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The Securities and Exchange Board of India (SEBI) entered into a memorandum of understanding (MoU) with Canada’s Manitoba Securities Commission (MSC) on 20 April 2022, to create a formal basis for cross-border co-operation, exchange of information and technical assistance. The...
The Securities and Exchange Board of India (SEBI) has proposed to offer companies floating shares to confidentially “pre-file” the offer document with them. The regulator has invited comments on the matter to be sent in by June 6. The market...
The Minister of State Commerce and Industry, Anupriya Patel, has launched the Indian Business Portal for promoting exports by small and medium enterprises (SMEs), farmers and artisans, helping them to access international markets. The business-to-business digital platform was created in...
The Insolvency and Bankruptcy Board of India (IBBI) has amended the voluntary liquidation process (VLP) regulations, effective from 5 April 2022, with an aim to reduce the timeline for completion of the liquidation process of stressed assets. The amendment has...
The Competition Commission of India (CCI) has amended the confidentiality regime to restrict access to commercially sensitive information by unauthorised parties via the Competition Commission of India (General) Amendment Regulations, 2022. It has also introduced the concept of a confidentiality...
Intellectual property specialist Gordon Gao brought colleagues Sherry Yao, Zhang Xuting and Cassidy Guo with him from Fangda Partners to join King & Wood Mallesons as partners. Gao was famous for representing US basketball superstar Michael Jordan against Chinese sports...
Eric Chow & Co, an association firm by Commerce & Finance Law Offices, has hired Christy Leung as a partner in its litigation department. Leung focuses on contentious regulatory matters and complex commercial disputes in the financial services sector.  Her...
Su Hao has joined the Haiwen & Partners in the firm’s Beijing and Hong Kong offices as a partner. He was previously a Beijing-based partner at Morgan Lewis. Su is qualified to practice in England, Wales, Hong Kong and mainland...
The Ministry of Corporate Affairs has made amendments under the Companies (Prospectus and Allotment of Securities) Amendment Rules, 2022, requiring Indian entities to reveal if investments are made by a company that is incorporated in, or a national of,...
Welcoming Hong Kong's proposals to reform the arbitration fee structure Yang Ing Loong, a council member of the HKIAC and chair of its appointments committee, suggested the next step should be to “enlarge the pool of qualified arbitrators”. The prolonged...
The Hong Kong SAR Government has submitted an amendment bill to the Legislative Council to propose three new fee agreements to allow lawyers to charge arbitration cases by the principles of "no win, no fee" and "no win, low...
KICA moves office

KICA moves office

The Korea In-house Counsel Association (KICA) has moved into a new office in Seoul at 5 Yeongdong-daero 141-gil, Gangnam-gu, from its previous address at the Lawyers’ Education and Culture Centre. With the lease expiring in April, KICA saw an opportunity...
RBI increases responsibilities of loan transfer parties, Aditya Vikram Dua, Parvathi Menon

RBI increases responsibilities of loan transfer parties

By Aditya Vikram Dua and Parvathi Menon, SNG & Partners
The Reserve Bank of India (RBI) issued the Transfer of Loan Exposures Directions, 2021 (directions) in September 2021, which prescribe a comprehensive and robust framework to facilitate the sale, transfer and acquisition of loan assets, both standard and stressed,...
A taxing time for crypto assets

A taxing time for crypto assets

By Shahid Khan, Kochhar & Co.
The Finance Act, 2022 recently enacted by parliament has introduced a special tax regime for virtual digital assets (VDA), more generally known as crypto-assets. Trading in crypto-assets is a speculative and volatile, though sometimes lucrative investing ecosystem. It has gained...
网络广告不得越界

Online advertising must not overstep the mark

By Essenese Obhan, Taarika Pillai, and Shubhanshi Pohani, Obhan & Associates
That innocuous online search for your next golfing holiday leading to a pop-up ad with a reminder that you need new polo shirts confirms that the algorithmic magic of keyword advertising has been at work. The exponential growth of online...
Shaky Ground

Shaky ground

A spate of defaults at several prominent real estate companies has left creditors and homeowners on shaky ground, with several challenges awaiting them at the insolvency court, writes Vineeta Bansal When Supertech, one of the New Delhi-NCR region’s largest real...
India data protection plan

