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IBC offers attractive options for M&A deals Gautam Khurana

IBC offers attractive options for M&A deals

By Gautam Khurana, India Law Offices
The Insolvency and Bankruptcy Code, 2016 (IBC) has gradually evolved but, following a number of amendments, now offers a value route for M&A transactions. Corporate insolvency prior to 2016 was a disordered process but the IBC brought a breath...
In the market for a distinctive trademark Manisha Singh Shreyashi Mazumdar

In the market for a distinctive trademark

By Manisha Singh and Shreyashi Mazumdar, LexOrbis
In the recent case of Walmart Apollo Llc v Aayush Jain and Anr, the Delhi High Court dealt with allegations that the defendants were not acting in good faith and had not in good faith adopted a mark. The plaintiff...
No confusion by design over fashion trademark

No confusion by design over fashion trademark

By Aprajita Nigam and Aarushi Mishra, LexOrbis
In AMPM Fashions Pvt Ltd v Akash Anil Mehta, Partner of AMPM Design and Anr, the plaintiff applied to the Delhi High Court for interim relief against the defendants, the partners of AMPM Designs, for infringing its trademarks. The plaintiff...
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NBFCs are now subject to prompt corrective action

By Sawant Singh and Aditya Bhargava, Phoenix Legal
In October 2021, the Reserve Bank of India (RBI) released a scale-based regulatory framework for non-banking financial companies (NBFC) to tackle systemic risks posed by the sector. Continuing its steady march forward in aligning the regulatory frameworks applicable to...
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Legal thought

THE TERM “LEGAL THOUGHT” is often used as a general concept to describe the ways in which people in different societies or cultures think about the purpose and role of law. A related, more technical term is “jurisprudence”, which...
In the face of data requests from law enforcement agencies, conflicting legal requirements from home country and foreign jurisdictions are putting multinational tech companies in an unprecedented dilemma. How should they respond? Pan Cong, general counsel of SHAREit Group...
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E-smoke & mirrors?

By Lalit Bhasin
The existence of differing treatments for tobacco cigarettes and their electronic counterparts is unconstitutional and illogical, writes Lalit Bhasin The recent approval by the US Food and Drug Administration (FDA), in mid-October 2021, for marketing of e-cigarette products in that country...
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Is guaranteed minimum income in private placements effective?

By Liu Shanqiao, ETR Law Firm
Disputes over investment and financing of listed companies, due to the large amounts and the complex legal issues involved, are subject to heated debate once litigated, and the final judgment can have wide ramifications for the entire financial market....

