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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)....
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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...
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...
Influence-marketing-stops-where-the-law-begins-Obhan-&-Associates

Influence marketing stops where the law begins

By Ashima Obhan and Shuchi Dutta, Obhan & Associates
“With great power comes great responsibility.” This has never been more true than regards the digital landscape in which we find ourselves. The strengthening of the digital infrastructure means that we are consuming more content than ever. India has...
Shreya Sircar Bharucha & Partners

Lack of avenue to opt out makes government contracts inequitable

By Shreya Sircar and Jyotsna Punshi, Bharucha & Partners
Public sector enterprises, and other government entities (government) regularly execute commercial contracts with private entities or private contracting parties. These contracts often follow bids submitted in response to government tenders, and usually contain standard terms that leave the private...
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Professional sports deserve professional arbitration system

By Fu Xiangyu, Beijing Arbitration Commission/Beijing International Arbitration Centre
Disputes involving athletes draw greater attention in the era of professional sports, with their great wealth and commercialisation. In particular, disputes between star players and their clubs or national teams have aroused widespread concern in society. But when an...
The State Taxation Administration (STA) recently released Bulletin No. 24, introducing a new simplified process for the administration of unilateral advance pricing arrangements (UAPAs). Key takeaways The Chinese tax authorities are increasingly willing to accelerate the APA process...
China has strengthened its commitment to investigate commercial bribery offences, as indicated by two recent legislative developments — the Guiding Opinions on Establishing a Mechanism for Third-party Supervision and Evaluation of the Compliance of Enterprises Involved in Cases (for...
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Guidelines for national carbon emissions trading

By Zhao Shujie, East & Concord Partners
As a market-based policy tool for energy conservation and emissions reduction, the carbon emissions trading system follows the cap-and-trade principle, with the government setting a cap on the carbon emissions for one or more industries. For every ton of...
On 15 September 2021, the People’s Bank of China (PBOC), together with nine other government departments, jointly issued the Notice on Further Preventing and Handling the Risk of Speculation in Virtual Currency Transactions. In recent years, increasing speculation surrounding the...
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How financial institutions reorganise via creditor committees?

By Wang Zhenxiang, Jingtian & Gongcheng
When heavily indebted non-financial companies suffer a liquidity crunch or default on repayment, creditors can often panic and spark an all-out scramble to recover their money that seems to be intent on squeezing the debtor company dry. To provide...
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Collection and use of personal information by corporate apps

By Wei Jie, Tiantai Law Firm
Companies are increasingly using their own apps to tap the growth in e-commerce, capturing the personal information of users and improving their ability to customise and tailor their products to customers. While this undoubtedly means more convenience for consumers,...
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China’s personal information protection regime is complete

By Li Chunyi, Zhongzi Law Office
A flurry of legislation has completed the initial stage of the protection of personal information, covering all aspects of this developing area. First, there was the Civil Code, which came into effect on 1 January 2021, and provides the...
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Technology IP protection on the rise

By Frank Liu, Shanghai Pacific Legal
With the strengthening of intellectual property (IP) protection, and constant updates to legislative and judicial interpretations, technology IP protection has never been so strong in China. However, not every owner of technology IP rights is fully aware of the...
Nitu Agarwal left her deputy GM group legal role at Mahindra & Mahindra to set up her own firm, YNSS Law Offices, aimed at catering to clients seeking reasonably priced legal services. “While working in-house, I noticed that there weren’t...
Legal Counsel - SCMP - Hong Kong | Act as the trusted legal advisor and business partner by influencing and guiding business unit management on business decisions, contract negotiations, and legal projects as necessary.
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Rise with the tide

China’s regulatory scrutiny on platform companies and data has engaged legal departments across the country and beyond to the task of swift compliance. As the new Personal Information Protection Law completes the domestic legislative regime, Chen Yan, general counsel...
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Down to brass tax

Big tech companies have been minting tax-free dollars for years, but that is set to change. The Organisation for Economic Co-operation and Development (OECD) announced on 8 October that 136 countries had reached an agreement on a sweeping overhaul...
Delhi High Court has issued the rules for its intellectual property division (IPD) with respect to practice and procedure for the exercise of its original and appellate jurisdiction regarding matters listed before it. The IPD, which will have special benches...
Digital banking and crypto regulations in Malaysia