Price of protection

India's proposed data protection regulation demands data localisation and restricts cross-border transfers, promising economic benefits for the broader economy, but imposing big cost and logistical challenges on Indian and international companies, write K Satish Kumar and Ritika Roy Countries around...
Power ministry creates alternative alternative dispute resolution

Power ministry’s ADR alternative needs a rethink

By Mani Gupta and Saumya Upadhyay, Sarthak Advocates & Solicitors
With the admirable objective of achieving the early and amicable resolution of disputes, the Ministry of Power (MoP) has set up Conciliation Committees of Independent Experts (CCIE) in its office memorandum of 29 December 2021 (OM). Appointments to the...
While deciding an appeal against an order of the Allahabad High Court (Union of India v Ashish Agarwal, 2022), which had set aside reassessment notices issued by the Department of Revenue, within the Ministry of Finance, after 1 April...
China Business Law Journal

Greater expectations

The challenges of the pandemic may continue, and resolve continues to be tested, but in the face of adversity it is often wise to hold close greater expectations – to count blessings and look to the issues where progress...
Vietnam law firm Phuoc & Partners has moved its head office in Ho Chi Minh City to Dreamplex Thao Dien, 42 Ngo Quang Huy Street, Thao Dien Ward, not far from where its previous headquarters was located. “Digital transformation made...
Crystal gazing into the future of competition and digital marketsvideo

Crystal gazing into the future of competition and digital markets

By Atmaja Tripathy, TMT Law Practice
The rise in the use of digital platforms and emerging technology has forced competition regulators globally to keep up, innovate and widen their competition assessment tools. The Competition Commission of India (CCI) is not far behind. The propulsion in...
We asked some of our elite A-list lawyers to provide us with keywords that others might use to rise to the top of their game. These were the top five China Business Law Journal previously selected 100 lawyers working in...
The Supreme Court has upheld a decision of the Tripura High Court by refusing to interfere with its judgment that decree holders cannot be treated the same as financial creditors under the Insolvency and Bankruptcy Code, 2016 (IBC). A petitioner...
In a Supreme Court judgment it was held that section 34(4) of the Arbitration and Conciliation Act, 1996 can be used to record reasons for findings already produced in an award, or to fill gaps in an award’s reasoning....
The Indian Supreme Court has set aside an arbitral tribunal’s award for acting beyond the confines of a contract executed between parties. The court held that the power of courts and arbitral tribunals was limited to the terms of...
In-house Counsel Awards 2023 In-house Counsel Awards 2020 After months of intensive market surveys and research, China Business Law Journal's editorial team unveils our In-house Counsel Award winners. Kevin Cheng reports View the awards list CHINA’S LEGAL LANDSCAPE in 2021 was as...
As India’s foreign exchange reserves continue to shrink well below USD600 billion and the rupee continues to close at all-time lows, it is unlikely the Reserve Bank of India (RBI) will lift the restriction it imposed earlier this year...

Comply with AI

The automation of compliance processes can keep companies up to date with a constantly evolving regulatory environment and out of trouble with the law, writes MP Birla Group’s Subhadeep Bhowmik. Adhering to statutory compliance is mandatory to keep businesses safe...
The fifth-largest market player in China’s medical operation services sector has been listed on the HKEX. Medical operation service provider Yunkang Group issued 138 million shares on the Hong Kong bourse, pricing each at HKD7.89, and raising HKD1.09 billion (USD139...
Eyes-wide-shut-L

Eyes wide shut

The decision to exempt mergers below certain thresholds from the CCI’s gaze has starkly divided opinions among competition lawyers, writes Freny Patel A lot is riding on the government extending the de minimis exemption benefit by another five years. It...
V&T Law Firm has furthered its commitment to the Greater Bay Area by setting up a joint-operation office with Hong Kong-based CW Chan & Co – the second move in a year by the firm to promote its business...
AMG Media Networks (AMG Media), the media arm of Adani Enterprises, picked up a 49% stake in Quintillion Business Media, which operates business news platform BloombergQuint. The transaction amount of the deal has not been disclosed. Cyril Amarchand Mangaldas advised Adani...
Life Insurance Corporation (LIC) has debuted on Indian stock exchanges following the country’s largest IPO to date, raising INR205 billion (USD2.7 billion) for the government of India. Cyril Amarchand Mangaldas acted as legal adviser to LIC and the selling shareholder,...
Who dares wins, but not at our expense

