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Whistleblowing Best Practices

Strengthening corporate integrity: Whistleblowing trends and best practices

By Rohit Kochhar and Madhavi Dutta, Kochhar & Co.
India has emerged as one of the fastest-growing economies in the world, ranking fifth globally in 2023, in terms of GDP with FDI surpassing USD81 billion in the 2022-2023 fiscal year. Japanese companies have been key contributors to this...
Fangda Partners and King & Wood Mallesons have assisted on Alibaba’s sale of department store chain Intime for RMB7.4 billion (USD1 billion) to a consortium. The internet giant holds around 99% of Intime’s equity interest and it has agreed, with...
GST implications on guarantee issuance

Implications of GST on issuance of guarantee

By Anju Gandhi, Hetal Sheth and Manan Pant, SNG & Partners
A guarantee is defined in section 126 of the Indian Contract Act, 1872, as a contract to perform or discharge the liability of a third person in case of default. In lending transactions, a guarantee is issued by a...
SEBI new asset class India

Wealth management in India: SEBI’s bottom-up approach to investment

By Inder Mohan Singh and Suraj Meher, Shardul Amarchand Mangaldas & Co
The Securities and Exchange Board of India’s (SEBI) decision to introduce a new asset class within the mutual fund framework represents a transformative moment for India’s wealth management sector. The new asset class offers a range of investment strategies...
Manner of Holding Inquiry and Imposition of Penalty

New rules address Supreme Court’s burning question

By Aman Avinav, Phoenix Legal
The Ministry of Environment, Forest and Climate Change issued the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 (rules), on 4 November, 2024. The rules prescribe the procedure for filing complaints before the adjudicating authority...

New major player

As commercial cross-border disagreements become more numerous and sophisticated, well-prepared chinese entities are now playing a larger role in international dispute resolution. Sophie Cheng reports Practitioner's Perspective Article Series STEPS TAKEN BY CHINESE COMPANIES to venture beyond the national border have...
In a recent judgment, the Supreme Court of India modified an order from Madras High Court, which had granted a stay on the execution of an arbitral award. The high court had imposed a condition requiring the party, a...
video

Allowing the accused to put their case

By KV Singh and Madhavi Dutta, Kochhar & Co
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has replaced the Code of Criminal Procedure, 1973 (CrPC), from 1 July 2024. Section 223 of the BNSS has rectified what may be thought by many as a surprising omission in the...
Skechers Trademark Infringement Cases

Protecting the brand demands vigilance and determination

By Manisha Singh and Kratika Patel, LexOrbis
The internationally recognised footwear and apparel brand Skechers has long actively pursued legal action to safeguard its intellectual property rights (IPR) in India. Two recent high-profile cases, Skechers South Asia Private Limited and Ors v Wardrode and Ors in the...
Taxation of Secondment in India

The taxing conundrum of secondments

By Agrima Awasthi, Shivanshu Sharma and Diksha Singh, Wadhwa Law Offices
Secondment of expatriates is essential for multinational businesses with cross-border subsidiaries relying on the talent and technical know-how of their headquarters in setting up operations. Usually, an employee of a department, branch or organisation is assigned to work in...
Carbon Credit Trading Regulation

Regulations for trading carbon credit certificates published

By Abhishek Tripathi and Nirmal John, Sarthak Advocates & Solicitors
The Central Electricity Regulatory Commission (CERC) has published the draft Terms and Conditions for Purchase and Sale of Carbon Credit Certificates Regulations, 2024, under the power granted to the government by the Energy Conservation (Amendment) Act, 2022, to bring...
The Association of Corporate Counsel (ACC) Singapore hosted its “Sparkle and Cheer” themed party on 5 December at PS Cafe in Dempsey. The event gathered ACC Singapore members and sponsors to celebrate community ties over food and drinks, with an...
Japan In-house Counsel Network (JICN) held its year-end networking party on 11 December at Pebble Beach Kitchen in Tokyo. The event brought together the JICN board of directors, members and non-member in-house counsel for a California fusion dinner with free-flow...
The Singapore Corporate Counsel Association (SCCA) held its annual black-tie gala dinner on 7 November at Raffles Hotel. The event celebrated SCCA’s 22nd anniversary and brought together more than 270 guests from the legal community. The evening began with a champagne...
The Association of Corporate Counsel (ACC) Hong Kong celebrated its annual party on 21 November at the American Club in Central. The get-together featured an evening of entertainment at the Clipper Lounge. One highlight was a performance by Stuart Palm,...
Chinese legal expert witnessesvideo

