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Asia's healthcare sector has grown to an unprecedented size and perforated the digital world, but the integration between medicine and technology has posed many legal challenges, from data protection issues and intellectual property disputes to fraud investigations. CHINA INDIA JAPAN CHINA Online healthcare entered...
comparison of healthtech regulations japan

A comparison of healthtech regulations: Japan

By Kengo Nishigaki, Andrew Trost Griffin and Yuji Yamamoto, GI&T Law Office
CHINA INDIA JAPAN From first-hand experience of fraud investigations for pharmaceutical and medical device manufacturers operating in Japan, the authors highlight legal issues specific to healthcare companies that often arise, with precautionary advice for conducting such sensitive enquiries. INVESTIGATION PRECAUTIONS Investigating company emails does...
The Association of Corporate Counsel (ACC) has published its 2023 Chief Legal Officers Survey (CLO Survey) offering key insights into future legal department operations and priorities. Analysing data from 892 CLOs across 20 industries and 35 countries, this year’s survey...
More than 350 in-house counsel, partners and friends celebrated with winners of the Australian Corporate Lawyer Awards 2022 during a gala dinner in Brisbane in November 2022. The Association of Corporate Counsel (ACC) announced the winners at the 2022 In-house...
China healthtech regulations

A comparison of healthtech regulations: China

By Lang Yuanpeng, Zhang Lu and Shi Qing, Jingtian & Gongcheng
CHINA INDIA JAPAN Online healthcare entered a period of rapid development during the pandemic. The advance of digital technologies such as big data, cloud storage and artificial intelligence has greatly changed the provision of medical and health products and services, accelerating the...
comparison of healthtech regulations India

A comparison of healthtech regulations: India

By Safir Anand, Anand and Anand
CHINA INDIA JAPAN Intellectual property (IP) and intellectual capital (IC) drive companies to create jobs and market advantages, as well as propel innovation. Proper protection of IP rights for the ability to monetise and enforce eventual successful valuation are key goals in...
Effective from 16 December 2022, lawyers in Hong Kong are permitted to fund clients for whom they act in an arbitration by entering into outcome-related fee structures (ORFS), such as conditional and contingency fee arrangements. The new regime answers an...
compulsory liquidation procedures of funds

Procedure for compulsory liquidation of partnership PE funds

By Zhu Rui and Qin Yu, Grandway Law Offices
Compulsory liquidation is one of the most important ways for companies to exit the market and is an essential protection for creditors or shareholders of the company. This article focuses on the rules and procedures for the compulsory liquidation...
Fangda Partners has hired Shanghai-based Henry He and Guangzhou-based Judy Tan as partners to grow the firm’s biopharmaceutical and aircraft leasing business. Henry He, who was a board secretary and head of legal at CStone Pharmaceuticals, specialises in life sciences...
Christopher Manoharan and Ramasamy Santhanakrishnan have joined Kochhar & Co at its Chennai office as senior partner and partner, respectively. Manoharan specialises in corporate commercial transactions, venture capital and private equity transactions, joint ventures, trademark litigation and raid execution, large...
The first equal opportunity employment case in Guangdong province was concluded in 2022, with a judgment ordering the employer to pay compensation and apologise in writing to the employee. On 5 January 2019, a female employee joined a real estate...
NFT regulation in India

Bollywood buzzing over NFTs

By Pravin Anand, Dhruv Anand and Udita Patro, Anand and Anand
Non-fungible tokens (NFTs) are all the rage among Indian celebrities, but scepticism remains due to the legal ambiguity of the blockchain ecosystem NFTs lure with the prospect of big returns. Indian actor Amitabh Bachchan reportedly sold his NFT collection of...
Lexicon

Judges and retirement

RETIREMENT FROM WORK, or full-time work, is something that happens to everyone. For some people, retirement from the work that constitutes their main career in life is mandatory once they reach a certain age. This is the case with judges...
The newly amended Law on the Protection of the Rights and Interests of Women, adopted by the Standing Committee of the 13th National People’s Congress on 30 October 2022, came into effect on 1 January 2023. The law imposes...

Which lawsuit to remedy land use rights disputes?