Digital banking and crypto regulations in Malaysia

By Rodney D'Cruz and Dato' AJ Surin, Adnan Sundra & Low
The growing use of technology has led to a seismic shift in traditional finance, and no country wants to be left behind The banking industry of the future could not have been welcomed sooner once humanity was plagued by covid-19...
The Reserve Bank of India has revised its rules for securitisation and sale of loans to help banks improve liquidity and rebalance exposures. The revamp expands the types of assets that can be transferred and allows buyers other than asset...
News-report-referring-to-trademark-not-wrongful-use-Manisha-Singh-and-Malyashree-Sridharan-LexOrbis-Oct2021

A small suffix causes big IP dispute

By Manisha Singh and Malyashree Sridharan, LexOrbis
The long-running dispute between the companies behind the online payment apps PhonePe and BharatPe has intensified. Each side claims ownership of the trademarks and suffixes PE and Pe, alleging misuse against the other. In 2019 PhonePe sued BharatPe in...
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Protection of IP dwindles at the border

By Manisha Singh and Dheeraj Kapoor, LexOrbis
The essential question of jurisdiction is often difficult, especially in disputes involving the internet activities of a foreign resident. It formed the basis of the dispute before the Delhi High Court in the case of Tata Sons Private Limited...
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How courts view responsibility of private fund managers

By Jiang Mingze and Yang Qiuci, Shihui Law Office
Investors often turn to litigation or arbitration to recoup their money when a private fund suffers losses or the returns are not up to their expectations. In this process, the responsibilities of fund managers in the stages of fundraising,...
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Must creditors review external guarantee disclosures?

By Yao Xiaomin and Xue Yuan, Lantai Partners
Since the implementation of the Civil Code, a series of judicial interpretations have been issued to clarify the law’s implementation. One such document, the Interpretations of the Supreme People’s Court on Application of the Security System in the Civil...

Skipping bids and listing: how non-compliance affects property service providers

By Li Jing and Li Jumei, Grandway Law Offices
A regular issue found with real-estate management companies that are considering listing relates to the engagement of property service providers by residential property construction companies without a due bidding process. Such non-compliance can have an impact on their listing...
Singh & Associates, an Indian law firm founded by Manoj Singh in 2002, has changed its name to S&A Law Offices. Explaining the rationale for the change, Gunita Pahwa, the firm’s joint managing partner, said: “S&A started its journey in...
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Obtaining asset preservation in mainland China and Hong Kong

By John Zhou and Zhou Yinlin, East & Concord Partners
Hong Kong’s integration into mainland China within the context of the Greater Bay Area (GBA) has seen the number of cross-jurisdictional disputes increase year by year. Encapsulated by the idea of “One Country, Two Systems, Three Jurisdictions”, this rapid...
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New internal ombudsman scheme for NBFCs

By Sawant Singh and Aditya Bhargava, Phoenix Legal
In recognition of the systemic importance of non-banking financial companies (NBFC) in credit delivery and their integration into the financial sector, the Reserve Bank of India (RBI) issued directions on 15 November requiring NBFCs meeting certain criteria to appoint...
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Open access to electricity becoming a reality

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
Bringing relief to captive projects, the Supreme Court (SC) has held that captive consumers are not liable to pay additional surcharges. Additional surcharges are charges levied by distribution companies (discom) on consumers who receive electricity from sources other than...
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Jury out on fate of cryptos, NFTs

By Raghavan Ramabadran & Sai Prashanth, Lakshmikumaran & Sridharan in Chennai
India stands on the cusp of a cryptocurrency boom even as a 2021 bill may scupper opportunities while also affecting prospects for non-fungible tokens, which are traded in cryptos. Raghavan Ramabadran and Sai Prashanth define the instruments and their predicament In November 2021, the...
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Patent Prosecution Highway – The IP Bridge between India and Japan

By Tarvinder Singh, Kochhar & Co.
A Patent Prosecution Highway (PPH) is an examination cooperation programme for patent applications between the patent offices of two countries. It allows a patent applicant to request an accelerated examination of its application pending before the second office or...
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Challenges in defining relevant markets for digital businesses

