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Reputation on the line in trade mark dilution

By Manisha Singh and Shivi Gupta, LexOrbis
With globalisation and rapidly evolving business trends, it has become critical for businesses to extend their intellectual property protection oversight beyond traditional practices. When it comes to trade marks, especially those that are famous or well-known, the principle of...
South Korean law firm Shin & Kim launches its sixth overseas office in Singapore to respond to the demand of Korean companies looking to establish a presence in the island country. “The importance of Singapore as a business hub in Southeast...
Watson Farley & Williams (WFW) opens its sixth Asian office in Tokyo after securing approval from the Japan Bar Association and the Ministry of Justice to operate as a gaikokuho kyodo jigyo horitsu jimusho (law office of foreign law joint enterprise). This status...
Not-so-stablecoins-L

Not so stablecoins

The US regulator has deemed Cryptocurrency Exchange Binance’s stablecoin to be an unregistered security in another blow to the digital asset world. Patrick Tan, of blockchain analytics firm Chainargos, explores the broader ramifications and relevant case law In February 2023,...
China Commercial Law Firm has set up its Hangzhou branch and expanded its overseas practice to Singapore, in addition to the offices opened in Shenyang, Qingdao and Yongzhou in the past two months. This expansion allows the firm to optimise...
K&L Gates rejuvenates its South Korean leadership naming Tyler Hong Shik Won as the Seoul office’s managing partner replacing Eric Yoon, who has been in the role since the opening in the country in 2012. Having practised in Washington, Won...
Payel Chatterjee has joined Trilegal as a partner in the dispute resolution practice in Mumbai with a core focus on white-collar crime, investigations and international arbitrations. Chatterjee has more than 13 years of experience in dispute resolution, international arbitration, litigation...
Saraf and Partners has seen significant changes with the addition of five senior partners and welcoming on board boutique real estate concern SRGR Law Offices. Saroj Kumar Jha and Ravi Bishnoi, who have close to three decades of experience, co-founded SRGR...
Rahul Mehta has joined ANM Global, and will be a part of its media and entertainment practice. Currently Mehta is the fourth partner in the media and entertainment team. The others are equity partner Anushree Rauta, who also heads the...
Neeraj Dubey, a former partner at Juris Corp, has launched his own firm, The Valid Points Law Offices, which will set up offices in Bengaluru, New Delhi, Gurugram and associate offices across India. Its focus will be corporate and commercial advisory and M&A offering legal, financial and...

Safety first

With regulation beefing up investor protection and expanding the disclosure requirements for listed companies, what review responsibilities do financial institutions bear as creditors of companies providing security for third parties? Li Xinyang, general manager, and Ye Qing, senior legal...
Energy, banks, insurance and tech-related businesses, will be the sectors driving Thailand’s M&A and financing activities in 2023, says DLA Piper’s newly minted country managing partner in Bangkok. DLA Piper appointed banking lawyer Waranon Vanichprapa as the sole country managing...
Singaporean veteran real estate lawyer Yeong Wai Cheong has returned to RHTLaw Asia after a nine- year stint at Drew Napier as a director. Previously, Yeong was at RHTLaw from 2011 to 2013, also as a partner. Dual-qualified in Singapore and...
K Venkata Ramana and Kamal Aggarwal have been inducted as partner and senior adviser to boost Singhania & Co’s corporate and indirect tax practice respectively. Ramana is a qualified insolvency professional and independent director and will be based out of the...
Reed Smith enlarged its Asian regulatory team with the hiring of Hong Kong-based partner Jill Wong. Wong previously served as a partner at Howse Williams, where she focused on banking and securities regulatory and compliance issues. She also has experience at...
Aarna Law promotes advocate Apoorva Guruprasad as head of the firm’s litigation practice. Guruprasad has more than 15 years of experience in civil and commercial litigation and has appeared before the Supreme Court of India, various high courts, district courts and tribunals. Guruprasad has also served in advisory and representational...
Akshay Jaitly, a co-founder and former partner of Trilegal who retired from the partnership in 2020 after relocating to France, has rejoined the firm as an equity partner in New Delhi. Jaitly had been with Trilegal for two decades and extensively assisted...
Financial regulation on loan contracts and businesses

