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The Reserve Bank of India (RBI) has unveiled a draft paper of proposed revisions to the guidelines for handling wilful defaulters. According to the bankers’ bank, the suggested changes encompass an expanded scope for regulated entities to classify borrowers as...
Nishimura & Asahi has welcomed Jason Jose Jiao as a partner, marking a significant addition as the first Philippine-qualified partner to join the firm’s Japan office. Jiao brings a wealth of experience in corporate and commercial law, specialising in cross-border...
Wintell & Co has opened in Shenzhen, the first branch since the firm’s merger with Gongcheng in October, with senior partner Luan Qiwen heading the new branch. Previously, Wintell & Co told China Business Law Journal that the new office...
Dentons Link Legal has assisted Educomp Solutions to secure approval from the National Company Law Tribunal (NCLT) for the resolution plan proposed by Ebix Singapore. Educomp Solutions is an edtech company that has been undergoing corporate insolvency resolution proceedings since...
White & Case and Herbert Smith Freehills (HSF) have assisted on MMG's acquisition of Cuprous Capital for USD1.88 billion, providing the China Minmetals subsidiary with operating rights to the Khoemacau copper mine in Botswana. The Khoemacau copper mine, ranking 10th...
Proportional capital reduction rulesvideo

Draft changes to proportional capital reduction rules

By LIANYUE LAW FIRM
  The Company Law (Third Review Draft), deliberated by the 5th session of the Standing Committee of the 14th National People’s Congress on 1 September 2023, for the first time adds a provision (article 224) stating: “A company shall reduce...
《公司法》修订草案下的股权转让

Equity transfers under revised company law

By Jenny Gu, Brightstone Lawyers
The much anticipated Company Law of China (Third Draft for Revision) was reviewed by the Standing Committee of the National People’s Congress and opened for public comment on 1 September 2023. This article focuses on the revision of equity transfer...

Reciprocal arrangement on mainland, HK judgments

By Chen Biao, Liang Gao Law Firm
With continual progress in developing the Greater Bay Area vision and increasing number of arbitration and civil and commercial litigation cases involving mainland China and the Hong Kong Special Administrative Region (HKSAR), several mutual agreements have been signed to...
The Ministry of Corporate Affairs has implemented significant changes through the Limited Liability Partnership (Third Amendment) Rules, 2023. Effective from the notification date of 27 October 2023, these amendments bring crucial alterations primarily  centred around the maintenance of a...
The Securities and Exchange Board of India (SEBI) has introduced amendments to its regulations for the issue and listing of debt securities. Key changes in the Securities and Exchange Board of India (Issue and Listing of Debt Securities) (Amendment) Regulations,...
The Reserve Bank of India (RBI) is introducing specific guidelines for information technology practices in banks and non-banking financial companies (NBFCs). The Reserve Bank of India (Information Technology Governance, Risk, Controls, and Assurance Practices) Directions, 2023, take effect from 1...
China unlocking data potential

