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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...
IP owners should use investigation orders to defend their rights, Chen Jian

IP owners should use investigation orders to defend their rights

By Chen Jian, Sanyou Intellectual Property Agency and Wan Rui Law Firm
Investigation orders – empowering a party’s attorneys to gather relevant evidence – are increasingly important in IP litigation, even though neither the Civil Procedure Law nor the Lawyers Law expressly provides for such a system, which is only used...
The Bank of Communications issued RMB60 billion (USD8.59 billion) worth of special-purpose financial bonds to fund small and medium-sized enterprise loans. Jincheng Tongda & Neal provided legal advice, with senior partners Lu Jiangxia and Xia Mingliang leading the team and...
India Material adverse events

Deciding how material is an adverse event

By Raghubir Menon and Swati Sharma, Shardul Amarchand Mangaldas & Co.
The concepts of material adverse events (MAE) and material adverse changes (MAC) are widely incorporated into acquisition and investment documents. An MAE clause classically permits the acquirer to withdraw or walk away from a transaction after the execution of...
Pre-hearing preparation and post-hearing response to arbitration, Li Fei

Pre-hearing preparation and post-hearing response to arbitration

By Li Fei, Langfang Arbitration Commission
As a means for resolving disputes, commercial arbitration has the characteristics of confidentiality, convenience, flexibility and high efficiency. An arbitration hearing, being the core of arbitration procedure, is the concentrated expression of parties actively exercising and striving for their...
Validity of arbitration agreement from case filing perspective, Tian Bin

Validity of arbitration agreement from case filing perspective

By Tian Bin, Langfang Arbitration Commission
The validity of an arbitration agreement is essential to an arbitration institution’s jurisdiction over a case and its filing. Unlike courts, jurisdiction of arbitration institutions and tribunals derives from agreement between parties and the law. The forms of authorisation...

Third-party funding in post-pandemic era

By Mariana Zhong and Yang Xueyu, Hui Zhong Law Firm
Third-party funding (TPF) is no longer new or a foe to the international arbitration community. Rather, it has gained quite some momentum in several common law countries where it was historically prohibited due to doctrines of maintenance and champerty. While...
HK enforcement of mainland judgments, arbitral awards, Lam Sek Kong, Vivien Li

HK enforcement of mainland judgments, arbitral awards

By Lam Sek Kong and Vivien Li, Guantao Law Firm
The Arrangement on Reciprocal Recognition and Enforcement of Judgements in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region was signed between the Supreme People’s Court and the Hong Kong...

Taiwan’s solar-powered fishery project

By Billy MC Chen and Lillian Chen, K&L Gates
Fishery solar plant projects could benefit farmers and investors, but complexities from this new initiative could drain the pond Since 2016, the Taiwan government has committed to phasing out three active nuclear power plants by 2025, while diligently promoting development...
Sovereign green bond framework

Green & keen

A framework for the deployment of sovereign green bonds shows the government is committed to a marriage of climate and infrastructure. Environmental advocate Ashutosh Senger explains To tap finance from potential investors for deployment in public sector projects aimed at...
The Singapore Corporate Counsel Association (SCCA) hosted its sixth Chief Legal Officer (CLO) Awards reception at the Sinfonia Ristorante on 10 November, recognising CLOs who have made outstanding contributions to their respective companies, businesses, or organisations. The winner from the...
HKIAC Mariel Dimsey

Arbitration aspirations

As Hong Kong reopens its borders, Mariel Dimsey, recently appointed secretary-general of the Hong Kong International Arbitration Centre, explains her new role and plans to enhance the city’s reputation as a leading dispute resolution hub. Asia Business Law Journal: How...
Nishimura & Asahi and Clifford Chance advised Mitsubishi UFJ Financial Group (MUFG) and Netherlands-based Home Credit Group, respectively, on MUFG plans to acquire stakes in the Philippines and Indonesia units of the consumer finance company for EUR596 million (USD620...
Jian Johnson Cyril Amarchand Mangaldas

VM directions bring local flavour to global swap markets

By Jian Johnson, Cyril Amarchand Mangaldas
Announcing new guidelines over derivative transactions, the Reserve Bank of India (RBI) issued Master Direction – Reserve Bank of India (Variation Margin) Directions, 2022 (VM directions) on 1 June. While broadly based on the Basel Committee on Banking Supervision-International...
intellectual property anand and anand