Using Chinese legal expert witnesses in international arbitration

By Paul Zhou and Leslie Shen, SGLA Law Firm
The confidentiality and broad enforceability of international commercial arbitration have made it a preferred method for resolving cross-border commercial disputes in recent years. Parties involved in multinational transactions often choose to arbitrate in locations such as Hong Kong, Singapore...
Miura & Partners has expanded its presence in Asia with the upcoming launch of a Bangkok office, the Japanese firm’s third outfit in Southeast Asia, to respond to strong requests from clients previously served via its Indonesia and Vietnam...
South Korean in-house counsel group, the In-House Counsel Forum (IHCF), has appointed an Australian lawyer with 16 years of experience at global pharmaceutical companies as its new president. At its annual general meeting on 18 December 2024 at the Shilla...
Offshore considerations in series finance transactions

Key offshore considerations in series finance transactions

By Peter Vas, Spencer West
Offshore jurisdictions such as the British Virgin Islands (BVI) and the Cayman Islands play a significant role in series finance transactions as they offer a cost-competitive, tax-neutral and tried and tested means of deal structuring. Although the flexibility that both...
Navigating-key-aspects-of-international-arbitration

Navigating key aspects of international arbitration

By Bai Xiao, BZW Law Firm
International arbitration typically refers to proceedings conducted by arbitration institutions outside China. As a mechanism for resolving civil and commercial disputes between equal subjects, it highlights the principle of party autonomy. The confidentiality, neutrality, finality and enforceability of arbitration make...

Key points for civil affairs departments acting as estate administrators

By Li Yinghui and Hong Liang, Zhihe Partners
In practice, unclaimed inheritances due to unresolved problems surrounding the deceased’s estate, including debts and claims, are common. To address this, the Civil Code introduced the estate administrator system, where articles 1145 to 1149 grant civil affairs departments the...
Extending Arbitration Agreements

Scenarios for extending arbitration agreements

By Tian Bin, Langfang Arbitration Commission
Traditionally, an arbitration agreement binds only the signatories and applies solely to a single contract. However, in consideration of fairness, efficiency and transactional relevance, modern arbitration practice recognises the validity of agreements extended under certain conditions. This includes extending...
Joinder of parties in arbitration

Practical application of joinder of parties in international arbitration

By Zhou Yarui, Tahota Law Firm
Arbitration is based on the consent of involved parties. However, in complex commercial environments, the entities holding rights and obligations do not always align with the signatories of contracts. In cross-border transactions, actual trading partners often delegate contract signing to...
share repurchase rights

Disputes over share repurchase rights in VAM agreements

By Rui Gang, Kangda Law Firm
Value adjustment mechanism (VAM) agreements are extensively used in private equity and venture capital (PE/VC) transactions, as well as in mergers and acquisitions (M&A) of listed companies. Although there is a relatively consistent standard for assessing the validity of...
Sole Shareholder Arbitration

Arbitration dilemmas of one-person company with sole shareholder

By Li Fei, Langfang Arbitration Commission
The one-person limited liability company, as a unique corporate form, plays a significant role in today’s complex, globalised commercial sector. With commercial arbitration increasingly important in resolving business disputes, extending arbitration agreements with one-person limited liability companies to sole...
Data Products as Trade Secrets Legal Case in China