By Deeksha Manchanda and Niti Richhariya, Chandhiok & Mahajan
Defining the relevant market is the first and most significant step of antitrust analysis. It sets the scope of that analysis and provides a structure and foundation for the economic and legal assessment within it. Digitisation has radically transformed...
Post-dated cheques not a worthless paper

Post-dated cheques not a worthless paper

By Devyani Dhawan and Ayushi Parnami, SNG & Partners
In debt transactions, it is fairly standard for lenders to accept post-dated cheques (PDC) from borrowers as security for the repayment of loans. But what if such PDCs bounce upon being presented for payment? In normal practice, when a...
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Shareholder disputes cannot exclude right to arbitration

By Kelvin Poon and Avinash, Rajah & Tann
Shareholder agreements involving Indian companies are usually governed by Indian law and often contain arbitration clauses covering disputes. Where foreign shareholders are involved, such clauses frequently designate Singapore or other foreign jurisdictions as the seat. A dispute will be resolved...
CoverStory-Oct2021

Burning ambition

By Luna Jin
Amendments to key legislation may make China a Model Law country to the greatest extent possible, but will that be enough for the dispute resolution sector to be considered truly international? Luna Jin reports Practitioner's Perspective Article Series The many changes in China’s dispute...

IBLJ In-house Counsel Awards

In-house Counsel Awards 2022 India Business Law Journal reveals the country’s leading in-house counsel and corporate legal teams in our very first awards. Gautam Kagalwala reports Individual AwardsTeam Awards For the inaugural India Business Law Journal In-house Counsel Awards, we have sought...
Li-jingjue,-legal-director,-media-multinational-huayi-brothers-L8

Creative defences

Film or tv production can expose mammoth amounts of financial investment and collective creative input to losses through the theft of ideas and ownership. Li Jingjue, legal director at media multinational Huayi Brothers, examines the risks and challenges in...
Institutions-play-key-role-in-diversity-of-arbitration

Institutions play key role in diversity of arbitration

By Crystal Choy, HKIAC
International arbitration, by its nature, involves diverse parties from diverse cultures. But when it comes to the diversity of arbitral appointments, there remains widespread concern that, while there have been some successes in recent years, progress has not gone...
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Opportunities for overseas IPOs

By Bobby Majumder and David J Zylka, Frost Brown Todd
With the government set to permit the direct listing of Indian companies on overseas stock exchanges, Frost Brown Todd’s Bobby Majumder and David Zylka set down the advantages of going public on US and UK exchanges In recent years, there has been a substantial...
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Baofeng case casts light on validity of drawer agreements

By Lu Junxi, Kangda Law Firm
Companies sometimes choose to enter into agreements with partners that are not immediately disclosed or which are intentionally kept secret from third parties. Such agreements are known as “drawer agreements” in China. However, their legal validity is frequently challenged,...
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Biosafety Law: China’s new, stricter controls

By Zhou Hanshuo and Wang Xiaoyun, Jingtian & Gongcheng
On 15 April 2021, China’s sixth National Security Education Day, the Biosafety Law came into effect, providing a comprehensive, systematic and overarching law governing this key area. To highlight its growing importance, the recent 33rd Politburo collective study session...
Third-party-revocation-versus-no-repeat-litigation-林锋__Lin_Feng_L

Third-party revocation versus no repeat litigation

By Cycle Lam, ETR Law Firm
In its interpretations of the Civil Procedure Law, the Supreme People’s Court laid down the rules for how courts should handle third-party revocation actions, where a third party in an original trial makes a claim. Generally, faced with a third-party...
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Failure of consensus cropped farm laws vision

By Gautam Khurana, India Law Offices
Three farm acts introduced in 2020 as a market making programme were repealed last month after more than a year of agitation and confusion.   The main reform was the Farmers’ (Employment & Protection) Agreement on Price Assurance and Farm Services Act, 2020 (agreement...
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Tangled accounting practices fuel power disputes

By Puja Priyadarshini & Sagnik Maitra, HSA Advocates
Carrying costs and discounting factor, or discounting rate, are vital principles in calculating the relief awarded to parties in commercial disputes. Although both these economic concepts are based on the principle of the time value of money, they are...
The Supreme Court, in the 24 September judgment of National Gandhi Museum v Sudhir Sharma, observed that whether an employee after dismissal was gainfully employed was within his special knowledge and, therefore, considering the principles laid down in section...
News-in-brief-IBLJ2110

