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Advertisement of medical devices in India

By Ashutosh Upadhyaya, Anand and Anand
Medtech is prospering amid the pandemic. But thorny questions arise over advertising medical equipment and devices in India, where the government is understandably concerned about unethical marketing, to protect the public from being exploited. In an attempt to better understand...

ESG in finance transactions: an offshore legal perspective

By Peter Vas, Loeb Smith Attorneys
2021 saw an unprecedented surge in ESG debt issuance, arguably underpinned by growing investor appetite for sustainable and green-linked investment options. The UK insurer Aviva reported that 55% of more than 500 investors in its survey claimed that the...

Specified users under CICRA herald changing nature of lending

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
The Reserve Bank of India (RBI) has amended the Credit Information Companies Regulations, 2006 on 10 November 2021, through the Credit Information Companies (Amendment) Regulations, 2021. This is the first amendment to the regulations since 2017, and has expanded...

Avoidance applications in jeopardy?

By Misha, Shardul Amarchand Mangaldas & Co
An interesting question has arisen under the Insolvency and Bankruptcy Code, 2016 (IBC) as to whether avoidance applications filed by a resolution professional to avoid vulnerable transactions can survive after the successful conclusion of the resolution process. This controversy...
Hong Kong and Singapore stock markets have started the year by commencing their first special purpose acquisition companies (SPACs), Singapore with three listings, while Hong Kong had seven listing applications as of February. Also known as blank-cheque companies, SPACs are shell...

Deal highlights

Capital Markets Trinity Acquisition has submitted its application for a SPAC listing on the Stock Exchange of Hong Kong, one of the first applications under the new SPAC listing regime. Goodwin advised Trinity Acquisition on Hong Kong and US law....
北交所:中小企业上市的最新选择 卢江霞

BSE the new listing option for China’s SMEs

By Lu Jiangxia, Jincheng Tongda & Neal
On 2 September 2021, President Xi Jinping announced the establishment of the Beijing Stock Exchange (BSE) in his speech at the Global Trade in Services Summit of the China International Fair for Trade in Services, with the aim of supporting...

International legal loan services for Dhaka Bypass Expressway

By Tian Yuan and Deng Zhenhua, Kangda Law Firm
Bangladesh’s public-private partnership (PPP) project, the Dhaka Bypass Expressway, is invested, built and operated by Sichuan Road & Bridge and two local companies in Bangladesh through the jointly established Dhaka Bypass Expressway Development. It is designed to expand Dhaka...
Growing a conscience

Growing a conscience

Current events dictate that ESG considerations are increasing in importance for companies as well as regulators, warns Ashutosh Senger, lead counsel at Florence Capital The challenges faced by societies due to the pandemic and the climate crisis have reinforced the...
Dua Associates advised Hughes Communications India, a subsidiary of Hughes Network Systems, in its joint venture with Bharti Airtel to combine their VSAT (very small aperture terminal) satellite operations in India. AZB & Partners advised Bharti Airtel. The closing of...
Khaitan & Co advised Tokyo Stock Exchange-listed Osaka Gas in its USD120 million investment, along with JOIN (Japan Overseas Infrastructure Investment Corporation for Transport & Urban Development), in AG&P CGD HoldCo SPV3 (Singapore) ‒ AG&P City Gas ‒ which...
JSA advised Honasa Consumer, which operates as Mamaearth and The Derma Company, in its INR2.84 billion (USD37 million) series F equity fundraise led by an affiliate of Sequoia Capital. AZB & Partners advised the affiliate, Sequoia Capital Growth Fund III...
Withdrawal of CIRP may save corporate debtor Shreya Sircar

Withdrawal of CIRP may save corporate debtor

By Shreya Sircar and Sanjukta Roy, Bharucha & Partners
The object of the Insolvency and Bankruptcy Code, 2016 (IBC) is to maximise the asset value of the corporate debtor while protecting and balancing the interests of all stakeholders. The IBC discourages individual actions for enforcement and endeavours to...
인도 메타버스 지적재산권의 미래

Future of Indian IP rights in the Metaverse

By Sujata Chaudhri, Urfee Roomi, and Alvin Antony, Sujata Chaudhri IP Attorneys
The convergence of human interaction in digital lives through the metaverse creates a harmonious virtual community, but how will this evolution cope with disputes and challenges brought by trademarks and patents from the real world? The concept of the metaverse...
In Samruddhi Co-operative Housing Society Ltd v Mumbai Mahalaxmi Construction Pvt Ltd, the Supreme Court confirmed that flat purchasers are entitled as consumers to apply for compensation for the failure of the builder to obtain an occupancy certificate. Members...
In a recent ruling, the Supreme Court reaffirmed that post-award interest can be granted by an arbitrator even on the interest component in the award. In arbitration between UHL Power Company Limited (UHL) and the State of Himachal Pradesh (HP),...
In State of Maharashtra v Bhagwan, the Supreme Court held that state governments and autonomous boards and bodies were not on a par, and employees of the latter were governed by their own service rules and conditions. The court...
Meta ready to throw in towel