Who dares wins, but not at our expense

By Sawant Singh and Aditya Bhargava, Phoenix Legal
To align the regulatory framework for non-banking financial companies (NBFCs) with mainstream governance practices, the Reserve Bank of India (RBI) introduced a scale-based regulatory framework for NBFCs in October 2021. This included governance-related requirements. The framework required NBFCs to put...
When not to trust your co-inventor DPS Parmar Lex Orbis

When not to trust your co-inventor

By DPS Parmar, LexOrbis
Generally, prior disclosure of an invention deprives the inventor of the chance to patent it as it now lacks novelty. However, across all patent jurisdictions the inventor is protected from this consequence in two situations, evident abuse and international...
总括性命令抑制侵权商标诉讼

Blanket orders smother infringing trademark actions

By Manisha Singh and Anirudh Arora, LexOrbis
The internet is the new marketplace. Online domain disputes involving the internet and e-commerce platforms are on the rise. Many cases of domain name squatting involving well-known trademarks and marks affiliated with well-known brands have been reported. In Snapdeal Private Limited...

Ignoring precedent risks stability in real estate

By Pratik Ghose and Avishek Roy Chowdhury, HSA Advocates
The concept of precedent and the binding effect of precedents set by higher courts on lower courts is one of the cardinal bases on which the judiciary functions and the doctrine of stare decisis encapsulates such principle. A considered...
Pricing dilemma in acquisitions by foreign owned companies, Anshuman Mozumdar, Ankur Kumaris

Pricing dilemma in acquisitions by foreign owned companies

By Anshuman Mozumdar and Ankur Kumar, L&L Partners
Rule 23(1) of the Foreign Exchange Management (Non-Debt Instruments) Rules 2019 (rules) provides that investments by foreign-owned or controlled companies (FOCC) in an Indian company shall be subject to “entry route, sectoral caps, pricing guidelines and other attendant conditions...
SEBI must disclose says Supreme Court, Sneha Jaisingh

Supreme Court rules that SEBI must disclose

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners
The Securities and Exchange Board of India (SEBI) issued the SEBI (AF) Regulations, 2003 (regulations), to regulate unlawful, fraudulent and unfair trade practices in the securities market. The regulations give SEBI and the investigating authority appointed by it wide...
NHAI takes innovative routes to financing, Vandana Pai

NHAI takes innovative routes to financing

By Vandana Pai and Ayush Jain, Bharucha & Partners
In October 2021, the National Highways Authority of India (NHAI) sponsored its first infrastructure investment trust (InvIT), the National Highways Infra Trust (NHAI InvIT), to monetise completed national highways. The NHAI InvIT raised funds through private placement, with the Canada...
Discover our other annual awards Award In a celebration of hard work, ingenuity and excellence, India Business Law Journal reveals the winners of the 2022 Indian Law Firm Awards. Vandana Chatlani reports In the past 12 months, India’s lawyers have rediscovered...
Hong Kong law firm Eric Chow & Co in Association with Commerce & Finance Law Offices, has bolstered its litigation practice by adding Christy Leung as a partner. Leung joins from Winston & Strawn where she was a partner...
The legal department is the client of external law firms, yet excelling in the delicate and important role that bridges the two is an art that requires considerable practice. Hang Dongxia, secretary to the board of directors at Shanghai...
Towards the light