Forbidden not forgotten

Indonesia’s top clerical body has declared that cryptocurrencies are forbidden under sharia law, alarming millions of crypto investors in the world’s largest Muslim population. Putro Harnowo reports Cryptocurrencies have been catching on quickly around the world, and Indonesia has been...
Ashurst and its Singapore formal law alliance ADTLaw advised DBS Bank and the United Overseas Bank as mandated lead arrangers, lenders and hedging banks on their SGD86.8 million (USD64.4 million) green loan financing for the largest clean energy project...
Skadden advised Bank of America Securities, Morgan Stanley and Mizuho Securities USA as the joint bookrunners and lead managers in a USD1.35 billion offering of senior notes by Renesas Electronics, a Japanese semiconductor manufacturer. Renesas intends to use the net...
South Korean entertainment and mass media company CJ ENM has struck a deal to acquire an 80% stake of the US-based global premium content studio, Endeavor Content, from its parent company Endeavor Group Holdings. O’Melveny & Myers (OMM) advised CJ...
Baker McKenzie helped grant USD35 million in facility credits to the Export-Import Bank of Thailand (Thai EXIM Bank) and the Joint Stock Commercial Bank for Investment and Development of Vietnam (BIDV), which will be distributed to Truong Thanh Quang...
Mayer Brown has advised Japanese electricity provider Chubu in acquiring 20% of the ordinary shares of Bitexco Power Corporation (BPC), Vietnam’s leading private renewable power company. The transaction marks Chubu’s first investment abroad in a renewable power company. “There is...
The Shanghai Data Exchange (SDE), a platform providing centralised trading of processed enterprise data, was officially launched on 25 November, with the first batch of listings covering eight sectors including finance, transport, telecoms and power. The Industrial and Commercial Bank...
Mayer Brown had added Paul Moloney as a partner in its corporate and securities team in Hong Kong. Moloney joined from Eversheds Sutherland, where he was a partner leading the firm’s Asia team of investment funds and asset management. He has...
The Hong Kong International Arbitration Centre (HKIAC) has appointed its vice-chair, Briana Young, as chair of its proceedings committee effective from 3 November. Young was appointed vice-chair of the HKIAC in May 2020, and is a professional support consultant and...
King & Wood Mallesons (KWM) has appointed its managing partner, clients and M&A in Melbourne, Renae Lattey, as the new chief executive partner (CEP) of the Australian practice. Lattey has been a member of the firm’s Australian executive management team...
The Singapore International Commercial Court (SICC) has introduced its standalone SICC Rules 2021 to incorporate international best practices and facilitate international dispute resolution. The rules were gazetted on 2 December and will be implemented from 1 April 2022. Since its...
Latham & Watkins hired commercial litigator Dominic Geiser as a partner in Hong Kong. He joined from Herbert Smith Freehills in Hong Kong, where he was a partner for more than seven years. Geiser brings vast courtroom and commercial experience...
DLA Piper has hired George Wu as a capital markets partner in its corporate practice in Hong Kong. The firm also appointed Russell Wilkinson as a partner in its Hong Kong finance, projects and restructuring practice. Wu joined from Herbert...
Pinsent Masons has appointed its Singapore-based partner, Nicholas Hanna, as head of corporate, Asia-Pacific. Hanna will be a key member of the firm’s transactional services global leadership team, which will focus on growth, enhancing services to clients across key sectors,...
Freshfields Bruckhaus Deringer has named senior counsel Tomoko Nakajima as head of the firm’s Japan M&A practice. Nakajima joined the firm in 2002 and has decades of cross-border M&A experience. In her new role, Nakajima will continue to serve her...
SIAC appoints new CEO

SIAC appoints new CEO

The Singapore International Arbitration Centre (SIAC) on 1 November appointed Gloria Lim as the chief executive officer to succeed Lim Seok Hui, who has been in office since 2013. The centre also promoted the deputy registrar Kevin Nash as a...
VDB Loi has opened a new office in Dhaka supported by eight lawyers and tax consultants, including Osman Goni, Md Mahabub Islam Majunder, and Habibullah Shakil. Senior partner Edwin Vanderbruggen, in Yangon, said that Bangladesh was a market with a...
Walkers has appointed its Cayman Islands partner, Colette Wilkins, to lead its Asia litigation practice in Hong Kong. Wilkins will relocate and start her new role in January 2022. Wilkins has been a commercial litigator for more than 30 years,...
Kobre & Kim has opened an office in Dubai to expand its disputes and investigations offerings within the Dubai International Finance Centre (DIFC) and the greater Middle East and Africa. The new office will be led by partner Mahmoud Selim,...
Ashurst has hired Alexander Dmitrenko as a partner in its dispute resolution practice in Tokyo and Jessica Li as partner in the global markets group in Hong Kong. Dmitrenko was a former head of Asia sanctions at Freshfields Bruckhaus Deringer...
Intellectual property (IP) rights law firm Anand and Anand and Mumbai-based full-service law firm Naik Naik & Co announced on 11 November the creation of Anand and Naik. Set up as a collaboration between the Mumbai office of Anand and...
Legal news in brief

Legal news in brief

Firm founder joins DLA Piper DLA Piper has hired Kristi Swartz as a partner in its IP and technology practice in Hong Kong. Swartz joined from a boutique firm she established in 2018 – Swartz Binnersley & Associates – where...
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Evergrande and some financing options for companies in distress