Delhi High Court leads way for IP protection, enforcement

By Shrawan Chopra and Vibhav Mithal, Anand and Anand
Earlier this year, Delhi High Court enacted the IP Rights Division Rules, 2022 (IPD rules) to regulate the practice and procedure of the IP Division, which replaced the IP Appellate Board (IPAB). The IPD rules are noteworthy for reflecting both...
investigation orders in IP litigation

IP owners should use investigation orders to defend their rights

By Chen Jian, Sanyou Intellectual Property Agency
Investigation orders – empowering a party’s attorneys to gather relevant evidence – are increasingly important in IP litigation, even though neither the Civil Procedure Law nor the Lawyers Law expressly provides for such a system, which is only used...
INEOS, the world's fourth largest petrochemicals group, acquired a 50% stake in Sinopec's Tianjin Nangang Ethylene Project. JunHe and Slaughter and May advised INEOS, while King & Wood Mallesons (KWM) advised Sinopec. The acquired project is expected to be put...
Huafang Group, the second largest online entertainment streaming platform in China, raised HKD129 million (USD16.56 million) on its HKEX listing, offering 46 million shares at HKD2.8 each. The Huafang Group owns the streaming platform Huajiao and 6.cn, social platform Naitang...
3D Medicines, an oncology medical research and development company, tapped Han Kun Law Offices' intellectual property services during preparations for its HKD430 million Hong Kong IPO, to protect multiple patented drugs. Han Kun said its biomedical and IP team provided...
Shanghai-based Joint-Win Partners has launched a branch in Shangrao, Jiangxi province, becoming the first local office of a tier-one city law firm. The firm already has six branches in Jiangsu province, Zhejiang province and Vietnam, with the Nantong office in...
Micro Connect, a financial platform founded by former HKEX CEO Charles Li, signed a USD25 million asset-backed loan with HSBC. Han Kun Law Offices served as the perennial legal advisor of Micro Connect. The loan is a financing securitization plan...
Indian hotel acquisitions

No room at the inn for inept acquisition

By Sumes Dewan and Tanya Mishra, Lex Favios
Hotel acquisition, as the name suggests, refers to property investments that lead to the acquisition, running and operation of hotels. Many aspects of property acquisition in general are similar, but as with other acquisitions and their particular challenges, hotel...
Alternative investment funds (AIF), including venture capital (VC) and private equity (PE) firms, must “segregate and ring-fence” liabilities and assets of each scheme from others, mandated the Securities and Exchange Board of India (SEBI). “The manager and either the trustee...
The Securities and Exchange Board of India (SEBI) plans to review the norms on the electronic book provider (EBP) platform, using it to issue and list non-convertible securities, securitised debt instruments, security receipts, municipal debt securities and commercial paper. The...
The Securities and Exchange Board of India (SEBI) has introduced pre-filing or confidential filing or the draft red herring prospectus (DRHP) by companies planning to go public. At present, a company planning to list its shares must file its...
The Telecom Regulatory Authority of India (TRAI) has notified amendments to the regulatory framework for broadcasting and cable services. A consultation document on media ownership concerns and monopolistic activities by a few corporations was published by TRAI in April. Based...
The Australian parliament has ratified the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA) with India, following clearance from the Australian Joint Standing Committee on Treaties. The AI-ECTA is reportedly expected to be implemented on 1 January 2023. This is India’s...
The Insurance Regulatory and Development Authority of India (IRDAI) has said that Indian reinsurers, including overseas reinsurance branches, must maintain at least 50% of their underwritten Indian reinsurance business within the country in an updated exposure draft on laws. According...
The Ministry of Electronics and Information Technology (MeitY) announced on 28 October that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, have been amended to further regulate and protect social media users. MeitY released a draft...

Regulation must match the speed of telecommunications

By Bagmisikha Puhan, TMT Law Practice
Telecommunication sector providers have enjoyed massive windfalls over the last few years through significant revenues and margins from new business models such as the cloud, security, payments and insurance services. While revenue streams have grown, stringent regulations and the...
legal talent

Time for a rethink?