Towards the light

Recent positive signals from Chinese regulators could mean the delisting crisis facing concept stocks in the US due to years of restricted audit working paper access is approaching detente, but their future in America’s markets is still uncertain, writes...
THE PAST DECADE has seen extraordinary growth in technological innovation. The emergence of blockchain technology – and more broadly, distributed ledger technology – has led to a range of innovations in areas such as financial services. These include new ways...
SCL Nishimura & Asahi, the Bangkok office of Japanese law firm Nishimura & Asahi, has beefed up its dispute resolution practice by hiring litigation lawyer Punjapron Kosolkitiwong as partner and department head. Kosolkitiwong was most recently the head of...
DWF has secured an affiliation agreement with Hauzen, a Hong Kong law firm specialising in financial services regulation, contentious insurance, complex commercial problems and arbitration. Basil Hwang, Hauzen’s  managing partner, founded the firm in 2017 after four years at Zhong...
Hong Kong Monetary Authority (HKMA) has launched Regtech Knowledge Hub to heighten awareness of regulatory compliance in fintech-related fields and encourage the sharing of expertise. In a similar move last year, the Monetary Authority of Singapore set aside SGD42...
Addleshaw Goddard has announced the closure of its Hong Kong office when the current lease expires in September. Several partners and other lawyers, including trainees, will transfer to local law firm Howse Williams. “No firm likes to withdraw from jurisdictions...
Herbert Smith Freehills has opened a construction and infrastructure disputes hub in Kuala Lumpur. The hub will be led by partner Craig Shepherd who moved to KL after working at the firm’s offices in Hong Kong and Dubai since...
Recent growth for IndusLaw in Hyderabad made the firm decide on a new and bigger premises in the Banjara Hills area of the city where the previous office was also located. The relocation is in line with the growth...
Manisha Kumar has joined Flipkart as vice president and legal head of merger and acquisitions.  She joins from Cyril Amarchand Mangaldas, where she was a partner, and has more than 20 years of experience. “It is a very exciting time...
Law firms share insights on IP and data protection in a competitive new tech-centric landscape Value of FTO in biopharma investment, financing Protecting corporate business data under IP legal norms Data competition compliance in online platform economy Value of...
Kolkata-based firm Fox & Mandal has expanded its footprint to New Delhi in a collaboration with BlackRobe Chambers – a full-service firm headed by Kunal Vajani. “Debanjan has a progressive outlook to grow the firm,” said Vajani, who takes...
IP disputes specialist Mohini V has joined Remfry & Sagar as an equity partner. With nearly 15 years of experience in litigation, Mohini has provided counsel to clients on areas such as trademark infringement, unfair competition, copyright and design infringement...
Welcoming a “post-pandemic” re-opening, the Singapore Corporate Counsel Association (SCCA)’s Women Chapter kicked off an in-person networking event on 17 May to catch up with fellow women lawyers from the Law Society of Singapore's Women in Practice Committee. “We are...
A one-year Postgraduate Diploma on Arbitration and Mediation course has been launched at Maharashtra National Law University (MNLU) Mumbai backed by the General Counsels’ Association of India. The faculty collaboration follows an MoU signed between the university and the association...
As diversity, equity and inclusion gains importance alongside global environmental, social and governance (ESG) values, a legal association and its foundation have teamed up with other lawyers and business leaders to design a format for organisations to measure progress...
DLA Piper has promoted Masahiko Ishida as co-country managing partner for Japan, sharing joint leadership responsibilities with Lance Miller. As Asian countries open up to accelerate their recovery, the Tokyo-based Ishida bets on the technology and financial sector to...
Company law amendments provide improved protection

Company law amendments provide improved protection

By Chen Zhuo and Liu Xiaoyan, Tian Yuan Law Firm
In the second overhaul of the Company Law since 2005, new revisions are in the pipeline to protect creditors’ and minority shareholders’ lawful interests, including: accelerating the maturity of subscribed capital contributions; increased accountability of directors; supervisors and senior management;...
Disputes involving private equity funds have attracted more attention in recent years, with soaring numbers and complicated situations. The liability of fund managers is one of the most controversial issues. When investors claim managers should bear liability in arbitration...
A wholly foreign-owned bank in China established by a leading global commodity derivatives trading bank group (the claimant), and a large Sino-foreign joint venture non-ferrous metal smelting and processing enterprise (the respondent) entered into a copper forward transaction (the...
Judicial exceptions to abstract principle of negotiable instruments, Yao Xiaomin, Guo Xiaohan

Judicial exceptions to abstract principle of ‘negotiable instruments’