By Chen Zhuo and Qin Zhuan, Tian Yuan Law Firm
When an administrative entity defaults on a land use rights transfer contract, the civil entity must choose to mount an administrative or civil lawsuit. This is not an easy decision, but one that requires careful study of local court...
Ramandeep Singh has joined IP law firm KAnalysis as a partner and the head of its global IP research department in New Delhi. Singh has a decade of experience in this field and was previously with Rucapillan IP where he...
Rishiraj Bhatt, formerly of Kanga & Co, has joined Cyril Amarchand Mangaldas as a partner in its real estate practice and will be based out of the Mumbai office. Bhatt, who was a partner at Kanga for nine years, has...
Alpha Partners has merged with Fox & Mandal and brought on board its entire team. Akshat Pande, the firm’s managing partner, has joined Fox & Mandal as a partner and head of the corporate practice. With the merger, the firm has...
Registration is open for the International Trademark Association’s (INTA) 2023 Annual Meeting Live+, featuring an in-person event at Singapore’s Sands Expo & Convention Centre on 16-20 May, followed by a virtual event on 27-29 June. With the theme of “The...
GHP Law Firm assists Indonesian state-owned electricity company, Perusahaan Listrik Negara (PLN), to conclude a major restructuring, involving the transfer of 21,352MW of power generation assets of around IDR330 trillion (USD21 billion) and forming four sub-holding companies. The establishment of...
Two lawyers are cautiously optimistic for red-chip companies seeking a US listing following news that the Public Company Accounting Oversight Board (PCAOB) can inspect China-based accounting firms for the first time in history. The news led to a positive response...
Role Junior Litigation Lawyer (2-3 PQE) - 16946/VTA Location Hong Kong, China Job Description We are instructed by an award-winning investment group which is looking to recruit a junior-level litigator for its highly regarded team in Hong Kong. This is a fantastic opportunity for...
Role Senior Compliance & Ethics Manager, Asia Location Singapore Job Description Excellent opportunity for a seasoned compliance professional to join a global leader in its field in Singapore. Our client is seeking a Senior Manager to provide support to strengthen the corporate compliance program...
With the Hong Kong government’s embrace of cryptocurrencies and attempts to include them in the regulatory system last year, its policy U-turn has injected increasing enquiries to local lawyers. A Hong Kong-based virtual asset specialist at Baker McKenzie, Joy Lam,...
Former Samvad Partners co-founder Siddharth Raja continues his entrepreneurial journey by merging his practices with Mumbai-based first-generation law firm, Vertices Partners. A self-proclaimed “serial entrepreneur in the legal startup world”, Raja merged his corporate and commercial law, mergers and acquisition,...
We have been reminded all too often in recent years that prosperity cannot be taken at face value, nor for granted, and nothing is truly “too big to fail”. Just because an engine has been running for a long...
On 1 January 2020, Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases came into force. This article examines how the definition of administrative agreements and the denial of their arbitrability will...
An arbitration clause is the cornerstone of arbitration. When valid, it is a prerequisite of smoothly conducted arbitral proceedings. However, defects in arbitration clauses are not uncommon in practice, frequently seen in day-to-day case management and inquiries by parties...

Tax deferral in designing equity incentive plans

By Sun Hongxin, Zhilin Law Firm
Tax risks in equity incentives have long been a concern, especially since tax deferral has a significant effect on equity incentives. Special attention should therefore be paid to the tax deferral policy when designing equity incentive plans. POLICY FOR DEFERRAL Effective...

Listed company reorganisations and frontier legal issues

By Xu Shengfeng, Zhong Lun Law Firm
Reorganisations of listed companies have long been held as a barometer for reorganisation policies. As such cases link the capital market to the bankruptcy system, they have received widespread attention. Since the implementation of the Enterprise Bankruptcy Law in...
Game changer for trade secret infringers

Article 32 a game changer for trade secret infringers

By Chen Zhixing and Lan Manfeng, AnJie Broad Law Firm
For a long time, it has been difficult to protect rights in trade secrets. But the burden of proof for rights holders is reduced with the addition of article 32 to the Anti-Unfair Competition Law 2019. This article examines...
Taking the plunge

