IBA China Working Group

About the China Working Group

The China Working Group (“CWG”) of the IBA Asia Pacific Forum was created in late 2015 to raise awareness in the Chinese legal community (members and non-members of the IBA) about the IBA activities and initiatives in China, in the region and worldwide. Since China is one of the largest growing markets, the CWG is working on different projects related to opportunities with governmental organizations, the private practitioners and legal associations. The China Working Group aim is to better understand the needs of Chinese lawyers and the Chinese legal community and recruit more speakers and attendees to IBA events in the region and work on specific Asia/China initiatives.

The objectives of the CWG include:

  • advising the IBA members on activities in China and keeping IBA members aware of various events and initiatives in Chine, in the region and worldwide;
  • providing input on issues specific to China including opportunities with governmental organisations and legal associations;
  • reaching out to non-members, including in-house counsel and academia in China to take part of the IBA initiatives and join as member to enrich the IBA membership as a whole;
  • promoting IBA conferences, projects, and programmes and supporting IBA members with interests in China by making known important legal developments in China;
  • acting as a central hub for information and ensuring that IBA members based in mainland China have the opportunity to become more involved, by planning and participating in events as attendees or speakers;
  • issuing newsletters 2 to 3 times annually in Chinese and English to inform the Chinese legal community of the changes in laws/regulations. Articles are written by the China Working Group member and IBA members;
  • helping conferences organisation held in China; and
  • getting more Chinese speakers at IBA events.
The importance of neutrals’ understanding of cultural diversity

This article explores the need for arbitrators and mediators to be sensitive to cultural nuances, as their mission to resolve disputes can succeed or fail according to how well they can understand and accommodate them.

Released on May 27, 2021

Update on class actions in Australia

Australia’s class action regime has been in effect for over 25 years and is generally considered to be a balanced and very well-functioning system. However, over the last few years, some issues arising have caused disruptions, costly satellite disputes and some very strong partisan political interventions. These issues were mostly around the involvement of third-party litigation funders and multiple law firms vying for the ‘prize’ of running competing class actions.

Released on May 27, 2021

Contractor’s beware: strict compliance with notice requirements following Maeda v Bauer

Whether or not a contractor or sub-contractor has complied with a contractual claim notification provision is often a highly contested issue in construction disputes given its potential to be determinative of the parties’ claims. The Hong Kong Court of Appeal’s recent judgment in Maeda Corp v Bauer Hong Kong, which adopts arguably the strictest approach to claim notification provisions among common law jurisdictions, should therefore be of interest to contractors and sub-contractors operating under Hong Kong law and other common law governed construction contracts. This article provides an overview of the dispute before considering its practical implications for contractual drafting and the performance of construction contracts.

Released on May 27, 2021

Predicting the unpredictable: Covid-19 and its impact on the energy industry

On 30 January 2020, the World Health Organization declared Covid-19 to be a public health emergency of international concern. On the same day, the China Council for the Promotion of International Trade (CCPIT) announced that it would issue ‘force majeure certificates’ to affected Chinese companies to help minimise economic losses arising from the outbreak and consequential events.

Released on Jun 01, 2020

Effects of Covid-19 on employment law

Along with loss of life, another victim of Covid-19 has been the economy.All businesses from aviation to hospitality have tested positive for Covid-19. The first thing all businesses start doing when faced with such losses is cut spending and limit themselves to the bare essentials of conducting business.

Released on May 04, 2020

Counteracting unjustified extraterritorial jurisdiction: an analysis of PRC Blocking Rules - CWG

By Yong Zhou. Counteracting unjustified extraterritorial jurisdiction: an analysis of PRC Blocking Rules - China Working Group, February 2021.

New SPC judicial policy makes restrictive interpretation on shareholder's liabilities - CWG

By Vincent Xuekai Qian and Mena Yun Li. New SPC judicial policy aims at making a restrictive interpretation on shareholder’s liabilities for indolent performance of liquidation obligations - China Working Group, February 2021.

News corner - CWG

By Dominic Hui. News corner - China Working Group, February 2021.

India: best practices to adopt for a robust IP portfolio during the Covid-19 pandemic

During the current Covid-19 pandemic, businesses and corporations of all sizes – particularly start-ups and budding entrepreneurs, are being pushed to their limits. Even such routine tasks such as paying rent and employees on time have proved to be game changers and given us a chance to examine the way we function, process and plan our business models so that everyday operations are not interrupted.

Multiplicity in arbitration: perils and adversities

Alternative Dispute Resolution (ADR) mechanism consisting of arbitration, conciliation, mediation, negotiation and Lok Adalat was introduced inter alia not only to reduce the burden on the courts, but also to adjudicate disputes with increased efficacy in a more cost-effective manner. Nevertheless, the use of such a mechanism has not been wholly accomplishing the purpose of its introduction.