Unleashing data

With China having established the National Data Administration, how should enterprises respond to the central government’s regulation of data? Ge Mengying, general counsel and data compliance officer of TalkingData, provides some answers WITH THE ESTABLISHMENT of the National Data Administration on...
In a bid to streamline real estate insolvency procedures, the government has unveiled a discussion paper about mitigating challenges encountered during corporate insolvency resolution processes (CIRPs). The discussion paper, released on 6 November 2023, delves into mandatory registration and extension...
A discussion paper on amendments to the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Process) Regulations, issued on 1 November, aims to improve the efficiency of executing resolution plans. The Insolvency and Bankruptcy Board of India...
Hai Run Law Firm has hired four partners Jiang Jiawei, Liu Min, Liu Qiong and Xu Jingyuan for its Beijing office. Jiang, who formerly practised at Polywell Law Firm, specialises in contentious and non-contentious areas of tax law and serves...
JunHe, Dacheng Law Offices, Scihead Law Firm, Paul Hastings and Jingtian & Gongcheng advised on SinoSynergy’s HKD1.56 billion (USD200 million) listing in Hong Kong. SinoSynergy issued 79.52 million H shares at HKD19.66 apiece in the listing. JunHe provided advice on Hong...
Juris Prime has opened a new office in Visakhapatnam in Andhra Pradesh as well as adding partners Satya Venkat Rao and Vivek Chaudhary who have corporate advisory and project finance expertise. “Vizag has been witnessing significant economic growth. The ongoing...
Shardul Amarchand Mangaldas & Co (SAM) has counselled Ring Plus Aqua Limited (RPAL) in the strategic acquisition of a 59.25% stake in Maini Precision Products Limited (MPPL) for INR6.82 billion (USD81 million). Partners Manav Nagaraj, Anuj Bhasme and KS Bhargava...
Baker McKenzie has assisted Victory Securities to become the first licensed corporation in Hong Kong to deliver virtual asset (VA) dealing services to retail clients after securing the Securities and Futures Commission’s (SFC) approval. Victory Securities, a subsidiary of Hong...
Anagram Partners has acted for Vedanta, India’s leading diversified natural resources powerhouse with a valuation of USD10 billion, on its recent restructuring initiative. The company executed a strategic demerger, which unfolded through a straightforward vertical split, resulting in the establishment...
Cyril Amarchand Mangaldas senior partner Shishir Vayttaden has published a new book, Kill the Lawyers, on his tales of corporate chicanery. Vayttaden’s earlier book was a non-fiction commentary on the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations 1997, which...
A new law enabling the mutual recognition of judgments in civil and commercial cases between the mainland and Hong Kong that will take effect on 29 January 2024 is expected to reduce the costs of repeated litigation in the...
Avirup Nag and his entire team have joined the projects and M&A practice at Saraf and Partners. Nag has 18 years of experience in infrastructure projects, M&A and investment initiatives, with a particular focus on energy-related matters. He was previously...
Baker McKenzie has achieved a groundbreaking milestone in facilitating the world’s first cross-border repo and natively issued digital bond on a public blockchain for DBS Bank, UBS AG and SBI as part of the Monetary Authority of Singapore’s Project...
Shook Lin & Bok has expanded its corporate real estate practice with the appointment of Kenneth Szeto and John Tan as partners, as well as hiring their team of associates and paralegals. Bringing a wealth of experience, Szeto and Tan...
Paras Joshi is now an associate partner at Triumvir Law and is expected to strengthen the firm’s international disputes practice. Prior to joining Triumvir, Joshi worked with various law firms, including Kochhar & Co and the chambers of senior advocate...
V&T Law Firm has hired five partners Zhang Congzhi, Dai Wei, Mao Kai, Wang Cheng and Yang Chao in Wuhan to bolster the real estate, construction and infrastructure sectors as well as the corporate and capital markets practice. Zhang, Dai,...
Gibson Dunn, Orrick and DeHeng Law Offices assisted in the Continent Pharmaceuticals (BJContinent) acquisition of Nasdaq-listed Catalyst Biosciences to achieve a backdoor listing, the first of its kind since China’s new overseas offering rules took effect in March. BJContinent, which...
East & Concord Partners has hired 21 partners this year, two of whom are managing partners Bill Li and Lin Zejun based in the Beijing and Shenzhen offices, respectively. Li, who is qualified in the fund industry and can represent...
Mishcon de Reya continues to expand its private client practice in Asia, with the appointment of Timothy Burns and Wei Zhang to support the firm’s US tax capabilities. The duo, recognised leaders in US tax within Asia’s wealth management community,...
Zhao Sheng Law Firm’s former managing partner Eric Liu has joined Haiwen & Partners to lift the cross-border M&A practice in the Beijing, Shanghai and Hong Kong offices. After practising at Linklaters from 2006 to 2017, Liu moved to Zhao...
Baijus Law Firm has established the Kunming office, marking its second branch outside of Sichuan and Chongqing after the Guiyang office. With this expansion, Baijus’s coverage extends to the whole of southwest China, excluding Tibet, and further taps into the...
Boss & Young Attorneys at Law has opened the Jiaxing office, its third branch in Zhejiang province, creating a robust service cluster in the Yangtze River Delta region with its Shanghai, Nanjing, Ningbo and Hangzhou branches. The new branch focuses...