Taking the plunge

Disruption brought by global uncertainty has pervaded the dynamics of the legal workforce, with lawyers across Asia rethinking a career outside the same old fish bowl. Freny Patel dives into the reasons behind this trend In his alarmist “great resignation”...
India Business Law Journal

Opening doors

In-house counsel groups lobby for change In the past two years, the in-house counsel community has been talking vocally about the need for statutory recognition for the profession. Industry groups, such as the General Counsel Association of India, have been...
The Hong Kong Securities and Futures Commission’s (SFC) “manager in charge” (MIC) regime, which aims to heighten senior management’s accountability within licensed corporations, came into effect in 2017. In a recent disciplinary action, the SFC reprimanded and fined a...
PRODUCT GOVERNANCE for financial products is an increasingly important area for banks and regulators. In part, this reflects the increasing complexity of financial products as a result of technological innovation (for a discussion of related issues in Lexicon, see...
Autonomy of will is the core logic of commercial arbitration. In other words, a valid arbitration agreement is a necessary prerequisite for arbitration institutions to have jurisdiction over property disputes between specific parties. Although some specific circumstances of “the expansion...
With China facing an ageing society, the Healthy China 2030 strategy is prioritising transforming outdated training and rehabilitation institutions into health and elderly care institutions. Guidance and support of this health care was first jointly issued in 2016 by the...
IP due diligence in M&A

Importance of intellectual property due diligence in M&A

By Frank Liu, Shanghai Pacific Legal
In a mergers and acquisitions (M&A) deal involving intellectual property (IP), due diligence is generally required to establish the IP status of the acquired entity and prevent potential risks. Although there is usually a regular checklist for IP due...
After more than 15 years at Japanese law firm Nagashima Ohno & Tsunematsu, Singapore-based partner Yutaka Sakashita has moved to Withers KhattarWong to lead the newly established Japan desk as a corporate partner. Withers KhattarWong is the Singapore office of...
JunHe kicks off the new year with the hiring of two partners to strengthen its insolvency restructuring and dispute resolution practices. Theo Bai, who had practised at King & Wood Mallesons for more than 10 years, joined the firm’s Beijing...
Project finance lawyer Jon Ornolfsson has left Morrison & Foerster, where he was a partner for more than three years and split his time between the Singapore and Tokyo offices, to join the Tokyo office of Baker McKenzie. Ornolfsson will...

The A-List 2022-23

Based on an extensive survey of in-house counsel and international legal professionals, we reveal India’s most recommended lawyers. Chandu Gopalakrishnan reports Access the A-List 2022-23 There is nothing more satisfying than becoming a lawyer if you want to witness and initiate...
After more than four years as a partner and head of the Hong Kong office at Lewis Silkin, international employment lawyer Kathryn Weaver has decided to move to Seyfarth Shaw. Weaver will be a partner and head of Seyfarth Shaw’s...
Phase two of the new inspection regime of the Companies Registry has come into effect from 24 October 2022, allowing Hong Kong companies to limit disclosure to the public regarding certain personal information of their directors and secretaries. KEY CHANGES Under...
Japanese firm Nishimura & Asahi through its Singaporean arm has established a strategic alliance with Malaysian counterpart, WM Leong & Co, to strengthen its presence in Southeast Asia. The new alliance would allow Nishimura & Asahi (Singapore) to access a...
Linklaters has hired financial regulatory lawyer from Ashurst Evan Lam as a partner in the firm’s financial regulation and structured finance and derivatives practices in Singapore. He had been a partner and head of the Singapore financial regulation practice at...
K&L Gates Straits Law, the Singapore office of K&L Gates, has strengthened its litigation and dispute resolution practice with the hiring of Joan Lim-Casanova as a partner. She left Cavenagh Law, which has a formal alliance with Clifford Chance in...
Singapore-based capital markets lawyer Robson Lee, previously a global equity partner at Gibson Dunn & Crutcher for more than seven years, has joined Kennedys as a partner in corporate and commercial practice. Lee has nearly 30 years of experience in...
Following an extensive nomination process, Asia Business Law Journal unveils the top performers of Vietnam’s legal profession, Lim Miran and Nguyen Yen report View the A-List Amid the global slowdown and recession, Vietnam’s upbeat economy is heading down a different path....
Link Legal advised Howen International Fund SPC in its pre-series A investment in ReadyAssist, a deal worth USD5 million. Link Legal conducted legal due diligence, drafting, negotiating and finalising the transaction documents, and provided legal assistance throughout and in closing...
DSK Legal advised and represented the Maharasthra chapter of the Confederation of Real Estate Developers’ Association (CREDAI-MCHI) before the Supreme Court in the matter of Godavarman Thirumulpad v Union of India & Ors, gaining clarification on an earlier June...
Khaitan & Co advised Britannia Industries on its joint venture agreement with French cheese maker Bel. Bel was advised by Dua Associates and will acquire a 49% stake in Britannia Dairy Private Limited (BDPL). The core team representing Khaitan &...
Cyril Amarchand Mangaldas (CAM) advised Continental Automotive Components (India) on the acquisition of Southgate Tech Park in Electronic City, Bengaluru, representing the largest buyout deal of ready commercial assets in 2022. CAM’s real estate practice group advised Continental Automotive Components...
Delhi High Court has issued an interim injunction prohibiting individuals or entities from violating the publicity and personality rights of renowned Hindi film actor Amitabh Bachchan. The single-judge bench of Navin Chawla granted an ad interim ex parte injunction in...
dividing patent applications