Disruption brought by global uncertainty has pervaded the dynamics of the legal workforce, with lawyers across Asia rethinking their careers. Freny Patel explores the reasons behind this trend In his alarmist “great resignation” speech in early 2022, Singapore Law Society...

The business of billing

India law firm billing rates 2008 India law firm billing rates 2009 India law firm billing rates 2010 India law firm billing rates 2011 India law firm billing rates 2012 India law...
Suraphon Rittipongponchusit, a former partner and Bangkok head at the insurance law firm Kennedys, which was closed in late October, has moved to Thai law firm Siam Premier as a senior consultant in its insurance and dispute resolution practice. Rittipongponchusit...
Cooley’s Shanghai office welcomed partner Li Ruomu to bolster the firm’s capabilities in mergers and acquisitions, private equity and venture capital transactions. Li started her career at Fenwick & West Law Firm in San Francisco in the US and then...
Cayman-Islands-beneficial-ownership-regime

Cayman Islands BOR back in spotlight

By Anthony McKenzie, Rebecca Lee, Cheow Eng How, and Toh Wei Xun, Carey Olsen
Cayman companies are required to maintain beneficial ownership information in line with international standards to combat money laundering, tax evasion and terrorist financing Governments and authorities worldwide are placing increased emphasis on stricter financial controls tackling money laundering, terrorist...
Clifford Chance, Commerce & Finance Law Offices and Maples advised famous Chinese snack brand Weilong on its HKEX listing, raising HKD898 million from the sale of 96.4 million shares at HKD10.56 apiece. The only round of financing before Weilong's listing...
Gaush Meditech, the fourth largest ophthalmic medical device company in China, raised HKD672 million (USD86.34 million) in its Hong Kong listing, offering a total of 13.06 million shares at HKD51.4 per share. Tianyuan Law Firm advised Gaush Meditech on Hong...
Indian In-house counsels recognition

GCs fight for access

In 2022, it seems bizarre that in-house counsel may not carry a bar licence owing to an antiquated law that dates to the middle of last century. Freny Patel looks at the battle for equity Once an advocate always an...
Sunshine Insurance, a leading private insurance group in China, issued H shares for the first time in an HKEX IPO, raising HKD6.705 billion (USD861.4 million) and becoming the fourth largest listing on the city’s bourse in 2022. The main business...
Merits & Tree Law Offices hires five partners for three locations with Wang Haiqing and Qu Chenxi joining the Beijing office, Fu Huahua and Li Zeyu in Shanghai and Lv Jingya in the Wuhan office. Wang had been a senior...
India's problem with cybersecurity rules

Who’s listening?

Cybersecurity directions from the country’s computer emergency response body in effect since late September have been decried by the industry for overreach and compliance burdens. Is the outcry being heard? Indrajit Basu reports I ndia’s efforts to rein in big tech...
Baker McKenzie (Gaikokuho Joint Enterprise) advised Japanese company House Foods on its acquisition of Keystone Natural Holdings, a US maker of tofu and other plant-based products. DLA Piper advised Keystone. Baker McKenzie’s team in Tokyo was led by a co-managing...
Ashurst advised the senior finance parties comprised of 11 local and international commercial banks on the handover of the Singapore Sports Hub facility to the government in a USD1.33 billion deal. Singapore-based partner Alfred Ng led the team, supported by...
A lawyer believes courts will award higher compensation following the record RMB32.4 million (USD4.6 million) China’s version of TikTok must pay for contributory copyright infringement of Tencent Video’s popular TV show, The Worm Valley. On 26 October 2022, the Intermediate...
Pass wealth on next generation

Where there’s a will

While estate planning is an uncomfortable subject, it is also an unavoidable one for those looking to leave behind an enduring legacy, writes K Satish Kumar, the group chief legal officer of Intellect Design Arena, a provider of financial and...
insolvency service providers

Enforcing integrity

As the insolvency and bankruptcy board turns up the heat on insolvency practitioners, Karuna Sharma and Atul Malhotra examine the tools of inspection and investigation at their disposal to ensure compliance with the code T he Insolvency and Bankruptcy Board...
HK has edge for foreign funds’ arbitration of property divestment disputes, Wu Ming, Shen Junjievideo

HK has edge for foreign funds’ arbitration of property divestment disputes

By Wu Ming and Shen Junjie, Dentons China
Many foreign funds are seeking to divest from their real estate equity investments in mainland China following the sector’s significant downturn in recent years. When a disagreement over divestment arises between a foreign fund and its domestic partner, effective...