Financial regulation for entrusted loan contracts and businesses

By Chen Zhuo and Qin Zhuan, Tian Yuan Law Firm
The January 2023 National Conference on Court Financial Trials reflected on signals that entrusted loans are regulated financial activities, not private lending contracts. Financial regulations may serve as an important basis for judging whether a contract violates ‘public order...
QFII application and relevant HK financial licencesvideo

HK financial licences a proven QFII path to foreign investors

By Zhang Kainan and Wang Qingjian, Haiwen & Partners
The QFII programme permits licensed international investors to trade on China’s stock exchanges and Hong Kong financial licences are popular for trading under the scheme With a goal to further open up the financial industry and attract overseas investors to China’s capital market, the...
Role APAC Legal Counsel, Funds - 16993/VTA Location Hong Kong, China Job Description Our client is one of the world’s most prestigious asset managers. It serves institutional investors such as sovereign wealth funds, central banks, pension funds and global corporations as well as high-net-worth...
Tricky communications with exiting executives

Tricky communications with exiting executives

By Shao Bo, Labour Consulting (LABOURS)
An exit interview is one of the trickiest aspects of labour management, and infinitely more complicated and delicate if involving a senior executive wielding significant power and influence within the company In 2021, the Shanghai First Intermediate People’s Court issued...
Legal risks of old work injuries

Legal risks of old work injuries to former workers

By Tim Meng, GoldenGate Lawyers
The work injury insurance system protects employees from physical injuries and economic burden, and employers from undue liabilities. However, in complicated cases, the system may have a hard time balancing interests The work injury insurance system, according to related regulations,...
Varun Mowar will take over as director and head of the investigations and governance advisory for DMD Advocates. Mowar’s career spans more than 20 years of forensic and compliance risk engagements in India, the US and other countries at Alvarez...
Japanese law firm TMI Associates has advised a group led by private equity firm Japan Industrial Partners to acquire Toshiba for JPY2 trillion (USD15.2 billion) in a take-private deal. TMI Associates was the main counsel and retained Davis Polk &...
Lan Tao and Gloria Wang, former partner and counsel at Sidley Austin, respectively, have joined Han Kun Law Offices to bolster the firm’s competitiveness in the energy and infrastructure sector. With 20 years of experience in cross-border M&A related to...
Partner Yuwen Hongyan, a specialist in litigation and arbitration of the wealth management sector, left King & Capital Law Firm to join Anli Partners. The Beijing-based partner is well-versed in civil and commercial litigation and arbitration, family business succession planning,...
Mining companies Vale Indonesia and China’s Zhejiang Huayou Cobalt agreed to partner with Ford Motor to develop a USD4.5 billion smelter plant in Indonesia’s Pomalaa Block to produce lower-cost nickel for electric vehicle batteries. Baker McKenzie and its Indonesian affiliate,...
Vietnam Prosperity Joint Stock Commercial Bank (VPBank) has entered into an agreement with Japan’s Sumitomo Mitsui Banking Corporation (SMBC) to issue a 15% equity stake through a private placement, welcoming SMBC as a foreign strategic investor. The investment will help...