Dividing patent applications – a strategic approach

By Manisha Singh and Virender Singh, LexOrbis
The law on dividing patent applications continually evolves. Applicants therefore face dilemmas whether and when to file dividing patent applications. Dividing or divisional patent applications are subject to sections 16, 10(5) and 7(1) of the Patents Act, 1970. A divisional...
Hong Kong authorities offering Asia’s largest environmental, social and corporate governance (ESG) bonds to date tapped Allen & Overy’s advice from leading partners Agnes Tsang, Jaclyn Yeap and Alexander Stathopoulos. The city’s government raised a total of USD5.75 billion via...
T&C Law Firm, Jincheng Tongda & Neal and Yuan Tai Law Offices advised parties involved in the first biomedical industrial park real estate investment trust (REIT) listing in China, raising RMB1.404 billion (USD210 million). China Asset Management (ChinaAMC) and Heda...
Jia Yuan Law Offices and Commerce & Finance Law Offices advised Air China and China Eastern Airlines, respectively, in the two carriers’ RMB30 billion (USD4.46 billion) private placement of shares. Partners Shi Zhenjian and Li Li led the Jia Yuan...
Two powerhouses, Kingson and J&J, have merged to establish a new law firm in Guangdong, retaining its English name of J&J Law Firm. Founded in March 1994, Kingson Law Firm was one of the earliest partnership law firms to open...
Going the distance, Yiru Sun

Going the distance

Yiru Sun, the new senior partner of Hylands Law Firm, shares unique insights from her years of practice, research results and future plans to continue developing in the capital markets field. Q1: Ms Sun, you have been deeply involved in...
Tess Lumsdaine joins Baker McKenzie’s Hong Kong office as a partner, strengthening the firm’s capabilities in employment and regulatory compliance issues. Lumsdaine is well versed in all aspects of employment, including contentious matters such as contractual disputes, restraint litigation, safety...
Sidley Austin, Maples Group and Kirkland & Ellis assisted in the restructuring of Modern Land’s USD1.34 billion in overseas senior notes, paving the way for the cancellation of debt and the issuance of new notes. The restructuring of Modern Land’s...
Hong Kong’s Legislative Council (Legco) passed the long overdue Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill on 26 October 2022, implementing the agreement between the Supreme People’s Court (SPC) of mainland China and the Hong Kong...
The claimant was an international medical service provider registered in the Isle of Man, and the respondent was a professional supplier of medical materials registered in mainland China. In the spring of 2020, at the peak of the global...
Indonesian litigator Hillman Sembiring has joined Oentoeng Suria & Partners, an associated office of Ashurst in Jakarta, as a partner in the dispute resolution practice. Sembiring joins from his own firm Hillman Sembiring Advocates, which he established in 2016 after...
India Business Law Journal is requesting nominations for the 2023 Indian Law Firm Awards, the results of which will be announced in April. CLICK HERE to make your nominations now.  The deadline for making nominations is 28 February 2023. We are requesting...
Morrison Foerster has hired a corporate lawyer and private equity specialist Steven Tran as a partner in its private equity and M&A groups in Singapore. Tran moved from Hong Kong where he was a partner at Mayer Brown for almost...
The Thai capital markets team at American concern Hunton Andrews Kurth, led by Yaowarote Klinboon, has made a fresh start this year in moving to regional law firm Tilleke & Gibbins in Bangkok. Klinboon joins the new firm as a...
Third-party electronic notary platforms