Planks missing from newly regulated online bond platforms

By Sawant Singh and Aditya Bhargava, Phoenix Legal
The Securities and Exchange Board of India (SEBI) has always kept a watchful eye on the proliferation of fintech entities everywhere in the consumer-facing side of the financial sector. In July 2022, the SEBI issued a consultation paper that...
descriptive terms trademarks

Descriptive terms cannot be styled protected trademarks

By Manisha Singh and Malyashree Sridharan, LexOrbis
In the recent appeal of M/S Pornsricharoenpun Co Ltd & Anr v M/S L’Oreal India Private Limited against the grant of a court order, the Delhi High Court set aside the interim injunction restraining the use by the appellant...
公司回购协议的履行障碍,崔强

Obstacles with repurchase agreements by target companies

By Cui Qiang, Commerce & Finance Law Offices
Investors often require that target companies are included as repurchase subjects when designing the repurchase agreement (valuation adjustment mechanism, or VAM) of equity investments due to concerns about the solvency of the founding shareholders and the actual controllers. However,...
Guide to drafting the arbitration clause, Wang Jialu, Hu Jian

Guide to drafting the arbitration clause

By Wang Jialu and Hu Jian, Commerce & Finance Law Offices
The arbitration clause – including the arbitration agreement – is the starting point of arbitral proceedings, but the model wording provided by arbitral bodies generally contains only basic elements such as stipulating which body and what rules the parties...
video

Seller’s liability in financial asset management disputes

By Gao Ping, AnJie & Broad Law Firm
Many enterprises, especially in real estate, have encountered debt crises in recent years from a tsunami of the pandemic, macroeconomic control and business cycles. Consequently, asset management products directly or indirectly invested in such enterprises have been mired in...
Mr Duli Chand Singhania, founder of Singhania & Co, passed away on 29 November. Earlier that month, he had celebrated his 90th birthday with family and friends. A prayer meeting, which took place at Chinmaya Mission in New Delhi on 1...
Satish Anand Sharma, formerly of SNG & Partners, has joined HSA Advocates as a partner in the firm’s Mumbai office, where he will focus on corporate and commercial, and investment funds. He has more than 21 years of experience in...
Chandhiok & Mahajan has opened an office in Hyberabad, located at the Shangri-La Plaza in the Banjara Hills area. Avinash Amarnath, the firm’s competition and disputes partner, has relocated from the Bengaluru branch to the new office to take over...
Sanjeev Sachdeva rejoined L&L Partners as a mentor and partner in the firm’s senior leadership team on 15 November. Sachdeva will re-assume his role as taxation partner and will be a mentor for the taxation team, bringing with him experience...
Michelin’s zonal legal head in India, Nandita Khurana, is moving on to set up an independent practice after a more than decade-long career with the tyre giant. After working at Michelin for more than 14 years with regional and multijurisdictional...
Banking specialist Sharmil Bhushan joined Kochhar & Co as a partner and brought along her team from HSA Advocates in Mumbai on 29 November. Bhushan specialises in banking and finance, debt restructuring and insolvency, mergers and acquisitions, private equity, and...
Mohit Abraham, Uber's former director of regulatory affairs for North America, joined Sequoia India as chief legal officer in early November, succeeding Siddharth V Rao. Before his move to Sequoia, Abraham was a legal aide at CloudKitchens, a ghost kitchen...
Anshuman Mozumdar has joined Khaitan & Co as a partner in its corporate commercial practice group in Mumbai. Mozumdar has more than 10 years of experience in corporate and commercial laws. He specialises in private equity (PE), mergers and acquisitions, including...
Lexicon

Interveners

A PREVIOUS COLUMN discussed the role and purpose of an amicus curiae in common law jurisdictions, civil law jurisdictions and areas of international law. It also examined the potential for the role of an amicus curiae to develop in mainland China (see...