By Zhu Xi and Feng Yuduo, DOCVIT Law Firm
Ever since Evergrande Group’s debt bubble burst in September this year, the company’s financial crisis has rarely been out of the headlines. On 3 December, it announced it was exploring ways to restructure its debt, including solutions to its...
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CCI throws curveball in Amazon-Future saga

By Freny Patel
A penalty of USD27 million imposed on Amazon might just be petty change for the USD1.6 trillion-dollar tech giant, but there is much more at stake, not just for the US e-tailer but more importantly the confidence of foreign...
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NFTs and the IP Conundrum

The era of digital expansion has seen non-fungible token (NFT) transactions growing from USD62.8 million in 2019 to a whopping USD250.8 million in 2020. But this growth has also promoted unsettled legal issues regarding ownership and IP, writes Patrick...
India law firm fee 2021

Getting the price right

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...
Financial markets in the region are gearing up for significant changes, with China launching its third stock exchange and Hong Kong embracing listing rules for SPACs. China Hong Kong CHINA President Xi Jinping announced the establishment of the Beijing Stock Exchange (BSE) on...
According to article 31 of the Enterprise Bankruptcy Law, the administrator has the right to request the court to rescind certain acts involving the debtor’s property that occurred within one year before the court accepts the bankruptcy application, including...
Asia Business Law Survey 2021

Asia Business Law Survey

The world is about to leave 2021 behind, the year that we thought would provide redemption from the confines of the pandemic, but that failed to deliver anything but newer strains of the virus. The real challenge was how...
The Supreme Court has held that an arbitrator allowing an application to modify an original award in the exercise of powers under section 33 of the Arbitration and Conciliation Act, 1996, was not sustainable if there was no arithmetical...

One step ahead

The days when new clients just walked through the door of a law firm are long gone. As most Asian jurisdictions restrict firms from promoting their services, marketing expert Barbara Koenen-Geerdink shares the workaround through business development strategies Like any...
The Uttar Pradesh Real Estate Regulatory Authority ordered Newtech Developers to refund (with interest) the advance paid by homebuyers over a delay in handing over possession. This finding was impugned before the Supreme Court. The first issue that the court...
News in brief - November 2021

News in brief November 2021

Poornachandran moves to AZB  Ram Kumar Poornachandran, previously a partner with Talwar Thakore Associates’ (TTA) competition practice, joined AZB & Partners in New Delhi effective 8 November. Poornachandran had earlier been at Dhall Law Chambers and moved with the firm when it...
Four Bengaluru-based partners and one New Delhi-based partner were added to IndusLaw’s equity partnership, bringing the total to 17 equity partners at the firm. The new equity partners are Anindya Ghosh, Pallavi Kanakagiri and Winnie Shekhar, who are part of...
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Refining the rescue

Bankruptcy reorganisations have gone mainstream in the past few years, a process stoked by the pandemic, as both private and state-owned businesses have sought ways to restructure their bad debts. China has taken significant strides in enabling bankruptcies, but...
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Claiming share repurchase and cash compensation in VAM

By Xie Yang and Tian Cheng, Zhilin Law Firm
The Minutes of the National Courts’ Civil and Commercial Trial Work Conference made a detailed analysis on the effectiveness of VAM (valuation adjustment mechanism), which can be summarised as follows: (1) if the investor bets against the shareholder or...
Monique B Ang

Case study for sandbox approach on open finance

By Monique B Ang, ACCRALAW 
The central bank of the Philippines, Bangko Sentral ng Pilipinas (BSP) on 17 June 2021 issued Circular No. 1122  that sets out guidelines for the adoption of the open finance framework. Open finance is part of the BSP’s digital payments...
Since 1 December 2021, the Rules of the High Court (Cap. 4A) and the Rules of the District Court (Cap. 336H) have been amended to abolish the fraud exception rule in Hong Kong. The amendments have enlarged the scope...
On 12 April 2021, the General Administration of Customs of China (GACC) issued Order No. 248, which sets out new requirements for the registration of qualified foreign food producers that are allowed to export food products to China, effective...
Arlene Lapuz Ureta

