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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...
Seven law firms, including Herbert Smith Freehills, CM Law Firm, Grandall Law Firm and Harneys, have secured roles in the HKEX’s second-largest IPO this year with mainland logistics giant SF Express raising HKD5.83 billion (USD749 million). Herbert Smith Freehills, led...
Internal Investigations DPDPA Compliance

DPDPA means treading lightly when investigating internally

By Ada Shaharbanu and Hamsadhwani Alagarsamy, Spice Route Legal
Internal investigations are crucial to corporate governance, whether triggered by breaches of confidentiality, insider trading, misconduct or criminal activities such as fraud and corruption. These inquiries will also present new challenges when the Digital Personal Data Protection Act, 2023...

A mixed blessing

In the second instalment of a two-part series on the adoption of legal technology, Brian Yap looks at how AI is generating new gains – and fresh doubts As private practice and in-house lawyers in Asia increasingly leverage artificial intelligence...
Duan & Duan Law Firm has acquired Japan-focused A&Z Law Firm and merged with UK law firm Jackson Lyon, establishing its Tokyo office and opening a London branch. “Before launching the London office, we had already established seven international branches,...
The Securities and Exchange Board of India (SEBI) has issued demand notices to five entities totalling INR1.3 billion (USD15.4 million) in the fraud case involving the divergence of funds from publicly listed Reliance Home Finance Limited. Each of these entities...
E-commerce in Russia

E-commerce in Russia: what foreign business needs to know

By Georgy Daneliya, Alisa Mikheeva, and Shermet Kurbanov, SL LEGAL
MAIN INDIA With extensive internet penetration reaching about 88%, development of e-commerce is one of Russia’s key strategic initiatives, currently accounting for about 4.6% of GDP. In 2020, despite overall economic downturn, the pandemic spurred a substantial increase in online shopping...
E-commerce and FDI legal insights

E-commerce and FDI in India: Key legal insights

By Raghubir Menon, Ekta Gupta, and Rooha Khurshid, Shardul Amarchand Mangaldas & Co
MAIN RUSSIA The Indian e-commerce sector has transformed the retail industry by enabling transactions on digital platforms. The sector has been at the forefront of the Indian startup ecosystem, attracting substantial investment for more than a decade. Between 2014 and the...
E-Commerce developments in India and Russia

Developments in e-commerce

A comparison of shifts in regulations governing e-commerce in India and Russia INDIA RUSSIA E-commerce and FDI in India: Key legal insights The Indian e-commerce sector has transformed the retail industry by enabling transactions on digital platforms. The sector has been at the...
Duan & Duan Law Firm has made significant strides in its global expansion in 2024 with the acquisition of Japan-focused A&Z Law Firm, establishing its Tokyo office and opening a London branch, reflecting its ambition to align with the...
geopolitical risk strategies in Asia

Risky business

As the world grapples with two hot wars, trade conflicts, tit-for-tat international sanctions and cyber-threats, lawyers and in-house counsel in Asia discuss the risks that are directly impacting them and their strategies for success and survival Witnessing the hostile geopolitics...
Six law firms have advised on online food delivery company Swiggy’s INR113.3 billion (USD1.35 billion) IPO on 13 November 2024 on the Bombay Stock Exchange and the National Stock Exchange of India, marking the country’s second-largest debut in 2024...
Linklaters and A&O Shearman have advised on the issuance of USD2 billion in sovereign bonds by China’s Ministry of Finance, the first of its kind to list in the Middle East. Linklaters acted as the Ministry of Finance’s international legal...
Although cybersquatting – the act of registering or buying the domain name of an existing brand to profit from the trademark – has existed since the 1990s, India lacks specific laws to tackle such crimes. Utsav Mukherjee, founder of...
Insurance law in India and Japan

Developments in insurance law

A comparison of updates on eligiblity criteria in Japan and subrogation in India INDIA JAPAN India’s Doctrine of Subrogation: Evolution, application and practical considerations Subrogation allows an insurance company to step into the shoes of the insured and recover amounts from third parties...
Insurance regulation in Japan