Meta ready to throw in towel

By Freny Patel
Facebook’s parent has threatened to call it quits in India as it fears the data privacy law could force it to modify or cease existing business practices. On 2 February, Meta Platform expressed concerns in a filing to the US...
A learning curve for edtech self-regulation Ashima Obhan

A learning curve for edtech self-regulation

By Ashima Obhan, Obhan & Associates
With more than a quarter of its population in the 0-14 age bracket, one of the largest higher education networks in the world and internet penetration growing strongly, it is no surprise that India’s education sector has become the...
Injunction refused in a ‘not so sweet’ trademark battle Manisha Singh Akanksha Kar

Injunction refused in a ‘not so sweet’ trademark battle

By Manisha Singh and Akanksha Kar, LexOrbis
In the recent case of Hamdard National Foundation v Sadar Laboratories, the Delhi High Court refused to grant an injunction against the defendant. The plaintiff manufactured and sold for over a century unani medicines, that is Perso-Arabic traditional medicine from...
A decision to amend the Civil Procedure Law was adopted at the 32nd session of the Standing Committee of the 13th National People’s Congress on 24 December 2021. The newly revised law, which came into force on 1 January...
Criminal relief may be available in cases of serious trade secret infringement. However, certain practical hindrances, such as difficulty discovering and determining criminal facts, collecting incriminating evidence, and identifying trade secrets, have collectively led to an unpredictable success rate of trade secret cases, leading to high no-arrest and non-prosecution rates, and a high proportion of light punishments and probations. However, if intellectual property attorneys participated in these cases, they may play a significant role in pinpointing trade secrets and losses incurred Li Hongjiang

Solving trade secret cases with IP attorneys

By Li Hongjiang, Guantao Law Firm
Criminal relief may be available in cases of serious trade secret infringement. However, certain practical hindrances, such as difficulty discovering and determining criminal facts, collecting incriminating evidence, and identifying trade secrets, have collectively led to an unpredictable success rate...
Analysis, recommendations on China’s non-compete disputes Xie Yang

Analysis, recommendations on China’s non-compete disputes

By Xie Yang, Zhilin Law Firm
Article 23 of the Labour Contract Law stipulates that, “the employer and employee may agree in the labour contract to keep the employer’s business secrets and confidential matters related to intellectual property rights. For employees with confidentiality obligations, the...
Investor suitability in proxy sales of wealth management products Ren Guobing Wu Nan

Investor suitability in proxy sales of wealth management products

By Ren Guobing and Wu Nan, Jingtian & Gongcheng
With the development of wealth management companies in recent years, proxy sales have become one of the top options available to wealth management companies. A unique proxy sale system gradually formed between wealth management companies and sales agents, where...
Chapter 18A listings of biotech companies on the HKEX Jane Zhang Xi Wenjing

Chapter 18A listings of biotech companies on the HKEX

By Jane Zhang and Xi Wenjing, Jingtian & Gongcheng
Since Hong Kong Exchanges and Clearing Limited (HKEX) added chapter 18A to its main board listing rules in April 2018, allowing biotech companies with no revenue or profits to be listed, Hong Kong has become the preferred listing location...
Daoism: a new kind of faith

DAOism: a new kind of faith

By Andrew Godwin
The idea for a decentralised autonomous organisation, where the rules are baked into its code with no management structure or board of directors, has emerged with the rise of blockchain technology. Andrew Godwin examines its legal status and the...
DATA CRUNCH TIME-L

Data crunch time

Many companies have been caught off guard by China’s new data laws, forcing them into hasty policy alterations. Helen Gu, general counsel of Weibo’s principal shareholder Sina Group, urges enterprises to take a more proactive approach to data governance WITH...
Criminal compliance risks in disclosures of listed companies Liu Huaying

Criminal compliance risks in disclosures of listed companies

By Liu Huaying, Grandway Law Offices
Listed companies have faced growing scrutiny in recent years of their information disclosure, as well as increasingly prominent criminal risks for violations, especially with the issue of Several Opinions of the Supreme People’s Court on Providing Judicial Guarantees for...
Determining validity of cross-border future trading contracts

Exploring validity of cross-border futures trading contracts

By Xu Zhihe and Wang Yuan, SHIAC
The claimant, a Chinese citizen, and the respondent, a Singaporean citizen, entered into an Account Mandate Management Contract dated 20 September 2017. The contract provides that the claimant entrusts the respondent with the opening of a dedicated portfolio account...
The Convention for the Unification of Certain Rules for International Carriage by Air (1999) (the Montreal Convention) reflects the modernisation and integration of the Convention for the Unification of Certain Rules for International Carriage by Air (1929) (the Warsaw...
Role Deputy Unit Chief - LEG Location Washington DC, USA Job Description The Legal Department (LEG) of the International Monetary Fund (the Fund) is seeking to fill a Deputy Unit Chief position in its Financial Integrity Group. This position is based at the Fund’s...
商法词汇