Role of third-party electronic notary platforms in preserving evidence

By Chen Xue’er, Guangzhou Business School Law School, and Jeffrey Quan, ETR Law Firm
With the accelerated innovation of intelligent and interconnected information technology and the digital economy’s speedy development, many online disputes are resolved through online arbitration. The importance of electronic evidence in online arbitration cannot be overstated, with the evidence preservation...
Cybersquatters risks in India

Cybersquatters riskier to handle, harder to punish

By Manisha Singh and Akanksha Kar, LexOrbis
In the recent case of Adobe Inc v Namase Patel and Ors, the Delhi High Court imposed hefty penalties in a cybersquatting case brought against a repeat offender. In awarding the full damages of INR20 million (USD242,000) claimed by...
Suing AI in India

Suing AI will need better human law

By Sumathi Chandrashekaran and Essenese Obhan, Obhan and Associates
It has been only a few weeks since being released into the wild, but ChatGPT is the latest cool topic. This chatbot comes only months after the release of DALL-E, a product from the same company, OpenAI. DALL-E is...
IBC valuationsvideo

IBC valuations may spike with proceeds of avoidable transactions

By Karthik Somasundram and Khyati Mehrotra, Bharucha & Partners
Insolvency and Bankruptcy Board of India (IBBI) data shows that, as of September 2022, creditors had realised INR2.43 trillion (USD29.97 billion) of the INR7.19 trillion claimed through the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code,...
tech companies issuing DR sharesvideo

Tech companies favoured in issue of DR shares

By Swathi Girimaji and Varsha Singh, Bharucha & Partners
The principle of one share, one vote was the gold standard of corporate governance in the 20th century. However, more elaborate capital structures, involving shares with differential rights, have gained global popularity over the years. These arrangements enable shareholders...
In-house counsel turn-offs with law firmsvideo

The hit list

Have you ever wondered why your clients prefer your law firm over others? Or perhaps what they particularly dislike about your own legal services? Our survey gauges the opinions of in-house counsel on their pet peeves with law firms,...

Success stress

Guangdong’s legal market is robust, diverse and sitting pretty for future growth, but there remain crucial challenges, writes Winny Zhang Guangdong’s law firms are feeling the strain of success. More lawyers have been hired as demand for legal services remains...
India takeover code

Poison pills give immunity from hostile takeovers

By Soumya De Mallik and Prithviraj Chauhan, HSA Advocates
While the term takeover is not formally defined, the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (takeover code), defines acquisition as “directly or indirectly, acquiring or agreeing to acquire shares or voting rights in, or control over,...
video

Employees may soon get better privacy protection

By Mathew Chacko and Aadya Misra, Spice Route Legal
Employers inevitably process large amounts of personal and sensitive information about employees. While most data are collected for standard business purposes, such as payroll and the provision of insurance, the pandemic has seen a rise in the use by...
Mergers and acquisitions expert Fang Xin joins the Hong Kong office of DLA Piper as a partner in its corporate practice. Fang, who previously practised at Mayer Brown, specialises in advising on cross-border M&A, joint ventures and private equity transactions...
Two China joint operation firms linked with Allen & Overy and Linklaters have hired partners Vivian Cao and Ellen Zhang, respectively. Cao, who is qualified to practice in China and New York state, joined Lang Yue Law Firm, the China...
Allen & Overy has strengthened its fund and asset management practice in the Asia-Pacific region with the hire of partner Daisy Qi to the Shanghai office. Qi specialises in the business of international and domestic fund establishment and operation, asset...
video