APCCA elects leader

The Asia Pacific Corporate Counsel Alliance (APCCA) has elected Arlene Lapuz Ureta as its new secretary-general, succeeding Reza Topobroto, who had served as secretary-general since 2014. Ureta will hold the role for the next two years. “I look forward to...
The Korea In-house Counsel Association (KICA) celebrated its 10th anniversary on 2 November, and to commemorate this milestone published a digital book providing a glimpse into the growth of domestic in-house lawyers in the country. The celebration was held online...
The Association of Corporate Counsel (ACC) Hong Kong organised a lunchtime seminar titled “Opportunities to Hong Kong’s legal and dispute resolutions sectors under the 14th five-year plan and the Greater Bay Area (GBA) development” at Justice Place on 14...
The 2021 Association of Corporate Counsel (ACC) Australia held its In-house Legal National Conference from 8-9 November. The virtual event was titled “Rethink limitations. Rethink possibilities. Rethink in-house.” “While we were offered sessions to assist us in our In-house capacity,...
The Federation of Indian Corporate Lawyers (FICL) took part in a webinar titled “Dispute Solution or Alternative Dispute Resolution” organised by the Confederation of Indian Industry (CII) on 16 November. The FICL’s founder and CEO, Ashok Sharma, along with...

SCCA hosts CLO Awards

For the fifth year, the Singapore Corporate Counsel Associations (SCCA) has crowned the Singapore Chief Legal Officer (CLO) Awards winners on 15 December. The virtual gala was hosted by the SCCA’s executive director, Mel Nirmala, and board member Stanley Park. “The...
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...
Following a petition submitted by three individuals and three civil organisations, the Constitutional Court of Indonesia has declared Law No. 11 of 2020 – the Omnibus Law on Job Creation, which was passed by parliament in October 2020 to...
Deal highlights 2021 November

Deal highlights

Listings Cloud Village, China’s leading music streaming platform and a spin-off from NetEase, raised HKD3.28 billion (USD421 million) in its IPO on the HKEX. Skadden advised the issuer on Hong Kong and US law. JunHe and Maples Group advised the...
DLA Piper has recruited capital markets lawyer George Wu as a partner in Hong Kong. Wu joined from Herbert Smith Freehills, where he was an of counsel in Hong Kong. His practice focuses on corporate and securities transactions, including IPOs,...
Stephenson Harwood has hired private wealth lawyer Kang Wei as a partner in its Hong Kong office. Kang joins from DLA Piper, where she was of counsel. Qualified to practice both in Hong Kong and Canada, she advises clients on...
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Shining a light on revenue allocation under EMC model

By Xu Zhihe, SHIAC
The claimant is a National Equities Exchange and Quotations (NEEQ) listed company specialising in providing lighting solutions, and the respondent is a street light management unit under a municipal government in China. The claimant and the respondent entered into...
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PIPL impact on labour management and compliance

By Tracy Liu and Larry Lian, Jingtian & Gongcheng
Employers’ collection and use of employee personal information pervades the entire process of recruitment, employment and departure. With the implementation of the Personal Information Protection Law (PIPL) on 1 November 2021, an employer that mishandles personal information will face...
Role Legal Counsel Crypto Fintech (7+ PQE) - 16767/VTA Location Tokyo, Japan Job Description Our client is a fintech unicorn which specialises in crypto assets management. They are searching for a corporate counsel to work closely with the business team based in Tokyo. You...
Role Compliance Lead - 16766/VTA Location Tokyo, Japan Job Description An exciting opportunity for a compliance professional looking for a leadership role. A fast-growing, innovative, and highly respected fintech is recruiting a Compliance Specialist to lead the crypto asset compliance function, including AML/ CFT...
patent

Proposed provisional patent application in the Philippines

By Ramon Emil Olea, Federis & Associates
Lawmakers in the Philippines are pushing for the passage of a bill that seeks to modernise the country’s IP protection, called the “New Intellectual Property Act”, which provides for a revised IP Code of the Philippines. Upon the enactment...