News in brief October 2021

IndusLaw hires CAM partner  IndusLaw has added Ravi Kumar, who was previously a partner at Cyril Amarchand Mangaldas, as a partner in the firm’s Mumbai office. Kumar has advised on a broad range of corporate transactions and has led high-value transactions across industries including oil & gas, ports, renewable energy, real estate, financial services, retail,...
renewable energy

Asia renewed

Renewable energy projects have blossomed across Asia. What has led to the recent boom? Vandana Chatlani reports In the past several months, green energy projects have picked up pace dramatically across Asia. In July, Thailand-based energy company Global Power Synergy purchased...
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Innovation in receivables litigation

By Fu Xiye, Hylands Law Firm
Creditors generally start legal action or arbitration proceedings based on the underlying contractual relationship, seek to preserve the bank accounts, land and real property, machinery and equipment, equity, intellectual property and other assets of the debtor, and then apply...
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Avoiding inconsistencies with affiliation in insurance fund investment

By Qi Zhanyong & Chen Jie, DOCVIT Law Firm
China’s laws and regulations covering investment in insurance asset management products fail to provide a clear consensus on the definition and application scope of affiliation. So, what guidance can be drawn from the array of disparate rules? Article 10 of...
Sachit Mathur has joined Saraf and Partners as the head of the firm’s real estate practice in New Delhi. Mathur was heading his own firm, Emerald Law Office, prior to his appointment. Before this, he led the real estate practice...
Khem Thadani, Jasprit Kaur, Adnan Sundra & Low, renewable energy Malaysia

Renewable energy regulations in Malaysia

By Khem Thadani and Jasprit Kaur, Adnan Sundra & Low
Asian policy makers are shifting focus to prioritise renewable power in their energy mixes. With various green initiatives emerging, businesses should compare the regulations in jurisdictions before investing in sustainable power generation India Indonesia Japan Malaysia The Philippines   Malaysia consists of Peninsular Malaysia and East...
Kristin Charisse Siao, Villaraza & Angangco, renewable energy Philippines

Renewable energy regulations in the Philippines

By Kristin Charisse Siao, Efren II Resurreccion and Mely Ann Emerie Cristobal,Villaraza & Angangco
Asian policy makers are shifting focus to prioritise renewable power in their energy mixes. With various green initiatives emerging, businesses should compare the regulations in jurisdictions before investing in sustainable power generation India Indonesia Japan Malaysia The Philippines   In past years, the Philippines has gained...
Yusuke Sugihara, City-Yuwa Partners, renewable energy Japan

Renewable energy regulations in Japan

By Yusuke Sugihara, City-Yuwa Partners
Asian policy makers are shifting focus to prioritise renewable power in their energy mixes. With various green initiatives emerging, businesses should compare the regulations in jurisdictions before investing in sustainable power generation India Indonesia Japan Malaysia The Philippines The adoption of renewable energy has been on...
Luky Walalangi, Walalangi & Partners, renewable energy Indonesia

Renewable energy regulations in Indonesia

By Luky Walalangi, Wisnu Renansyah Jenie and Rendi Prahara Septiawedi, Walalangi & Partners
Asian policy makers are shifting focus to prioritise renewable power in their energy mixes. With various green initiatives emerging, businesses should compare the regulations in jurisdictions before investing in sustainable power generation India Indonesia Japan Malaysia The Philippines   The government of Indonesia has shown a serious...
Deepak Chowdhury, M Arun Kumar, IndusLaw, renewable energy India

Renewable energy regulations in India

By Deepak Chowdhury and M Arun Kumar, IndusLaw
Asian policy makers are shifting focus to prioritise renewable power in their energy mixes. With various green initiatives emerging, businesses should compare the regulations in jurisdictions before investing in sustainable power generation India Indonesia Japan Malaysia The Philippines   As the world battles with the issue...
Premji Invest, the investment office of Wipro founder Azim Premji, appointed Vardaan Ahluwalia as its head of legal. Formerly a partner at Cyril Amarchand Mangaldas (CAM), Ahluwalia joined Premji Invest in October.   Commenting on his move into an in-house role, Ahluwalia said...