Any and All

The use of ordinary words in legal drafting can create difficulties, particularly where their interpretation is ambiguous (for examples of this, see China Business Law Journal volume 1, issue 5: “Shall” or “Must”? Words of Obligation; and China Business...
Resolving TM disputes in overseas jurisdictions He Wei

Resolving TM disputes in overseas jurisdictions

By He Wei, Sanyou Intellectual Property Agency
As more Chinese enterprises opt to register their trademarks overseas, they are finding that the process isn’t always smooth. So, what are some of the solutions to opposition or disputes to trademarks when companies venture abroad? When the overseas trademarks...
Current practice and financial impact of personal bankruptcy Wang Zhenxiang

Current practice and financial impact of personal bankruptcy

By Wang Zhenxiang, Jingtian & Gongcheng
In its Outline for the Enforcement Work of People’s Courts (2019-2023), the Supreme People’s Court proposed the launching of pilot work for functions equivalent to a personal bankruptcy system so as to lay the foundation for establishing such a...
On 8 November 2019, the Supreme People’s Court issued a notice of the Minutes of the National Courts’ Civil and Commercial Trial Work Conference, requesting courts at all levels to grasp and apply the minutes in an effort to...
Copyright-infringement-inspection-in-China-L

Copyright infringement inspection in China

By Tim Meng and Dong Shi, GoldenGate Lawyers
In the determination of copyright infringement, concepts such as ‘access’ and ‘substantive similarity’, introduced in relevant US laws, often prove valuable to courts in China On 18 March 2021, the Beijing Intellectual Property Court held its second-instance hearing of the...
Trends-in-the-regulation-of-insurance-agencies

Trends in the regulation of insurance agencies

By Xiang Danyang and Li Wencheng, AnJie Law Firm
The China Banking and Insurance Regulatory Commission (CBIRC) has made concerted efforts in recent years to strengthen administration and supervision of insurance agencies. Since the 2018 merger of the banking and insurance regulatory commissions, insurance intermediaries have faced increasingly...
Highlights of draft amendment to Company Law Li Weiming

Highlights of draft amendment to Company Law

By Li Weiming, Tiantai Law Firm
The latest draft amendment to the Company Law was deliberated on and opened up for public comment on 24 December 2021, adding and substantively revising about 70 articles of the current Company Law comprising 13 chapters and 218 articles. Expanding...
Nokia-Lenovo-dispute-All-s-well-that-ends-well-L

Nokia-Lenovo dispute: All’s well that ends well

By Pravin Anand and Vaishali Mittal, Anand and Anand
The IP dispute provides a lesson on where parties can prioritise mutual benefits to resolve their differences, write Pravin Anand and Vaishali Mittal E arly 2021 saw Nokia and Lenovo, once embroiled in a series of disputes across multiple jurisdictions, reach...
Regulatory landscape for debt capital markets-L

Regulatory landscape for debt capital markets

By Aditya Bhargava and Sristi Yadav, Phoenix Legal
Rather than being overly prescriptive, applying an even-handed approach to regulations will better serve the SEBI’s overall goals, write Aditya Bhargava and Sristi Yadav Traditionally, debt raising in India has been skewed to borrowings from banks. From a macroeconomic perspective, borrowings from banks...
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Role of SEBI in ‘year of IPOs’

By Manshoor Nazki, IndusLaw
The capital markets regulator has facilitated IPOs in 2021, but has also sought to deter large shareholders from using them as an avenue for quick company exits, writes Manshoor Nazki The year 2021 has undoubtedly been one of the best for...
Changing M&A regulations in supply chain finance Mark Wang

Changing M&A regulations in supply chain finance

By Mark Wang, East & Concord Partners
Supply chain finance has been growing in importance in recent years. In September 2020, eight state ministries and commissions, including the People’s Bank of China, issued the Opinions on Standardising the Development of Supply Chain Finance to Support the...
Common excuses SOE personnel use to dodge liability Wang Yong Zhao Shuyan

Common excuses SOE personnel use to dodge liability

By Wang Yong and Zhao Shuyan, DOCVIT Law Firm
When seeking to avoid liability for damages arising from work practices, state-owned enterprises (SOEs) often fall back on three basic excuses: Collective decision-making; following a superior’s orders; and having a non-professional background. The underlying logic of all three excuses...
Role Associate, Hong Kong (3-6 PQE) - 16785/VTA Location Hong Kong, China Job Description Our client, a leading UK law firm which provides high quality private client advice, is seeking a Tax Associate to join their team in Hong Kong to support the growing...
Role Corporate Associate (4-6 PQE) - 16780/VTA Location Hong Kong, China Job Description Our client is one of the most prestigious UK law firms serving leading corporates, financial institutions, and government clients. Their corporate team in Hong Kong is hiring a Corporate Associate with...
Deals of the Year 2021-opener_img_3