High five

From creating a manga version of patent examination guidelines to easing applications without a patent attorney, the heads of five major IP offices share their strategies to spur innovation while fostering collaboration The World Intellectual Property Organisation’s (WIPO) report in...
Kirkland & Ellis, Jingtian & Gongcheng and Conyers Dill & Pearman were among seven firms advising on the Hong Kong Stock Exchange listing of Super Hi International, a spin-off of Haidilao’s global restaurant business. Super Hi International’s listing is by...
Merits & Tree Law Offices hires Li Zheng, Zhang Yong and Zheng Yan as business partners to enhance several practice areas, while Pan Yang also joins as a partner to help manage the firm. Li, Zhang and Zheng’s expertise will...
Tax relief financial institutions

Tax relief for financial institutions in disposal of non-performing asset claims

By Wang Zhenxiang, Jingtian & Gongcheng
On 30 September 2022, the Ministry of Finance (MOF) and the State Taxation Administration (STA) issued the announcement No. 31 of 2022, which provides for VAT, stamp duty, deed tax, real property tax and urban land use tax when...
Baker McKenzie FenXun and Han Kun Law Offices advised parties in issuing China’s first private enterprise warehousing logistics real estate investment trust (REIT). JD.com’s storage infrastructure REIT managed by Harvest Fund, Harvest JD Storage Infrastructure REIT, was issued on the...
Three new lawyers – Lu Qunwei, Ricky Zhou and Wang Feng – have joined Zhong Lun Law Firm to bolster services in its Beijing and Chengdu offices. Lu and Zhou joined as partners to strengthen the capabilities of the capital...
Netflix India’s former director and counsel Priyanka Chaudhari is launching her independent practice after achieving “great success” in defending the American streaming service and its content in courts, regulatory forums and investigations. Christened as Priyanka Chaudhari & Associates (PCA), her...
Role: Member, Administrative Tribunal; Location: Manila, Philippines. - The Asian Development Bank (ADB) is seeking nominations for a Member of the Asian Development Bank Administrative Tribunal (ADBAT). The...
Using disposal of non-performing assets method to resolve problems in claims recourse

Using disposal of non-performing assets method to resolve problems in claims recourse

By Chen Zhuo and Wang Hao, Tian Yuan Law Firm
As businesses focus on recouping debts, creditors can turn to the approach applied to disposing of non-performing assets to efficiently resolve defaults In recent years, due to the macroeconomic situation and other reasons, many enterprises have gradually changed their business...

Reforming Japan’s ‘spinach rule’ for today’s VUCA market

By Zhao Rong, Labour Consulting (LABOURS)
Today’s volatile market is a trial by fire for traditional Japanese companies, plagued by snail-paced internal communication and decision making. It’s no surprise that many are calling for reform The term “VUCA” is an acronym for “volatility”, “uncertainty”, “complexity” and...
resignation of lawyers

Jumping ship

Disruption fuelled by global uncertainty has pervaded the dynamics of the legal workforce, with lawyers across Asia not hesitating to seek out new positions. Freny Patel dives into the reasons behind this trend In his alarmist “great resignation” speech in...
How to amicably terminate a pharmaceutical BD project

How to amicably terminate a pharmaceutical BD project

By Aaron Gu and Zhu Min, Han Kun Law Offices
Macroeconomic hardships are challenging the prospects of business development projects in the pharmaceutical industry. In these uncertain times, sound preparation for exit or bankruptcy is the sign of a good sense of responsibility In the pharmaceutical industry, business development (BD)...
Transforming S&T achievements

Transforming S&T achievements into companies for domestic listing

By Wang Yan and Zhao Lihua, Grandway Law Offices
With continual improvement of laws, regulations and relevant supporting policies in recent years, enterprises are increasingly joining hands with universities and research institutes to transform science and technology (S&T) breakthroughs and achievements into companies for a domestic stock market...
Waive rights in standard terms

Beware of expressions of intent to “waive rights” in standard terms

By Zhao Dongxu, Leaqual Law Firm
In business dealings, there will usually be a stronger and a weaker party based on their different positions in the transaction, with the former in the driver’s seat. Accordingly, the weaker party must beware of any expressions of intent...
Three law firms advised automotive technology company ECARX on its Nasdaq listing via a merger with US special purpose acquisition company (SPAC) COVA Acquisition Corp, valued at around USD3.82 billion. Maples Group advised ECARX on Cayman Islands law, Skadden advised...
DaHui Lawyers hired three partners, Dai Yi, Reking Chen and Chen Yun, to strengthen its dispute resolution and intellectual property capabilities. Dai’s practice, whose focus is on foreign-related commercial disputes, is experienced at handling related businesses in arbitration, litigation and...