By Yao Xiaomin and Guo Xiaohan, Lantai Partners
Disputes over negotiable instruments have long been a major type of commercial dispute. According to records on the China Judgment Online, an official website, the number of civil cases with “dispute over negotiable instruments” as the cause of action...
S fund development in China provides exits, Echo Liuvideo

S fund development in China provides exits

By Echo Liu, Grandway Law Offices
In private equity investment, a secondary fund (S fund) is a product specifically designed to acquire partnership shares of property of private equity funds from investors. Unlike traditional private equity funds that invest directly in company equity dealing with...
Risks-of-importing-Russian-LNG-during-Ukraine-war--L

Risks of importing Russian LNG during Ukraine war (Part I)

By Wang Jihong and Liang Danni, Zhong Lun Law Firm
Amid the escalating conflict between Russia and Ukraine, the US, EU and other Western countries and regions have successively issued economic sanctions against Russia, exerting a resounding impact on the international natural gas trade. Among these measures, the US president...
Judicial authorities continue to face a practical dilemma in deciding to disregard personality of husband-and-wife companies in disputes. In this article, the author empirically analyses the issue based on judgments and case facts. STATISTICAL ANALYSIS The author conducted a search on...
Safe harbour system under Anti Monopoly Law amendment, Michael Mao and Alan Yu

‘Safe harbour’ system under Anti-Monopoly Law amendment

By Michael Mao and Alan Yu, AllBright Law Offices
An anti-monopoly safe harbour system is a set of legislated market-power thresholds, below which a business operator’s acts are presumed to have a limited effect on eliminating or restricting competition, and thus require no investigation. Introducing a safe harbour...

Determining actual inventor in ex-employee disputes

By Chen Jian, Wan Rui Law Firm
Service invention-creations relating to departed employees are determined under the Detailed Rules for the Implementation of the Patent Law to maintain the former employer’s legal rights to scientific and technological achievements while encouraging and supporting innovation-driven development – stipulating...
Richard Qiang has joined DaHui Lawyers as a Beijing-based partner – the third to be taken on as partner by the firm this month. Qiang, who is qualified to practice in China and New York State, specialises in cross-border M&A...
Application of service trusts in distressed real estate Deng Weifang Yu Jiahao Merits & Tree Law Offices

Application of service trusts in distressed real estate

By Deng Weifang and Yu Jiahao, Merits & Tree Law Offices
In relevant statements of regulatory authorities, a service trust refers to trust companies using their institutional advantages and service capabilities in account management, property independence and risk isolation to provide clients with various services besides asset management – which...
Employers can check criminal record searches of employees and candidates in certain circumstances under the new Working Rules for Public Security Departments to Handle Criminal Record Checks, issued by the Ministry of Public Security on 31 December 2021. According to...
Linklaters has named Jonathan Horan and Wanwisar Nakarat as managing partners in Singapore and Bangkok, respectively. Both succeed Christopher Bradley in Singapore and Pichitpon Eammongkolchai in Bangkok, who had been in charge since 2016. Bradley is retiring this year...
Compliance with regulations on ensuring SME payments Jason Chan Zhou Zizhao Anjie Law Firmvideo

Compliance with regulations on ensuring SME payments

By Jason Chan and Zhou Zizhao, Anjie Law Firm
Urging conscientious clearing of outstanding payments to SMEs, the State Council’s State-owned Assets Supervision and Administration Commission (SASAC) recently reminded central state-owned enterprises and high-tiered market players of their obligations under the Regulations on Ensuring Payments to Small and...
Analysing major legal models of China’s retirement trusts

Analysing major legal models of China’s retirement trusts

By Ren Guobing and Lin Shulan, Jingtian & Gongcheng
Amid the one-two punch of the new Notice on Matters Relating to the Adjustment of the Classification of Trust Business (Exposure Draft) and accelerated development of the pension industry, it is high time to explore the models of retirement...
Guangzhou government authorities have further clarified legal procedures to be followed by employers implementing economic downsizing. The permitted circumstances were issued in a policy update, the Opinions on Issues Relating to Employers' Workforce Reductions, issued by the Guangzhou Municipal Human...
A consultation document released by China’s securities watchdog potentially removes a key hurdle for US regulators to gain full access to the auditing reports of Chinese companies listed in New York – but it does not weaken the oversight...
Protecting trade secrets with confidentiality measures Zhu Nandi Zhang Yifan Tiantai Law Firm

