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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.
€188
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.
€188
IBA Annual Conference Paris 2023
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.
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.
Ticket price: £135
Please note attendance is only possible for those aged 21 and above.
IBA Annual Conference Toronto 2025
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.
Ticket price: £135
Please note attendance is only possible for those aged 21 and above.
IBA Annual Conference Toronto 2025
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.
Ticket price: £135 per person
One place per registered delegate is permitted.
11th Biennial IBA Global Immigration Conference
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.
Jun 01, 2022
Hot on the heels of the ‘corporate purpose’ and environmental, social and governance (ESG) debates, investor stewardship is the latest buzzword in comparative corporate governance. What started as a domestic regulatory initiative in the United Kingdom in 2010 morphed into a global phenomenon and eventually reached Indian shores. A stewardship code is essentially a principles-based framework, which aids institutional investors in fulfilling their responsibilities, in terms of protecting and enhancing the value of their clients. A corollary of this, meaningful implementation of the stewardship principles also improves the corporate governance practices of the investee companies – institutional investors are required to actively engage as ‘stewards’ in the corporate governance of their portfolio companies. The Insurance Regulatory and Development Authority of India (IRDAI) floated its stewardship code in 2017 (and revised in 2020) and the Pension Fund Regulatory and Development Authority (PFRDA) followed suit in 2018. Most recently, the stewardship code of the Securities and Exchange Board of India (SEBI) (India’s capital markets regulator) was implemented in July 2020 and the SEBI, through a separate circular dated 5 March 2021, also mandated mutual funds to vote on all resolutions from 1 April 2022 (collectively, the IRDAI, PFRDA and SEBI stewardship codes are referred to as ‘the Indian stewardship codes’). Today, UK-style stewardship codes have been exported to over 20 jurisdictions, and the Indian stewardship codes resonate with the global stewardship movement and the drive towards corporate sustainability and engagement on ESG-related issues. However, while the Indian stewardship codes have made a laudatory start, there is significant scope for improvement, in light of developments in the global stewardship movement. One significant reason why improvements are necessitated is the modelling of the Indian stewardship codes along the lines of the UK code. This modelling has overlooked the differences in cross-jurisdictional shareholding patterns and consequently limited its success – the article explores the structural weaknesses flowing from the transplantation of the UK code to India (a country with a concentrated shareholding pattern).
Apr 28, 2023
Although the significance of classical pro bono work in the Swiss legal system seems more limited than in common law jurisdictions, the system nonetheless offers a variety of options for underserved communities to obtain access to justice at no or at least reduced cost. While these options do not qualify as actual pro bono services in the strict sense, they all help to promote and strengthen the rule of law. Yet, there still seems to be room for improvement in order to better support the access to justice of the (lower) middle class that does not qualify for legal aid.
May 17, 2022
This panel, at the 11th Annual IBA Finance & Capital Markets Tax Virtual Conference, discussed a selection of European Union measures and developments, starting with the United Kingdom experience after Brexit, then discussing the recent European Commission proposal for a Directive regarding shell entities of 22 December 2021 (COM (2021) 565 final, expected to be implemented by June 2023 with effect from 1 January 2024, and some case studies on withholding tax challenges.
By Preeti G. Bhagnani and Eric Lenier Ives. US discovery in aid of international commercial arbitration after Valle Ruiz and Abdul Latif Jameel
A session focused on the concept of beneficial ownership. Significant concern has been raised about the application of the concept of beneficial ownership in the EU Parent/Subsidiary Directive to dividends, because of the sentences handed down by the Court of Justice of the European Union (CJEU) in the so-called 'Danish cases'; the impact of these cases was explored during this panel session.
Mar 07, 2024
The financial industry in Pakistan is rapidly evolving, offering a plethora of opportunities while also posing distinct problems. This expansion is fuelled mostly by technical improvements, a young and tech-savvy population and a favourable regulatory framework. However, the legal landscape surrounding fintech in Pakistan is complex, with various regulatory bodies and legal instruments. This article examines the legal framework, prospects and obstacles in Pakistan’s fintech sector, including legislative analysis and examples of emerging technologies.
May 30, 2022
International human rights law (IHRL) and international investment law (IIL) are two influential subsets of public international law reflecting distinct purposes and historical evolutions. Nonetheless, the two subsets interact in the context of the investor–state dispute settlement system (ISDS), due to the rise in human rights claims under international investment agreements. This article appraises this interaction from the perspective of IHRL in light of the fragmentation of public international law. It argues for the need to recognise and assess concurrent international legal obligations systematically and coherently, suggesting that the principle of systemic integration could support the consideration of human rights treaty obligations in ISDS and promote legal accountability. Foreign direct investment and human rights are linked in complex and non-linear ways. Furthermore, a predictable, coherent and transparent legal approach is necessary to ensure that IIL respects substantive and procedural human rights. This may also bolster the legitimacy of ISDS by redressing perceived power imbalances. It may attenuate the potential negative externalities of granting broad, asymmetrical rights to investors without any concomitant obligations under investment treaties. This article concludes that to prevent accountability gaps, tribunals must recognise: (1) a home–host state continuum of human rights legal accountability; (2) home state obligations to protect against third party violations by its investors abroad; and (3) host state obligations to respect, protect and fulfil human rights.
