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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 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.
An open meeting of the India Working Group, held to discuss matters of interest and future activities.
IBA Annual Conference Paris 2023
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.
IBA Annual Conference Mexico City 2024
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.
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
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.
**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
Dec 13, 2021
Alongside mediation, conciliation and the Singapore Convention, this article addresses the lack of a uniform mediation Act and the rise of commercial mediation centres, and the future of commercial mediation.
**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
Jul 15, 2024
In a year of significant elections, Global Insight examines why women are underrepresented as candidates for office in many countries.
**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
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 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
Oct 02, 2023
Ghana is heavily reliant on its hydrocarbon resources for generating income. While there is continuing demand for energy resources, there is also a call for reductions in emissions and the petroleum sector is under pressure to clarify how energy transitions will affect its activities and organisational frameworks, as well as explain the ways in which it can contribute to mitigating greenhouse gas emissions. This transition to renewable sources has an impact on the petroleum market in Ghana as the landscape for oil and gas companies has profoundly shifted due to the countries and international organisations establishing climate change obligations. The effect of the transition is however yet to be greatly felt within the jurisdiction as hydrocarbons remain a major focus.
**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
Feb 10, 2025
The article discusses the current scene as regards mergers and acquisitions (M&A) and private equity (PE) and venture capital (VC) transactions in the healthcare sector, with an emphasis on India. It further discusses the key considerations to be taken note of in light of current law, and future trends/developments in the law.
**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
Sep 11, 2024
Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban on cryptocurrency usage or trading, the regulatory regime remains in a state of flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating the risks, such as foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.
**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
Nov 20, 2024
A review of Ghana’s role in interoperable payment systems integration in Africa, at the point that the country has joined the Pan-African Payment and Settlement System.
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
May 03, 2023
This article delves into the laws, regulations and issues associated with defamation claims arising out of user-generated content (UGC) and discusses how these laws affect the freedom of speech and expression in Pakistan.
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
Oct 18, 2022
There is a growing acceptance and integration of Environmental, Social and Governance (ESG) principles among South African corporates, who recognise that this is not only essential to attract investment, but there is a requirement for them to align themselves with the global expectations of corporate responsibility and its sustainable impact relating to basic needs, empowerment, climate change, natural capital and governance.
After the 20th National Congress of China’s Communist Party, people around the world are keenly watching China’s new policy initiatives and how these changes will impact China and the rest of the world. In the context of the uncertainties brought forth by the climate crisis, nationalism, Russia-Ukraine war and others, will the economic relationship between Europe and China unhook gradually like that between US and China? Will the investments between Europe and China continue to increase? Will the entrepreneurs and investors from Europe and China continue to remain bullish?
IBA Annual Conference Paris 2023
This article touches on issues that have led to the discontinuation of LIBOR, and delves into the transition from LIBOR to risk-free reference rates and the concerns in the transition.
IBA Annual Conference Paris 2023
Nov 16, 2021
This article addresses how ESG policies have been tackled by the Brazilian legal framework, airline companies, aviation authorities and other stakeholders, emphasising the social and financial consequences of achieving and implementing such targets, with a view to providing a more sustainable industry.
India continues to be one of the fastest growing economies in the world. The vision of the Indian government to achieve the GDP target of USD5 trillion by 2025 has seen several reforms in the existing law, improving ease of doing business and key investments in strategic sectors. India has one of the most vibrant start-up markets, with a fast maturing PE/VC industry. Data and technology are key drivers and concerns for the stakeholders. Manufacturing in identified areas is a priority and several initiatives have been taken to achieve this. India recognises the need to be at the centre of world trade and is embarking on the ambitious path of concluding free trade agreements with several countries and blocks to ensure key goods, parts and technology are available to Indian entrepreneurs and consumers while allowing greater opportunities for its domestic industry and workforce to operate at a global level.
IBA Annual Conference Paris 2023
Nov 20, 2023
This article explores the potential implications of AI tools on education and on the legal profession, including the various approaches that educators and legal institutions can take to optimise a responsible use of AI technology while minimising its limitations.
Apr 10, 2025
During a significant rise in migration and refugees in Brazil, pro bono efforts are supporting protection of rights and access to assistance. This includes working with pro bono clearinghouses in other jurisdictions to support asylum requests and eventual resettlement procedures.
IBA Annual Conference Mexico City 2024
May 12, 2024
In the face of growing environmental challenges, governments worldwide are increasingly turning to innovative solutions to address the impact of human activities on the planet. The evolution of environmental taxes is a fascinating journey that mirrors society’s changing attitudes towards nature, sustainability and the urgent need to address environmental hurdles. As one delves into the history of environmental taxes, it is possible to uncover a timeline marked by pivotal moments, evolving various policies and a growing global consciousness regarding the impact of human activities.
With India’s spectacular moon landing, the nation confidently marches towards a five trillion-dollar economy, attracting foreign direct investment (FDI) in high-growth sectors such as high tech engineering (ie, electric vehicles, semiconductors, defence), large scale infrastructure projects, as well as new age sectors such as Fintech, Edtech, Gaming, Agritech, Cleantech and financial services. India continues to liberalise its policies and relax administrative regulations for foreign investors. It has also implemented several legal reforms with the introduction of legislation such as the 2016 Insolvency and Bankruptcy Code, the 2023 Digital Personal Data Protection Act, the 2023 Telecommunication Act, the 2023 Mediation Act and the yet to be enforced December 2023 enactments modernising India’s criminal law legislation – all adding to make India a hot investment destination.