Apple not falling far enough from the tree

By Manisha Singh and Malyashree Sridharan, LexOrbis
In the recent case of Vinita Gupta v Amit Arora, the Delhi High Court considered the concept of semantic and conceptual similarity in dealing with two trademarks, Applestree and Appleplant. The courts have had little to do with conceptual...
India data protection law

Consent and security will underpin data protection

By Mathew Chacko, Aadya Misra, Shambhavi Mishra and Ada Shaharbanu, Spice Route Legal
In November 2022, the government published a draft of its new data protection law, the Digital Personal Data Protection Bill, 2022 (DPDPB). The DPDPB’s predecessors were the subject of controversy, including concerns over localisation, government access to data, over-reliance...
Rainbow judgment on IBC

Rainbow Papers judgment: Clouds loom over IBC

By Soumitra Majumdar and Utkarsh Bandhu, JSA
By recognising the state government as a secured creditor, the Rainbow Papers judgment exposes the Insolvency and Bankruptcy Code to incongruous uncertainty Promulgation of the Insolvency and Bankruptcy Code, 2016 (IBC) brought much cheer to the entire Indian credit ecosystem,...
Trilegal has advised Keystone Realtors, promoters of Mumbai-based real estate business Rustomjee, on its INR6.3 billion (USD76.3 million) IPO. The share offering, which opened on 14 November and closed on 16 November, was oversubscribed two times, with significant participation from...
Shantanu Singh, former principal associate at DSK Legal in New Delhi, has joined one of India’s largest integrated electricity companies, Tata Power, as the group head of legal. Tata Power is part of the USD128 billion salt-to-software conglomerate, the Tata...
After establishing the legal, ethics and compliance division for Rolls Royce and spending almost four years at its Indian subsidiary, Roop Loomba has returned to Loomba Legal Services, the family law firm she co-founded in 2016. “My last role was...
GBA arbitration innovations

Innovations in GBA arbitration

By Liu Xiaochun, Shenzhen Court of International Arbitration (SCIA)
Headquartered in the Guangdong-Hong Kong-Macau Greater Bay Area (GBA), the Shenzhen Court of International Arbitration (SCIA, also known as the South China International Economic and Trade Arbitration Commission, or the Greater Bay Area International Arbitration Centre) is an arbitration institution...
Shanghai arbitration hub

Shanghai arbitration hub: converge and innovate

By Wang Weijun, Shanghai International Arbitration Centre (SHIAC)
In the first working day of 2019, the Shanghai Municipal Development and Reform Commission passed the Implementation Opinions on Improving the Arbitration Management Mechanism, Improving the Credibility of Arbitration and Accelerating the Establishment of a Global Asia-Pacific Arbitration Centre....
Arbitration ecosystem

Institutions must step up to protect arbitration ecosystem

By Donna Huang, International Chamber of Commerce
Arbitration is flourishing worldwide, but whispers are persisting that the system is becoming lengthy and expensive. Of the numerous parties involved, institutions are best positioned to balance various and often conflicting needs The arbitration sector has been burgeoning for decades....
Hong Kong arbitration

Innovation and resilience: arbitration in Hong Kong

By Yang Ling, Hong Kong International Arbitration Centre (HKIAC)
Lately, the world has faced difficult challenges from international conflicts and the pandemic, and Hong Kong is no exception. However, in terms of dispute resolution and arbitration, Hong Kong maintains a great deal of openness and professionalism, adding notable...
China international arbitration

Marching towards the inner circle of international arbitration

By Wang Chengjie, China International Economic and Trade Arbitration Commission (CIETAC)
In China, arbitration, in its modern sense, is an imported and young dispute resolution system. Generally, the international status of arbitration of a country can be evaluated by gauging: (1) the global influence of its arbitration legal system and rules;...