Deals of the Year

Deals of the year 2022 Deals of the year 2020 Deals of the year 2019 Deals of the year 2018 Deals of the year 2017 Deals of the year 2016 Deals of the year 2015 Deals of the year 2014 India Business Law...
Prevention and control of IP risks by SMEs Frank Liu

Prevention and control of IP risks by SMEs

By Frank Liu, Shanghai Pacific Legal
For a small or medium-sized enterprise (SME) to gain a foothold in a highly competitive market, innovation is pretty much indispensable. But as regulators are growing more stringent in their compliance reviews of market entities, SMEs in particular will...
Compliance of listed companies with new regulations on external security Yao Xiaomin Wang Yumo

Compliance of listed companies with new regulations on external security

By Yao Xiaomin and Wang Yumo, Lantai Partners
An alarming number of companies – many listed – became mired in debt and were even pushed to the edge of bankruptcy in recent years due to the illegal provision of external security. To tighten control over listed companies...
Running-with-the-bulls-L

Running with the bulls

By Georgy Thomas
With funds raised from ipos in india at an all-time high, it is the enthusiasm of retail investors that is fuelling the charge. Georgy Thomas reports It was a record year – a stampeding bull market in 2021 that ran in...
Cheques and balances

Cheques and balances

The number of criminal cases filed against cheque defaulters has overwhelmed India’s judicial system. One obvious solution is to decriminalise what is often a civil dispute, but lawyers aren’t convinced that’s the answer. George W Russell reports When the Bank...
Desai & Diwanji advised PE investor Greater Pacific Capital when it acquired an approximate 14% stake in Muthoot Microfin, the microfinance arm of Thiruvanathapuram-based Muthoot Pappachen Group, for INR3.7 billion (USD50 million). AZB & Partners advised Muthoot Microfin and JSA...
S&R Associates represented NSE and BSE-listed IRB Infrastructure Developers in its INR53.47 billion (USD713.5 million) preferential equity issue on a private placement basis to Cintra INR Investments for a 24.9% stake, and Bricklayers Investment for a 16.9% stake. Touchstone Partners...
Shardul Amarchand Mangaldas & Co (SAM), Brandl Talos and Bird & Bird advised Think & Learn, which operates as Byju’s, when it acquired Austrian mathematics education service provider GeoGebra. Taylor Wessing advised GeoGebra. The deal was announced on 8 December,...
Link Legal advised Probus Insurance Broker, a Mumbai-based insurtech company, when it received a USD6.7 million boost from a fund managed by BlueOrchard. Wadia Ghandy & Co advised BlueOrchard. The deal was announced on 8 December. Link Legal’s team comprised associate...
SNG & Partners advised real estate developer TDI Group in its joint venture with NSE and BSE-listed Godrej Properties to develop a residential project in Delhi at Connaught Place. SNG & Partners also advised a lender associated with the deal,...
2022年《民事诉讼法》修订要点解读 张光磊 张金辉

Highlights of 2022 amendments to Civil Procedure Law

By Zhang Guanglei and Zhang Jinhui, Jingtian & Gongcheng
China’s lawmakers pass the amended Civil Procedure Law (CPL) on 24 December, which came into effect on 1 January 2022 and added seven new provisions, revising 26. Online proceeding The amended CPL provides that civil proceedings may be conducted online through...
Limited challenge to foreign arbitral award enforcement Karthik Somasundram

Limited challenge to foreign arbitral award enforcement

By Karthik Somasundram and Bhavi Vora, Bharucha & Partners
In Gemini Bay Transcription Pvt Ltd v Integrated Sales Service Ltd & Anr, the Supreme Court considered whether a person who was not a signatory to an arbitration agreement could challenge a foreign arbitral award. Under a contract governed by...
Private equity and its impact on competition Vandana Pai

Private equity and its impact on competition

By Vandana Pai and Gayatri Ramesh, Bharucha & Partners
The Competition Commission of India (CCI) is presently studying private equity (PE) investment in India in order to understand the impact that common ownership may have on competition in the relevant market. The decision to conduct the study was...
Decoding the amended preferential allotment norms Rudra Kumar Pandey Amanjot Malhi

Decoding the amended preferential allotment norms

By Rudra Kumar Pandey and Amanjot Malhi, Shardul Amarchand Mangaldas & Co
On 14 January 2022, the Securities and Exchange Board of India (SEBI) introduced the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2022 (amended preferential allotment norms). These amended the provisions on preferential...
Plugging into a more efficient power sector Abhishek Tripathi Shivika Agarwal

Plugging into a more efficient power sector

By Abhishek Tripathi and Shivika Agarwal, Sarthak Advocates & Solicitors
In the budget for the financial year 2022-23, the finance minister laid the foundation for the economy during the Amrit Kaal, the 25 years ending in the 100th year of independence. A main pillar is sustainable development through a...
Offline digital transactions are now on point Sawant Singh Aditya Bhargava