The regulation of insurance in Japan

By Takuya Oshida, Tatsuya Nakayama, and Masashi Ueda, Nishimura & Asahi
MAIN INDIA Insurance business in Japan is regulated under the Insurance Business Act (IBA), whereby the Financial Services Agency (FSA) takes the main role as the insurance regulator. Under the IBA, the Japanese Prime Minister has the authority to supervise the entities...
India’s Doctrine of Subrogation

India’s Doctrine of Subrogation: Evolution, application and practical considerations

By Mandakini Khanna, Arjun Masters, and Mansa Shuklaand, Tuli & Co
MAIN JAPAN Subrogation allows an insurance company to step into the shoes of the insured and recover amounts from third parties responsible for the loss. This article reflects on the origins of this doctrine, its application under Indian law, and practical...
India’s Carbon Credit Trading Frameworkvideo

Carbon trading: Unlocking investment potential

By Vandana Pai and Heer Kamdar, Bharucha & Partners
India is a signatory to the Paris Agreement, 2015, and has committed to reducing its emissions intensity by 45% before 2030, using 2005 figures as a baseline. Emission intensity is the amount of greenhouse gas (GHG) emitted for every...
Game on! How are regulators keeping up with the action in mainland China, Japan, the Philippines and Taiwan? CHINA JAPAN PHILIPPINES TAIWAN Regulations governing e-sports events in mainland China E-sports events are at the heart of the electronic sports industry, bringing together game publishers/operators, event...
game development legal issues Taiwan

Game development and distribution in Taiwan

By Tsung-Yuan Shen and Rachel Chen, Lee and Li
MAIN CHINA JAPAN PHILIPPINES The game industry is more than just entertainment; it involves complex legal matters. Game developers and companies must be aware of these issues and take proactive steps to protect their creations and ensure compliance with the law. The following...
e-sports regulation in the Philippines

Game on: Navigating e-sports regulations in the Philippines

By Mark S Gorriceta, Micaela Kristina V Galvez and Kathleen T Guiang, Gorriceta Africa Cauton & Saavedra
MAIN CHINA JAPAN TAIWAN Electronic sports (e-sports) in the Philippines has seen rapid growth in the past decade, primarily driven by technological advancements, better internet infrastructure, and the younger population’s enthusiasm for competitive gaming. The pandemic further accelerated this phenomenon as people turned to...
Gaming and e-sports in Japan

The cutting edge of gaming and e-sports in Japan

By Sayaka Kano, Takeshi Nagase and Takashi Nakazaki, Anderson Mori & Tomotsune
MAIN CHINA PHILIPPINES TAIWAN With minimal regulation, Japan is at the forefront of the gaming industry. The e-sports industry has experienced a steady increase in both the number of players and the frequency of tournaments, with events of various sizes growing in popularity...
Esports regulations in China

Regulations governing e-sports events in mainland China

By Wei Quan, Jingtian & Gongcheng
MAIN JAPAN PHILIPPINES TAIWAN E-sports events are at the heart of the electronic sports industry, bringing together game publishers/operators, event operators, live streaming platforms, clubs and e-sports players. Approvals and permits E-sports event participants are required to obtain the following qualifications and licences to engage...
The former head of bankruptcy and restructuring practice at TianTong Law Firm, Chi Weihong, has established Shanghai-based Zai Sheng Law Firm. The National Lawyer Credit Information Publicity System shows that the justice authority gave the new firm the green light...
Hylands Law Firm has recruited partners Liu Xinlei, Luo Bing and Liu Fei to its Beijing office, strengthening the firm’s expertise across multiple practice areas. Liu, the former non-equity partner at Zhong Lun Law Firm, specialises in investment, M&A and...
Anderson Mori & Tomotsune and Mori Hamada & Matsumoto are, alongside Davis Polk & Wardwell and Simpson Thacher & Bartlett, advising on Japanese memory chipmaker Kioxia Holdings Corporation’s JPY750 billion (USD4.8 billion) initial public offering on the Tokyo Stock...
The Competition Commission of India (CCI) has imposed a penalty of INR2.1 billion (USD252 million) on Meta for abuse of dominant position. The CCI imposed the penalty in relation to the privacy policy of the Meta-owned WhatsApp service, issued...
An update of regulatory amendments and trends in mainland China, India and Taiwan CHINA INDIA TAIWAN Exploring fintech regulation in China Financial technology regulation in China is most clearly understood from regulation trends of its financial institutions, where two questions arise: Who should technology...
Fintech regulation in China