Offshore wind power generation in Japan

By Koji Fukatsu, TMI Associates
Nation steps up its game in renewable energy, but stringent regulation remains Japan has declared its goal to be carbon neutral by 2050, and the government intends to increase the number of offshore wind power plants (OWPPs) to the greatest...
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FAQs miss bullseye on IT rules

By Freny Patel
The government’s attempt at providing clarity to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in the form of a frequently asked questions (FAQ) document has failed to address the most controversial aspects, including the...
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Choosing a venue for arbitration

By Nathan Wong and Jacky Tsai, Haldanes
Arbitration is becoming increasingly popular as a means of alternative dispute resolution in both mainland China and in Hong Kong. Arbitration offers the advantage of privacy when compared with litigation in court. It also allows for more speedy resolution...
Holding-employees-liable-for-damages-in-court

Holding employees liable for damages in court

By Leo Yu & Xu Minghong, Jingtian & Gongcheng
It is quite common for employers to suffer financial losses for employees' wrongdoings in the course of their duties, which can trigger non-compliance or disrupt a company’s labour management. Far less common, however, is for those employers to successfully...
Hong Kong is proposing to allow listings of special purpose acquisition companies (SPACs) to catch up with its global counterparts. The SAR’s biggest Asian competitor, Singapore, gained a head start by allowing SPAC listings on its bourse in early September. Also...
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Holding foreign shares under red-chip structures

By Huang Peng, East & Concord Partners
The majority of mainland Chinese mainland companies opt to list shares overseas by using a red-chip structure – that is, one in which, say, a Cayman Islands firm will serve as the publicly traded entity and the original domestic...
An Asia Business Law Journal survey of in-house counsel in the region has revealed a shocking level of dissatisfaction with law firms that are failing to measure up to expectations on a scale that may surprise them. More than half...
news brief

News in brief

Chubb acquires Cigna arms Global insurance carrier Chubb has agreed to acquire Cigna’s life, accident and supplemental benefits businesses in South Korea, Taiwan, New Zealand, Thailand, Hong Kong, Indonesia and Turkey for USD5.75 billion. Wachtell Lipton Rosen & Katz and...
Deal-hightlight-Oct2110

Deal highlights

Debt capital markets On 11 October, the Shenzhen municipal government completed the issuance of RMB5 billion (USD783,000) offshore multi-tranche renminbi bonds in Hong Kong, marking the first time a local government in China has issued offshore bonds. The issuance comprises three...
朱志平_Zhu_Zhiping-10-questions-for-China’s-media-and-entertainment-industry-v3video

10 questions for China’s media and entertainment industry

By Steven Zhu, Global Law Office
  1. What sectors are covered by China’s media and entertainment industry? China’s media and entertainment industry generally includes film, television, printing and publishing, music, sports, gaming and new media. 2. Are foreign investors permitted to produce or distribute films and TV...
Norton Rose Fulbright is expanding its Beijing practice with the arrival of corporate partner Jerry Li, who joins from Hunton Andrews Kurth. Li has 20 years of China outbound experience and has been involved in numerous projects and transactions in...
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Goodwin expands HK funds team

Goodwin appointed Phil Culhane and Elyn Xing as partners in the global private investment funds practice in its Hong Kong office. Culhane and Xing previously worked together at an international law firm. Culhane has more than 30 years of experience...

Holding core personnel liable for theft of trade secrets

By Zeng Di, Zhilin Law Firm
In February this year, the Supreme People’s Court (SPC) imposed a record RMB159 million (USD25 million) in damages for violating Jiaxing Zhonghua Chemicalon’s trade secrets, and ordered defendants including Wanglong Group and Fu Xianggen to cease all infringement. Indeed, annual...
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Emerging trends in asset management product disputes

By You Yang & Zhang Shuxiang, Han Kun Law Offices
Just as asset management products are growing in diversity, so too are disputes over them: from those between investors and managers on the “capital end”, managers and counterparties on the “asset end”, and disputes arising from the “nested structure”...
China’s-courts-embrace-online-litigation-陈程_Chen_Cheng-张光磊-Zhang_Guanglei-Jingtian-v2