Singapore, Vietnam and Indonesia are among Asean countries leading the charge to attract foreign investment as growing consumer markets and rising global trade tensions have seen businesses shift their eyes to Southeast Asia. Private equity and M&A specialist Steven Tran, a Singapore-based partner at Morrison Foerster,...
Reed Smith has appointed and relocated London-based energy lawyer Prajakt Samant as the new Asia-Pacific managing partner, succeeding commercial and international disputes specialist Kyri Evagora, based in Singapore. Evagora, who had been in the Asia-Pacific role since 2020, has relocated...
Mr Nawal Kishore Anand, the founding father of Anand and Anand and one of the first IP lawyers in India, died on 29 March. Mr Anand was a visionary who envisioned a strong IP regime decades ago when India’s...
Bosltering its global data privacy, cybersecurity and digital assets practice, Squire Patton Boggs has hired tech lawyer Charmian Aw as a partner in the Singapore office. Aw moved from Reed Smith, where she was a counsel for almost five years...
Singapore’s Rajah & Tann dispute resolution partners Danny Ong and Yam Wern-Jhien have left to establish their own boutique law firm Setia Law, specialising in dispute resolution, fraud and financial crimes, and debt restructuring and insolvency. Headquartered in Singapore, Ong...
Two Chinese A shares successfully launched global depositary receipts (GDRs) on the SIX Swiss Exchange within a week, advised by  Swiss law firm Advestra, Baker McKenzie, Linklaters, Jia Yuan Law Offices, Allen & Overy, Grandall Law Firm, and JC Master Law Offices. Smart manufacturing company...
Six firms assisted crypto miner Bitdeer Technologies Holding on its Nasdaq listing after closing a merger with blank cheque company Blue Safari Acquisition at a valuation of USD1.18 billion. Cooley and Travers Thorp Alberga served as legal counsel for Bitdeer, with partner Will...
Corporate lawyer Kuok Yew Chen at Christopher & Lee Ong has been appointed as the managing partner at the Malaysian law firm, succeeding Yon See Ting, who had served in the role since 2019. Kuok joined Christopher Lee & Co...
Milbank has hired restructuring specialist Nicholas Dunstone, who relocated from Hong Kong, as a partner in the financial restructuring group in Singapore. In Hong Kong, Dunstone worked as a partner at asset management firm Asia Research and Capital Management for...
Project finance lawyer and Seoul-based local partner at White & Case, Sarah Park, has moved to Singapore to join K&L Gates Straits Law as a partner in the corporate practice group. She joined White & Case as counsel in 2019...
Governing law clauses and dispute resolution clauses are often equally weighted during contract drafting. However, unlike litigation, which gives due attention to the protection of public interest, commercial arbitration respects the principle of privity both in terms of the...
Around 20 in-house lawyers attended an Indonesian Corporate Counsel Association (ICCA) seminar on 14 March in collaboration with GHP Law Firm titled “Corporate restructuring (M&A Holding Company): Parenting and GCG Group”. GHP partners Mohamad Kadri, Muhammad Karnova, and Yohanes Brilianto...
Various terminologies are used across different countries and institutions for dispute review. In the UK, the legal term is “adjudication”, while in the US and Canada, “dispute review board” or “dispute resolution board” are more common. The International Federation of...
Investor-state jurisdiction consent