Protection revolution

In an era defined by digital transformation, data has rightly been called the new oil of the global economy. Richa Relhan, in-house counsel at Max Life Insurance Company, explores the safety fencing that India is attempting to establish around...
Kennedys has strengthened its presence in Australia’s insurance landscape through the addition of Lucinda Lyons as a partner. The move is part of Kennedys’ ongoing strategic growth in the Asia-Pacific region. Lyons, who worked with Clyde & Co as a...
Haiwen & Partners has strengthened its global trade practice with the recruitment of Yuan Shuaiqi as an international partner in the firm’s Beijing office. Yuan, who formerly practised at Perkins Coie in the past 10 years, specialises in international trade...
insurance enticing prospect investorsvideo

Insurance is an enticing prospect for investors

By Swathi Girimaji and Sajeev Srivatsava, Bharucha & Partners
Despite the headwinds that reduced private equity (PE) and venture capital (VC) activity in India in the past year, the insurance sector has continued to attract interest from financial investors. One part of the growth story is the technology...
urgent interim reliefvideo

No room for camouflaged urgent interim relief

By Sonam Gupta and Shiva Pande, Bharucha & Partners
Section 12A of the Commercial Courts Act, 2015 (act), provides that no commercial case may be brought until the parties have attempted to resolve their dispute through pre-institution mediation in accordance with its associated rules. The only circumstance in...

Loading legaltech

How should law firms effectively harness legal technology? Is anything off the table? Vandana Chatlani reports Law firms are making serious investments in legal technology, lured by the promise of automated efficiency, higher billings and an escape from monotonous tasks. They...
The claimant, a legal person established in Hong Kong, and the respondent, a legal person in mainland China, entered into a sales contract in April 2019. The contract stipulated the respondent would purchase Mexican cotton from the claimant, with...
Practice and advice show courts are respecting the choices of contract parties when it comes to deposits – as long as there is a clear agreement on what the deposit is for. A deposit refers to the monetary payment made...
Dilemma-of-applying-punitive-damages-for-IP-rights

Dilemma of applying punitive damages for IP rights

By Li Shujuan and Ma Yuntao, Ronly & Tenwen Partners
Since the promulgation of the Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Intellectual Property Infringement Civil Cases on 3 March 2021, practice has produced further refinements. These refinements have touched on...
International arbitration v cross-border litigation

International arbitration v cross-border litigation: The pros and cons

By Hu Hongwei and Tan Shaoxuan, Dacheng Law Offices
While emerging as a vital force in the global economy in recent years, Chinese enterprises have in tandem faced ever-increasing cross-border commercial disputes. The choice of dispute resolution method consequently merits serious attention and, among those methods of settling international...

Data assets in corporate governance

By Liao Senlin, DOCVIT Law Firm
According to the Interim Provisions on Accounting Treatment Relating to Enterprises’ Data Resources, data resources used by businesses should be recognised as intangible assets if they meet the definition and recognition conditions in Accounting Standard for Business Enterprises No....
The Stock Exchange of Hong Kong (SEHK) has published a consultation paper on proposed amendments to listing rules that will introduce a new treasury share regime and optimise share buy-back programmes. A two-month consultation will conclude on 27 December...

Japan anti-bribery enforcement trends

By Kengo Nishigaki, Nobuhiro Matsuo, and Patrick Forman, GI&T Law Office
The gloves are off to keep the nation’s reputation spotless Japan is generally regarded as one of the least corrupt countries in the world. It was ranked 18th out of 180 countries in Transparency International’s corruption perceptions index 2022, making...
In the early 1990s India began to attract foreign direct investment (FDI) through economic liberalisation. A large and growing domestic market, favourable demographics, consistent growth, liberalised policies and improved ease of doing business combined to make India a popular...
Thailand’s top 100 lawyers 2023

Thailand’s top 100 lawyers

Miran Lim and Yen Nguyen report on the top legal experts who excel in navigating the evolving economic landscape and regulations in Thailand. View the A-List Thailand’s economic performance for 2023 is poised for disappointment as the growth forecast has been...
trademarks reversed NCLT Kolkota