No automatic right to wages during insolvency resolution

By Aditya Vikram Dua and Parvathi Menon, SNG & Partners
There has been considerable discussion over whether salaries to employees should be treated as costs in the corporate insolvency resolution process (CIRP). If they are so regarded, those wages will assume priority over other debts. If not so classified,...
Going with the global flow: arbitration developments and practice, Chen Fuyong

Going with the global flow: arbitration developments and practice

By Chen Fuyong, Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)
Development of the arbitration industry requires active participation of arbitration practitioners, as well as the combined efforts of the legislative, judicial and administrative branches. These two factors in turn influence and promote each other. From a practical perspective, a...
India zero emission

India zeroes in on emissions targets

By Manish Dembla and Srishti Kanwar, Kochhar & Co.
At the recently concluded COP 27 meeting, India reiterated its commitment to achieving net zero emissions by 2070. Recent policy initiatives support that commitment. The government launched the National Hydrogen Mission in 2021, followed by the green hydrogen and green...
China arbitration evolution

Long roots, strong branches

In May 1954, the central government made the decision to establish a foreign trade arbitration commission within the China Council for the Promotion of International Trade. Thus, arbitration, along with the internationally aligned principles that make arbitral awards final, binding...
India exclusion clauses

Exclusion clauses may not exclude everything

By Faranaaz Karbhari and Akriti Shikha, HSA Advocates
An exclusion clause is a beneficial contractual arrangement made in anticipation of future contingencies that might hinder or prevent performance. Usually, parties to a contract exclude liability for certain types of losses, which may be suffered by either party...
cross-border crypto-assets

Standards needed for chasing crypto-assets across borders

By Ashima Obhan and Aparna Amnerkar, Obhan & Associates
With alternative investments such as crypto-assets becoming popular, and the consequent increase in crypto-crime, it can be expected that tax authorities will correspondingly step up scrutiny over transactions involving such assets. The concept of crypto-assets itself is, like the...
Indian Law Partners (ILP) assisted McLaren’s long-time legal counsel Ashurst in opening the British supercar manufacturer’s first shop in Mumbai, marking its formal entry into the Indian market. Rob Aird, a partner at Ashurst London, served as foreign counsel for...
AZB & Partners advised India Infrastructure Fund II (IIF), a fund managed by Global Infrastructure Partners India, on the sale of energy company Vector Green for INR27.8 billion (USD336 million) to Sembcorp. Sembcorp Industries, through its wholly-owned subsidiary Sembcorp Green...

Key changes to BVI company legislation

By Peter Vas, Loeb Smith Attorneys
The British Virgin Islands (BVI) Business Companies (Amendment) Act, 2022, which was gazetted on 12 August 2022 and amends the BVI Business Companies Act, 2004, will come into force on 1 January 2023. The BVI Business Companies (Amendment) Regulations,...
Deal value thresholdvideo

The future cost of deal valuation notifications

By Swathi Girimaji and Amruth Anand, Bharucha & Partners
Antitrust regulators the world over have begun to reassess their regulatory frameworks after several high-value acquisitions of entities in the digital space were recently completed without merger control scrutiny. India is no different. Although the acquisitions of WhatsApp by...
IBC fairnessvideo

Speed important in IBC but fairness more so

By Sneha Jaisingh and Amogh Joshi, Bharucha & Partners
Recently, in Rathi Graphics Technologies Limited v Rajkumar Rathi & Ors, the National Company Law Tribunal (NCLT), relying on Supreme Court decisions and the report of the Bankruptcy Law Reform Committee, held that committees of creditors (CoC), interim resolution...
business operator concentration issues

Misconceptions, compliance for business operator concentrations

By Zhan Hao and Zhu Libo, AnJie Broad Law Firm
The amended Anti-Monopoly Law (AML), which came into force on 1 August 2022, has drastically increased the penalties for illegal cases of business operator concentrations. With the normalisation of harsh regulation on operator concentration transactions in China, whether the...
Rental REITs opportunities challenges

Opportunities and challenges of affordable rental REITs

By Su Xianghui and Gao Huanzhang, DOCVIT Law Firm
On 5 August 2022, Huaxia Beijing Affordable Housing REIT received registration approval from the China Securities Regulatory Commission (CSRC), becoming the third affordable rental housing REIT approved this year, following Hotland Shenzhen Anju REIT and CICC Xiamen Anju REIT....
Hong Kong share schemes listing rules