Investor-state jurisdiction consent in international arbitration

By Yang Xueyu and Huang Zeyu, Hui Zhong Law Firm
Jurisdiction ratione voluntatis (consent of the state and the investor) of international investment tribunals indicates the consent of parties to arbitration on a specific scope of potential disputes. But many investor-state arbitration clauses provided under bilateral investment treaties (BITs) between...
The China National Intellectual Property Administration (CNIPA) rejected 482,000 bad faith trademark filings in 2021, and made further efforts in 2022. The CNIPA issued the Circular on Continuing to Severely Crack Down on Acts of Malicious Registration of Trademarks in...
China further improved the trade secret administrative protection mechanism in 2022. On 22 November 2022, the State Administration for Market Regulation (SAMR) released a draft amendment of the Anti-Unfair Competition Law (Bill of Amendment, Draft for Comment), in which: ...
Asia banking dominos

Who’s next?

The recent collapse of banks in the US such as Silicon Valley Bank and Signature Bank – and the forced acquisition by UBS of ailing Credit Suisse – has rocked the financial world. Although Asia has been less affected,...
Morrison Foerster has expanded its private equity and M&A operation in China with the hiring of partner Zhao Rongjing from Kirkland & Ellis. She has 15 years of experience in advising on cross-border transactions, including control deals and leveraged buyouts, mergers and acquisitions,...
Issues on institutional domestic and international commercial arbitration were discussed at a Federation of Indian Corporate Lawyers (FICL) event on 17 March. Hemant Gupta, former Supreme Court judge and the current chairperson of the India International Arbitration Centre in New...
The debut of 10 companies on the main boards on the SSE and SZSE kicked off a registration-based IPO system in China on 10 April. For information on this batch, check the following chart: !function(e,i,n,s){var t="InfogramEmbeds",d=e.getElementsByTagName("script");if(window&&window.initialized)window.process&&window.process();else if(!e.getElementById(n)){var o=e.createElement("script");o.async=1,o.id=n,o.src="https://e.infogram.com/js/dist/embed-loader-min.js",d.parentNode.insertBefore(o,d)}}(document,0,"infogram-async");
Three firms advised Ping An Insurance’s fintech arm Lufax on its HKEX debut by introduction, a way for a company already on another exchange to list without issuing new shares or fundraising within six months. Skadden advised Lufax on Hong Kong...
DeHeng Law Offices has expanded its global presence with the opening of a new office in Seoul this April, marking its 11th overseas branch. Led by partner Zhu Cuiying, the office offers legal services on Korean investment, litigation and arbitration,...
Two former AZB & Partners lawyers, Shameek Chaudhuri and Arvind Ramesh, have teamed up to start Vritti Law Partners, that will initially start operating from Mumbai. Chaudhuri, who was a senior partner, and Ramesh, who was a partner, have spent...
Inventive incentive

Inventive incentive

Stronger integration with the mainland while retaining common law attributes, along with creative structures, have anchored Hong Kong’s position as a unique venue for settling international commercial disputes, write Teresa Cheng and Edward Liu Global economic activity has grown exponentially...
commercial risks from LNG price fluctuations

Managing commercial risks from LNG price fluctuations

By Wang Jihong and Liang Danni, Zhong Lun Law Firm
The Russia-Ukraine conflict has exacerbated the global energy supply crisis and brought about structural changes in the natural gas market. Governments around the world, including in Europe, are prioritising the import of liquefied natural gas (LNG) and rapid construction...
Zhong Lun Law Firm is expanding its private equity and investment funds business in Shenzhen with the hiring of partner Wei Wei, who joins from JunZeJun Law Offices. Wei brings 10 years of experience in advising private equity investment and...
Baker McKenzie has bolstered its capital markets practice in Hong Kong with the addition of partner Chen Sheng, who previously practised at Clifford Chance. With specialisms in both equity and debt offerings pursuant to Regulations S and Rule 144A under...
AnJie Broad Law Firm has hired Wang Zhining and Zhao Mingqing as partners to strengthen the firm’s anti-monopoly and capital markets business. The Beijing-based Wang, who formerly practised at T&D Associates, has extensive experience in anti-monopoly and anti-unfair competition, especially...
Zhao Jian, formerly a vice president of the arbitration court at the China International Economic and Trade Arbitration Commission (CIETAC), has recently joined Zhong Lun Law Firm as a senior counsel in Beijing. He joined CIETAC in 1994, became vice...
women’s workplace law now in effect

Strengthened women’s workplace law now in effect

By Han Ying, Zhilin Law Firm
The Law on the Protection of Rights and Interests of Women was revised and passed by the Standing Committee of the National People’s Congress on 30 October 2022. It was implemented from 1 January 2023. CHANGES FOR EMPLOYERS (1) Clarification. Article 40...
burden of proof in method patent infringement

Shifting burden of proof in method patent infringement suits

By Chen Jian, Wan Rui Law Firm
A method patent is an invention patent for a craft or technical manufacturing process, as well as chemical, mechanical or craft methods, that are created for making a product. Proving an infringement has difficulties, as the manufacturing process of...
early IP strategies from long-term perspective

Viewing early IP strategies from a long-term perspective

By Frank Liu, Shanghai Pacific Legal
Companies that prioritise intellectual property (IP) protection and strategy are typically brand conscious with innovative products or services, brand recognition or ambitions for market influence. However, the growth and development of a company is a long-term process, which entails...

Selling NPAs: practices and systems for the financial sector

By Yao Xiaomin and Xue Yuan, Lantai Partners
The amount of non-performing assets (NPAs) has been increasing among banking financial institutions since 2014. From 2018 to 2022, the total scale of NPAs disposed of by China’s banking industry rose year after year, and amounted to RMB13.6 trillion...