Exploring fintech regulation in China

By Xiaojia (Shelly) Sun, JunHe
MAIN INDIA TAIWAN Financial technology regulation in China is most clearly understood from regulation trends of its financial institutions, where two questions arise: Who should technology serve; and how can it achieve that goal? The integration of technology and finance in China, and...
Safeguarding borrower data in digital lending

India safeguarding borrower data in digital lending

By Rohan Bagai, Arjun Uppal, and Shubham Parkhi, AZB & Partners
MAIN CHINA TAIWAN Indian consumers have realised the potential of digital lending for enhancing purchasing power in the past decade. While digital lending is a stimulant fostering retail growth for Indian traders, regulation was ultimately deemed necessary to preserve the stability of...
Fintech laws developments in Taiwan

Fintech laws: Recent developments in Taiwan

By Eddie Hsiung, Lee and Li
MAIN CHINA INDIA Fintech has been a prominent issue in Taiwan for some time, with recent discussions increasingly focusing on the payment sector and virtual assets. Payment sector In Taiwan, traditional remittances and credit card payments typically go through banks. The Electronic Payment Institutions...
The Securities and Exchange Board of India (SEBI) has released circulars changing the regulations on disclosure requirements and overseas investment of mutual funds. These changes follow feedback from the industry and consultations with the Mutual Fund Advisory Committee. The new...
Tax Update Japan Philippines

Tax update

A comparative guide to hot button taxation issues in Japan and the Philippines JAPAN PHILIPPINES Summary of selected taxation issues in Japan When doing business in Japan, it is common to use financially opaque corporations, while using partnerships and other financially transparent entities...
Japan corporate income tax

Summary of selected taxation issues in Japan

By Takato Masuda, Nishimura & Asahi
Main PHILIPPINES When doing business in Japan, it is common to use financially opaque corporations, while using partnerships and other financially transparent entities is relatively less popular. This article focuses on corporate income tax (CIT). In addition to CIT, Japanese businesses...
Philippines VAT on digital services

Philippines update: The VAT on digital services

By Karen Ocampo, Ocampo and Suralvo
Main JAPAN Under a landmark law, the Philippine legislature has amended certain provisions of the national tax code to capture digital services coming into the country from abroad. The upshot of these amendments is that the country’s 12% value-added tax (VAT) now...
Hogan Lovells has added Rob Palmer as a partner in Singapore to fortify its international arbitration practice in Asia. Nick Williams, APAC’s head of litigation, arbitration and employment at Hogan Lovells, emphasised the significance of this hire, citing Palmer’s reputation...
AnJie Broad’s Guangzhou office has recruited partners Tian Miao, Wang Jiang and Wang Jue from Winlong Law Firm to enhance its criminal defence and foreign investment capabilities. Tian and Wang Jiang, former deputy directors of Winlong’s management committee, led the...
Korea top 100 lawyers 2024

