|
|
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.
As well as big shifts in certain local tax regimes, both the EU and the OECD have indicated an appetite to introduce global minimum taxes for individuals. In this panel, we will investigate whether tax-free regimes for individuals are genuinely becoming a thing of the past. Is this a global phenomenon or are certain countries still likely to attract the ultra-wealthy? And how should advisers be preparing their clients for the future?
30th Annual International Private Client Tax Conference: transforming (un)expected challenges into opportunities for the next 30 years
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.
The proliferation of ESG regulations emanating from Europe, such as the Corporate Sustainability Due Diligence Directive (CSDDD), sustainable finance and country-specific rules, has created a complex compliance landscape for multinational corporations and their subsidiaries. These regulations mandate rigorous due diligence, risk mitigation and remediation of human rights and environmental impacts, coupled with extensive disclosure. The application of these Global North-centric standards to Global South contexts presents significant challenges for corporate counsel on both sides of the equator, resulting in data, technology, regulatory and cultural disconnects and misapplications. This panel of in-house and external corporate counsel will explore those challenges through real life examples and suggest practical strategies for bridging this divide. We will discuss innovative approaches to adapt compliance frameworks, enhance capacity building and leverage technology to streamline ESG compliance. The goal is to identify solutions that not only ensure compliance but also create shared value, fostering a more equitable and sustainable global business environment.
ESG: the Brussels Effect at a crossroads
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.
The panel will seek to address contracting, transacting and other challenges of outsourcing within emerging sectors, like Fintech, against the background of regulatory requirements such as financial services regulation, delivery chain requirements, CSR, cybersecurity, and related issues. An example would be the revised Payment Service Providers Directive (PSD2) which introduced massive change to the payments sector.
IBA Annual Conference Miami 2022
Technology, innovation and shifts in the demands and expectations of clients have reshaped the way legal services are delivered, both globally and in Latin America. 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, alternative legal services providers, and other new models that have emerged in the new remote/cloud era.
Now, more than ever, law firms in Latin America will have to show their skills to adapt to a world where opportunities and new career models abound for young lawyers seeking alternatives to the trajectory offered in traditional law firms.
How to become the partner of the future in Latin America
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.
Latin American countries have seen a sustained increase of investments from countries who traditionally were not focused on the region. Over the last decade, China has had prominence in new investments in several industries and more recently, we have seen a surge of investments from Saudi Arabia, Singapore, the United Arab Emirates and Qatar. This panel will explore the main interests of investors from these jurisdictions and their short and long-term view of investment prospects, as well as principal considerations for choosing certain host jurisdictions over the others.
IBA Annual Conference Mexico City 2024
An issue that often arises in international arbitrations involving construction contracts with stepped dispute resolution clause is whether a claimant’s failure to: (a) go through the dispute resolution provisions; or (b) comply with a time bar clause gives rise to a question of admissibility or jurisdiction. Put another way, if a claimant has failed to refer a dispute to an adjudicator as a condition precedent to arbitration should the arbitral tribunal decline to proceed because it lacks jurisdiction ...
The session will explore corporate and project finance in Latin America and the Global South through a lens of environmental, social and governance (ESG) legal frameworks that mitigate risk while creating a positive global impact within corporate value chains. We will discuss how to best guide our clients in being profitable while staying on the side of the law, reporting authentically and doing some good in the world.
IBA Annual Conference Mexico City 2024
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.
This panel will explore how artificial intelligence and emerging technologies are revolutionising the legal profession. From contract automation to predictive analytics, the discussion will delve into the opportunities and challenges of integrating AI into legal workflows. Gain valuable insights into how general counsels are leveraging technology to enhance decision-making, mitigate risks, and drive efficiency in an increasingly complex legal landscape.
9th Global Entrepreneurship Conference
SustainabilityFocusThe transition plans to carbon neutrality within an appropriate time frame recommended by the COP and domestic law and policymakers involve a number of risks inherent both in the implementation of the plans drawn up and in unforeseen factors. Examples include stranded assets, borrowers’ defaults, defective information models, insufficient resources, climate casualties, social movements, etc. Financial institutions that are called upon to fund green infrastructure projects and to support the necessary systemic reallocation of capital and investments, must look to mitigate their own risks and offer their clients new financial products allowing them to hedge those risks. The purpose of this panel session is to identify the issues that lawyers advising financial institutions and funds must navigate and to consider the mechanisms and products used for hedging these risks.
SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.
IBA Annual Conference Miami 2022
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.
It seems young lawyers want it all: exceptional pay, full flexibility, perks and positive leadership. How can law firms meet these needs if they should?
IBA Annual Conference Paris 2023
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.
This session aims to highlight which sectors of the market are most active in Latin America, and discuss the strength of industries such as technology, energy, financial services, infrastructure, healthcare, transportation and logistics for the Latin American M&A landscape. The panel will also address the regional and international factors that have an impact on M&A transactions in the region, including the effect of geopolitical tensions. Additionally, trends in the M&A market will be discussed, including the increasing importance of ESG practices, as well as relevant aspects of corporate governance. Finally, the outlook for the M&A sector will be discussed.
Mergers and acquisitions in Latin America
IBA European Fashion and Luxury Law Conference
Securities settlement procedures and requirements represent an important and technical, although often misunderstood, element of capital markets, and are particularly complex in the case of cross-border transactions. This panel will explore important legal and commercial settlement issues relevant to counsel of both issuers and security holders throughout a settlement cycle in the context of equity-based transactions involving differing jurisdictions for listing, incorporation and place of issuance. Topics to be discussed include:
• Overview of settlement systems in Europe and the U.S.;
• Key elements of a settlement cycle;
• Interaction between corporate and securities laws applicable at the place of incorporation and settlement rules applicable at the place of listing;
• Interaction between central securities depositories (CSD) and custodian banks;
• Impact of certain jurisdictions’ plans to transition to a T+1 settlement cycle in May 2024; and
• Involvement of CSDs in corporate actions (voting, dividends, take-privates) post-IPO.
39th IBA International Financial Law Conference
Anti-corruption and sport integrity: preventing sport manipulation
The future of the contingent workforce is shaped by various factors, including evolving labour market dynamics, technological advancements, changing worker preferences and organisational needs for flexibility and cost-efficiency. As the contingent workforce continues to grow and play a significant role in many industries, it is increasingly important for employment lawyers to understand and navigate the legal implications associated with this evolving employment landscape.
Annual IBA Employment and Diversity Law Conference 2024
Law Firm Management Committee Latin America Conference - Building the law firm of the future
Latin American investors have incubated highly successful companies in the tech sector for several decades now. Some have reached success and financial stability while others continue to grow through ever-expanding interest and investments from the venture capital. However, venture investors seem to be scaling back new investment, but up-and-coming startups still require new capital to grow. How will a changed investment landscape impact M&A activity in the country change in the business cycle?
Biennial IBA Latin American Regional Forum conference
The session discusses the current trends and future outlook of hostile takeovers including, but not limited to, conditions that may be attached to the offer, delisting plans of the raider and adequate disclosure. The session will analyse the increasing need for financing in these campaigns in an environment with lower liquidity and increasing competition among stock exchanges in different jurisdictions.
The crossroads of international finance and public equity deals: New trends and financing bottlenecks
|
