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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.
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.
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.
Apr 20, 2022
This article outlines the eligibility requirements and types of approvals made under Ontario’s Immigrant Nominee Program.
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.
In this article, the authors discuss the myriad of changes to Mexico‘s entity classification rules and controlled foreign corporate (CFC) regime. Such changes potentially affect Mexican resident individuals that have elected to use offshore limited partnerships to conduct their investments in ‘US situs assets’. Mexican resident individuals investing through these vehicles may face different income tax rates, different income characterisations and disclosure requirements.
Sep 02, 2024
El Presidente de México ha presentado una iniciativa legislativa denominada “Reforma Judicial”. La propuesta es de largo alcance e incluye la elección por voto popular de ministros de la Suprema Corte de Justicia de la Nación, de jueces y magistrados federales, la reducción de su…
Jul 14, 2024
Over the course of 16–18 May this year, the IBA European Regional Forum Officers, Council Members and Advisory Board Members held their annual retreat in sunny Santorini under the hospitality of gracious host and colleague Panagiotis Drakopoulos and Drakopoulos law firm who ensured that the event, dubbed ‘THE BIG RETREAT’, went off without a hitch.
Nov 14, 2024
A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.
Nov 14, 2024
A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.
The crisis caused by the Covid-19 pandemic has renewed interest in the need for legal and contractual mechanisms that promote the adjustment of contracts in the event of unforeseeable and abnormal circumstances.
The purpose of this article is to provide an overview of the main aspects that served as a starting point for the ‘Municipal Tax Harmonisation Agreement’ in Venezuela, presented by the Vice President of the Economic Area with governors and mayors, in compliance with the mandate given to them by the Constitutional Chamber of the Supreme Court of Justice in judgment No 0078 dated 7 July 2020.
Apr 23, 2025
We were happy to see 110 participants in Munich on 27 March, in the unique location of Upside East for a day of discussions concerning the very challenging times that the automotive industry is now facing. Attendees had a chance to ease into the conference at the welcome cocktail which took place the evening before and it was good to see many familiar faces showing that the conference is becoming a familiar item on the IBA calendar.
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.
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.
Jan 12, 2024
In this session, Antonia Verna and Pavla Prikrylova presented the European Regional Forum Diversity & Inclusion Working Party with the Diversity and Inclusion Toolkit for Lawyers. The Toolkit was developed by the International Bar Association (IBA) to provide law firms with an action plan to embed the core principles of diversity and inclusion into their organisations.
Sep 02, 2024
Mexican President Andrés Manuel López Obrador has presented a legislative initiative entitled ‘Judicial Reform’. The proposal is far-reaching and includes the election by popular vote of ministers of the Supreme Court of Justice of the Nation, federal judges and magistrates in addition to the…
A webinar presented by the IBA Women Lawyers’ Interest Group, 25 September 2020, 1500 – 1600 BST
Dec 02, 2021
With the rapid growth of sustainable products and investments, the pressure for genuine corporate sustainability has intensified. Increasing investor scrutiny and accelerating climate breakdown and biodiversity loss, for example, play a part in this. In-House Perspective explores whether increased awareness owes as much, however, to reactions to the rising tide of ‘greenwash’ – when corporations make misleading claims about their green credentials.
This article examines the Future Energy Scenarios set out in the National Grid ESO’s recent report, with a particular focus on the role of digitalisation and open data in achieving net zero in the UK by 2050.
Government Decree RD-Law 463/2020, dated 14 March 2020, declared a State of Emergency to deal with the Covid-19 health crisis. It adopted a series of measures relating to limiting peoples’ movements, as well as constraining Spain’s social and economic activities.
Sep 24, 2024
Homophobic language in the field or court remains a rampant reality in the sports scene worldwide. Therefore, it is of paramount importance that all jurisdictions pass explicit and specific legislation addressing, prohibiting and sanctioning hate, violence and intolerance in sports in general, and homophobic conduct and slurs specifically. This paper shall essentially be centered around a draft bill being reviewed by the Uruguayan Parliament, as a recent and comprehensive example to follow.
In spring 2018, the International Bar Association's Human Rights Institute (IBAHRI) and the Anti-Torture Initiative (ATI) reached the milestone of conducting tailored programmes in all five regions of Brazil on torture prevention and implementing the Istanbul Protocol. The IBAHRI has worked in Brazil since 2010 to support the country in its commitment to eradicate torture as part of its obligations under international law
May 08, 2024
In the second part of this feature, Global Insight assesses the legal issues associated with clean energy as countries pivot to renewables in response to the climate crisis.
In the second part of this feature, Global Insight assesses the legal issues associated with clean energy as countries pivot to renewables in response to the climate crisis.
Apr 23, 2025
The IBA expresses its deepest condolences on the passing of His Holiness the Pope. His unwavering commitment to justice and the dignity of all people resonated far beyond religious boundaries and inspired those in the legal profession across the globe.
In this podcast, Nico Ooyevaar, Vice-Chair, IBA International Trade and Customs Law Committee, and partner at McMan & Co, discusses the Vision Research Europe vs Dutch Customs case with Yves Melin, Publications Officer, IBA International Trade and Customs Law Committee, and partner at Reed Smith.
In this podcast, Alvaro Castellanos Howell, Co-Chair of the IBA Poverty and Social Development Committee, talks to Hugo Beteta, Director of the Economic Commission for Latin America and the Caribbean (ECLAC). Mr Beteta discusses the impact of the Covid-19 pandemic on Latin American and Caribbean countries, the difference between poverty and inequality, and the recommendations made by ECLAC on the eradication of poverty.
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