Protecting trade secrets with confidentiality measures

By Zhu Nandi and Zhang Yifan, Tiantai Law Firm
Trade secrets are intangible wealth accumulated by an enterprise in the course of its production and operations which, once leaked, will often require it to spend a great deal of energy and money to remedy – or in the...
Unknowns of ‘no-challenge clause’ in IP licence contracts Guan Bing, Wang Ziqian

Unknowns of ‘no-challenge clause’ in IP licence contracts

By Guan Bing and Wang Ziqian, East & Concord Partners
Under the no-challenge clause in an intellectual property licence contract, the licensee shall not in theory challenge IP right validity of the licence subject matter. For example, if such a clause is included in a patent license contract, the...
After two successful rounds in 2020 and 2021, the Singapore Corporate Counsel Association (SCCA) will host the SCCA Legal Eagle Challenge for law students for the third time. The 25 June event will invite students to act as fictional...
Chinese electric carmaker NIO debuted on Singapore Exchange by way of introduction without raising funds to become a triple-listed company in Singapore, the US and Hong Kong. WongPartnership advised the issuer on Singapore Law while Skadden advised on US law....
China’s first case in which the debt risk of 25 construction companies was resolved by out-of-court debt restructuring procedures saw Zhong Lun Law Firm advising the two main groups, subsidiaries and other owners. Nanjing Construction Industry Group and Nanjing Construction...
Hospitality and tourism powerhouse Jin Jiang International was advised on the privatisation of Hong Kong-listed Jin Jiang Capital by Baker McKenzie FenXun. The deal was made via merger by absorption with a cash consideration of about HKD4.3 billion (USD548 million)....
Influence of malice on copyright infringement damages, Frank Liu

Influence of “malice” on copyright infringement damages

By Frank Liu, Shanghai Pacific Legal
Copyright protection has long been a distressing issue for the right holders. On the one hand, copyright infringement is more common in today’s prosperous cultural and creative industries. On the other hand, it is often difficult in judicial practice...
Stop-payment procedure of foreign-related independent guarantees

Stop-payment procedure of foreign-related independent guarantees

By Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng
In foreign-related commerce, especially international trading of goods and foreign-related engineering, independent guarantees are fairly common for securing payment. The stop-payment procedure of independent guarantees refers to a pre-litigation or inter-litigation procedure in which the applicant, issuer or instructing party...
Monkey Business

Monkey business

India’s NSE scandal comprising a mysterious Himalayan yogi, a “group operating officer” who had never worked in the securities market, and a board that looked the other way shows that it takes only a few key individuals to tarnish...
South Korea’s Lotte Corporation has agreed to acquire Bristol Myers Squibb’s East Syracuse, New York, pharmaceutical manufacturing facility in a deal valued at around USD160 million. Lotte will use the site as headquarters for the new biologics contract development...
Investment of overseas institutions in domestic NPAs

Investment of overseas institutions in domestic NPAs

By Wang Zhenxiang, Jingtian & Gongcheng
Affected by the pandemic, secondary market activities of domestic non-performing assets (NPAs) have decreased significantly, making disposal remarkably more difficult. The external transfer of NPAs, once again attracting the attention of regulators and industry players alike, is stepping into a...
Herbert Smith Freehills has promoted Siddhartha Shukla and Dhananjaya Chak to the partnership of its India practice. Shukla has advised on key international M&A transactions involving Bharti group, ArcelorMittal, Godrej Consumer, JSW Steel, InterGlobe and Reliance among others. “My practice covers...
The Supreme People's Court (SPC) issued a civil ruling on a dispute over abuse of dominant market position in Shanghai Youzu Information Technology v Walt Disney (China) (2021), pointing out that “the arbitration clause agreed by the parties in...
Revised Hong Kong listing regime for overseas issuers Li Fai

