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China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

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.

China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

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.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

Utilising Generative AI in Businesses: Risks and Best Practices

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.

China's regulation of artificial intelligence – progress and challenges

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.

Renewable energy in Nigeria: law, regulation, trends and opportunities

As the harmful effects of pollution and greenhouse gas emissions become clearer and the need for sustainable development takes on a more central role in the global energy conversation, there appears to be a consensus amongst key players that it is imperative to shift focus towards renewable energy and other clean energy sources.

Judicial interpretation of Section 71(6) of the Nigerian Electric Power Sector Reform Act 2005

In liberalising Nigeria’s electricity sector, the distribution of electricity was handed to Distribution Successor Companies. The assumption was that the licences issued to these Companies over certain geographical areas were exclusive. This court case provides clarity through the judicial interpretation of Section 71(6) of the Electric Power Sector Reform Act 2005.

Joint criminal enterprise in the Kosovo specialist chambers

In this article the authors discuss whether the KSC will follow the ICTY in interpreting article 16.1 of its statute to embrace the wide constructed liability of JCE III. They suggest there are good reasons why it should not: the terms of article 16.1 of the KSC Statute do not explicitly provide for JCE III. The ICTY Appeals Chamber read JCE III liability into article 7.1 of the ICTY Statute on the basis that it was ‘firmly established in customary international law’, yet JCE III has proved controversial a

Mediating Disputes Involving Chinese Parties

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.

The EU’s draft regulation on artificial intelligence (part 1)

The first part of this analysis encompasses the AI Act’s scope, as well as prohibited AI practices, AI systems needing higher level of transparency and those subject to voluntary compliance. The second part will be published in the next volume of the Technology Law eBulletin, and will concentrate on high-risk AI systems and the outlined set of requirements for them.

Employee self-harm and employer accountability: navigating the legal considerations and best practices

As workplace dynamics continue to evolve, there has been a concerning increase in employee suicides being reported in public fora. This trend brings into sharp focus the importance of mental health and social wellbeing within the workplace. As such, it has become increasingly essential to examine cases of employee self-harm and how courts attribute accountability in regard to employers in such cases, particularly in terms of criminal law. This article analyses the judicial decisions that have examined the liability of the relevant management teams or employees of an organisation in regard to the criminal provisions relating to the ‘abetment of suicide’ of an employee. It further endeavours to cover certain best practices that employers must adopt in to mitigate any risks in regard to these very sensitive matters.

Webinar: Focus on the arms trade: state responsibility, accountability and private actor compliance

This article is a reflective summary on the IBA War Crimes Committee’s monthly webinar series titled ‘Focus on the arms trade: state responsibility, accountability and private actors compliance’. The article highlights the issue of arms trade and the relevant legal frameworks, under the arms trade treaty, human rights, humanitarian laws, UNGPs and international criminal law. It also highlights the challenges and gaps in implementation and enforcement of these frameworks from the perspectives of the obligation of arms companies; trends by the domestic courts and political discretion employed by the states.

Decoding unique anti-corruption challenges in the life sciences sector

The life sciences sector is subject to rigorous regulatory scrutiny in regard to several aspects. This article delves into the unique anti-corruption risks faced by the sector, driven by industry-specific challenges and global regulatory actions. It examines the tailored risk prevention strategies employed by life sciences companies, the shift from reactive to proactive compliance measures and the vital role of industry guidelines in supplementing anti-corruption statutes. Key risk areas, such as gifts and entertainment, travel, health donations, sponsorships, public education, patient assistance programmes, market access and collaborations, are analysed to provide a comprehensive understanding of the anti-corruption landscape. This article underscores the importance of robust compliance programmes in maintaining transparency, accountability and the overall integrity of the life sciences sector.

Early detection and reporting of frauds in India: widening the regulatory net

The past few decades have witnessed a widespread improvement in investor confidence and positive market sentiment, catapulting India’s image as a global investment hub. While the government’s policy initiatives, such as ‘Make in India’ liberalising Foreign Direct Investment in over 25 sectors, aim to catalyse ease of doing business, recent amendments to regulations, such as Indian Penal Code 1860, the Companies Act 2013, Insolvency and Bankruptcy Code 2016 and the Prevention of Corruption Act 1988, are enablers in preserving the economic reputation of the country by effectively tackling fraud, corruption, bribery and serious white-collar crimes.

Navigating the regulatory landscape for distributed solar power projects in Nigeria

Nigeria’s abundant sunlight presents a significant opportunity for distributed solar power (DSP) to address its energy challenges. This article analyses the regulatory framework governing DSP projects in Nigeria, focusing on policies, incentives, and challenges affecting project development and investment. By identifying key opportunities and barriers, this article offers practical recommendations to optimise the regulatory environment for stimulating DSP growth, enhancing grid integration, and promoting sustainable energy development.

Strategy of darkness: a weapon of war

In modern high-intensity conflict, the front lines are no longer confined to trenches and physical fortifications; they extend to the power switches and water pumps of civilian metropolises.

Case Comment: Bilta (UK) Ltd (in liquidation) & Ors v Tradition Financial Services Ltd

The Supreme Court determined that section 213 of the UK’s Insolvency Act 1986 is to be construed in such a way as to include third parties, while restored companies bear an evidentiary burden of proof in limitation disputes. The interpretation of the term ‘outsider’, as applied by the Supreme Court, has nuanced implications for the legal nexus between third parties and fraudulent corporate conduct. The judgment of the Supreme Court builds on earlier jurisprudence, but refines ‘outsiders’ such as brokers, financial intermediaries and advisers who are now to be considered in civil fraud cases.

The IBA ERF’s ‘Big Retreat’ 2025 from an officer’s perspective

This year brought a slight change in how we approached our Big Retreat. The Officers’ Retreat and the Council Members’ Retreat were joined into a single event which took place in Budapest at the start of March 2025. Our Senior Vice Chair, Viktória Szilágyi from Lakatos Köves and Partners, carried out the work as this year’s gracious host and needed to accommodate such a large crowd with a full schedule. She certainly lived up to it!

IBA hosts largest transnational crime conference to date

The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!