Compliance essentials for protecting trade secrets in data products

By Li Weiming, Blossom & Credit Law Firm
China’s first judicial case to protect data products as trade secrets was recently heard when Hangzhou Intermediate People’s Court in Zhejiang province publicly ruled on the administrative penalty and review of Miao v market supervision and administration bureau of...
Outlaw fraudsters are hitching a ride as digital payments soar in India, slipping through defences on the coattails of an evolving technological space where regulations lag. Indrajit Basu reports India’s progress in developing a cutting-edge digital payments system and its...
The launch of two exchange-traded funds (ETFs) involving Saudi Arabia’s Tadawul market, the largest stock exchange in the Middle East, and the HKEX signals an investment shift between the two jurisdictions. CSOP this year collaborated with Albilad Capital – the...
Fangda Partners has expanded the Beijing branch with the addition of Monica Sun, the former head of the China energy practice at Herbert Smith Freehills (HSF). In  2010, Sun helped HSF to establish a Beijing-based team specialising in energy, mining...
The state government has introduced Kerala’s first 24/7 online court in the seaside city of Kollam, which will preside over matters involving dishonoured cheques. The digital court, accessible at https://oncourts.kerala.gov.in/, is a pilot scheme entitled 24x7 ONCourts and has been...
Patricia Bunye, Cruz Marcelo & Tenefrancia’s senior partner and head of the firm’s mining and natural resources department and the energy practice group, is set to take the helm as the new managing partner on 1 January 2025. The newly...
Korean law firm Yulchon has welcomed back IP expert Keejeong Kim as a partner from LIN, where he has served as a partner for four years from 2020. “Kim’s exceptional expertise in cross-border transactions and his strong international capabilities are...
Anderson Mori & Tomotsune (AMT), one of Japan’s four largest law firms, has undertaken a rebranding exercise aiming to target significant areas of further  growth for the 70-year-old Japanese firm. “Focus areas include energy transition finance, fintech, AI, economic security...
Baker McKenzie & KL Partners Joint Venture (Baker McKenzie KLP JV) has grown its international arbitration practice with the onboarding of veteran Sean Sung Woo Lim as a partner in Seoul, who has joined from Shin & Kim, one...
After a wide-ranging market survey and independent editorial assessment, China Business Law Journal unveils this year’s Visionaries in China’s legal market. Claire Zhao reports Access The A-List 2024-25: The Visionaries While 2024 was marked by a slow rebound in the economy,...
Reforming-India-s-merger-control-regime

Reforming India’s merger control regime

By Priti Suri and Aastha Mathur, PSA
The amended Competition Act marks a significant shift in filling regulatory gaps and aligning India with global antitrust standards, especially in the digital sector, write Priti Suri and Aastha Mathur Several new provisions of the Competition (Amendment) Act, 2023 (revised...
DR clauses in multiple contracts

Dilemma in applying DR clauses in multiple contracts

By Zhang Yaxing and San Bing, Han Kun Law Offices
The complexity of commercial disputes often arises from jurisdictional challenges caused by conflicting dispute resolution (DR) clauses in related contracts. This article categorises and briefly outlines the rules and emerging trends in the application of such clauses in domestic...
The Standing Committee of the National People’s Congress announced its Decision on Implementing the Gradual Extension of the Statutory Retirement Age on 13 September 2024. Simultaneously, the State Council issued its Measures on the Gradual Extension of the Statutory...
Maintaining public-private collaboration trust

Maintaining rational trust in public-private collaboration

By Wang Weining and Li Rujia, Starrise Law Firm
In today’s intricate business landscape, public-private collaborations have emerged as a critical pillar of corporate strategic planning. Leveraging their policymaking, resource-allocating and market-steering capabilities, governments and state-owned players are attracting private enterprises seeking mutually beneficial partnerships. Yet this collaborative...
Property Rights Maharashtra

Hands off my property

The Supreme Court judgment in the long-running Property Owners’ Association v State of Maharashtra dispute says privately owned resources must not be indiscriminately made “material resources of the community”, writes former deputy advocate general Varun Kumar Chopra The Property Owners’ Association...
The Korean Commercial Arbitration Board (KCAB) has appointed Hyun Yoon Shin as its 12th president, effective on 16 December 2024 until 2027. “Fundamentally, it is important to further promote domestic and international arbitration. To achieve this, efforts should be made...
Trademark Infringement and Passing Off

Court wipes floor with breachers of contracts

By Manisha Singh and Ritika Agarwal, LexOrbis
In ITC Limited v Arpita Agro Products Private Limited and Ors, Delhi High Court dealt with assignments of intellectual property rights and the obligations of parties, trademark infringement and passing off. The plaintiff, a leading producer of floor cleaners and...