Jun 09, 2024
In the Chinese legal system, provisions addressing commercial bribery are dispersed across various legal instruments and judicial interpretations. Among the different legal authorities in China, the core provisions guiding anti-corruption can be found in the Anti-Unfair Competition Law and its draft Amendment (issued in 2022 and still open for public comment); the Criminal Law of China, along with its amendments; and the Supervision Law of China and its accompanying regulations for implementation.
Compliance has emerged as a critical aspect of anti-corruption efforts worldwide. As anti-corruption enforcement has globalized, so has the importance of the role of corporate compliance programmes in combating corruption.
Jan 19, 2023
As the United States has increased its use of sanctions, it has also refined the craft of sanctions. New sanctions concepts or tools have emerged in the last decade, leading to increased complexity in understanding, implementing and complying with these restrictions. Nowhere has this been seen more than in the US response to Russia’s invasion of Ukraine. The use of sanctions as a tool of foreign policy has reached a critical juncture. This article discusses the successes of US sanctions with respect to Russia, novel challenges that have emerged and how sanctions infrastructure may evolve to address these challenges.
Jul 18, 2023
In recent years, Pakistan has experienced rapid growth and innovation in fintech, reshaping the landscape of financial services within the country. This article aims to discuss the regulatory framework governing fintech in Pakistan.
Feb 28, 2023
The topics covered by this session included: active and passive holding companies; the impact of European Union directives on these structures; substance requirements of Anti-Tax Avoidance Directive III and new domestic rules; the debt-equity bias reduction allowance proposal; and beneficial ownership rules, as well as their impact on financing and funds.
May 03, 2023
The e-commerce industry has seen a sharp rise in recent years, largely due to global digitisation of economies with rampant adoption and development of technology. A further boost was provided to the industry by the Covid-19 pandemic as the world resorted to online shopping to acquire even the basic necessities.
Oct 21, 2022
Damages experts are essential to arbitral proceedings as they assist the arbitral tribunal in evaluating the appropriate level of damages in technical and industry matters. This article explores the role of a damages expert, including the purpose of the damages expert’s appointment, the scope of the damages expert report, key factors to consider when appointing a damages expert, and the factors that determine the acceptance of a damages expert report.
Digital health in Brazil during the Covid-19 outbreak
Brazil has been using digital health as a tool to contain the Covid-19 outbreak. The present article comprises a summary of the regulatory highlights related to digital health in Brazil, which were driven by the pandemic scenario, such as: telemedicine, medical prescriptions and medical certificates in digital form; and remote sale and home delivery of medicines subject to special control.
Nov 21, 2025
The APEC Collaborative Framework for Online Dispute Resolution (the ‘Framework’) addresses the growing need for efficient and affordable resolution of cross-border B2B disputes, particularly for micro, small, and medium-sized enterprises. Traditional litigation and arbitration are often too costly and slow for low-value, high-volume disputes, creating a barrier to trade. Developed by APEC with input from UNCITRAL’s earlier work, the Framework establishes a decentralised network of accredited ODR providers who offer a standardised, tiered process combining negotiation, mediation, and arbitration. Key innovations include expedited timelines, simplified procedures, a single neutral practitioner, and cost proportionality. By enhancing accessibility, reducing costs, and building trust in digital trade, the Framework supports inclusive economic growth and smoother commercial exchanges across the Asia-Pacific region.
May 18, 2021
The International Bar Association’s Human Rights Institute (IBAHRI) condemns the killing of dozens of schoolgirls in West Kabul, Afghanistan, by targeted explosive blasts and calls on the Afghan government to provide better protection for girls and women.
May 28, 2024
Pakistan's telecommunications business has expanded significantly in recent years, spurred by rising demand for low-cost cellular services. The spread of mobile and broadband networks, as well as government attempts to improve infrastructure and promote competition, have all played important roles in this development. The sector's rise was notably pronounced during and after the Covid-19 pandemic, which considerably increased e-commerce and as a result, demand for connectivity. Despite these developments, the industry continues to face policy-based and operational hurdles which have hampered increased investment.
Green is gold: can waste be transferred to energy? A perspective on new energy laws in China- July 2020
In 2020, most of the world’s countries have had to respond to the severe disruption caused by the Covid-19 pandemic, which emerged in late December 2019 (the ‘pandemic’). The pandemic poses enormous health and socio-economic challenges. As of September 2020, it is not known when the pandemic will end; some countries are already experiencing further waves of infection. Globally, judiciaries and arbitral institutions have been under great pressure to continue operating during the pandemic [...]
IBA Global Insight April/May 2016 - With the Paris Agreement on climate change relying on governments voluntarily taking measures to cut emissions, there’s a growing body of opinion that it could lead to increased citizen action – and litigation for inaction.
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