Effectively exercising bill bearer rights in recourse disputes

By Wang Zhengqian, Tiantai Law Firm
Repetitive funding crunches and an “explosion of bombs” in the real estate industry have resulted in a large number of upstream and downstream enterprises becoming unable to honour their electronic commercial acceptance bills (e-Bills). According to the Negotiable Instruments Law...
The Bombay High Court has held that as a general proposition of law, in the case of the sale of an immovable property, there is no assumption as to time being the essence of the contract. However, if parties...
The world of commercial transactions contains numerous unique intricacies, many of which are yet to be statutorily regulated. More particularly, the principle laid down in Section 141 of the Negotiable Instruments Act, 1881 (NI Act), is susceptible to abuse...
Wealth management trust new regulation

New regulation for wealth management trust business

By Ouyang Fangfei and Wu Xinghan, Merits & Tree Law Offices
The Notice on Matters Concerning the Adjustment of the Classification of Trust Business has been sent to trust companies, classifying trust business into three categories (asset management trust, asset service trust and public benefit/charitable trust) from three dimensions including...
Risks of dormant shareholders

Analysing the risks of dormant shareholders investing in companies

By Yu Hong, DOCVIT Law Firm
Determining a civil party’s qualification as a shareholder is the primary consideration of the courts in China and a definitive factor when disputes arise over capital contributions, the exercise of shareholders’ rights, equity transfers and resolutions of the shareholders’...
Foreseeability principle in patent infringement cases

Application of the foreseeability principle in patent infringement litigation

By Chen Jian, Sanyou Intellectual Property Agency
In June 2022, the Supreme People’s Court again applied the foreseeability principle in Hongrun Precision Instruments v Tangkula Instruments et al (2021) to deny the patentee’s claim of equivalent infringement. This is despite the foreseeability principle not being explicitly provided for...
Civil monopoly cases updated interpretations

SPC’s key updated judicial interpretations on trial of civil monopoly cases

By Ryan Fang and Simon Shi, Jingtian & Gongcheng
Responding to several hotly debated issues in civil monopoly disputes, the Supreme People’s Court (SPC) has issued new Provisions on Several Issues concerning the Application of Law in the Trial of Civil Monopoly Disputes (Draft for Comment). In this article,...
Multilateral convention tax treaties

Focus on multilateral convention to implement tax treaties

By Apollo Xiao and Shaji Ravendran, AllBright Law Offices
On 25 May 2022, China deposited an instrument of ratification with the Organisation for Economic Co-operation and Development (OECD) about the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI), which took...
HKEX delisting framework

Introduction to delisting framework under HKEX rules

By Li Fai, LC Lawyers
The pandemic has significantly impacted the economy, making it increasingly difficult for businesses, particularly listed companies, to thrive under current circumstances. As of 31 July, a total of 26 company listings were cancelled in 2022, pursuant to delisting procedures...
DLA Piper advised international luxury conglomerate Lanvin Group in its New York Stock Exchange listing via a de-SPAC merger with a special purpose acquisition company (SPAC) under Primavera Capital valued at USD1 billion. The de-SPAC merger between NYSE-listed Primavera Capital...
China Business Law Journal is now conducting extensive research for the annual China Business Law Awards, which will be presented to the best Chinese and international law firms for the China market. The second stage, dedicated to faithfully reflecting...
Algeria new Investment Law

Overview of bright spots in Algeria’s new Investment Law

By Wang Jihong and Wu Peng, Zhong Lun Law Firm
Algeria’s new Investment Law, promulgated in July 2022, provides a series of measures to encourage investment with the aim of spurring the development of Algeria’s high value-added industries, promoting technology transfer, boosting the creation of long-term stable employment opportunities...
HR compliance self-inspection