Whistleblowing should be heard throughout the system

By Jatin Pore, Vikrant Singh Negi and Sneha Barange, DSK Legal
In India, whistleblowing of financial wrongdoing has a long and storied history. It is extensively discussed by Kautilya, the author of Arthashastra that is arguably one of the earliest political treatises, and provides for a comprehensive mechanism. There existed...
renewable energy transition problems

Storing up problems in renewable energy transition

By Gautam Chabra, Trilegal
India has made great strides in increasing its renewable energy generation capacity, particularly from variable sources such as solar and wind energy (VRE). These account for some 137GW, or 30% of the total installed capacity of 453GW. However, their...
Regulatory Changes for RE Investments

AIF downstream investing faces uphill compliance battle

By Devyani Dhawan and Aniket Sawant, SNG & Partners
Under existing regulations, banks and financial institutions may invest in alternative investment funds (AIF), which then deploy funds into investee companies. However, recent developments show increasing scrutiny by the Reserve Bank of India (RBI) and the Securities and Exchange...
Draft National Sports Governance Bill 2024

Sports governance legislation: A game well played

By Rajat Prakash and Naina Chandok, Athena Legal
India has serious ambitions to host the Summer Olympics in 2036, giving a significant fillip to sports organisations and participants. This will involve considerable expenditure to create Olympic-standard infrastructure and establish appropriate excellence in individual sports. However, sports governance...
Simpson Thacher, Maples Group, Fangda Partners, Sidley Austin and Jingtian & Gongcheng have acted on Alibaba’s USD5 billion issue of USD and RMB-denominated senior unsecured notes, the biggest corporate bond issue of its kind in the Asia-Pacific region this...
Legal Workplace Revolution

The young ones

The next generation of lawyers is demanding a workplace revolution: Are you ready? Freny Patel reports Reflecting on his early days, a seasoned Supreme Court advocate from New Delhi reminisces with a hint of nostalgia about how lawyers used to...
King & Wood Mallesons has recruited Jerry Liu as an international partner to expand the firm’s global IP business, and he will be based in the Silicon Valley and Shanghai offices. Liu – who specialises in IP areas such as...
Nippon Life Insurance is set to end 2024 with a planned all-cash acquisition of Bermuda-based US counterpart Resolution Life Group Holdings for USD8.2 billion, making it the largest overseas buyout made by a Japanese insurer to date. Nippon Life, which...
Lifang & Partners welcomes its newest management committee member, Shi Bisheng, who joins the Beijing office as senior partner, and will play a part in the firm’s strategic development. Shi was a former partner at Zhong Lun Law Firm and...
Global Law Office, Jingtian & Gongcheng and Latham & Watkins have assisted Anta Sports in issuing EUR1.5 billion (USD1.5 billion) of zero coupon guaranteed convertible bonds through its subsidiary, Anllian Capital 2. This is the third-largest convertible bond offering by...
IndusLaw has counselled rural-focused digital lending firm SarvaGram in raising USD65 million from its series D funding round. Peak XV Partners led the investment in the funding round, which included SarvaGram’s existing investors such as Elevar Equity, Elevation Capital, Temasek...

Shipping transactional lawyer

Role Shipping transactional lawyer Location Singapore Job Description Helmsman is looking for senior lawyers with experience and expertise in shipping transactions to join our practice. Motivated and high-performing team players who have the ability to thrive in a fast paced and challenging professional...
Five law firms have acted on Alibaba’s USD5 billion issue of USD and RMB-denominated senior unsecured notes in Hong Kong in the biggest corporate bond issue of its kind in the Asia-Pacific region this year. The e-commerce giant issued three...

Mortgaging a project under construction

By Sima Yayun, Zheng Xin and Guan Xinran, DOCVIT Law Firm
Mortgaging projects under construction is a common credit enhancement measure, yet it currently lacks a precise legal definition. Generally, it refers to a debtor or third party mortgaging an under-construction building to a creditor. When creditors accept such projects as collateral,...
Legal consultancy, The Grey Matter, has introduced an innovative legaltech solution called Mark My Matter, which automates law firm submissions to publishers and law firm ranking organisations. The platform streamlines the handling of vast deal data, ensures jurisdictional consistency is...
Cyril Amarchand Mangaldas, Shardul Amarchand Mangaldas & Co and White & Case have counselled on Niva Bupa Health Insurance’s INR2.97 billion (USD260 million) IPO in India. The IPO involved the issuance of 297.3 million equity shares with a face value...
Compound interest claims in India