Assignment of trademarks reversed by NCLT’s Kolkata bench

By Manisha Singh and Anvita Sharma, LexOrbis
The Trade Marks Act, 1999 (act) protects trade marks and safeguards the rights of proprietors, who invest time and money building a reputation. The aim is to prevent the fraudulent use and registration of trade marks by third parties....
Hong Kong’s Internal Revenue Department has modified its approach to issuing certificate of resident status (CoR) in the context of strengthened international tax co-operation and changing business environment. Application forms have also been revised. Under the new regime, the department...
Hong Kong’s Companies Registry has announced a unique business identifier (UBI) system for all entities under the administration of the Registrar of Companies. This is the second stage of introducing the system, which takes effect from 27 December 2023, and...
Philippine e-commerce protections

Philippine e-commerce protections

By Editha R Hechanova, Timothy J David and Allan V. Badillo, Hechanova & Co Inc
The Philippine economy has shifted up a gear as a growing middle class flexes its online buying power. Laws are being rolled out to protect this resource. Surveys show the pandemic gave a tremendous boost to online shopping in the...
Resolving foreign shareholder withdrawal

Resolving foreign shareholder withdrawal from Sino-foreign JVs

By Sun Shaosong and Niu Yue, Guantao Law Firm
Sino-foreign joint ventures (JVs), including equity JVs and contractual JVs, form a business collaboration of Chinese and foreign investors in corporate management. But as new disputes have recently emerged, the issue of whether and how to withdraw from JVs...
Jurisdictional conflicts in foreign-related litigation

Guideline clarifies conflicts of jurisdiction in cross-border litigation

By Guo Shuai and Xing Jingyu, Jincheng Tongda & Neal
Conflict of jurisdiction is a critical subject in foreign-related civil and commercial litigation, which can bring about parallel and repeated litigation across borders and directly affect the vital interests of litigants. One of the highlights in the 2023 amendment to...
China nominee loans risks

Risks and precautions for nominee loans

By Guang Zhenming, Joint-Win Partners
China’s existing laws and administrative regulations do not yet offer a specific definition of nominee loans. In this article, the term refers to loans obtained by actual users with the consent of nominee borrowers, using the nominees’ information to...
India's indirect taxes

The shifting sands of India’s indirect taxes

By Rajat Bose, Ankita Bhasin and Ankit Sachdeva, Shardul Amarchand Mangaldas & Co
Crackdowns, exemptions, reviews, and payment orders – India’s GST laws are pulling taxpayers in many directions at once. The goods and services tax (GST) has been a significant reform to India’s taxation system. The GST law aims to streamline and...
Fending off LNG trade risks

Fending off LNG trade risks with ‘back-to-back’ clauses

By Wang Jihong and Liang Danni, Zhong Lun Law Firm
Driven by frequent extreme weather, geopolitical crises and accelerated energy transformation of major countries, the uneven supply and demand pattern of natural gas has aggravated globally, with prices hitting record highs amidst wild fluctuations. To stabilise market position and secure...
掐尖并购的经营者集中申报问题

Alleviating antitrust risk in ‘killer acquisitions’

By Huang Wei and Gao Chang, Tian Yuan Law Firm
Although not monopolistic in the strictest sense, acquisition of startups or emerging players may likewise attract the wrong sort of attention from regulators So-called “killer acquisitions” – M&A deals that do not meet filing thresholds but do or may exclude...
Data law protects children

Flexible data law protects children from changing technology

By Ashima Obhan and Anubhav Chakravorty, Obhan & Associates
In August 2023, the Digital Personal Data Protection Act, 2023 (act), was passed into law. Before this, the collection, storage, usage, and other matters relating to personal data were regulated primarily by the Information Technology Act, 2000, read with...