Continuing obligations of Cayman Islands private funds

By Elizabeth Kenny, Loeb Smith Attorneys
The Private Funds Act (2021 Revision) (PFA) of the Cayman Islands requires certain Cayman Islands-domiciled, closed-ended investment funds (private funds) to submit an application to register with the Cayman Islands Monetary Authority (CIMA) as a private fund within 21 days...

Is invisible use of TM in Google AdWords infringement?

By Madhu Rewari, Anand and Anand
With the advent of the digital age, companies are revisiting their digital advertising strategies. Google’s AdWords program is a tool used by many businesses as a part of their advertising strategy, where they display their advertisements on the Google...
India digital lending

Is India ready for a digital lending overhaul?

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
The digital lending industry in India has witnessed immense growth in recent years, posting a 12-fold increase in loan disbursement between 2017 and 2020. While this rapid growth increased credit accessibility in the country, it also brought concerns regarding...
insolvency

Issues and challenges of group insolvency in India

By Anoop Rawat and Ahkam Khan, Shardul Amarchand Mangaldas & Co
The Insolvency and Bankruptcy Code, 2016 was envisaged as a complete code governing all matters relating to insolvency, incorporating the best practices across jurisdictions. However, certain concepts were to be introduced in a phased manner, given their complexity. One...
trademark

Common problems of trademark use in China

By Christy Chen, Corner Stone & Partners
Trademark registrants are obliged to keep their registered trademarks in use on a standardised and continual basis, and maintain the distinctiveness of their registered trademarks. However, this could be a challenge for trademark holders owning a good number of...
JTJB maritime shipping

Tech challenges in Singapore, Thailand shipping sector

By Murali Pany and Warinbhorn Benjasak, JTJB
Although there is wide recognition that the adoption of tech will bring benefits, there are still significant issues that need to be addressed. Singapore: Maritime cybersecurity During a webinar at the International Maritime Organisation (IMO)-Singapore Future of Shipping event earlier this...

Capital markets regulation in Hong Kong: SPAC listing regime

By Sherlyn Lau, Raymond Oh and Meng Ding, Sidley Austin
Financial markets in the region are gearing up for significant changes, with China launching its third stock exchange and Hong Kong embracing listing rules for SPACs. China Hong Kong HONG KONG Special purpose acquisition companies (SPACs), as a viable listing alternative, have gained...
The International Trademark Association (INTA) – an association of brand owners and trademark professionals – has awarded Pravin Anand, managing partner of Anand and Anand, its 2021 President’s Award. Announcing the award on 19 November, INTA President Tiki Dare praised...
Intellectual property (IP) rights law firm Anand and Anand and Mumbai-based full-service law firm Naik Naik & Co announced on 11 November the creation of Anand and Naik. Set up as a collaboration between the Mumbai office of Anand and...
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Confidentiality in administered arbitrations

By Wang Xiaojun, HKIAC
Commercial users often resort to arbitration on the expectation that information in arbitral proceedings will be kept confidential. However, whether confidentiality is protected in arbitral proceedings is usually addressed under the law or rules applicable to the arbitral proceedings. With...
Online dispute resolution proceedings of UNCITRAL

Online dispute resolution proceedings of UNCITRAL

By Nancy Nan, AnJie Broad Law Firm
Online dispute resolution (ODR) proceedings refers to the use of a wide range of technical methods to provide online support for, or replace traditional dispute resolution. ODR proceedings share the same basic characteristics with those of alternative dispute resolution...
CBLJ-A-List-logo-Res

The A-List 2021

Discover our other annual awards Award After unprecedented market feedback and extensive editorial research, China Business Law Journal presents this year’s elite lawyers in the Chinese legal market. Kevin Cheng reports Access The A-List 2021 This year has seen the obstinate pandemic...
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A trustee’s duty: separation of trust property rights