Evolving jurisprudence on compound interest claims in India

By Atika Vaz, Anumeha Karnatak and Eeshan Sonak, Shardul Amarchand Mangaldas & Co.
Compound interest claims are increasingly common in commercial disputes, as they ensure that the time value of money is appropriately reflected in compensation for delayed payments or contractual breaches. The legal status of compound interest continues to evolve in...
Clifford Chance, Jingtian & Gongcheng, Paul Hastings and Tian Yuan Law Firm have assisted on Chinese cosmetic company Mao Geping’s HKD2.3 billion (USD294 million) IPO on the SEHK. The Clifford Chance team, which was led by chair of the China...
Akshat Bhatnagar has joined Kochhar & Co as a partner in its corporate practice at the Gurgaon office and three team members will also join him. Associates Vireman Singh Chauhan, Arya Utkarshni and Bhanu Chaudhary will be assisting Bhatnagar as...
Why are US law firms leaving China?

Wave of departures

A sluggish market and data regulation concerns are common culprits blamed for a spate of foreign law firms shutting up shop in China, but a few outliers have chosen to sail against the tide and expand their businesses. Maisy...
video

Arbitration challenges in cross-border mergers and share swaps

By Vicky Zhang and Missan Leung, Dacheng Law Offices
Mergers and share swaps are common strategies for corporate alliances and rapid value enhancement. When successfully executed, they can yield exponential value and profits. However, if one party commits a significant breach of contract, can arbitration fully compensate the...
Blackstone Chambers has welcomed King’s counsel Sapna Jhangiani, an international commercial disputes specialist, in Singapore. In 2020, Jhangiani was the first female lawyer in Singapore to be appointed as a King’s counsel in England and was a former partner at...
DeHeng Law Offices is setting up an office in Indonesia and it will be jointly operated by Jakarta outfit Armila & Rako. The PRC firm made the announcement within the same week as the official opening of its Riyadh site...
Four firms acted for parties involved in the USD142 million 100% acquisition of Del Monte Foods by listed company Agro Tech Foods, soon to be renamed Sundrop Brands. IndusLaw represented Agro Tech, as well as the company’s backers, Samara Capital...
DeHeng Law Offices has officially entered Riyadh, the capital city of Saudi Arabia, becoming the first Chinese law firm to establish a presence in the country.  The new office, co-led by partner William Jia and Saudi lawyer Dhari Saad Alharbi,...
Lakshmikumaran & Sridharan Attorneys won the 16th edition of the Society of Indian Law Firms (SILF) Cricket Tournament 2024, marking their third consecutive event victory. The final match was held on 1 December 2024 at Modern School, Barakhamba Road, New...
Nawneet Vibhaw is aiming to bring the environmental law practice and services in India up to international standards with his independent practice – Panchtattva Advocates. Vibhaw has multiple career milestones under his belt, having served as a partner at Shardul...
Lexicon

Service by public notice

This column discusses the circumstances in which court documents may be served on a party through public notice, such as by posting a notice in a newspaper. Starting with considering the purpose of rules regarding the service of court...
Oh-Ebashi LPC & Partners has deepened the firm’s tax expertise with the hiring of new partner Hidehiro Utsumi, a tax veteran who has advised on Japan’s largest leveraged buyout and tender offer, in Tokyo. Management partners of Oh-Ebashi told Asia...
Latham & Watkins, Kirkland & Ellis, Fangda Partners are among seven law firms that have roles advising a consortium of six companies on the HKD55.2 billion privatisation of Hong Kong-listed ESR Group in the largest take-private move from the...
Japan Firm of the Year 2024

Japan Law Firm Awards

Asia Business Law Journal names the country’s top law firms. Miran Lim and Emeli Zuño report Japan’s economy is showing signs of recovery, despite hurdles. Consumer spending is slowly rising as personal consumption and retail sales witness marginal growth. Businesses are...
India Business Law Journal is inviting nominations for the 2024 Deals of the Year Awards. Details of the winning deals and the law firms that guided them will be published in February 2025 in the print and online editions of India Business...
Role HK Capital Markets Associate (3-5 PQE) - 17173/VTA Location Beijing, China Job Description This is an exciting opportunity for a Capital Markets lawyer to join a top-tier ECM team in Beijing. You will work with leading partners on HK IPOs and regulatory matters...
Chinese arbitral awards in Myanmar