Ensuring compliance at pharmaceutical academic conferences

By Wei Jie and Han Xiangli, Blossom & Credit Law Firm
In the medical industry, academic conferences are an important platform for sharing research and expertise, keeping up to speed with latest cutting edge developments and promoting advancement in pharmaceutical technology. The state strongly supports and encourages compliant academic conferences and...
German Trade Fair IP Protection

IP protection at international trade fairs in Germany

By Han Jing and Su Jianhua, Zhilin Law Firm
International trade fairs serve as an effective, direct and cost-efficient marketing avenue. Germany hosts nearly 70% of the world’s international trade fairs, underscoring its significant influence in the exhibition industry. This article discusses potential civil risks and remedies regarding...
Holman Fenwick Willan (HFW) continues its strategic expansion in Australia and across the Asia-Pacific with the addition of a corporate, projects, regulatory and restructuring team of 15 from MinterEllison, led by five partners. Partners Adam Handley, Matthew Knox and David...
Japan Law Firm Awards 2023

Japan Law Firm Awards

Asia Business Law Journal names the top firms in Japan. Miran Lim and Elverina Hidayati report Japan’s economy continues to recover moderately, supported by pent-up demand, even with the GDP shrinking at an annualised pace of 2.1% in the third quarter....
Poovayya & Co has advised Krishna Priya Estates and Micro Labs, both based in Bengaluru, in successfully securing a joint development agreement with Brigade Enterprises. The residential development from this agreement is expected to generate gross  sales of USD303 million. Partner...
Sidley Austin, Linklaters and Maples Group advised on the implementation of Sunac China’s USD10.2 billion offshore debt restructuring, representing the largest offshore transaction of its kind completed by a Chinese property group. The restructuring, which took effect on 20 November,...
Herbert Smith Freehills (HSF) and Fieldfisher have assisted on Hainan Mining’s acquisition of the mining and exploration rights of the Bougouni lithium project in Mali, West Africa. Hainan Mining, a subsidiary of Fosun International, made the acquisition via a USD117.75...

Strength in numbers

The alliances among associations dedicated to the growth and development of corporate counsel in Asia seem to have become a numbers game. So, is everyone on the same side? Freny Patel reports Just three months old and very much...
Japanese firm Miura & Partners will expand its reach into Vietnam with the Ho Chi Minh office opening in February 2024. The new office will support Miura’s initiative to strengthen its one-stop support capabilities. Collaborating with Japanese and Vietnamese lawyers,...

The green scheme

India's journey towards a sustainable and green energy future has taken a significant leap forward with its ambitious plans to become a global hub for the production of green hydrogen. Chandu Gopalakrishnan reports What is common among Reliance Industries, L&T...
Shailmanyu Singh has joined Anand and Anand as a partner designate in the IP and corporate practice. Singh, whose extensive legal career spans 24 years, initially commenced his career as a litigation counsel in the High Court of Punjab and...

Defining legal character, liability of online game platforms (Part I)

By Jeff Yang, Wang Jing & GH Law Firm
Online game platforms are channels for gaming products, providing internet sites for game publishers to operate games for access by game players. As platforms connect game operators and users, defining the boundaries of a platform’s legal responsibility is a pressing...
Key aspects of securities compliance

Legal risk: a three-step compliance strategy for listed companies

By Wang Weining and Li Kexuan, Starrise Law Firm
Amid the backdrop of ongoing regulatory reforms and an expanding capital market, the signals for stricter oversight continue to grow stronger. In this high-pressure environment, participants in the securities market are facing an increasing cost of non-compliance, and higher...
Trilegal has assisted Piramal Enterprises in its first public issuance of secured, rated, listed, redeemable non-convertible debentures (NCDs) valued at INR10 billion (USD120 million). Partners Bhakta Patnaik and Albin Thomas led the capital markets advisory team with the assistance of...
Saraf and Partners has established a new office in Hyderabad to solidify the firm’s presence in the region. Heading the Hyderabad office are partners Durga Bose Gandham and Altaf Fathima who have joined from DSK Legal. Mohit Saraf, founder and managing...
Former US ambassador to China and secretary of commerce Gary Locke has joined Dorsey as a senior adviser. During Barack Obama’s presidency, Locke served as US secretary of commerce, throughout which he spearheaded the creation of the “Select USA” programme...
Copyright Protection for Pop Music Arrangements

Can pop music arrangements be protected by copyright?