Korea’s Top Lawyers

Following an extensive nomination process, Asia Business Law Journal unveils the A-List of Korea's top lawyers. Miran Lim and Byung Jin Park report View the A-List The recovery of the South Korean economy is accelerating. Boosted by a rebound in...
Sullivan & Cromwell has advised Hong Kong-listed Foxconn Interconnect Technology (FIT) in establishing a USD100 million joint venture company, Smart Mobility SJSC, with Saudi Arabian enterprise Saleh Suleiman Alrajhi & Sons. The firm’s Hong Kong-based partners Michael George DeSombre, Kay...
Seoul-based Jipyong has elected new leaders to run the 24-year-old firm, including an attorney who represented South Korea’s fair-trade watchdog in winning a dismissal of US semiconductor and telecoms equipment company Qualcomm’s objection to a record-high fine. Attorneys Gee Hong...
A&O Shearman, Goodwin and Conyers are advising BioNTech in its proposed USD950 million acquisition of its Chinese cancer drug partner, aimed at taking over drugs that can compete with Merck Sharp & Dohme’s immunotherapies. BioNTech has reached an agreement to...
Neerav Merchant has joined AQUILAW as head of the disputes practice in the Mumbai office, following a 17-year stint at Majmudar & Partners. “In the past few years, law in India has been growing, evolving and innovating at an unprecedented...
The International Financial Services Centres Authority (IFSCA) has granted approval for PFC Infra Finance IFSC Limited (PIFIL), the IFSC’s first power and infrastructure lender in Gujarat, to commence operations in GIFT City. The PIFIL is a wholly owned subsidiary of...
The Securities and Exchange Board of India (SEBI) has released a draft on policies for sharing data for analysis and research. This aims to fill the existing gaps in the 2018 data sharing policy, making it easier to achieve...
DaHui Lawyers has hired Zhang Dongjing, the former director of Zhongshan Law Firm, which is one of the biggest Wuhan-headquartered firms with more than 200 lawyers. Zhang joins DaHui’s Wuhan office as a partner and executive director, bringing along her...
Sullivan & Cromwell has advised Hong Kong-listed Foxconn Interconnect Technology (FIT) in establishing a USD100 million joint venture company, Smart Mobility SJSC, with Saudi Arabian enterprise Saleh Suleiman Alrajhi & Sons. The law firm’s Hong Kong-based partners Michael George DeSombre,...
Nishimura & Asahi and US firm Sheppard Mullin have led on an acquisition by Toho Co, the Japanese creator of the Godzilla movie franchise, of US-based Studio Ghibli’s animated film distributor GKIDS in an overseas expansion push. Advised by Nishimura...
Fangda Partners, Sullivan & Cromwell and Baker McKenzie FenXun have advised on China Oriental Group’s USD2.66 billion joint ventures with steel manufacturing giant ArcelorMittal, marking one of the largest foreign direct investments in China’s steel industry in recent years. The...
Khaitan & Co, JSA and Hogan Lovells counselled parties involved in the INR36 billion (USD515 million) initial public offering (IPO) of Waaree Energies, India’s largest solar module manufacturer. Khaitan & Co served as Indian legal counsel to both Waaree Energies...
Anglo-Australian firm Herbert Smith Freehills (HSF), which has announced plans to form a combined firm with New York-based Kramer Levin, has aimed to capitalise on an expanded US practice to further build sectoral expertise in Asia. This comes 12 years...
Wintell & Co expands its presence in Central China with the establishment of a new office in Wuhan. Partner Liu Weijie will lead the Wuhan branch, which is the firm’s 16th office in the mainland. It houses 20 lawyers, including...
Energy-focused Sunshine Law Firm has set up a branch in Chongqing, its fourth in China, with a team of more than 10 members to tap regional development opportunities. This new branch will specialise in green bonds, tax compliance, restructuring and...
NDI Rules 2024

Cross-border share swaps home and free

By Manish Gupta, Rashi Singh and Ananya Vajpey, Shardul Amarchand Mangaldas & Co
To ease and boost foreign direct investment, the Ministry of Finance in August 2024 issued amendments to the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019 (NDI rules). These amendments have eased share swaps as a form of non-debt, equity-based...
Kevin Nash has accepted the role of director general at the London Court of International Arbitration (LCIA) and he will start in January 2025, transitioning from his tenure at the Singapore International Arbitration Centre (SIAC). During the past decade, Nash...
localisation in Russia’s automotive sector

Construction, infrastructure issues in Russia’s auto sector

By Georgy Daneliya and Dmitry Bogdanov, Seamless Legal
International restrictions on Russia have made localisation worthy of a closer look for interested foreign carmakers   Since 2022, various restrictions imposed by the US, EU, UK, Japan and several other jurisdictions on a wide range of investment activities in...
Role Senior Leadership and Legal Counsel(s) Location Seoul, South Korea Job Description To establish the leadership position in the Asian ADR market, the Korean Commercial Arbitration Board International (KCAB INTL) seeks legal professionals for positions of senior level management and senior/junior counsel. Requirements Senior Level (Admitted...