Recognition and enforcement of Chinese arbitral awards in Myanmar

By Huang Qiang and Yang Shixuan, Zhong Ce Law Firm
Myanmar, a key partner in the Belt and Road Initiative, is an important trade partner for China. In recent years, the number of mainland China arbitral awards involving Myanmar parties has been increasing, leading to growing demand for the...
Settling Tax Disputes

Draining the endless swamp of tax disputes

By Aman Avinav, Phoenix Legal
Following the success of the Direct Tax Vivad se Vishwas Act, 2020 (DTVSV act), the government has reintroduced the Direct Tax Vivad Se Vishwas Scheme, 2024 (scheme) under the provisions of chapter IV of the Finance (No. 2) Act,...
Simplifying Tax Legislation

Trust needed for tax simplification

By Seema Kejriwal, BMR Legal
In her July 2024 budget, the finance minister announced a comprehensive review of the Income Tax Act, 1961. This was to be a six-month plan targeting disputes and litigation and making the act lucid, concise and easy to read. The...
AI Regulation in India

Balancing AI, ethics and the constitution

By Varun Pathak, Yash Karunakaran and Vishwajeet Deshmukh, Shardul Amarchand Mangaldas & Co
As emerging technologies proliferate, regulating artificial intelligence (AI) has become a pressing concern for democracies committed to safeguarding fundamental rights. In India, the AI regulatory landscape is in constant flux in an attempt to keep pace with technology’s rapid...
Herbert Smith Freehills (HSF) and Allens have advised on Commonwealth Bank of Australia’s (CBA) sale of Commonwealth Private’s personal advice business to LGT Crestone, involving about 500 clients, 19 investment advisers and more than AUD5 billion (USD3.2 billion) in...
The Shanghai International Arbitration Centre (SHIAC) has set a record for accepting 240 foreign-related cases in the first three quarters of this year, involving 50 countries and regions. Han Gang, the deputy secretary-general of the SHIAC, revealed the news during...
Paul Weiss and Milbank have, within the first week of December, confirmed their respective plans to pull out of mainland China, joining a wave of exits by fellow US law firms in the past year This comes about a month...
DeHeng Law Offices has officially opened its doors in Riyadh, the capital city of Saudi Arabia, becoming the first PRC law firm to establish a presence in the country. The new office, co-led by partner William Jia and Saudi lawyer...
India's top 100 lawyers 2024-25

The A-List 2024-25

Based on insights from in-house counsel and top business leaders, India Business Law Journal celebrates India’s most popular lawyers making the A-List. Katherine Abraham reports Access the A-List 2024-25 In 2024, India’s corporate law landscape has undergone transformations, punctuated by significant...
Milbank will shut down its Beijing office at the beginning of 2025, marking the second US law firm to withdraw from the Chinese market within the week, following an earlier confirmation by Paul Weiss. A spokesperson for Milbank told China...
W&H Law Firm continues its international expansion push with the opening of its Hong Kong operation, which is its third offshore branch after setting up shop in Bangkok and Tokyo. The SAR office is led by Eric Ying, the managing...
ANI vs. OpenAI Legal Case

ANI v OpenAI: A copyright, AI training and false attribution dispute

By Vaishali Mittal, Anand and Anand
A significant legal case is unfolding before Delhi High Court with the Indian news agency ANI (Asian News International) suing OpenAI, the creators of ChatGPT, alleging copyright infringement, false attribution and improper use of their content. The case, opened on...
Party autonomy is a cornerstone of commercial arbitration, encompassing the choice of arbitration language. This language applies throughout the entire arbitration procedure from filing, service of documents and oral hearings to the final award. Disputes often arise when parties have...
Bae, Kim & Lee and Yoon & Yang have advised on NH Nonghyup REITs Management’s acquisition of Donuimun D Tower, a prime office building in central Seoul, for KRW895.3 billion (USD 640 million) from Mastern Asset Management. “This is a...
Fangda Partners and King & Wood Mallesons have assisted with the Airport Authority Hong Kong’s (AAHK) RMB4.3 billion (USD591.4 million) acquisition of a 35% stake in Zhuhai Airport. AAHK reached an agreement with Zhuhai Transportation Holdings Group on 26 November...
Payal Dayal, partner and the head of the corporate practice at AKS Partners, has joined Sarthak Advocates as a partner. Her AKS colleagues senior associate Shivani Wadhwa, and associates Ritika Gupta and Muskaan Chugh have also moved to Sarthak. Dayal...
Paul Weiss will be closing its sole office in the mainland, China Business Law Journal has confirmed. The firm’s spokesperson said: “We will close our Beijing office at the end of the year. We remain committed to having a strong...
Jurisdictional Conflicts In Labour Disputes