By Wang Yan and Gao Zhuang, BAC/BIAC
A trust contract is the main basis for regulating the rights and obligations among the trustor, beneficiary and trustee, in which the trustee often holds the dominant position in the whole trust scheme. As the legal owner of the...
Ashurst has appointed Jessica Li as a partner of its global markets group in Hong Kong. Li joined from Allen & Overy. Her practice focuses on debt capital markets in Greater China, with clients including local and international banks and...
Han Kun Law Offices has appointed Chai Lu and Zhang Jian as partners of its Hong Kong joint operation and Beijing office, respectively. Previously, Chai worked as the general counsel at a private equity firm. Prior to that, she worked...
JunHe has hired David Gu as a partner in its Beijing office. Gu joined from TianTong Law Firm, where he was a partner. Previously, he had also worked for Herbert Smith Freehills, Allen & Overy and King & Wood Mallesons. He...
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Is ‘policy restriction’ a justification for idle trademarks?

By Sun Qinghua, Sanyou Intellectual Property Agency
Article 49 of the Trademark Law provides that, “where a registered trademark serving as the generic name of the designated goods stays unused for three consecutive years, any organisation or individual may apply to the Trademark Office for its...
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India’s path to carbon neutrality

By Priti Suri and Arya Tripathy, PSA
The absence of a climate change law leaves pressing concerns for India’s achievement of emission reduction goals, write Priti Suri and Arya Tripathy India is moving fast towards becoming the world’s most populous country, and is the third-largest greenhouse gas...
Mayer Brown had added Paul Moloney as a partner in its Corporate & Securities team in Hong Kong. Moloney joined from Eversheds Sutherland, where he was a partner leading the firm’s Asia team of investment funds and asset management. He has...
Jingtian & Gongcheng has added Jiang Jiaxi as a partner in Beijing. Jiang joined from Jurisino Law Group, where he was the founding partner of the firm. Qualified to practice in China, New York and Ontario, he has a wide...
King & Wood Mallesons has appointed Xiao Yong as the head of the firm’s China energy & resource practice in Hong Kong, Nicholas Molan as an international partner in Hong Kong, and Shen Guoyong as a partner in Shanghai...
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Key points for leasing companies joining bankruptcies as creditors

By Wang Shu and Zhu Jun, Han Kun Law Offices
Operating and financial leases are becoming more and more common, and the number of cases where leasing companies participate in bankruptcy reorganisations as creditors has also increased. What are key points the lessor should pay attention to when facing...
Role Associate, Regulatory (2-4 PQE) - 16760/VTA Location Beijing/Shanghai, China Job Description An outstanding opportunity has arisen with our client, a White-shoe law firm in China. They are currently looking for a mid-level Associate to join their regulatory practice, to be based either in...
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Interim measures, enforcement of extraterritorial ad hoc arbitration

By Zhang Guanglei and Celeste Shi, Jingtian & Gongcheng
A valid arbitration agreement should include a “selected arbitration committee” under China’s Arbitration Law, but ad hoc arbitration remains excluded. In this context, whether extraterritorial ad hoc arbitration, as a form of international arbitration, can be recognised by mainland...
Legasis Partners advised National Stock Exchange of India and BSE-listed KEC International on its INR630 million (USD8.3 million) acquisition of Spur Infrastructure, an engineering, procurement and construction (EPC) company engaged in setting up cross-country oil and gas pipelines and...
Trilegal advised France-based resource management group Veolia Environnement when India’s antitrust regulator approved its proposed acquisition of a stake in like-minded French multinational Suez, in a deal that values the latter at about USD14.5 billion. Khaitan & Co advised Suez...
Chandhiok & Mahajan advised Intel when the Competition Commission of India (CCI) recently passed an order stating that the chip maker had not abused its dominance of the market regarding processors for servers in India. The CCI’s order was made...
Veritas Legal advised the NSE India and BSE-listed Siemens when it executed a power purchase agreement with Sunsole Renewables and a share subscription and shareholders agreement for acquiring a 26% stake in the company for up to INR16 million...
Alaya Legal advised Indian Oil Skytanking when it won a 30-year concession to design, build and operate fuel infrastructure including a multi-user fuel farm and hydrant system at Noida International Airport. Shardul Amarchand Mangaldas & Co (SAM) advised Yamuna International...
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PCAB licence a must for Philippine contracting projects