Amended Hong Kong listing rules on share schemes

By Rossana Chu, LC Lawyers
Issued in July 2022, Hong Kong Stock Exchange’s conclusions to the earlier consultation on the amended listing rules regarding share schemes have been issued by the exchange following consultation. This article summarises the amendments that become effective on 1...
litigation over nominee shareholding

Key points in litigation over nominee shareholding

By Xian Yifan, East & Concord Partners
After completion of investment and M&A, a certain shareholder may wish another shareholder or a third party to hold equity on his or her behalf. In such a case, the actual shareholder becomes a dormant shareholder, and the other...
Insurance firms must ensure that all health insurance plans cover mental illness, said an Insurance Regulatory and Development Authority of India (IRDAI) circular. Insurers are required to take action in line with the new regulation by 31 October 2022. According...
The Securities and Exchange Board of India (SEBI) has sought public comment on changing the disclosure requirements as applicable to listed companies. Among the major changes proposed is a tightened timeline, ranging from 30 minutes to 12 and 24...
The Department of Consumer Affairs has changed a crucial component of the Legal Metrology Act, allowing merchants to appoint an officer responsible for planning, directing and supervising business operations in order to avoid, contain and follow-up with procedures on...
The Reserve Bank of India (RBI) released a new regulatory framework for Asset Reconstruction Companies (ARCs) on 11 October allowing them to be resolution applicant (RA) entities under the Insolvency and Bankruptcy Code, 2016 (IBC), marking a significant change...
The Securities and Exchange Board of India has extended the SEBI Settlement Scheme 2022, for companies involved in trading in illiquid stock options, until 21 January 2023. The scheme began on 22 August and was supposed to end on...
IPO disclosure norms modified

IPO disclosure norms modified

The Securities and Exchange Board of India (SEBI) in its board meeting on 30 September announced a number of modifications to various laws, which included stricter disclosure rules for initial public offerings (IPOs). The SEBI board meeting also voted...
Judicial review online arbitration procedures

Judicial review of online arbitration procedures

By Chen Xue’er, Guangzhou Business School Law School, and Jeffrey Quan, ETR Law Firm
In the digital economy, online arbitration is widely used in commercial disputes instead of traditional commercial arbitration. It is still in a developmental stage though, and the judicial review of online arbitration procedures is controversial. JUDICIAL REVIEW DISPUTES Currently, judicial review...
Personal information protection appointments

Obligations for personal information protection appointments

By Sharon Shi and Wu Pengfei, AllBright Law Offices
Companies are increasingly concerned about if they are obliged to establish appointments such as cybersecurity officer, personal information protection officer and data security officer, pursuant to updated cybersecurity, personal information protection and data security laws. They also enquire about the...
Pledging special movable property

Risks, dispute points with pledging special movable property

By Yao Xiaomin and Sun Yangyang, Lantai Partners
Special movable property refers to movable objects with a large economic value and infrequent changes in ownership, the examples of which are enumerated in the Civil Code to include ships, aircraft and motor vehicles. This article analyses key elements...
India Business Law Journal

Much needed revamp

Changes proposed to competition act see mixed response The introduction of the Competition (Amendment) Bill, 2022, seeks to overhaul the competition law framework in India. Several competition law practitioners have hailed the bill for its ambition and the far-reaching changes...

CIETAC’s latest emergency arbitration: an inside look

By Tim Meng, GoldenGate Lawyers
The practice of emergency arbitration has taken off among arbitration institutions in Beijing, Shanghai and elsewhere. With the strict confidentiality principle in mind, a closer look at one case the author presided over at the China International Economic and...
K&L Gates advised software-as-a-service technology company Aigens on its RMB100 million (USD14 million) series A financing. The K&L team was led by Hong Kong-based partner William Ho, who focuses on cross-border M&A deals, private equity and venture capital, privatisations and...
The claimant in our case is an online gamer, and the creator and owner of a disputed online game account. The claimant spent a significant amount of money purchasing in-game virtual assets and becoming a top player according to...

Exemption of listing disclosure for defence enterprises

By Guo Xin and Xie Aqiang, Grandway Law Offices
Information disclosure is a compulsory obligation for an enterprise’s listing, and also a focus of regulatory review and oversight. The business of military and defence industry enterprises, often closely connected to national defence and security, can directly or indirectly...
In the big data era, online platforms process a large amount of personal information. After the promulgation of the Personal Information Protection Law (PIPL), new types of disputes are set to emerge between online platforms and their users. This...