Offline digital transactions are now on point

By Sawant Singh and Aditya Bhargava, Phoenix Legal
Financial sector stakeholders keep a close watch on the release of statements from the Reserve Bank of India (RBI) on developmental and regulatory policies. These statements provide guidance on the RBI’s thought processes and the direction that the RBI...
FDI a booster shot for the economy Shonali Choudhry

FDI a booster shot for the economy

By Shonali Choudhry and Srijan Srivastava, L&L Partners
In 2020, foreign direct investment (FDI) and other policies changed and ushered in a new era for the treatment of non-resident Indian (NRI) investments and income. The Ministry of Commerce and Industry in Press Note 1 (2021 series), resolved...
Investment-opportunities-in-ASEAN-post-RCEP-Lvideo

Investment opportunities in ASEAN post-RCEP

By Sriram Chakravarthi, Rajah & Tann Singapore
The Regional Comprehensive Economic Partnership (RCEP), the world’s largest free-trade agreement, took effect on 1 January 2022. The RCEP brings together 10 ASEAN countries, Brunei Darussalam, Cambodia, Indonesia, the Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand...
Personal information protection in internal corporate probes Leo Yu Diana Duan

Personal information protection in internal corporate probes

By Leo Yu and Diana Duan, Jingtian & Gongcheng
Internal investigation is a powerful tool for companies to weed out fraud, sexual harassment or other wrongdoings in the workplace. However, with the Personal Information Protection Law (PIPL), an internal investigation must contend with new compliance requirements. The PIPL requires...
In 2019, India was one of the first signatories to the UN Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention. Further to its obligations under the convention and its efforts to promote mediation...
The Supreme Court, in the matter of Committee of Creditors of Amtek Auto Limited through Corporation Bank v Dinkar T Venkatsubramanian, observed that the entire resolution process had to be completed within the period stipulated under section 12 of the...
Can covid-19 exempt developers from liability for late deliveries? Lei Zhirong Carol Chan

Can covid-19 exempt developers from liability for late deliveries?

By Lei Zhirong and Carol Chan, ETR Law Firm
In the past two years, covid-19 has broken out repeatedly across the country, affecting all walks of life. Labour-intensive construction projects, for example, suffered shutdowns or difficulty in resuming work, leading to disputes over late delivery of housing. How...
Voluntary offer, formulation of terms under IAEA safeguards Wang Jihong Xu Yibai

Voluntary offer, formulation of terms under IAEA safeguards

By Wang Jihong and Xu Yibai, Zhong Lun Law Firm
Since President Xi Jinping in September 2020 proposed the “two carbon” objectives of peak carbon by 2030 and carbon neutrality by 2060, a broad and profound systemic change in economy and society has quietly been taking place. As a...
DOTY-CBLJ-2021-L2

Deals of the year 2021

Deals of the year 2022 Deals of the year 2020  Deals of the year 2019 We look back at the most significant transactions and disputes of last year as we ring in the year of the tiger Against the backdrop of...
Role Group Legal Counsel, Regulatory (7+ PQE) - 16776/VTA Location Hong Kong, China Job Description Our client, one of the world’s largest retail groups, seeks to hire an experienced regulatory lawyer to join their Hong Kong office. Reporting to the Group Head of Regulatory,...
Risks of ‘supplier-provided rebate’ in international trade Wang Yongliangvideo

Risks of ‘supplier-provided rebate’ in international trade

By Wang Yongliang, AllBright Law Offices
A peculiar sales model, “supplier-provided rebates”, refers to the situation where a supplier sells something to a buyer at one price, and the buyer then sells the same goods to a third party at a lower price. The seller then...
Overview-of-Cayman-Islands-investment-funds-regime-L

Overview of Cayman Islands investment funds regime

By Robert Searle and James McKeon, Campbells in Hong Kong
Whether for restructuring, listing on US and Asian stock markets, launching special purpose acquisition companies or establishing investment funds, the Cayman Islands has legal frameworks to offer Asian businesses bespoke approaches in capital raising opportunities New restructuring process for...
Understanding-red-chip-structures-in-Cayman-Islands-L

Understanding red-chip structures in Cayman Islands

By Calamus Huang, Jessie Xu and Ericsson Yu, Harneys in Shanghai
Whether for restructuring, listing on US and Asian stock markets, launching special purpose acquisition companies or establishing investment funds, the Cayman Islands has legal frameworks to offer Asian businesses bespoke approaches in capital raising opportunities New restructuring process for...
New-restructuring-process-for-Cayman-Islands-L

New restructuring process for Cayman Islands

By Amelia Tan, James Noble and Vivian Siah, Carey Olsen in Singapore
Whether for restructuring, listing on US and Asian stock markets, launching special purpose acquisition companies or establishing investment funds, the Cayman Islands has legal frameworks to offer Asian businesses bespoke approaches in capital raising opportunities   Overview of Cayman Islands...
SPAC-IPO-v-traditional-IPO-A-Cayman-perspective-L