Revised Hong Kong listing regime for overseas issuers

By Li Fai, LC Lawyers
A revised listing regime for overseas issuers on the Stock Exchange of Hong Kong (SEHK) took effect following consultation on 1 January 2022. Major changes under the revised Rules Governing the Listing of Securities for overseas issuers are: One...
Nagashima Ohno & Tsunematsu has hired Kazuhiko Yamamoto, professor at Hitotsubashi University Law School, as a special adviser. Yamamoto was director of the university from April 2019 to March 2021 and will advise on the firm’s civil litigation, restructuring and...
The Insolvency and Bankruptcy Board of India has suspended Subrata Monindranath Maity as an Insolvency Professional over allegations of accepting a bribe amounting to INR2 million (USD25,818), according to the regulator’s website. The insolvency regulator approached the board’s disciplinary committee...
Anuj Berry and Vishrov Mukherjee have joined Trilegal as partners in its disputes practice. Berry and Mukherjee each have more than 15 years of professional experience and are due to start at the firm within a few months. Berry specialises in...
Shruti Raina has become a partner and seven other lawyers associates as The Law Offices of Panag & Babu makes its annual promotions. Raina, who is based at the New Delhi office’s litigation and dispute practice, has led in several...
women lawyersvideo

In her words

Senior women lawyers across Asia describe their journeys to success and share words of wisdom for aspiring juniors in the profession. Vandana Chatlani reports W omen in the legal profession and beyond are often asked about work-life balance, family matters and...
Employer’s burden of proof in false reimbursement disputes

Employer’s burden of proof in false reimbursement disputes

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
For most employers, false reimbursement is a serious disciplinary violation under their rules and regulations, often forming the basis for dismissing employees found to have made such false claims. However, in practice, false reimbursement can be highly concealed, with...
Pinsent Masons has made financial services partner Kanyi Lui the firm’s head of China. Lui replaces Sam Boyling who relocates to the Singapore office. Lui has extensive experience in advising Chinese financial institutions and borrowers on the development and financing...
Anti-monopoly review of pay-for-delay agreements

Anti-monopoly review of pay-for-delay agreements

By Li Qin, Zhilin Law Firm
The Intellectual Property Division of the Supreme People’s Court’s (SPC) civil appeal ruling in the pharmaceutical patent infringement case AstraZeneca v Jiangsu Aosaikang Pharmaceutical (2021), in which the court proactively conducted a review of whether a pay-for-delay agreement could...
Litigation and execution in disputes over shareholder qualification

Litigation and execution in disputes over shareholder qualification

By Wu Zhiqiang, Leaqual Law Firm
Several difficulties plague the execution of equity in limited liability companies and joint stock companies. Equity can be secretive, difficult to value or circulate, but of high monetary value, and therefore will attract the attention of many rights holders....
The Federation of Indian Corporate Lawyers (FICL) will organise its First Corporate Lawyers Summit 2022 on 27 May at Hotel Taj Palace, New Delhi, with the theme of “The new normal – challenges and opportunities for the corporate lawyers...

Impact of NCLAT judgment on development financial institutions

By Soummo Biswas and Shivani Sinha, Shardul Amarchand Mangaldas & Co.
The judiciary has played a vital role in dealing with issues arising out of the Insolvency and Bankruptcy Code, 2016 (code). Recently, in Union Bank of India on behalf of the Committee of Creditors of Dewan Housing Finance Corporation...
End of the road for public utility vehicles in Philippines?

End of the road for public utility vehicles in Philippines?

By Mervin Kenneth C Ignacio, ACCRALAW
Philippine President Rodrigo Duterte signed into law Republic Act No. 11659 on 21 March 2022, which most notably provides a definition for public utility in the Public Service Act, effectively limiting the scope of public utility operations, which are...
Japanese entertainment conglomerate and video game company Square Enix Holdings has agreed to sell its North American studios and major game IPs to Sweden-based Embracer Group in a USD300 million deal. Skadden advised Square Enix in the transaction. Square Enix...
Data competition compliance in online platform economy

Data competition compliance in online platform economy

By Li Yu, Jincheng Tongda & Neal
Data is a core productive factor of the online platform economy and data resources underpin the core competitiveness and competitive advantages of many enterprises. Platform data resource competition usually involves protection of user personal information, data security, inter-platform data...
Protecting corporate business data under IP legal norms