China’s courts embrace online litigation

By Zhang Guanglei & Chen Cheng, Jingtian & Gongcheng
The covid-19 pandemic has accelerated a recent trend towards online litigation in China, which has begun to build a system to handle what has now become a regular court activity. The Supreme People’s Court (SPC) has issued a series of...
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Comparing drug patent linkage in China and the US

By Pang Dongcheng and Li Dongxiu, Sanyou Intellectual Property Agency
Drug patent linkage originated as an innovation from the 1984 Hatch-Waxman Act in the US to provide legal solutions to potential patent infringements before a generic drug launches into the market. It refers to procedurally linking the approval of...
Merits & Tree Law Offices has appointed Shannon Shen as a partner in its Shanghai office. Prior to joining Merits & Tree, Shen worked with Jingtian & Gongcheng, Grandall Law Firm and Guantao Law Firm. She has experience in dispute...
Hylands Law Firm has hired Shen Suran and Yuan Juan as partners in its Beijing office, a move to strengthen the firm’s competitiveness in dispute resolution and entertainment, media and internet. Shen joined Hylands from Beijing-based Zhongwen Law Firm, where...
Asian policy makers are shifting focus to prioritise renewable power in their energy mixes. With various green initiatives emerging, businesses should compare the regulations in jurisdictions before investing in sustainable power generation India Indonesia Japan Malaysia The Philippines INDIA As the world battles with the issue...
Wealth Management Connect (WMC), a cross-border investment scheme linking Hong Kong, Macau and Guangdong province, got off to a smooth start on 19 October, unlocking opportunities for banking and asset management in the region. The programme enables residents in Hong...
Cyril Amarchand Mangaldas (CAM) has received its foreign law practice licence to operate in Singapore, and brought on board Vivek Kathpalia, a former partner and head of Nishith Desai Associates’ (NDA) Singapore office.  “We are not here simply to business develop, or be a...
王霁虹,-Wang-Jihong,赵蕙骐,-Zhao-Huiqi,-Zhonglun-BRI

CIAC jurisdiction over construction disputes in the Philippines

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm
The Philippines formally established the Construction Industry Arbitration Commission (CIAC) in February 1985 under Executive Order No. 1008, which granted the new body original and exclusive jurisdiction over all construction-related disputes. Legal source To quote section 4 of Executive Order No....
Law and liability in the age of self-driving cars

Law and liability in the age of self-driving cars

By Nancy Nan, AnJie Broad Law Firm
The world’s biggest carmakers are racing to get into pole position in the emerging world of autonomous vehicle (AV) technology. But as the industry hurtles forwards at breakneck speed, where does China stand in terms of the laws and...
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Devil in the e-detail

The government is keen to support the growth of online trade, but its draft e-commerce rules could have the opposite effect. Freny Patel reports India’s draft e-commerce rules have come under fire from industry experts who warn that, if passed...

Avoiding compliance shocks in solar power plant investment

By Yuan Wenqing, AllBright Law Offices
As China sets its sights on reaching “peak carbon” with a view to ending net emissions in line with its commitments under the 2015 Paris Agreement, the photovoltaic (PV) industry offers a host of opportunities. From commercial banks and...
JunHe has appointed Joyce Zhang as a partner in its Shanghai office focusing on corporate and M&A, life sciences and healthcare, private equity, financing and compliance. Zhang spent six years at then King & Wood before entering China’s medical and...
Han Kun Law Offices has hired Ellen Mao in its Shanghai office. Prior to joining Han Kun, Mao was the chief compliance officer of Maxwealth Fund Management, where she was fully responsible for building the company’s legal and compliance structure....
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IP expert returns to Fangda

Sun Muran joins Fangda Partners as a partner in the IP practice, returning to the firm that started her career. She started her career at Fangda and worked as an associate for six years in the firm’s IP litigation group....
International law firm Hughes Hubbard & Reed has appointed Christine Kang, a 10-year veteran of JunHe, as a partner in its New York office, building on its strong reputation in China. Kang’s practice is focused on representing Chinese companies, especially...
China Business Law Journal is conducting extensive research for the 2021 CBLJ In-house Counsel Awards. We would be most grateful if you would take a few moments to nominate any China-focused general counsel and/or in-house legal teams that you feel deserve recognition. Please click here for the...
Korea awards

Korea Law Firm Awards 2021

Asia Business Law Journal names the top firms in South Korea. Lim Miran and Putro Harnowo report South Korea has achieved an enviable growth rate, as affirmed in a recent upgrade by the UN Conference on Trade and Development, reclassifying...
Who’s in control?, Shivanand Pandit

Who’s in control?