SPAC IPO v traditional IPO: A Cayman perspective

By Matt Roberts and Richard Holden, Maples Group in Hong Kong
Whether for restructuring, listing on US and Asian stock markets, launching special purpose acquisition companies or establishing investment funds, the Cayman Islands has legal frameworks to offer Asian businesses bespoke approaches in capital raising opportunities New restructuring process for...
Past,-present-and-future-of-bankruptcy-administrators-Lvideo

Past, present and future of bankruptcy administrators

By Zhang Jie, Tian Yuan Law Firm
The first bankruptcy case in China, the bankruptcy of Shenyang Explosion-proof Equipment Factory, occurred in the early 1980s, serving as the prelude to enterprise bankruptcy practice in China. Now, 17 years have passed between the legislative proposal for China’s...
Beware-of-commercial-defamation-when-defending-IP-rights-L

Beware of ‘commercial defamation’ when defending IP rights

By Li Jialin, Tiantai Law Firm
When it comes to protecting IP rights, both litigation and administrative proceedings can be time-consuming options. Maybe there is a better way? Might it be possible to, for example, hint at the competitor’s nature as an infringer? Or, if...

Compliance for NFTs and digital collectibles in China

By Zhang Feng, V&T Law Firm
Technically speaking, non-fungible tokens (NFTs) are issued based on blockchain, which makes the related digital products open, transparent, verifiable, reliable, scarce, unique, programable and designable, giving owners a totally new experience. Related industries that provide services for the issuance, trading...
Resolving-illegal-guarantee-and-fund-occupation-in-reorganisations-L

Resolving illegal guarantee and fund occupation in reorganisations

By Wang Zhenxiang, Jingtian & Gongcheng
Article 10 of the Opinions of the State Council on Further Improving the Quality of Listed Companies provides that listed companies planning to carry out bankruptcy reorganisation should first put forward a feasible resolution for any issue of fund...
The government of India has notified the Consumer Protection (Direct Selling) Rules, 2021, to regulate direct selling companies and network marketing operations in the country. With the new rules, the government seeks to regulate the industry and provides prescriptive measures,...
The Securities and Exchanges Board of India (SEBI) has introduced a new sub-category under alternate investment funds to recognise special situation funds (SSFs). On 24 January 2022, the securities regulator notified the amended SEBI (Alternative Investment Funds) Regulations, 2012 (AIF...
Way paved for gold exchanges

Way paved for gold exchanges

The government of India has declared “electronic gold receipts” (EGR) as securities and notified the SEBI (Vault Managers) Regulations, 2021, paving the way for the creation of gold exchanges in India as well as allowing stock exchanges to facilitate...
Holding-IP-infringers-jointly-and-severally-liable-L

Holding IP infringers jointly and severally liable

By Frank Liu, Shanghai Pacific Legal
In many IP infringement cases, the right owners often find that the apparent infringer may not be the actual controller behind the infringement but merely a tool used for evading legal sanctions. When pursuing the actual infringer, right owners...
Role Legal Counsel, Investment Management (5+ PQE) - 16778/VTA Location Hong Kong, China Job Description An excellent opportunity for an experienced corporate associate looking to transit in-house or an in-house lawyer with similar deal transaction experience to join a long-established transport infrastructure investor in...
India and Singapore relax over stressed assets Dhananjay Kumar Surbhi Pareek

India and Singapore relax over stressed assets

By Dhananjay Kumar and Surbhi Pareek, Cyril Amarchand Mangaldas
The Insolvency and Bankruptcy Code, 2016 (code) provides for the comprehensive rules-based resolution of insolvent corporate debtors, and has become a significant and successful means of stressed asset resolution. The success of the code reinvigorated the distressed debt market...
Hazards of exporting dual-use technology Essenese Obhan

Hazards of exporting dual-use technology

By Essenese Obhan, Obhan & Associates
Duct tape, digital photography, microwaves, night vision equipment, even sanitary napkins will be known to trivia enthusiasts as items that were first military inventions before they were adopted for civilian use. Military inventions are not entitled to, nor may...
IBLJ News in brief January 2022

News in brief January 2022

Mayer gets banking partner Soumitro Mukerji has joined Mayer Brown in its banking and finance practice as a partner in Singapore. He joins from Hogan Lovells in Singapore, where he was a counsel. Mukerji has 15 years of experience advising...
Theft-of-company-business-opportunities-by-directors-or-management-L

Theft of company business opportunities by directors or management

By Ji Chaoyi and Suo Shiyu, East & Concord Partners
Business opportunities are paramount to a company, but from time to time directors or senior management take advantage of their positions to seek opportunities that rightfully belong to their company, causing it to suffer losses. In this regard, article 148...
Hot seat