Judging retirement

Are mandatory retirement ages for senior judges discriminatory? And are we pushing out our finest legal minds just as they hit their peaks of knowledge? Our regular columnist for sister publication China Business Law Journal, Andrew Godwin, explores the...
White & Case, Fangda Partners, Grandall Law Firm, T&C Law Firm and JunHe have advised various parties in two of Saudi oil giant Aramco’s latest oil projects in China. The projects include Saudi Aramco’s RMB24.6 billion (USD3.57 billion) acquisition of...
JunHe advised UK petrochemical titan Shell on PRC law when it developed an ethylene joint venture phase III project with oil giant China National Offshore Oil Corporation (CNOOC). Founding partner Xiao Wei and partners Catherine Miao and Bill Qin led...

Terminating labour contracts on grounds of detention

By Shaw Zhao and He Yanling, Jingtian & Gongcheng
Recent years have seen some employers terminate labour contracts on the grounds that the employees were detained. The basis of termination was cited as article 39.1.2 of the Labour Contract Law – “serious violation of the employer’s rules and...
Philippines universal healthcare law

Universal healthcare law opens financing opportunities in Philippines

By Charmaine Rose Haw-Lim, Dan Kevin Mandocdoc, and Ann Danzel Albana, Gulapa Law
The Philippines seeks to improve access to healthcare for those in need while providing business and investment in the sector The World Health Organisation (WHO) recognises that universal healthcare coverage is critical for realising good health outcomes for all. The...
Swarup Kumar has left his equity partnership at IP specialists Remfry & Sagar to set up his own firm Kumar & Sardana Associates in Gurugram. Kumar, an IP attorney with more than 20 years’ experience, will be the new firm’s...

Tips on paying year-end bonuses to departing employees

By Wu Kun and Pan Hao, Blossom & Credit
Labour disputes over year-end bonuses to departing employees are rampant. Companies often believe they fall within the scope of independent management rights and so can choose not to distribute year-end bonuses to departing employees. However, employees often believe that even...
risk classification of financial assets

New rules on risk classification of financial assets

By Wang Zhenxiang, Jingtian & Gongcheng
In response to significant changes in the asset structure of commercial banks, especially with a rapid rise in the proportion of non-credit assets, the China Banking and Insurance Regulatory Commission (CBIRC) announced the Measures on Risk Classification of Financial...

Domestic application and risk control of the Bolar exception

By Hu Qi and Gong Manyun, Grandway Law Offices
Flourishing development of the new drug research and development (R&D) industry and rapid growth of the generic drug market are driving business development of the front-end raw material market, providing high-quality and stable reagent products enhancing R&D efficiency. Given the...

Settling IP disputes through diverse resolution mechanisms

By Huang Zuoliang and Zheng Yanli, ETR Law Firm
The patent holder of a lock invention (client) has discovered that company A has produced a counterfeit patented product without obtaining authorisation or permission. The product was then handed over to company B for processing, and subsequently sold to...

Speed the best prescription for regulating e-pharmacies in India

By Essenese Obhan, Charul Yadav and Sapna Sharma, Obhan & Associates
It began with the large-scale supply of books. Now, with deep internet penetration and widespread digital access, most things can be bought online. Medicines and e-pharmacies are the latest area of e-commerce interest. E-pharmacies allow customers to buy medicines...
bombay high court upholds optionvideo

Bombay High Court upholds pre-2013 put options

By Sneha Jaisingh and Anshul Singh, Bharucha & Partners
Option clauses are often included in shareholders’ agreements to protect investors and provide exit opportunities. While put options give shareholders the right to sell securities, call options give them the right to buy securities. The Securities Contracts (Regulation) Act, 1956...
Vertices Partners co-founder Archana Khosla Burman will chair the Mumbai chapter of the FICCI Ladies Organisation (FLO) in 2023-24, the Federation of Indian Chamber of Commerce & Industry (FICCI) announced. The FLO promotes entrepreneurship and professional success among women, encouraging...
Sidley Austin, Kirkland & Ellis, Maples Group and Harneys advised parties on preliminary proposals for the restructuring of USD19.15 billion in offshore debt of  China Evergrande Group, the world’s most indebted real estate developer. Sidley Austin’s Hong Kong-based partners Gordon...
Sunac China sought advice from Sidley Austin and Linklaters on a USD10.2 billion offshore debt restructuring plan. Sidley Austin’s Hong Kong-based partners Christopher Cheng and Carrie Li, along with partner Jifree Cader in the London office, advised Sunac China. Linklaters acted as counsel to the...
stock options overseas-listed companies