Engagement Lead (Legal)

Role Engagement Lead (Legal) Location Japan Job Description Our client is a newly incorporated Japanese NGO working towards clean energy transition in Japan, governed and led by established and respected directors from leading international financial and legal institutions. You will play a unique dual...
Rajah & Tann Singapore appointed Thong Chee Kun and Jansen Chow as new co-heads of its fraud, asset recovery and investigations practice, with Kun overseeing civil aspects and Chow criminal ones. “This appointment is part of our policy of grooming...
DLA Piper has hired banking lawyer Trinh Hoang, a former Linklaters managing associate in Hong Kong for more than two years, as a partner in the city, working in its Asia finance, projects and restructuring practice. Hoang is experienced in...
The Federation of Indian Corporate Lawyers (FICL) hosted roundtable discussions with Edwin Tong, Singapore’s Second Minister for Law, on 28 November, during his first official visit outside the country. Tong, also the Minister for Culture, Community and Youth, gave the...
The Indonesian Corporate Counsel Association (ICCA) has co-organised a webinar with HHP Law Firm (member of Baker McKenzie) and ICC Indonesia, the National Committee of Indonesia to the International Chamber of Commerce (ICC), on the newly enacted Personal Data...
Japan-FOTY-L

Japan Law Firm Awards 2022

Asia Business Law Journal names the top firms in Japan. Lim Miran and Elverina Hidayati report A robust export sector and strong internal economy have helped weather global storms encroaching Japan in recent years. Although uncertainty in the world economy...
Japan healthcare sector laws

Anti-bribery laws, industry codes in Japan’s healthcare sector

By Kengo Nishigaki, Andrew Trost Griffin, and Yuji Yamamoto, GI&T Law Office in Tokyo
Japan is regarded as one of the least corrupt countries in Asia, ranked only behind Singapore and Hong Kong, and 18th globally on Transparency International’s Corruption Perceptions Index of perceived public sector corruption last year. However, the healthcare industry...
Hai Run Law Firm has opened a new office in Hangzhou, the capital of Zhejiang province, to boost its business in the Yangtze River Delta area, increasing its China footprint to 10 branches. The Hangzhou office’s core business will be...
Saudi Arabia new Companies Law

Saudi Arabia promotes investment with new Companies Law

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm 
After two years of drafting, consultation and amendments, the new Companies Law was officially promulgated in Saudi Arabia on 30 June 2022 and will enter into force in January 2023, replacing the old Companies Law of 2015 and the...
validity family trusts

When marriages fail, validity of family trusts can be tested

By Ouyang Fangfei and Zheng Chunjie, Merits & Tree Law Offices
Whether a spouse can claim property that is part of an established family trust is an unavoidable issue that concerns the protection of each of the marital parties’ rights, but can also mean the trust being deemed a sham...

Tackling conflicts of interest in commercial building renovation

By Yang Fan and Wu Hao, Leaqual Law Firm
As one of the important forms of real estate, commercial buildings comprise a high proportion of the total of urban real estate. The long-term stable attributes of real estate make it impossible to carry out large-scale adjustments to the...
Ashurst has hired former Addleshaw Goddard partner Lance Jiang to expand its restructuring and insolvency team in Hong Kong. Addleshaw Goddard shut down the Hong Kong office in September. Jiang specialises in complex cross-border restructurings and insolvencies with a Chinese...
More than 275 lawyers at ZICO Law, a group of independent local firms with a presence in 18 Southeast Asian cities, are set to join KPMG to create one of the largest legal regional networks. “The need for deep, local...
Cyril Amarchand Mangaldas (CAM) partner and Delhi deputy head Gauri Rasgotra will launch her independent boutique law firm early next year and is currently serving her notice period till January. “I am starting a litigation office in Delhi, but we...
Google was hit twice in October with hefty fines from the Indian antitrust watchdog for abusing its dominant position in the Android mobile operating system market and its Play Store policies. The significant size of the penalties that aggregated to USD275 million,...

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