Hot seat

Parties should clearly specify the seat of arbitration as this can be a hotbed of contention when international disputes emerge, writes Tata Capital’s Rohan Thacker The seat or situs of arbitration has long been a pivotal point steering the course...
Role Corporate Associate (3-5 PQE) - 16775/VTA Location Beijing, China Job Description If you are an ambitious and forward-thinking Associate who desires to grow your career within an outstanding international firm, then this could very well be the opportunity for you. An award-winning international...
Neeraj Dubey, formerly a partner at Singh & Associates, has joined Juris Corp as a partner at its Bengaluru office. With more than 17 years of experience, Dubey specialises in contract drafting, reviewing and negotiations, IT law, intellectual property...
Sayak Maity, a partner at AZB & Partners, has joined global law firm White & Case’s M&A practice in Singapore. Maity, who is a partner at the firm, advises global private equity funds on investments in India and the...
AZB partners move to Trilegal

AZB partners move to Trilegal

Sai Krishna Bharathan, a senior partner at AZB & Partner, has joined Trilegal as a partner in Mumbai. He is joined by M&A/PE specialists Vivek Bajaj and Shivani Kabra, along with asset management and funds specialist Pallabi Ghosal, all...
Juhi Chandel, an advocate at Aarna Law, has joined King Stubb & Kasiva (KSK) as the new director of litigation in Bengaluru. Chandel specialises in representing and advising clients on matters related to insolvency and bankruptcy, company law, mergers, intellectual property...
National plan to transport India to success Soumya Kanti De Mallik Prithviraj Chauhan

Gati Shakti: National plan to transport India to success

By Soumya Kanti De Mallik and Prithviraj Chauhan, HSA Advocates
Prime Minister Modi launched the Gati Shakti National Master Plan (plan) in October 2021. This is a multi-billion US dollar infrastructure plan for multi-modal connectivity to economic zones. The plan envisages a digital platform to integrate planning and coordination...
Role Corporate Lawyer (5+ PQE) - 16732/VTA Location Shenzhen, China Job Description A major player in the semiconductor industry is looking for an experienced corporate lawyer as a Legal Counsel based in Shenzhen to support the ongoing growth in the Asia Pacific. Report directly...
Wait-and-see-on-NFT-framework-in-Korea-L2

Wait and see on NFT framework in Korea

By Michael Kim, Daniel Lee, and Nathan Park, Kobre & Kim
The country is at a crossroad as it seeks to define virtual assets within its regulation Non-fungible Tokens (NFTs) are rising in popularity in South Korea. The country’s high-tech industry, paired with its prowess in pop culture products such as...
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Use of reorganisation service trusts in bankruptcy

By Ren Guobing and Lin Shulan, Jingtian & Gongcheng
Since its debut in the bankruptcy reorganisation case of Bohai Steel Group in 2016, the trust mechanism has routinely appeared in high-profile bankruptcy reorganisations such as that of Tewoo Group, Founder Group and HNA Group, for the purpose of...
Do shareholder activists face barriers to calling meetings? Justin Bharucha Sneha Jaisingh

Do shareholder activists face barriers to calling meetings?

By Justin Bharucha and Sneha Jaisingh, Bharucha & Partners
In Zee Entertainment Enterprises Ltd v Invesco Developing Markets Fund & Ors, the Bombay High Court considered shareholders’ right to requisition a general meeting. Invesco, a shareholder in Zee, requisitioned an extraordinary general meeting to remove the managing director and...
Role Partner- Electricity Regulatory Location New Delhi Job Description Experience in Electricity related litigation and appearance before Supreme Court, High courts, APTEL, CERC, NCLAT, NCLTs, Lower Courts, Arbitration Tribunals, and other Regulatory forums; Excellent drafting skills; administrative and managerial skills; Analytical ability, and strong attention...
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Cryptocurrencies in India: fad or future?

By Abhishek Malhotra and Bagmisikha Puhan, TMT Law Practice
Digital currencies have spread their wings into global fora, and the nation requires vision to avoid missed opportunities Cryptocurrencies have become synonymous with quick money, being cool, and participating in the future, which has impacted the minds of the current...
climate change

Earth v law

Do lawyers have a heightened responsibility to help avert a climate catastrophe? Vandana Chatlani reports In August, the Intergovernmental Panel on Climate Change (IPCC), a UN body for assessing the science related to climate change, published a damning report on...
Shareholder disputes from a foreign investor perspective Inder Raj Gill Avichal Prasad

Shareholder disputes from a foreign investor perspective

By Inder Raj Gill and Avichal Prasad, Kochhar & Co
Investing in India can be challenging, with myriad central and state level laws, as well as cumbersome sector-specific requirements. Often, foreign investors seek relationships with local promoters to overcome these hurdles. However, difficulties increase when investors become embroiled in...
RBI further extends deadline for deletion of card-on-file data Shilpa Mankar Ahluwalia Shobhit Shukla