Protecting corporate business data under IP legal norms

By Ethan Zhang and Nea Liang, Joint-Win Partners
Corporate business data generally refers to the compilation of historical and real-time information on each important link in the value chain of an industry, including internal data, distribution channel data, consumer market data and other commercially valuable data. In April...
Pinsent Masons has overhauled its regional leadership structure with Melbourne-based partner James Morgan-Payler in the newly created head of Asia Pacific role. The  appointment underlines the firm's focus on the region's infrastructure and energy industries, which are Morgan-Payler’s specialised...
American chipmaker MaxLinear has agreed to acquire Taiwan-based flash memory manufacturer Silicon Motion Technology Corp for USD3.8 billion. K&L Gates and Latham & Watkins advised Silicon Motion while Wilson Sonsini Goodrich & Rosati advised MaxLinear. MaxLinear will acquire Silicon Motion...
R&T Asia (Thailand) has hired Nuttaphol Arammuang as a partner to head its newly established IP practice in Bangkok. Arammuang was  managing partner at Zico Law in Bangkok where he joined as a partner in 2015 before taking the...
Interoperability and data portability not market power busters

Interoperability and data portability not market power busters

By Karan Singh Chandhiok and Lagna Panda, Chandhiok & Mahajan
Earlier this year, the Competition Commission of India (CCI) hosted a workshop on the startup ecosystem and competition. Views emerged that data portability and interoperability can address market power concerns in digital markets. While appealing at first, these views...
MICECA – Key to expanding India-Malaysia economic and trade ties

MICECA – Key to expanding India-Malaysia economic and trade ties

By John Rolan and Lim Siaw Wan, Christopher & Lee Ong
On 2 April 2022, Australia and India signed their highly anticipated Economic Co-operation and Trade Agreement (ECTA), six months after negotiations between the two nations restarted in September 2021. The ECTA is seen as the first step towards a...
Following an extensive nomination process, Asia Business Law Journal unveils its top performers of the country’s legal profession. Lim Miran and Nguyen Yen report View the A-List After experiencing its first economic contraction in two decades, Indonesia’s strong rebound was interrupted...

Paralegal – MNC

Role Paralegal - MNC Location Hong Kong Job Description Our client is a top-tier MNC in FMCG industry. They are now looking for a Paralegal who would be responsible for assisting the Legal Counsel to handle a wide range of corporate and commercial legal...
Private equity R-Bridge Healthcare Fund struck a USD40 million royalty-backed financing for Yisheng Biopharma – making it the first deal of its type in China’s biopharmaceutical industry. Royalty-backed financing is a trade-off between equity investment and bond investment. It offers...
A court judgment in a long and winding property dispute has emphasised the crucial nature of due procedure an attention to regulation when adjudicating such disputes. In this case, the appellant, along with his brother, agreed to sell a certain...
Sino-Ocean Land Treasure IV issued USD200 million 3.8% credit enhanced green notes due 2025 backed by a standby letter of credit (SBLC) from China Zheshang Bank. Paul Hastings acted as the English and Hong Kong counsel, Maples Group acted as...
Lexicon

Protecting consumer financial well-being

By Andrew Godwin
HAVING PREVIOUSLY DISCUSSED using plain language for financial consumer protection in relation to disclosing risks associated with complex financial products (China Business Law Journal volume 2, issue 8: Plain language in English and Chinese), this Lexicon column explores an...
A bench comprising Justices KM Joseph and Hrishikesh Roy, in the case of Chander Sekhar Jha v Union of India and Anr, dismissed an appeal assailing the order of the Calcutta High Court regarding a gold smuggling charge. The Calcutta...
Ashwathh Legal, on behalf of Dabur India, filed a lawsuit before the District Court, Saket, in New Delhi, rebuking the Advertising Standards Council of India (ASCI) for false accusations over an advertisement breach for their client’s new energy drink,...
The Indian cinema industry is set for a mega transformation as two big multiplex owners with 1,500 screens decide to merge their businesses. Inox Leisure will buy out PVR, the country’s market leader in terms of the screen count. The...

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