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
Chinese companies signed 5,611 new contracts for foreign contracted projects in 61 countries along the Belt and Road in 2020, maintaining steady growth despite the heavy blow to the global economy dealt by the pandemic. In the Philippines, the...
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Drawing the line for banks handing over personal information in NPL transfers

By Cedric Ding and Emily Tan, AllBright Law Offices
Banks have broadened their channels for the disposal of bundles of non-performing personal loans following the official issuance by the China Banking and Insurance Regulatory Commission (CBIRC) of the Notice on Implementing the Pilot Program of Transferring Non-performing Loans....
Following an extensive nomination process, Asia Business Law Journal reveals the top lawyers in the country. Lim Miran and Nguyen Yen report   Access the A-List 2021 Vietnam’s economy is back on course after being hit hard by the covid-19 delta wave...

The A-List 2021

India’s most recommended lawyers and legal icons Access the A-List 2021 What a year it’s been for India’s legal profession. Following the pandemic-induced paralysis of 2020, business and finance roared back to life in 2021. M&A deals were back on the...
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Analysis of emerging trends in lease deeds

By Amaresh K Singh and Prashant Sood, HSA Advocates
Lease instruments define the rights and obligations of lessors and lessees, and deal – through law and necessity – with the contingencies and exigencies that affect leases. Leases must be adequately stamped, registered and competent, and are driven by...
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India tries unfree trade for a change

By Reena Asthana Khair, Kochhar & Co
Over the past century, free trade across borders has been seen as beneficial to global economies. Quantitative import and export restrictions against WTO members are specifically prohibited by article XI of the WTO Agreement. An exception to this provision...
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Startups find greater protection through patent applications

By DPS Parmar, LexOrbis
Startups are risky by nature and it is vital that they protect their ideas to gain investors’ confidence. It is not money but innovation that drives successful ventures. The life of an unprotected innovation is short and the loss...
AgustaWestland ban revoked, Freny Patel

AgustaWestland ban revoked

By Freny Patel
India lifted a ban in early November on defence supplier AgustaWestland and its Italian parent company, Leonardo, paving the way for the companies to participate and bid in ongoing projects and upcoming defence contracts. The companies were banned in 2015...
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Personal Data Protection Bill enables data flows from India to Singapore

By Arun S Prabhu, Cyril Amarchand Mangaldas
India has waited many years for its general data protection legislation. This key legislation will regulate the data of over 1.4 billion people, impact businesses ranging from corner stores to conglomerates, and create what may be the most powerful...
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Government enables FDI support for self-reliance

By Neha Sinha and Radhika Malpani, L&L Partners
In May 2020, the prime minister inaugurated Atmanirbhar Bharat or self-reliant India programme (ANB), and announced various economic packages to boost the economy. The main aim of ANB is to make India a global hub for manufacturing. To achieve...
Return-flight-tata

Return flight

By Freny Patel
The USD2.4 billion divestment of national carrier Air India, which was nationalised in 1953, means the airline is returning to its original owners, the Tata Group. Freny Patel explores the background to this momentous deal Note: The Tata-Air India deal...
China Business Law Journal

Change is in the air

Even with the global supply chain struggling to move forward and numerous sectors stagnant or in severe recession courtesy of the persistent pandemic, the year’s end is in sight, and it has remained hectic amid the tectonic shake-ups in...
Lexicon

Decentralised autonomous organisations

By Andrew Godwin
Previous columns have discussed the impact of technology on law and regulation. For example, one column discussed financial technology, or fintech, and the concept of smart contracts (China Business Law Journal volume 7, issue 8: Fintech and smart contracts)....
Priced-to-please-L3video