How enterprises should conduct HR compliance self-inspection

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
Thorough compliance self-inspection across all aspects of labour management is an effective way for employers to identify any non-compliance, enabling them to formulate plans of improvement, remedy legal hazards and minimise labour disputes. Based on first-hand experience in such operations,...
Insurance policy practical issues

Practical issues over insurance policy pledges

By Yao Xiaomin and Cai Min, Lantai Partners
Long-term life insurance contracts can be pledged for financing for their cash value. At present, the policy pledge business is mainly undertaken by insurance companies or through bank-insurance co-operation, but the rules on pledging are scattered over a limited...
video

The A-List 2022

The market has spoken. After thorough editorial survey and research, China Business Law Journal presents the elite lawyers in China’s legal market. Kevin Cheng reports Access The A-List 2022 It has been an unusual year in many unusual ways. For some,...
India Business Law Journal

Caught in the crosshairs

Fierce campaign to tame online space The digital sphere has been firmly in the sights of the government. When the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, were announced last year, they were decried for being...
Business operator concentration rules

Misconceptions, compliance for business operator concentrations (Part II)

By Zhan Hao and Zhu Libo, AnJie Broad Law Firm
The first article in this series introduced some common misconceptions and compliance issues for business operator concentrations. As a general reference for enterprises, this second part answers frequently asked questions regarding the issue, specifically filing rules, along with the...
Global investment trendsvideo

Keymasters

As the world acknowledges the real threat of global recession, where and how a Company should invest has never been more challenging. General counsel hold the keys To unlocking opportunity, and more than ever are relied on for sound...
insolvency administration NEEQ-listed companies

Tips for insolvency administration of NEEQ-listed companies

By Wang Zhenxiang, Jingtian & Gongcheng
Companies listed on China’s National Equities Exchange and Quotations (NEEQ), otherwise known as the “New Third Board”, are considered unlisted public companies. So the question arises: What provisions or regulatory requirements should insolvency administrators be concerned about when they...
Reporting tax inspection

Strategic response to reporting for tax inspection

By Duan Congjun, Zhilin Law Firm
In the era of tax information technology, tax inspections based on big data analysis are already quite common, while inspections arising from reporting are usually a lesser probability. But according to some firms, the frequency of inspections caused by...
Crisis innovation

Crisis innovation

When the going gets tough, inspirational thinking comes to the fore. Small wonder that the past couple of years have spawned an exciting amount of tech-related reform in China’s courts and arbitration institutions. Kevin Cheng reports Practitioner's Perspective Article Series In...

Analysis of Shanghai’s first data compliance case

By Zhou Kairen and Bao Wei, Llinks Law Offices
A senior executive named Chen and several technicians of Shanghai company Z were investigated by the public security authority for using crawler technology to illegally acquire data from a take-out platform without authorisation between 2019 and 2020, on the...
Application of international sports dispute mediation mechanism, Jia Xiangming, Li Jiayao

Application of international sports dispute mediation mechanism

By Jia Xiangming and Li Jiayao, Zhongzi Law Office
Mediation is sometimes more efficient and quicker than arbitration in resolving sports disputes. Compared with other dispute resolution mechanisms, sports mediation has three key advantages. Confidentiality. Without the permission of disputing parties, all circumstances mentioned or taking place...
Adjudicating concurrent IP protection and unfair competition claims, Li Chunyi

Adjudicating concurrent IP protection and unfair competition claims

By Li Chunyi, Zhongzi Law Office
The Anti-Unfair Competition Law assumes full liabilities, supplementing IP laws such as the Copyright Law, Trademark Law and Patent Law, meaning rights and interests may simultaneously be protected by IP and the Anti-Unfair Competition Law. For example, a mark can...

EDITOR’S PICKS

AI prompts not copyrightablevideo

Weighing up AI prompts with copyright law

By Zhang Yichao and Yan Boru, Ronly & Tenwen Partners

Infringement risks of AIGC in entertainment industry (Part 2)

By Jiang Shen and Xu Wen, Jingtian & Gongcheng
Marco Chung on arbitration seat selection

A tale of three seats

For Marco Chung, group head of legal at CITIC Securities International, the choice for arbitration seat in China-related disputes is clear

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