By Bai Xiaoyang, Wan Rui Law Firm
Arrangements play a pivotal role in modern pop music composition, significantly influencing a song’s expression, style and ambience. Even when the lyrics and melody remain the same – and are performed by the same singer – different arrangements can...
IP protection battles

Case studies: Fighting back the IP raiders

By Frank Liu, Shanghai Pacific Legal
As the business environment changes and companies face challenges in their development, rights holders may feel anxious about not being able to effectively protect their intellectual property (IP) rights. Big and small, there is the real danger of falling...
Han Kun Law Offices welcomes Karina Luo’s return to its Shanghai office in a boost to private equity practice. Luo specialises in the establishment of private equity funds and asset management, particularly in the segmentation of private fund interest transfers...
Rohit Sharma has taken up the role of legal counsel for South Asia at Becton Dickinson, a leading medical device manufacturing company, based in Gurgaon. Before his transition to this in-house role, Sharma was an associate partner at Economic Laws...
Sherina Petit has assumed the role of head of international arbitration at Stewarts as well as head of India, contributing to the firm’s global strategy. Petit will focus on India, Africa, the Middle East and Singapore in her new role....
Aditya Ganju, formerly a disputes partner at Khaitan & Co, has concluded his tenure with the firm to establish his independent counsel practice. His association with Khaitan began in 2013 and he was promoted as a partner in 2020. Prior to...
Joint-Win Partners has established the Nanchang and Zhengzhou offices within a month to complement the firm’s existing network of six branches in Jiangsu, Zhejiang and Jiangxi provinces, and Vietnam. Partner Li Shuanglin leads the Nanchang branch, which is Joint-Win’s second...
Securities and Futures Ordinance Hong Kong

HK updates Securities and Futures Ordinance

By Rossana Chu and Jacky Chan, LC Lawyers
In August 2023, Hong Kong’s Securities and Future Commission (SFC) announced it would proceed with amendments to the insider dealing provisions of the Securities and Futures Ordinance. The ordinance is the main piece of written law in Hong Kong regulating...
China proposal review

Proposal review: When shareholders and directors collide

By Wang Yuanyuan and Shi Cheng, Grandway Law Offices 
Growing discontent with corporate governance and subsequent demands for the removal of directors have become increasingly common in listing companies. In practice, the review of such proposals by entities like the board of directors has become a significant hurdle...
Regulating insurance company management

Regulating insurance company management of salespersons

By Yan Bing and Li Wencheng, AnJie Broad Law Firm
The management of insurance companies is, in essence, managing its people. Regulators certainly seem to agree, as evidenced by a series of regulatory documents issued by the general office of the now-abolished China Banking and Insurance Regulatory Commission (CBIRC),...
Gender-fair language in patent law

Gender-fair language in patent law – ‘they’ over ‘he’ and ‘she’

By Archana Shanker and Priya Singh, Anand and Anand
While communication and identity formation depend heavily on language, word choices frequently reflect unintentional gender stereotypes. Gender stereotyping is generally interwoven in language and becomes a defining factor in characterising men and women in different professions. Often we have seen,...
Regulatory policies transforming leasing industry

Recent regulatory policies transforming leasing industry

By Jonson Zhang, AllBright Law Offices 
Widespread interest within the financing and leasing sector has been sparked by revisions to the Measures on the Administration of Financial Leasing Companies, announced on 15 September 2023 by the National Administration of Financial Regulation (NAFR) under its 2023...
Fangda Partners, Wilson Sonsini, Maples Group, Davis Polk and Jingtian & Gongcheng advised Chinese medical research group WuXi XDC on a spin-off listing from Hong Kong-listed WuXi Biologics. XDC raised HKD3.68 billion (USD471 million) from the sale of 178 million...
Tilleke & Gibbins has advised Satang Corp’s sale of 97% of the crypto expert to Unita Capital, a wholly owned subsidiary of KasikornBank Public Company, for USD103 million. The transaction is the largest acquisition of a digital asset exchange operator...
Allen & Overy and Mayer Brown advised on Chinachem Group and ESR Group’s HKD8.8 billion (USD1.13 billion) joint loan, the largest green loan in Hong Kong this year. The five-year green loan will be used for the construction of the...
Hiways Law Firm has strengthened its Shanghai headquarters with the addition of senior partners Liu Xiaoli, Sun Li, Zhang Wei and Zhao Xibao and partner Wang Zhengfang, many of whom have served in the judiciary. Liu was a senior partner...
video