IBA Annual Conference Mexico City 2024
Mar 11, 2025
Since returning to the White House, President Donald Trump has gone further and faster in gutting US climate action than in his last term
Nov 02, 2023
Immediately before the global focus shifted to battling the Covid-19 pandemic in March 2020, India’s regulator for medical devices, the Central Drugs Standard Control Organisation (CDSCO), issued two notifications which brought about sweeping changes to the regulatory framework for medical devices.
IBA India Technology Law Symposium: disruptive technology and digital transformation in modern day India
Oct 29, 2021
The Covid-19 pandemic provides the most recent illustration of the irreversible interdependence of the world economy. It also underscores the need for regulation of a scale sufficient to address the negative effects of this interdependence. In a globalised world that increasingly relies on a complicated web of producers throughout the supply chain, malign actors have found new ways to exploit the situation for illicit gain. Within this fluid context, one cannot fail to observe a new international approach to the fight against corruption aimed at both linking it to economic sanctions and anti-money laundering (AML) laws and elevating it to a national security issue. This year sees national governments and other international actors such as the EU rising to meet the challenge.
IBA India Technology Law Symposium: disruptive technology and digital transformation in modern day India
Apr 20, 2023
Despite their higher frequency in tertiary education, women face great challenges in securing management positions. Numerous studies have reported how invisible barriers, such as unconscious bias, are responsible for perpetuating the workplace gender gap.
Today law firms and general counsels are faced with enormous challenges in dealing with new generations that are entering the workplace. Generation Z and Generation Alpha are tech-savvy, keen to learn fast (and not necessarily grind), and ready to explore new job opportunities without fear. If this wasn’t hard enough, lawyers are forced to reckon with the increasing cost of compliances and tightening budgets. Enter artificial intelligence (AI). In this panel, we will explore how lawyers are leveraging AI, issues around impact on revenue and productivity, confidentiality, privilege, liability and insurance, and so on. Can generative AI really make a difference? And is it for everyone?
IBA India Technology Law Symposium: disruptive technology and digital transformation in modern day India
Jan 23, 2023
In the wake of new provisions for space activities in the Brazilian legal framework, national authorities enacted a third part of the Brazilian Space Regulation focused on insurance requirements for private companies that seek to promote space launch or re-entry activities from the Brazilian territory. This article aims to explore some of the features and conditions established by the Brazilian regulation amidst the expectations that it will further contribute to the development of the Brazilian space sector.
Social media today is one of the most relied upon sources of information, breaking down barriers of information asymmetry. This is challenging existing legal frameworks. This session will touch upon but a few issues, covering whether regulation is best way to go for transparency and decision making or should self-moderation be the way to go? Is self-moderation delegating excess executive authority in the hands of social media organisations? With everyone on public platforms expressing themselves freely, the challenges faced by these platforms in safeguarding privacy and free speech considering other pressures. Picking off current events, the session will also explore what are the new cross-border liability issues coming to the fore for social media companies while operating across multiple jurisdictions and with the increasing reliance on automation and AI, how do we address liability issues related to AI moderation.
IBA India Technology Law Symposium: disruptive technology and digital transformation in modern day India
Apr 25, 2024
This article discusses the Indian legal framework on equal pay and analyses how the principle of ‘equal pay for same work or work of similar nature’ limis the efficacy of addressing the complex dynamics of pay inequality. Furthermore, the article explores the broader concept of equal pay for equal work or work of equal value to tackle the long-standing issue of gender pay disparity in workplaces.
When in Bangalore, do as the Bangaloreans do. Sip filter coffee and discuss new tech and business plans. From the ‘older’ new tech of fintech to healthtech to the new kids on the block of drones and satellites, this city has it all. Join us as we hear start-ups, investors and lawyers from around the world in their journey to create new unicorns.
IBA India Technology Law Symposium: disruptive technology and digital transformation in modern day India
Apr 04, 2024
This article explores the multifaceted impact of armed conflicts on commercial disputes, delving into the types of disputes arising, access to courts and the judicial process, the pivotal role of lawyers in conflict zones, and the effects on cross-border litigation and commercial transactions. Armed conflicts disrupt legal infrastructure, exacerbate property rights disputes, and create regulatory uncertainties, hindering access to justice and impeding cross-border transactions. Despite challenges, lawyers play a crucial role in advocating for clients and upholding the rule of law amidst conflict.
- AI and ethics – the judge, jury and executioner
- The ever-evolving debates on privacy
- The reality of privacy by design
- The intersection of AI and IP
- India’s regulatory journey – a comparative analysis with other markets
IBA India Technology Law Symposium: disruptive technology and digital transformation in modern day India
While these cool monikers have caught our fancy, tech isn’t the ‘be-all and end-all’ – it’s the runway where most companies take flight. From disruptive ideas to consumer appeal, today every company, especially the traditional ones, aspires to fashion themselves into a tech play. Or do they? Equally, at eye watering valuations, venture capital, public markets and M&A remain the tools for the next wave of growth in India. The sessions explores where we go from here and what are the building blocks to becoming a hecotocorn.
IBA India Technology Law Symposium: disruptive technology and digital transformation in modern day India
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