The markets regulator has begun a process to move away from the broad concept of promoter to controlling shareholders in order to better identify who’s in charge. Shivanand Pandit reports Paving the way for a notable change in the way...
Mr ML Bhakta, the senior partner of Kanga and Company, passed away recently at the age of 89 due to heart failure.  Even in the past few years, Mr Bhakta had continued to remain active in the legal profession and his advice and professional services...
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Hard talk

Do you really want to find out? Our survey gets the real opinions of regional in-house counsel when it comes to legal services from law firms, and they’re not pulling any punches. Putro Harnowo reports Having law firms on your...
Role Assistant General Counsel/Advisor - Legal Department Location Washington DC, USA Job Description The Legal Department of the International Monetary Fund (IMF) is seeking to fill a three-year term Assistant General Counsel (AGC)/Advisor position focusing on good governance and anti-corruption to help meet the...
China is on track to set up its third stock exchange, this time in Beijing, to support innovative small and medium-sized enterprises (SMEs). The plan for the Beijing Stock Exchange (BSE) was revealed by President Xi Jinping at the opening...
China launched the long-awaited southbound leg of Bond Connect on 24 September, lowering barriers for mainland institutional investors trading in offshore debts. The scheme completes the loop for the bond trading link between the mainland and Hong Kong – more...
AnJie Law Firm in China has entered into a merger agreement with another major Chinese law firm, Broad & Bright, to form Anjie & BB Law Firm in January 2022, representing one of the largest law firm mergers in...
Shardul Amarchand Mangaldas & Co (SAM) has launched an e-learning platform for its continuing cloud-based and artificial intelligence-enabled legal education effort. The platform, CLEmentine, contains curated video content and more than 200 courses. Deepa Mookerjee, head of learning and development at...
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India-Singapore corridor bridges fintech regulatory hurdles

By Arjun Goswami, Cyril Amarchand Mangaldas
The fourth industrial revolution has allowed fintech companies to transform the delivery of financial services through technology and innovation-driven efficiency and inclusive access. Technology has automated financial services and products as well as processes like risk management. The scale...
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Setting the line between innovation and privacy

By Seerat Bhutani and Ashima Obhan, Obhan & Associates
Popular movies envisage futures in which advanced artificial intelligence (AI) becomes too powerful, enslaving and controlling humans. While the idea of world domination by AI may be far-fetched, the increasing and unregulated use of AI certainly poses a risk...
China Business Law Journal

Turning the tide

Just as we were nearing the end zone of the covid ordeal, a wave of radical regulatory reforms has surged over the beachline of corporate compliance, bringing with it a flow-on of business transformations. On the bright side, however,...
Asia eyes Jersey digital asset funds, Susan McKinstray, Carey Olsen

Asia eyes Jersey digital asset funds

By Susan McKinstray, Carey Olsen
There has been a surge in Asia-based fund managers looking to establish digital asset funds and holding structures in Jersey The digital assets space, similar to the durian fruit, can divide opinion. With a global crypto market cap of USD2.3...
NFT regulations comparison, Lee and Li, Taipei, Taiwan

NFT regulations in Taiwan

By Abe Sung and Eddie Hsiung, Lee and Li
Blockchain technology has created ripples worldwide by turning art, music, videos and in-game items into digital assets, puzzling regulators into a cautious waiting game. But for how long? And where to from here? India Indonesia Japan The Philippines Taiwan Taiwan New applications of cryptocurrency and blockchain...
NFT regulations comparison, Gorriceta Africa Cauton & Saavedra, Metro Manila, Philippinesvideo

NFT regulations in the Philippines

By Mark Gorriceta, Liane Stella Candelario and Richmond Montevirgen, Gorriceta Africa Cauton & Saavedra
Blockchain technology has created ripples worldwide by turning art, music, videos and in-game items into digital assets, puzzling regulators into a cautious waiting game. But for how long? And where to from here? India Indonesia Japan The Philippines Taiwan The Philippines A recent primer by the...

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