Priced to please

By Luna Jin
While several practice areas have been particularly active this year, Chinese law firms are actively optimising their billing arrangements to meet the rising demand for high-quality services in a legal market where fee structures are still dominated by businesses....
Bangladesh

A-List: Bangladesh 2021

Following an extensive nomination process, Asia Business Law Journal reveals the top lawyers in the country. Lim Miran and Putro Harnowo report VIEW THE A-LIST Bangladesh has undergone trials and tribulations on its way to becoming the rising star of South Asia,...
Compliance Manager - 16848/VTA

Associates & Sr Associates

Role Associates & Sr Associates Location Bangalore, Hosur, Denganikottai, Shoolagiri, Kelamangalam Job Description Assured Justice LLP is an emerging socially responsible full service legal services provider. Headquartered in Bangalore with over 10 offices across India, we aim at effective and affordable legal care solutions...
Role Legal Counsel (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...
Role Regional Head of BDMC, APAC - 16746/VTA Location Hong Kong, China Job Description A top-tier UK law firm is keen to hire a hands-on and experienced senior Business Development/Marketing/Communications professional to work with their Asia Pacific operations. Reporting to the Regional Chief Operating...
Role Transaction Counsel (8+ PQE) - 16754/VTA Location Hong Kong, China Job Description This is an exciting opportunity to play a meaningful role in working on strategic initiatives to grow and evolve the business. A blue-chip HK listed TMT company, is seeking an experienced...
Role Group Legal Advisor, Financial Services (8+ PQE) - 16753/VTA Location Hong Kong, China Job Description This Hong Kong-listed conglomerate with a large presence in the region is seeking an experienced legal advisor with a strong banking and payments background to support their growing...
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India tackles the difficulties of regulating cryptos

By Shilpa Mankar Ahluwalia and Shubhangi Garg, Shardul Amarchand Mangaldas & Co
Cryptocurrency regulation started in 2018 with the Reserve Bank of India (RBI) prohibiting banks from involvement in crypto-based transactions. The Supreme Court overturned the ban, leading to significant growth in the trading of cryptocurrency, largely by retail investors and...
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Competition law needs framework for private enforcement

By Vikram Sobti and Anisha Mittal, Chandhiok & Mahajan
Competition law jurisprudence in India has evolved significantly since the Competition Act, 2002 (act), came into force. However, the private enforcement of competition law infringement is yet to take off. Private enforcement claims can only be filed after contravention has...
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Homebuyers versus lenders in fight for recovery

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners
The enactment of the Real Estate (Regulation and Development) Act, 2016 (RERA), and the Insolvency and Bankruptcy Code, 2016 (IBC), were welcome reforms and well-received by stakeholders in the real estate industry including lenders and homebuyers. While the biggest...
Christopher Hunter, the former executive editor of India Business Law Journal and China Business Law Journal, passed away at his home in Berkhamsted, England, on Sunday 21 November 2021. A journalist and a scholar of Chinese, Hunter lived in Hong...
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An inconvenient moment of truth

By Vandana Chatlani
Should lawyers be shouldering greater responsibility in averting a climate crisis? Vandana Chatlani reports THE INTERGOVERNMENTAL Panel on Climate Change (IPCC), a UN body for assessing the science related to climate change, published a damning report in August on the climate...
Christopher Hunter, the former executive editor of China Business Law Journal and India Business Law Journal, passed away at his home in Berkhamsted, England, on Sunday 21 November 2021. A journalist and a scholar of Chinese, Hunter lived in Hong...
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Stepping up

By Avery Chen
Guangzhou is transforming into an advanced manufacturing hub powered by cutting-edge technology, all of which is placing greater demands on legal services. Avery Chen reports THE SOUTHERN CITY OF GUANGZHOU has played an important role in China’s history as a...
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Understanding and applying articles of CISG

By Xu Zhihe and Li Tingwei, SHIAC
The claimant in this case is a Chinese company making beverages and related food products in the field of biotechnology, while the respondent is a Vietnamese company that produces and sells food raw materials. In May 2018, the claimant...

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