The clouds of Rainbow Papers roll away

By Karthik Somasundram, Bharucha & Partners
The Supreme Court’s judgment in State Tax Officer v Rainbow Papers Limited was widely criticised for disregarding the waterfall mechanism of the Insolvency and Bankruptcy Code, 2016 (IBC). This prioritises the claims of workmen, secured creditors, employees and unsecured financial creditors...
IBLJ AI-powered legal directory

IBLJ launches AI legal directory

By AI Bot
By AI Bot India Business Law Journal is thrilled to introduce a revolutionary tool ‒ the world’s first AI-powered legal directory ‒ that is set to transform the way in-house counsel and lawyers in private practice navigate the legal landscape. This...
Jersey foundations and trusts

A comparison of Jersey foundations and trusts

By Rachel Yao, Carey Olsen
With the enactment of the Foundations (Jersey) Law 2009, many high-net-worth families in Asia are looking for the best way to protect their long-term financial positions, with growing scrutiny on whether trusts or foundations are the way forward Since the...
Wintell & Co’s October merger with Gongcheng Law Firm in China’s northeast is merely the beginning of a national push to extend the reach of the newly combined entity beyond its Shanghai headquarters. “We’re not simply Shanghai looking favourably on...
Five law firms advise on Will Semiconductor’s USD445 million global depository receipts (GDR) offering on the SIX Swiss Exchange in the largest such outbound IPO in this sector from China since 2005. Kirkland & Ellis, led by capital markets partner...
Ruaridh Guy has joined Squire Patton Boggs (SPB) as a new partner in Hong Kong, strengthening the firm’s commodities and shipping industry group, along with associates Lauras Rambinas and Tina Wong. Guy’s addition supports the team in handling diverse matters,...
Baker McKenzie, Zhong Lun Law Firm, Linklaters and JunHe advised on Hong Kong-listed Yuexiu Property’s HKD8.36 billion (USD1.07 billion) rights issue in the first debut of its kind in Hong Kong since China’s new overseas offering rules took effect...
Jingsh will be the first Chinese law firm in North Korea once three new overseas offices are completed in Pyongyang, Seoul and Tokyo, which are expected to open in the first half of 2024. Instead of piling into the Southeast...
Christopher Osborne is a new partner at SCL Nishimura & Asahi in Thailand, bringing two decades of cross-border legal expertise to the firm. With qualifications in New South Wales and South Australia, Osborne has been serving both international and domestic...
Ropes & Gray has played a fundamental role in facilitating a deal where Bristol Myers Squibb (BMS) secures LianBio’s exclusive rights to develop and commercialise heart drug mavacamten for a one-time payment of USD350 million. The agreement also alleviates LianBio...
Asia Business Law Journal is seeking the help of in-house counsel and other business and legal professionals in Vietnam and around the world to identify the top private practice lawyers in Vietnam. Please click here to nominate the Vietnamese...
When India’s two largest multiplex chains – PVR and Inox Leisure – merged in March 2022, the antitrust watchdog was helpless. The blockbuster deal managed to sidestep regulatory scrutiny because the turnover fell below the notifiable threshold of INR10...
tax reform economy

Tax reform leads to a developed economy

By Mukesh Butani and Seema Kejriwal, BMR Legal
As India pursues its ambition of becoming a USD30 trillion economy by 2047, it needs to understand the different tax policies of developing and developed countries. New tax models must be adopted to achieve robust inclusive growth in an...
Technology transfers in India

Transfer of technology is a taxing matter

By Gautam Khurana and Abhishek Hans, India Law Offices
Technology transfers are important in developing markets such as India, which rely on manufacturing. Transfers are usually paid by royalties or licensing fees. However, transfers are sometimes treated as contributions towards capital in technology-based joint ventures. Permission to use or...
new data law shortcomings

