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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.
OFFSITE: Aeroport de Paris – Le Bourget, 3 esplanade de l’Air de l’Espace, BP 173 – 93352 Le Bourget CEDEX
Join us for a tour of the local aviation facility of the Air and Space Museum at the Le Bourget Airport.
IBA Annual Conference Paris 2023
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.
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.
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 22, 2025
The latest research by the International Bar Association (IBA) Legal Policy & Research Unit (LPRU) into gender disparity in the law across the world is focused on Taiwan. The findings reveal that women are underrepresented at the top of the profession in…
The IBA's LPRU has published a report on the nature and prevalence of bullying and sexual harassment in the legal profession around the world, based on the findings of its extensive 2018 survey on the subject. It offers both observations and recommendations for action. The IBA hopes that the report will encourage law firms to revisit their policies and training for responding to and preventing bullying and harassment.
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
This article looks at the implications of the International Court of Justice’s (ICJ) Judgment of 14 July 2020 on the dispute resolution function of the International Civil Aviation Organization (ICAO) Council.
IBA Global Insight Dec 2016/Jan 2017 - New draft legislation to regulate non-governmental organisations has been approved by the Egyptian Cabinet. Global Insight assesses the implications for the rule of law and human rights in the country, as well as further afield.
Jun 27, 2022
Current events around the world are a constant reminder to us all of the urgent need to prevent further environmental damage and halt climate change, and to consider a more efficient form of environmental justice. In this context, the tools of environmental criminal law must be reshaped to be more accessible, faster and deterrent.
Sam Luttrell, Sean Marriott and Matthew Di Marco argue that based on a recent decision of the Victorian Court of Appeal, subsequently overturned by the Hight Court, Principals and lead Contractors entering into subcontracts should consider the inclusion of either (or both) ‘termination for convenience’ provisions in their contracts or specifying English law as the governing law of their agreements.
Jun 03, 2021
By Samantha J Rowe and Svetlana Portman. ‘Observance of obligations’ clauses in investment treaties – so-called ‘umbrella clauses’ – have been the subject of discussion in the arbitration community for decades. This article explores current trends through the lens of a series of recent decisions addressing umbrella clause claims.
A book review of Understanding Sharia, Islamic Law in a Globalised World by Raficq S Abdulla and Mohamed M Keshavjee.
Nov 23, 2020
A new advisory report published today by the High Level Panel of Legal Experts on Media Freedom chaired by Lord Neuberger and Amal Clooney finds that journalists face unprecedented risks to their safety and makes a number of key recommendations to States, including the introduction of an emergency visa for journalists at risk.
This article discusses dispute adjudication boards (DABs) in construction matters, which allow disputes to be resolved on a rolling basis while construction is being completed. After an introduction to the different types of DABs, the article describes the DAB mechanism of the International Federation of Consulting Engineers (FIDIC), based in Geneva. FIDIC is the internationally well-known organisation for construction matters and publishes various standard contracts to be used for construction works
Apr 06, 2022
Arbitration is widely accepted as an effective dispute resolution mechanism for international construction disputes. This article will explore the extent to which various institutional rules have developed in a way that addresses the peculiar needs of disputants in the construction industry. The article shall briefly examine three of those specific needs and show how each has (or has not) been addressed by certain institutions. First, it will consider issues related to the cost and duration of construction arbitrations, specifically, procedural expedience including expedited procedures, procedures for securing interim relief and the correlation between high quantum claims and high arbitration costs. This article will then explore the suitability of existing discovery procedures for construction disputes. Finally, it will address issues that arise when, as is often the case, multiple parties or agreements are involved in a construction dispute. For each one of these needs, this article will seek to draw some tentative conclusions as to the extent to which certain institutional rules may arguably provide some tactical advantage to employers or contractors/subcontractors on construction projects, should they encounter a dispute that must be resolved by arbitration.
The existing Brazilian financial crisis, aggravated by Covid-19, presents an opportunity for business executives and corporate tax professionals to address tax strategy from a Corporate Social Responsibility lens.
Dec 01, 2021
Maritime insecurity in the GoG has been a huge concern for almost a decade and it appears to be defying all efforts to curb it. The incidents of piracy and armed robbery at sea in the region became apparent in the early 2010s.
The article aims to collate and provide a broad view on the various amendments incorporated under India’s 2013 Companies Act in light of the Covid-19 pandemic.
The majority of the new European Union (EU) Prospectus Regulation will become applicable in July 2019. As part of the wider Capital Markets Union initiative, the new Prospectus Regulation aims to reduce costs for issuers in accessing European capital markets, facilitate cross-border investments in the EU and to build a framework resulting in EU-wide risk-sharing.
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.
Jan 12, 2024
On the afternoon of Thursday 2 November 2023, at the IBA Annual Conference in Paris, the European Regional Forum lead the organisation of the automotive session titled ‘The European automotive and mobility service industry: transformation and revolution’. Contrary to its title the panellists came from different areas of the world, including Europe, India, Mexico and South Korea. During the session, panellists discussed issues relating to data privacy, developments concerning autonomous vehicles, the future of electric vehicles and more.
South Africa recently amended its Competition Act, introducing, among other amendments, a novel provision prohibiting the abuse of buyer power. The novelty of the provision stems from the combination of three features: a public interest focus, a dominance requirement and its application not only to trading terms but prices as well.
Aug 05, 2024
In this article, the authors trace the history, evolution and latest developments of the antitrust laws’ application to labour markets in the United States. Then, they describe common types of claims in labour markets cases, before analysing recent criminal and civil wage-fixing, no poach, and merger challenges. The authors conclude by providing actions companies should consider taking, as they seek to avoid finding themselves as a defendant in an antitrust–labour markets case.
Japan has introduced a new collective redress system through enactment of the Act on Special Measures Concerning Civil Court Proceedings for the Collective Redress for Property Damage Incurred by Consumers, Law No 96 of 2013 (the ‘Collective Redress Act’), which came into force in October 2016. This new legislation permits collective claims to be brought against business operators for recovery of damages suffered by consumers relating to consumer contracts.
Links to the texts of international anti-bribery conventions as well as summaries of the anti-bribery legislation of a number of countries, and links to the relevant legal provisions.
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