Legal Officer, Asia Program

Role Legal Officer, Asia Program Location Tokyo, Seoul, or Asia (remote) Job Description This newly created role works in collaboration with international partners to support the use of legal interventions to speed up a just and equitable transition to renewables. You will increase pressure...

Great expectations for Philippines ‘Register for Well-known Marks’

By Ernest Luigi A Manzanares, Federis & Associates Law Offices
As of now, the only way for a trademark to be conferred “well-known” status in the Philippines has been through an adversarial procedure. But this changes with the upcoming rollout of the Register for Well-Known Marks by the Intellectual...
Role Corporate Associate (5-7 PQE) 17185/VTA Location Hong Kong or Shanghai, China Job Description This leading international law firm is starting its search for a talented mid-to-senior Associate/Counsel to join their formidable Hong Kong or Shanghai Team. This is an exceptional opportunity to work...
Global firm White & Case has signed up partners Aaron Kenavan and Jamie Palmer to strengthen its M&A and private equity practice in the Asia-Pacific region. Daniel Yeh, partner and co-head of the global private equity industry group at White...
I2409-cover

Law’s unsung heroes?

As the legal market grows more demanding, business development professionals have a crucial role in supporting growth and client engagement. Katherine Abraham explores the key opportunities they can harness and the challenges they face See below for Top Tips On...
The In-House Counsel Forum (IHCF) celebrated its 25th anniversary at the Four Seasons Hotel Seoul on 12 November with 240 in-house counsel, law firm lawyers and other attendees. Founded in 1999 by then in-house counsel Daniel W. Lee and Jai...
Wintell & Co’s Beijing office adds Cai Shuaitong and Fu Liya as senior partners, who are both specialists in securities litigation and arbitration. Cai and Fu were former partners at Fada Law Firm in Beijing. They have been representing many...
Han Kun Law Offices, Slaughter and May, Fangda Partners, Kirkland & Ellis, and Jingtian & Gongcheng have advised on the first acquisition of a Hong Kong-listed company by a firm listed on the Star Market of the SSE. The Shanghai-listed...
The Ministry of Commerce and Industry, through its Office of the Controller General Patents, Designs & Trademarks, has released a public notice alerting stakeholders against fraudsters. The notice said fraudsters were collecting data about IP applications and seeking undue...
Employment Considerations in Business Reorganisation

Workforce changes during business reorganisation

By Agrima Awasthi and Diksha Singh, Wadhwa Law Offices
A key aspect of business reorganisations that requires consideration is the employment status of the workforce that is impacted by the proposed transaction. Companies must consider the applicable labour laws for employees whose employment may be terminated and for...
The Competition Commission of India (CCI) has released a notice inviting digital forensic service providers to apply for empanelment with the authority via tender. Services need to include acquisition, extraction and analysis of digital evidence from different devices, data...
K&L Gates Straits Law has strengthened its energy, infrastructure and resources (EIR) practice with the recruitment of Brad Roach as partner and Alexandra Jones as senior associate. John Crossley, EIR practice area leader at K&L Gates, said: “ will turbocharge...
Fangda Partners, Sullivan & Cromwell and #Baker McKenzie# FenXun have advised on China Oriental Group’s USD2.66 billion joint ventures with steel manufacturing giant ArcelorMittal, marking one of the biggest foreign direct investments in the nation’s steel industry in recent...
The Indonesian Corporate Counsel Association (ICCA) and Hukumonline co-hosted the In-House Counsel Summit & Awards (IHCA) 2024 at the Westin Resort Nusa Dua Bali from 17-18 October. The summit brought together more than 300 legal experts, business leaders and technology...
BVI Treatment of DAOs in Insolvency