Implementing employee stock options for overseas-listed companies

By Yao Ting and Ge Ge, AnJie & Broad Law Firm
In recent years, more and more Chinese enterprises, from startups to listed companies, have implemented stock-based incentive plans. A stock-based incentive plan reduces the liquidity burden of enterprises compared with a cash-based incentive plan. A community of shared interests is...
Taiwan’s emerging insurtech sector

Challenges navigating Taiwan’s emerging insurtech sector

By Eddie Hsiung and Maggie Chang, Lee and Li
The rise of new technologies and increasing demand for innovative products have provided the groundwork for the island’s insurtech sector to grow – and the regulator is catching up Driven by innovation through technologies, the value chain of Taiwan’s financial...

Shortfall undertaking is financial debt under IBC

By Aditya Vikram Dua and Parvathi Menon, SNG & Partners
In lending transactions, standard practice is to obtain shortfall undertakings, that is meeting any shortfall in the repayment of the underlying facility from holding companies of the borrower or financially strong companies in the group. The form of such undertakings...
Compliance obligations targeting telecoms

Compliance obligations in targeting telecoms, online fraud

By Ekin Zeng and Chen Yitao, AllBright Law Offices
Telecoms and online fraud have soared in recent years. Responding to this grim and complex trend, the Ministry of Public Security has launched various campaigns from 2021 to 2022, cracking down on 394,000 telecoms and online fraud cases, and...
india big tech regulation development

Developments in India’s big-tech regulation

By Modhulika Bose, P&A Law Offices
Big-tech regulation has gathered steam across the globe and India is no exception. While issues around data privacy and intermediary liability have long been a point of contention in this debate, active regulatory intervention in digital markets to ensure...
law holds agreements companies interests

Law holds companies to agreements including interest

By Pragya Ohri and Kanika Kumar, HSA Advocates
A claim for interest allows a party to recover a loss suffered by being deprived of the use of money, which is legitimately due. In India, the award of interest is primarily governed by section 34 of the Code...

Indian perspective on protecting children’s privacy

By Aadya Misra and Tanvi Chaturvedi, Spice Route Legal
As access to internet and technology is increasingly pervasive, children emerge as significant stakeholders in the digital economy. Unfortunately, existing and proposed legal frameworks are not designed to protect children’s interests and are even less effective in child data...

Junk charges buy you just nothing

By Bagmisikha Puhan and Alaqshendra Singh, TMT Law Practice
It has become the practice of consumers, in concluding their transactions, to ignore the fine print of supporting documents. Particularly in the online purchase of products and services, consumers overlook charges additional to the proper costs of those products...
Chatgpt data privacy

Data privacy in the age of ChatGPT

By Ashima Obhan and Seerat Bhutani, Obhan & Associates
OpenAI’s ChatGPT has attracted significant attention worldwide since its launch in November 2022. Similar artificial intelligence (AI) applications, such as Google’s Bard and Microsoft’s Bing have emerged as competitors. While these AI applications are disruptive technologies and have impressed...
India digital markets regulationvideo

Before not after regulation for digital markets

By Swathi Girimaj and Sachit Ram, Bharucha & Partners
Sustained interest from private equity and venture capital investors has led India to become the third largest global startup ecosystem, with over 100 unicorns. Its digital economy is projected to reach USD1 trillion by 2030. The proliferation of technology companies...
The Hangzhou office of Grandway Law Offices has hired Chen Xuyan, Yang Jie, Ni Jindan, Pan Junhui and Zhao Xun as partners, in an effort to bolster its local business. Chen and Pan were formerly senior partners at Zeda Law...
A quartet of partners, comprised of Nie Yanping and Wang Bei in Shanghai, Beijing-based Fan Qingdong, and Wang Yu handling issues in both cities, has joined Jingtian & Gongcheng to beef up its legal affairs. Wang Yu, who formerly served...
In the first few days of 2023, it had already been made clear that the year would again see an effort to resolve implicit debts of the government pushed forward, which will have a significant impact on the debt...

