ensure these requirements were met in a sustainable manner. Against this background, it should not therefore come as a surprise to find that, for some, although the reforms that have been introduced have successfully avoided justice grinding to a standstill, they have not achieved the necessary or optimal levels of suitability or practicability and have arguably weakened adherence to some core principles of justice. Indeed in several areas the changes introduced have been regressive, limiting and jeopardizing access to justice and introducing impediments to the proper conduct of court proceedings.
This session will examine the benefits and drawbacks of the new ways conducting trails during the pandemic and try and assess their overall impact. Speakers will reflect a variety of different jurisdictions and perspectives
IBA Annual Conference Miami 2022
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.
7th IBA Asia Pacific Regional Forum Biennial Conference
Nov 15, 2021
The Covid-19 pandemic has been an ongoing disruption for more than a year. As of September 2021, the pandemic continues to pose enormous health and socio-economic challenges for the world. However, the pandemic has also presented a tremendous opportunity to restructure things to fit people’s visions. Judiciaries and arbitral institutions have been made great efforts to embrace these changes - as Winston Churchill once stated during the Second World War, ‘never let a good crisis go to waste’. This article will discuss the impact of the pandemic on commercial dispute resolution, focusing on how courts and tribunals in Asia have responded to this changing landscape.
A number of jurisdictions have enacted new restructuring regimes in the recent years. Such regimes provide different features, many times adapted to the particular circumstances of the applicable jurisdiction. The purpose of this panel would be to offer an oversight of certain of those restructuring regimes, and to assess, in the light of their applicable features, which ones would suit better equity holders, creditors, debtors, employees and other eventual stakeholders with an interest in the restructuring process.
28th Annual IBA Global Insolvency and Restructuring Conference - Restructuring vs Insolvency
Sep 12, 2024
Nearly a decade has passed since the IBA Arbitration Day in Shanghai in March 2016, the first and to date only IBA Arbitration Day held in the People’s Republic of China. Multiple speakers expressed the view during the conference that, as a jurisdiction that is rapidly globalizing with an international outlook, China’s place in the international arbitration community was established and would only expand in importance. Justice Shen Hongyu of the People’s Supreme Court gave an address describing China as an enforcement-friendly jurisdiction. Not long after the 2016 IBA Arbitration Day, one commentator addressed how China might soon become an ‘international arbitration superpower’. Today, in 2024, we reflect on whether these expectations have been met. The answer is: more ‘no’ than ‘yes’.
This session will discuss developments in mediation, including: (i) the advancement of hybrid dispute resolution processes; (ii) the application of artificial intelligence (AI) in mediation; and (iii) ethics governing lawyers and mediators in a mediation process.
A review of emerging themes in ADR (2023 version)
Dec 13, 2021
Summary of the sixth session of ‘The fundamentals of international legal business practice: global trends in changing times’, a virtual eight-part training series presented by the China Working Group (CWG) of the IBA Asia Pacific Regional Forum (APF) and IBA Young Lawyers’ Committee (YLC), 27 July 2021.
Advancements in technology are changing lawyers’ work as we've known it. Whether the legal profession will successfully navigate the myriad of problems and opportunities arising in the digital space remains to be seen. AI ranks at the top of the IBA’s strategic plan and many other organisations’ priorities. This panel, composed of regulators, industry experts and lawyers, will delve into how the legal services landscape is changing amidst regulatory developments across various jurisdictions.
IBA Annual Conference Mexico City 2024
Apr 05, 2022
Purchasing directors and officers insurance (D&O insurance) is a standard practice for public companies in the United States. The same is not standard practice in another major economic power, China, but that may no longer be the case. The demand for D&O insurance has recently spiked in China in response to the new Chinese Securities Law that went into effect in March 2020.
IBA Young Lawyers' Committee Training: Becoming a champion
This article provides an overview of developments in international arbitration in Mainland China amid the absence of amendment to the 1995 PRC Arbitration Law. It explores China’s gradual transition towards becoming a more arbitration-friendly jurisdiction through judicial rulings on individual cases. Chinese courts are actively shaping the legal landscape to meet the demands of a growing international arbitration market. Key topics covered include the validity of arbitration agreements, the treatment of incomplete arbitration clauses, the adoption of the seat of arbitration, the interpretation of foreign-related factors, the adoption of international guidelines and soft law. This article discusses the significant role review of ICC cases by PRC Courts has played in the development of the legal principles applicable to foreign related and international arbitration cases conducted in Mainland China.
Defenders in decline: human rights lawyers at risk in Southeast Asia
Jan 13, 2025
The Chinese data protection regime, along with extensive supplementary implementing regulations, exerts a comprehensive influence on data protection regulations with extraterritorial implications and significant impacts on companies conducting business in China, with a particular emphasis on the supervision of cross-border data transfers. Companies engaged in the processing of personal information of individuals residing within the territory of China during business operations may be subject to regulatory oversight, regardless of whether they are physically established in China.
ESG regulatory developments and key issues in the Asia Pacific region
By Dominic Hui. News corner - China Working Group, February 2021.
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 David Wang, April Yan and Klaus Ni. How foreign investors can legally invest in Chinese K12 education - China Working Group
This session will explore the need, and potential requirements, for an international commercial court in Asia. The panel members will discuss the work of the Singapore International Commercial Court, the China International Commercial Court, the Dubai International Commercial Court, and the Qatar International Court to assess their development since inception and analyse their importance in the global marketplace. In addition, the panel members will discuss recent developments of other commercial courts across Europe and the Middle East with the aim to ascertain how effective these commercial courts have been in managing and resolving global disputes.
Litigating in the Asia Pacific Region
Whilst the emergence and rapid spread of the Covid-19 pandemic has had a significant negative impact on the market of consumer goods within the People’s Republic of China (PRC), the short-term economic decline could also give rise to a strong rebound in purchasing. Taking the Middle East Respiratory Syndrome (MERS) epidemic in South Korea in 2015 as an example, the MERS outbreak happened in June 2015, during which time retail sales in South Korea collapsed to their lowest levels.
By their nature, international arbitrations involve lawyers, clients and others from multiple jurisdictions where ethical and the way in which lawyers practice can vary widely. This panel considers the impact of these differences from the perspective of both counsel and arbitrators in seeking to acknowledge how these differences can be highlighted to more efficiently resolve disputes.
IBA Annual Conference Miami 2022
Closing the Chapter: A discussion around cross border enforcement of court decisions and arbitral awards
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