Beyond the hype: Shortcomings of new data law

By Mathew Chacko, Aadya Misra and Ada Shaharbanu, Spice Route Legal
The Digital Personal Data Protection Act, 2023 (DPDPA), is expected to be implemented in the coming months. Businesses have begun to bring their data protection governance programmes into line with the legislation. However, a close reading of the law...
Cross-border M&A specialist Fu Duan has joined Haiwen & Partners and will be based in the Beijing and Hong Kong offices. Fu, previously a senior legal counsel at Alibaba Group and general counsel at Alibaba New Retail Fund, specialises in...
The Reserve Bank of India (RBI) has imposed INR120 million (USD1 million) and INR40 million in penalties on ICICI Bank and Kotak Mahindra Bank, respectively, for violating regulatory norms. The penalties were levied as part of the RBI’s ongoing...
In a move to regulate the rapidly growing field of financial influencers, the Securities Exchange Board of India (SEBI) has issued a consultation paper proposing restrictions on the association of SEBI-registered intermediaries and regulated entities with unregistered “finfluencers”. “In recent...
The government's appointment of three new commissioners on 19 September helped to resolve a quorum issue that had plagued the Competition Commission of India (CCI) after former chairman Ashok Kumar Gupta retired in late October 2022. The three new members...

Moving with purpose

What do stellar young lawyers talk about when they consider their career developments?  Pan Xinyi reports A professional career, much like running a marathon, places equal emphasis on the right strategy and unrelenting effort. During our preparations earlier this year...
cross-border fundraising foreign fundsvideo

Cross-border fundraising opens doors for foreign funds

By Zhang Kainan, Haiwen & Partners
Foreign private fund managers, including multinationals, hope to raise funds from inside China to facilitate synergy between domestic and international operations and offer “one-stop” customer services. This article addresses whether Chinese law permits foreign entities to raise private funds within...
The Insolvency and Bankruptcy Board of India (IBBI) on 18 September notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2023. This introduces a set of amendments to the regulations governing...
The government has amended the Aircraft Rules (1937) in a significant step towards enhancing safety, security and ease of doing business in the aviation sector. Officially notified in the Gazette on 10 October 2023, this amendment follows consultation with industry...
The Securities and Exchange Board of India (SEBI) has mandated the reporting of investor demise by market participants and introduced a centralised reporting mechanism through know your customer (KYC) registration agencies. The SEBI’s circular spells out operational norms for regulated...
The Union Cabinet has given the green light to the Green Energy Corridor project in Ladakh, a substantial move towards tapping the region’s renewable energy potential. Ladakh has exceptional solar and wind energy prospects due to its high altitude...
private fund industry new regulations

New regulations for private fund industry

By Zhu Xiaodong, Tian Yuan Law Firm
Private fund managers are being held liable for non-fulfilment of information disclosure and due diligence. Current judicial practice for determining whether such obligations have been adhered to is worthy of attention. On 9 July 2023, the Regulations on the Supervision...
Jia Yuan Law Offices has hired two partners Zhang Huihui and Fan Junqi in Shanghai to boost civil and commercial dispute resolution as well as the capital markets practice. Zhang, who formerly practised at King & Wood Mallesons and TianTong...
As a special form of commercial contract termination, partial rescission is a legal tool to protect the legitimate rights and interests of parties while ensuring stability of the transaction, providing a flexible solution for the contract to achieve the...
The most important legal document in bankruptcy and reorganisation proceedings is the reorganisation plan, and the adjustment to the interests of investors is one of its core steps. Although methods for adjusting investor equity may vary, equity transfer is...

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Philippine aviation fuel costs

Philippine aviation braces for Hormuz-driven fuel shocks

By Vanel Andrea Beltejar and Danielle Ibojos, Gargantiel and Associates
Japan-outbound-guide-2026

Japan outbound investment guide

Japanese corporates have been actively turning to the overseas M&A market for expanding their business and enhancing capital efficiency

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