RBI further extends deadline for deletion of card-on-file data

By Shilpa Mankar Ahluwalia and Shobhit Shukla, Shardul Amarchand Mangaldas & Co
On 23 December 2021, the Reserve Bank of India (RBI) further extended for six months the deadline for removal of card-on-file (CoF) data. Payment aggregators (PAs) and merchants may thus continue to store customer card credentials until 30 June...
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Using equity transactions to transfer control of state-owned land

By Yao Xiaomin and Wang Chengtao, Lantai Partners
Under article 39 of the Urban Real Estate Administration Law, transfer of state-owned land use rights is conditional on the payment of all land grant premiums, the obtaining of land use rights certificates, and a certain degree of progress...
The Securities Exchange Board of India (SEBI) has issued a consultation paper to review guidelines for preferential issues regarding pricing, lock-in requirements, pledging of securities and other procedural matters. “In order to facilitate fundraising by the issuers through preferential allotment...
The Securities and Exchange Board of India (SEBI) has issued amendments to disclosure requirements on related party transactions (RPTs) for listed companies. The new requirements will come into force with effect from 1 April 2022. The SEBI circular sets out...
The government of India has invited comments for its Draft Mediation Bill, 2021, a standalone law to facilitate mediation, especially institutional mediation, for the resolution of disputes. India was an early signatory to the UN Convention on International Settlement Agreements...

Scale-based regulation for NBFCs – A pragmatic approach

By Nishtha Arora and Soumyajit Mitra, SNG & Partners
Recognising the contribution of non-banking financial companies (NBFCs) to the banking system and the need to review the existing regulatory framework due to their changing risk profile, the Reserve Bank of India (RBI) in its October 2021 notification introduced...
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When does CCI consider low pricing predatory?

By Lagna Panda and Prachi Agarwal, Chandhiok & Mahajan
Predatory pricing can be an abuse of dominance under Indian competition law. While the Competition Commission of India (CCI) is yet to issue a final ruling on predatory pricing by an enterprise, its decisions provide guidance, though limited, on...
Philippines Law Firm Awards 2023 Philippines Law Firm Awards 2022 Philippines Law Firm Awards 2020 Philippines Law Firm Awards 2019 Philippines Law Firm Awards 2018 Asia Business Law Journal names the top law firms in the Philippines in 2021. Mithun Varkey reports After a forgettable...
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Horizontal competition in IPOs and ‘relevant market’ in anti-monopoly

By Pan Bo, Grandway Law Offices
In the course of an IPO, financing or restructuring of an enterprise, whether there is horizontal competition between the issuer and other companies controlled by its actual controller is among the key issues for review. Likewise, in the course...

Carbon-neutral policies in Japan

By Koji Fukatsu, TMI Associates
Asian policymakers have laid down frameworks to ensure public and private sector involvement in tackling the climate crisis China India Indonesia Japan   The government of Japan has declared its intention to be carbon neutral by 2050, and companies are now considering and implementing various...
video

Carbon-neutral policies in Indonesia

By Denia Isetianti Permata and Robert Reid, Soemadipradja & Taher
Asian policymakers have laid down frameworks to ensure public and private sector involvement in tackling the climate crisis China India Indonesia Japan   As the climate crisis becomes more apparent, businesses are taking a critical role in implementing strategies to help Indonesia achieve its net-zero...

Carbon-neutral policies in India

By Manisha SIngh and Pradeep Kumar Kamal, LexOrbis
Asian policymakers have laid down frameworks to ensure public and private sector involvement in tackling the climate crisis China India Indonesia Japan   To become real from being a mere global buzzphrase, carbon neutrality would require comprehensive strategies and concerted actions across all sectors at...

Carbon-neutral policies in China

By Charles J Yao, Jingtian & Gongcheng
Asian policymakers have laid down frameworks to ensure public and private sector involvement in tackling the climate crisis China India Indonesia Japan   As one of the first 10 parties to the 1992 UN Framework Convention on Climate Change, China is an active participant in...
Asian policymakers have laid down frameworks to ensure public and private sector involvement in tackling the climate crisis China India Indonesia Japan CHINA As one of the first 10 parties to the 1992 UN Framework Convention on Climate Change, China is an active participant in...
China Business Law Journal

Forward motion

China’s economic progression is confronted with a typical synchronisation of old and new issues as a developing country, an example being the incompleteness of a basic market exit mechanism, even as the fresh impacts arising from a digital era...
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Cross-border medical data compliance in new era of regulation

By Zhou Hanshuo, Jingtian & Gongcheng
The past year has seen China’s data security framework take shape, raising compliance requirements for entities engaged in data processing, with the Data Security Law and the Personal Information Protection Law (PIPL) coming into force, rounded off with the...
IP dimension of NFTs,Mamta Rani Jha,Inttl Advocare in New Delhi

IP dimension of NFTs

By Mamta Rani Jha
Mamta Rani Jha looks at NFTs through the prism of intellectual property and discusses possible issues that may arise when dealing with them One of the most discussed applications of blockchain today is the non-fungible token (NFT), a crypto-asset that...

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