BVI treatment of DAOs in insolvency

By Gary Smith and Edmond Fung, Loeb Smith Attorneys
The British Virgin Islands (BVI) has been proactive in addressing the legal implications of decentralised autonomous organisations (DAOs), particularly concerning their assets and liabilities in the context of insolvency. While the BVI does not have specific legislation exclusively addressing...
DMD Advocates is representing GE India Industrial before the National Company Law Tribunal (NCLT) in New Delhi seeking approval for the demerger of its energy businesses. This demerger is part of a broader global strategy by New York Stock Exchange-listed...
G Madhusudhana brings three decades of exeprience to the team at IndusLaw, where he will be a partner in the real estate practice at the Bengaluru office. Madhusudhana specialises in the real estate aspects related to corporate transactions, investments, financing...
ALMT Legal has assisted SIDBI Venture Capital on its INR150 million (USD1.8 million)  investment in Zerund Manufacturing, a company specialising in fly ash brick production using patented technology. Senior partner Statira Ranina led the ALMT transaction team, with partner Vaishakh...
International firm Stephenson Harwood has added Jay Ze as a partner to the firm’s corporate practice.  Ze’s move follows Eversheds Sutherland’s decision to close its Beijing office, where he was the managing partner and head of corporate China.  Qualified as a...
Japanese Investment in Indian Manufacturingvideo

Legal hurdles thwart Japanese companies in Telangana, AP

By Kaveri Srivastava and Swati Sharma, Kochhar & Co
Soaring Japanese investment in the Indian manufacturing sector during the last decade reflects the availability of human and natural resources, a relaxation of sector-specific foreign direct investment (FDI) policies and foreign trade agreements. Foreign collaborations have augmented India’s need...
India’s Energy Transition Challenges

Coal sector perhaps running out of steam

By Niharika Puri and Ashu Bhargav, Trilegal
India’s resolve to achieve net zero emissions by 2070 faces a challenge. Its complex energy needs prevent leaving fossil fuel-based power generation behind. While renewable energy’s (RE) share is expected to grow to 68.4% by 2031-32, coal’s proportion of...
Deacons has recently brought onboard Gillian Lam, who joins from Baker McKenzie, as a partner to strengthen the firm’s capabilities in litigation and dispute resolution. Lam specialises in commercial litigation and international arbitration, such as disputes involving shareholders, trusts and...
Surge in equity disputes in China

Resolving the blame game

China’s recent surge of equity-related disputes reflects testing economic times – and the importance of swift, effective resolution. Sophie Cheng reports With China’s economic juggernaut straining to pivot under intensifying regulation, it is little surprise that capital market and financial investment...
China has been embracing a gradual increase in medical device registrations in recent years, prompting the country’s National Medical Products Administration (NMPA) to step up regulation and launch a public consultation on a draft law. The draft medical device administrative law...
Six firms have assisted on the INR24.47 billion (USD244 million) sale of shares in Vastu Housing Finance Corporation to a consortium of investors, including TA FDI Investors, Norwest, Creation Investments, 360 ONE entities and Prosus. IndusLaw acted for the sellers,...
Luthra and Luthra Law Offices India has advised the State Bank of India and a consortium of lenders on a INR71.63 billion (USD863 million) loan to Adani Hybrid Energy Jaisalmer Five. Partner Girish Rawat and partner-designate Varun Chauhan led the...
Shameek Chaudhuri, a former partner at Vritti Law Partners, has started a new firm Avyakta Law. “Avyakta Law aims at providing hands-on bespoke advice and solutions,” Chaudhuri told India Business Law Journal. “The vision of the firm is to provide customised...
Kaushik Mukherjee has joined IndusLaw as an equity partner in the capital markets practice and will be based out of the Mumbai office, along with his team. Mukherjee brings more than two decades of extensive experience across capital markets, public...
TMI Associates has broadened its European base with the opening of a Brussels office, advising Japanese companies in navigating EU regulations from competition to data protection laws. The announced expansion into Brussels by TMI, which is one of Japan’s largest...
Alternatives to Litigation for Banking Disputes