Case study: jurisdictional conflicts in labour disputes

By Mu Dunbo and Liu Jian, Zhilin Law Firm
In a recent labour dispute case handled by the authors, a listing company employer was registered in Shenzhen, but its annual report and several effective judgments identified its principal office as being in Beijing. The employer and an employee...
Shareholders' Right to Information

Shareholders’ right to information under new Company Law

By Yi Xiangming and He Lingyu , Zhong Lun Law Firm
Shareholders’ right to information grants shareholders the ability to understand a company’s operational and financial status, as well as other matters closely related to their interests. This right is the basis for shareholders to exercise their common interests and...

EACs: The alternative for Philippine carbon credit market

By Jose M Layug Jr, DivinaLaw
Does the Philippines need a new trading system to guide it towards a domestic carbon credit scheme? The authors have a suggestion to get things moving. World incentives The past few decades have seen collective actions by governments to slow global...
Global Law Office has brought onboard partner #Wang Yi#, the former head of Merits & Tree Law Offices’ corporate and compliance team, to its Shenzhen branch, while his former colleague Zhao Yanming has also joined as a partner. Both formerly...
Saudi Arabia Investment Law

Saudi Arabia’s new gateway to global capital

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
In line with Saudi Vision 2030 and the national investment strategy, the new Investment Law, enacted by Royal Decree No. M/19 on 11 August 2024, will come into effect on 1 February 2025. This legislation will replace the existing...
Ashurst has bolstered its energy capabilities in Southeast Asia with the addition of new partner Kok Jin Ong, previously a counsel at A&O Shearman, in Singapore. “Jin’s practice fits well with our existing capabilities and our strategic focus on sustainability...
TT&A has advised InHealth, UK, on a cross-border share swap deal involving the sale of its radiology reporting division to Apollo Radiology International (ARI) and acquiring a significant minority stake in ARI for an undisclosed amount. Partner Pratika Shankar and...
Facilitating-cross-border-data-flow-in-the-GBA-L

Facilitating cross-border data flow in the GBA

By Sam Wu and Beverly Fu, YC Legal
The Guangdong-Hong Kong-Macau Greater Bay Area (GBA) initiative creates a highly integrated economic and business hub by connecting nine cities in Guangdong province with the Hong Kong and Macau Special Administrative Regions. Introduction of the Standard Contract for the Cross-boundary...
Legal Risk Management For SMEsvideo

Exploring the legal framework for SMEs

By Jiang Xiuxian and Wen Jiankun, ETR Law Firm
Small and medium-sized enterprises (SMEs) hold a crucial position in China’s national economy and social development. Promoting the growth of SMEs is a long-term strategic goal for China. Preventing legal risks for SMEs and improving their legal framework are...
The  Hong Kong Law Society has approved Mayer Brown’s plans to spin-off Johnson Stokes & Master (JSM) and is now in its initial stages of completion. JSM, with 125 lawyers moving across with the firm, has regained its independence after...

Defining scope of bona fide counterparties under new Company Law

By Pan Junhui and Jian Yiqian, Grandway Law Offices
Article 34 of the new Company Law stipulates: “Changes in company registration matters must be legally registered. Unregistered or unamended changes cannot be used against bona fide counterparties.” This clause is derived from article 32(2) of the previous Company...
Trilegal and Khaitan & Co have counselled parties on RMZ Group and Colt Data Centre Services’ 50:50 USD1.7 billion joint venture investment in the Indian data centre market. As part of the transaction, RMZ Group entities will acquire stakes in...