Making sense of the promoter conundrum

By Abhishek Guha and Jagriti Mohata, Shardul Amarchand Mangaldas & Co.
During recent discussions with book running lead managers and other advisers, the Securities and Exchange Board of India (SEBI) indicated that, in an initial public offering of equity shares (IPO), it would categorise founders with a stake of 10...
Challenges facing NEV industry under EU regime

Challenges facing NEV industry under EU carbon credits regime

By Summit Chen and Wang Wufei, Dentons China
As part of the EU’s efforts to reduce carbon emissions in response to the global climate crisis, the European Commission adopted Regulation (EU) 2019/631 (new passenger cars and new light commercial vehicles) and Regulation (EU) 2019/1242 (new heavy-duty vehicles). These...
real estate private investment fund guidelines

Analysis of real estate private investment fund guidelines

By Ronald Xu and Zhu Xiaoya, Guantao Law Firm
The China Securities Regulatory Commission (CSRC) recently announced a pilot scheme for real estate private investment funds. The Asset Management Association of China (AMAC) issued the Guidelines for Real Estate Private Investment Fund Pilot Filing (for Trial Implementation), which...
challenges facing platform operators

New challenges facing platform operators under safe harbour rule

By Chen Mingtao, Commerce & Finance Law Offices
The safe harbour regime centred around the “notify and delete” rule is one of the most basic and important mechanisms among internet laws and regulations. Notify and delete was initially applied in the domain of copyright law. On detecting...
continued growth in FDI Indiavideo

India benefits from continued growth in FDI

By Rohit Jain and Diviay Chadha, Singhania & Co.
Foreign Direct Investment (FDI) is an integral part of the Indian economy. Over the years, India has emerged as a popular destination for FDI owing to its huge domestic demand, the availability of natural resources and its favourable business...
Pre-deposit of 50% under section 18 of the Enforcement of Security Interest Act,2 (SARFAESI) is mandatory and cannot be waived in cases where the borrower challenges the action sale with respect to secured assets. In the recent case of M/s...
After delivering a pro-arbitration judgment in the case of NN Global Mercantile Pvt Ltd v M/s Indo Unique Flame Ltd and Ors, the Supreme Court referred the case to a constitution bench of the court to resolve conflicting decisions...
The Bombay High Court recently heard a petition under section 34 of the Arbitration and Conciliation Act, 1996. The question before the court was whether an arbitrator had the power to consolidate disputes arising from independent and distinct contracts...

ChatGPT and legal

With the rage that it has quickly become, what can we learn about ChatGPT and the legal profession? CoinDCX in-house counsel Shalini Saxena takes a look down the rabbit hole. Artificial intelligence tools cannot yet replace a human’s ability to...
global privacy law

Navigating global privacy laws: Best practices

By Sreenidhi Srinivasan and Mayank Takawane, Ikigai Law
With privacy laws in rapid development around the world, businesses with global ambitions must implement an effective data strategy and improve ‘data hygiene’ within their organisations More than 100 countries around the world have privacy laws, several with significant penalties...
Asia Business Law Journal names the country’s top law firms. Anindya Pithaloka and Lim Miran report T hings are looking up for Thailand, with the reopening of borders welcoming travellers back. With a fast-developing economy and strong business ties to the...
Himani Singh Sood joins HSA Advocates in Mumbai as a partner in the firm’s corporate and real estate practices. Sood’s forte is in the real estate sector, including corporate and transaction structuring. She has advised leading real estate developers, financial...
india online gaming regulation

The Test

While curbs and regulation of the burgeoning online gaming industry are necessary, has the government gone too far? Freny Patel reports. A deep dive into amendments to India’s 2021 information technology rules and recently proposed changes to the tax regime...
Lee & Ko has just appointed tax and corporate lawyer Ross Harman to partnership, making him the first English barrister to hold this position in a South Korean law firm. Harman moved to Seoul to join Lee & Ko in...
Around 100 in-house counsel met at the National Wine Centre of Australia in Adelaide to network, learn and share ideas at the ACC-organised South Australian In-House Counsel Day on 23 March. The Association of Corporate Counsel (ACC) Australia brought together...
reversing vidarbha for financial creditorsvideo