Financial aid

To resolve disputes and recover funds from loan defaults, bankers must choose paths other than litigation, writes ICICI Bank General Counsel Nilanjan Sinha. The Indian judicial system has been overwhelmed with a backlog of pending cases, many of which are...
The National Company Law Appellate Tribunal (NCLAT), in Sandeep Mittal v M/s ASREC (India) Ltd & Ors (2024), held that balance sale consideration in a sale agreement does not constitute a “financial debt” under section 5(8) of the Insolvency...
The Supreme Court has settled the issue of whether an extension of a mandate application under section 29A of the Arbitration and Conciliation Act, 1996, can be entertained after an arbitral award period has expired. This issue has produced contradictory...
Six firms — Norton Rose Fulbright, VILAF, YKVN, Kim & Chang, Bär & Karrer and Pinsent Masons — have advised on the USD521.5 million financing of PetroVietnam Power Corporation’s (PV Power) Nhon Trach 3 and 4 LNG-to-power projects. “What sets...
Tokyo International Law Office (TKI) has made Singapore its first global expansion destination with an imminent office opening, setting out to grow its core strengths in global dispute resolution as well as corporate and M&A. TKI, founded in 2019 by...
Mini Menon vandePol, partner and head of Baker McKenzie’s Asia-Pacific investigations, compliance and ethics group has been appointed as the new chair of the firm’s global India practice. She takes over from Ashok Lalwani, who held the position for 12...
Malaysian firm Zul Rafique & Partners has welcomed back Ainal Marlinda Md Said to its corporate real estate practice after more than two years. “We are seeing several significant shifts in Malaysia’s real estate market that are shaping new legal...
Anli Partners breaks into the North American market with the opening of its second overseas branch in Canada, which follows the first in Japan. The new office is led by senior partner Richard Xu, who has dual legal qualifications in...
DLA Piper has added Asia-focused fund finance capability with the hiring of international finance practice partner Soumitro Mukerji in Singapore, and the banking and finance lawyer joins from Mayer Brown where he also practised as a partner. Waranon Vanichprapa, Asia’s...
Baker McKenzie has brought onboard Melanie Harwood as a new construction partner in Brisbane, responding to the market’s growing demand. “The market has become more complex with the continued push into new sectors such as renewable energy and technology...
IBC Asset-Wise Resolution

Maximising value of asset sale during insolvency

By Sagar Dhawan and Ahkam Khan, Shardul Amarchand Mangaldas & Co
The objective of India’s corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC), is to ensure a company’s revival as a going concern. However, there may be situations where the sale of assets outside the...
Yoon & Yang has bolstered its regulatory advisory and multinational corporate consulting services with the hiring of partner-equivalent senior foreign attorney Adrian Bae, who was previously general counsel and area head of external affairs at British American Tobacco (BAT). “His...
Revised Merger Control Regime