Exploring creditor protection paths under new Company Law

By Zhang Zheng and Chu Wenqin, Guantao Law Firm
Behind debtor companies with no assets for execution often lie issues such as insufficient shareholder contributions, false contributions and withdrawal of capital contributions. Before the implementation of the new Company Law, judicial practice could regulate these issues but often...
shareholder responsibilities in bankruptciesvideo

Shareholder responsibilities in bankruptcies under new Company Law

By Kong Yiding, Wintell & Co
The new Company Law, effective from 1 July 2024, has significantly impacted commercial entities, with shareholder responsibilities regarding capital contributions capturing the most attention. This article examines the duties of shareholders in companies that have entered bankruptcy liquidation or...
Against the backdrop of rising international disputes involving PRC companies, Singapore’s dispute resolution authorities spoke of the role the Lion City’s legal sector will play in resolving contentious matters. Ministerial authorities and the heads of dispute resolution centres shared their...
DLA Piper has recruited Jang Yeo as a corporate partner in Seoul to strengthen their corporate consulting services in South Korea. “Jang has extensive experience in both South Korea and the US, making him superbly placed to support clients as...
Jakarta-based Batavia Advocatorum (B.Av) has grown its dispute resolution practice with the onboarding of litigation partner Raditya Anugerah Titus, who has joined from Makarim & Taira S, one of Indonesia’s oldest law firms. Syafrullah Hamdi, the managing partner of B.Av...
Mori Hamada & Matsumoto has plans to launch a San Francisco Bay Area office, setting out to provide an Asia practice to clients based on the West Coast to tap technology and startup-related legal needs. “Last year, when we opened...
legal risks for Chinese companies in Japan

Legal risks for Chinese enterprises in Japan

By Ryan Pan and April Li, Ronly & Tenwen Partners
In recent years, Japanese businesses have been less inclined to expand into China, while the opposite is true for investments in Japan by Chinese firms, driven by factors such as the weakening yen. Following the surge in acquisitions of...
non-compete disputes

Key points for examining non-compete disputes

By Shaw Zhao and He Yanling, Jingtian & Gongcheng
Evolving economic environments and market competition have seen a sharp rise in the number of non-compete disputes. These cases now feature a broader range of parties, diverse dispute types, increased complexity, and prominent issues regarding breach penalties. Drawing on...
business opportunities company law

Defining business opportunities according to new Company Law

By Jin Yifan, Anli Partners
Business opportunities are vital to a company’s survival and growth. The first time that China’s legislation prohibited the misappropriation of business opportunities was in the Company Law (2005 Revision), with article 149 declaring that directors and senior executives shall...
Five law firms, including Davis Polk and Haiwen & Partners, advised Pony AI’s USD413 million Nasdaq debut, in this year’s third-largest Chinese company IPO in the US following two debutants Amer Sports and Zeekr. Davis Polk acted as the driverless...
Thailand's top lawyers and legal icons

Thailand’s top lawyers 2024

Following an extensive nomination process, Asia Business Law Journal unveils the A-List of Thailand's top 100 lawyers plus 25 legal icons. Miran Lim and Brian Yap report View the A-List As one of the most advanced markets in Southeast Asia, Thailand...
GEN Law Firm has recently expanded its intellectual property team with the addition of partner Lu Liang who will be practising at the Beijing office. Lu specialises in IP litigation and non-litigation, advising clients on copyright, trademark and administrative IP...
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Forced mediation for counterclaims counterproductive

By Ambar Bhushan and Divyam Sharma, Bharucha & Partners
In the recent case of Aditya A Birla Fashion and Retail Limited v Mrs Saroj Tandon, Delhi High Court observed that as a matter of law, pre-institution mediation (PIM) under section 12A of the Commercial Courts Act, 2015, is mandatory...
Law.asia, which comprises the websites of India Business Law Journal, Asia Business Law Journal and China Business Law Journal, has won the Indian National Bar Association’s (INBA) award for Law Portal of the Year 2024. The accolade was announced at...
Rajah & Tann Thailand has strengthened its shipping and insurance practice groups with the hiring of a team from Chandler MHM in Bangkok, onboarding partner Ittirote Klinboon, counsel Rawi Mechvichai and senior associate Toon Thanakham. “The new team allows us...

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