Reversing Vidarbha is good news for financial creditors

By Sudeshna Guha Roy and Samridhi Lodha, Bharucha & Partners
In July 2022 the Supreme Court, through its decision in Vidarbha Industries Power Limited v Axis Bank Limited, reversed the settled position on the initiation of the corporate insolvency resolution process (CIRP) for a corporate debtor that had defaulted on...
PE funds face challenges identifying beneficial ownersvideo

PE funds face challenges identifying beneficial owners

By Vandana Pai and Hardik Dave, Bharucha & Partners
The significant beneficial owner (SBO) regime in India was introduced by the Companies Act 2013 (act), the Prevention of Money Laundering Act, 2002 (PMLA act) and associated rules. The framework followed recommendations from the Financial Action Task Force (FATF)....
BRSR reporting proposals

BRSR reporting proposals

The Securities and Exchange Board of India (SEBI) has proposed strengthening regulations on environmental, social and governance disclosures by listed entities to enhance their credibility. In May 2021, SEBI named 1,000 listed companies to make ESG disclosures as per the...
The RBI is seeking public comment on a discussion paper on the Securitisation of Stressed Asset Framework (SSAF). The securitisation of non-performing assets (NPAs) has features that distinguish them from the securitisation of standard assets. The paper delineates broad...
India’s Office of the Controller General Patents, Designs and Trademarks, issued two notices to drive the disposal of IP disputes. The first notice deals with abandoning applications where the applicant has not responded to objections lodged by the Trade Marks...
The Ministry of Home Affairs has mandated the State Bank of India (SBI) to daily reporting on all details of overseas donors, including the purpose of remittances. In response, the Reserve Bank of India (RBI) announced changes to national electronic...
The government will add virtual assets to the Prevention of Money Laundering Act in a major step towards regulating the cryptocurrency market in India. A notice issued by the Ministry of Finance on 9 March 2023 was sent to all...
Draft rules for regulating common effluent treatment plants (CETP) were issued by the Ministry of Environment, Forest and Climate Change in January 2023. The rules seek to regulate the responsibilities of state governments and CETP managers in meeting wastewater standards...
The Ministry of Electronics and Information Technology has invited comments on a proposed amendment to the rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. It affects the obligations of social media and other...
Litigator Daniel Chia joins Prolegis, a Herbert Smith Freehills (HSF) alliance law firm in Singapore, as a director and head of litigation, and brings on board a trio of lawyers from his previous firm, Morgan Lewis.  In his new venture,...
Baker McKenzie advised Japanese financial holding company Nomura Holdings in completing the transfer of the entire stake of Nomura Asia Investment (Singapore) held in its Thai business, Capital Nomura Securities, to Thailand’s Bank of Ayudhya. Singapore law firm Baker McKenzie...
crypto Digital ownership tokens

Connect the DOTs

All the hype around crypto art raises concerns about fraud and counterfeiting in an unregulated market. NFT experts Joshua Chu and Julian So explain how digital ownership tokens shield the creator and owner from such threats As virtual assets...
Tiantai Law Firm has expanded its operations with the opening of a second branch in Fujian province, following the success of its Fuzhou office. The new Quanzhou office, led by partner Huang Yinyang, is staffed by more than 30 legal...
China Commercial Law Firm established back-to-back offices in Shenyang, Qingdao and Yongzhou to strengthen the firm’s presence in the northeast Asia economic circle, the northern coastal region and central China. Following the Changchun office, the Shenyang office is the second...
Nidhi Khadria, former director of legal at Matrix Partners joins Lex Consult to become the firm’s third partner. In her 19-year career, Khadria has worked at India’s leading law firms, including AZB and Trilegal, as well as head of legal...
As gatekeepers, what can general counsel do when management make poor decisions that cause harm to the business? Indrajit Basu reports. With growing scrutiny on business owners and founders to conduct business with integrity and transparency, sound decision-making is vital...

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