Big nets have holes

With the recently updated merger control regime, the competition regulator will be able to tighten its net and examine significant deals that have previously slipped through. However, its resources may be strained by unforeseen loopholes. Freny Patel reports The...
Under recent competition law amendments, combination transactions exceeding INR20 billion (USD237 million) will require prior approval from the Competition Commission of India (CCI). The revision adds an additional level of scrutiny where previously transactions were judged on the size...
The Securities and Exchange Board of India (SEBI) released a circular on the performance evaluation parameters for market infrastructure institutions (MII). Law.asia spoke to Narayan Kedia, vice president legal of Sammaan Capital (formerly known as Indiabulls), to explain this...
Seladore Legal, a UK disputes-only law firm, has hired Singaporean international arbitration lawyer Liang-Ying Tan as a partner as it prepares for a planned Singapore office launch. “As we look to establish our presence in Singapore, Liang-Ying’s expertise and familiarity...
Nagashima Ohno & Tsunematsu, through its new UK outfit, has set out to build a pipeline of energy and environment-related work in Europe, with Japanese companies remaining active in those areas. The Tokyo-based law firm, one of the four largest...
Singapore-based firm Oon & Bazul has brought onboard Elan Krishna as a partner to address the increasing volume of cross-border disputes. “We are seeing a significant uptick of high-value, cross-border disputes both in the arbitration and litigation space in the...
After Eversheds Sutherland’s decision to close its Beijing office, its managing partner and head of corporate China, Jay Ze, has joined Stephenson Harwood. Ze is qualified as a solicitor in England and Wales, and specialises in cross-border M&A, restructuring, financing...
Jingtian & Gongcheng has added partner Benjamin Choi to the Hong Kong branch to boost its IP business in Asia. With 25 years of legal experience, Choi has become well-versed in the entire trademark application process across Hong Kong, the...
Eight law firms, including A&O Shearman, Haiwen & Partners and King & Wood Mallesons, have advised on the debut of Taiwan-headquartered container shipping company TS Lines on the HKSE mainboard, raising HKD1.049 billion. TS Lines appointed A&O Shearman as its...

Key imminent changes to BVI company law

By Peter Vas, Spencer West
The British Virgin Islands (BVI) government has introduced important amendments to the BVI Business Companies Act, 2004 (As Revised) that are contained in the BVI Business Companies (Amendment) Act, 2024 (the Amendment Act). These changes are designed to ensure the...
Global firm Jones Day has announced the addition of John Walker as a partner, supporting the firm’s cross-border and domestic tax practice in Australia. Walker brings to the team a 21-year tenure as a partner at Baker McKenzie. His practice...
Shihui Partners hires dispute resolution specialist Zhao Baao who will be based in Beijing. Zhao, hired as a partner, has a wealth of experience handling international commercial arbitration, civil and commercial litigation, as well as intellectual property cases. He has represented...
Korean lawyers, who gathered at the 10th Seoul ADR Festival, say the time is right for the country to realise its ambitions of becoming a recognised player in the region’s arbitration market, but the sector needs more support from...
Hyundai Motor India has appointed Amitabh Lal Das as chief legal officer in a move the company is making to gear up for growth.  “The predominant reason prompting my move from Bajaj Auto to Hyundai has been the nature, size...
South Korean law firms are witnessing a particularly active pipeline of work in the environmental and waste management space this year, with foreign and domestic private equity firms leading the investment drive, Asia Business Law Journal has learned.  “This uptick...
All assets being sold in liquidation cases will now be listed on a single centralised electronic platform, from 1 November 2024, the Insolvency and Bankruptcy Board of India (IBBI) has announced. This new platform will be available on a pilot...
Han Kun Law Offices has added partner Steve Lin to boost the firm’s capital markets capabilities.  Lin, previously a partner at Kirkland & Ellis, is a capital markets specialist who has been practising for 16 years.  He has bagged leading advisory...
Nagashima Ohno & Tsunematsu is scheduled to launch its first permanent European office in London, with a partner specialising in energy, real estate and environmental law set to head the new outfit.   The London office, which is slated to open...
Nishimura & Asahi has become the only one among Japan’s five largest law firms to launch a direct branch office in Hong Kong, mainly targeting Japanese corporations with subsidiaries or branches in Hong Kong. Ryuichi Sakamoto, a finance partner and...
Top industry risks and strategies

Sharing the load

An in-house counsel’s tasks may be highly diverse and closely tied to their own business and industry. But lately, with mounting regulatory pressure and geopolitical uncertainty, the community has found a sense of shared experience, writes Kevin Cheng The pace...
With development of society and the economy, demand for air transportation of pets is rising, leading to more related disputes. This article discusses the main aspects of resolving such disputes by analysing a case history of claiming air transport...

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