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India Business Law Journal is inviting nominations for the 2021 Deals of the Year. Please click here to nominate any deals, disputes or intellectual property matters that you feel deserve to be recognised as being among the most significant India-related deals this year. Each...
loeb smith

Regulation of crypto exchanges and other crypto services in Cayman

By Santiago Carvajal, Loeb Smith Attorneys
The Virtual Asset (Service Providers) Act, 2020 (VASP Act) as amended, provides a legislative framework for the conduct of virtual assets business in the Cayman Islands, and the registration and licensing of persons providing virtual asset services. Since the...
The Japan In-House Lawyers Association (JILA), Daini Tokyo Bar Association and the Japan Association for Chief Legal Officers (JACLO) have organised a joint webinar to address how in-house legal departments and external legal resources, including outside officers and external...
Role Legal Counsel, IP/IT (5 PQE) - 16706/VTA Location Hong Kong, China Job Description French luxury group seeks a privacy and information security subject-matter expert to join Asia Pacific’s legal team based in Hong Kong. You will primarily be responsible for providing pragmatic legal...
Role Senior Regional Legal Manager (10+ PQE) - 16693/VTA Location Hong Kong, China Job Description A unique opportunity now exists for a Senior Legal Manager to join the legal team of a house of contemporary fashion brands and take on a regional responsibility role...
Sanjit Kaur Batra has joined Cummins India as its group vice president, legal. Batra has moved from New York Stock Exchange-listed International Flavors & Fragrances, where she was regional legal director for greater Asia since February. She will be based in...
India’s contentious tax dispute with Scotland-based Cairn Energy has come to an end, putting to rest corporate litigation to seize the Indian government’s properties in France, and Air India’s assets overseas. Cairn Energy CEO Simon Thomson said in early September,...
India’s antitrust watchdog has nailed United Breweries, Carlsberg India and Anheuser Busch InBev (AB InBev) for indulging in cartelisation, and the All India Brewers Association has not been spared either for the role it played in facilitating the beer...
叶菲-YE-FEI-金诚同达律师事务所高级合伙人-Senior-Partner-Jincheng-Tongda-&-Neal-解宇昊-XIE-YUHAO-rvideo

Case study: China’s first batch of urban rail ABS projects

By Ye Fei and Xie Yuhao, Jincheng Tongda & Neal
Urban rail transit has long been encouraged and supported by national policy, having been specifically mentioned in the 10th, 13th and 14th five-year plans due to its being a form of large-capacity clean transport and one of the most...
China-Carbon-neutral-ABN-asset-backed-notes

Seizing new opportunities in national strategies: Carbon neutral ABN

By Luan Jianhai, Commerce & Finance Law Offices
At the 75th session of the UN General Assembly in September 2020, President Xi Jinping pledged that China would “adopt more vigorous policies and measures” to ensure the nation’s carbon dioxide emissions peaked no later than 2030, and that...
The General Counsels’ Association of India (GCAI) signed a memorandum of understanding (MoU) on 27 September with Rajiv Gandhi National University of Law, Punjab to boost the competence of young graduates. On signing the MoU, G S Bajpai, vice chancellor...
The Association of Corporate Counsel (ACC) welcomed more than 2,000 in-house counsel to its virtual annual meeting, which featured a tailored content stream for the Asia-Pacific in-house community for the first time. ACC members from around the world, including from...
The 2021 ACC Australia In-House Legal National Conference is set to be the largest online gathering of in-house legal in the southern hemisphere. The event, held from 8-9 November, will provide feature input from in-house counsel, industry experts and market-leading...
As environmental, social and governance-related (ESG) investment and projects gain momentum worldwide, the two largest in-house counsel associations in Korea – the Korean In-house Counsel Association (KICA) and the In-house Counsel Forum (IHCF) – have joined forces to organise...
What makes a good legal website, and which firms are achieving the best online engagement? Law firm websites have a troubled history in India. For a long time they were effectively, if not explicitly, prohibited by Bar Council of India...

Managing personal information of employees under PIPL

By Xie Yang, Zhilin Law Firm
With the coming into force of the Personal Information Protection Law from 1 November 2021, companies will have to re-evaluate how they look after such data about their new, incumbent and former employees. CATEGORISING PERSONAL INFO The new law provides that...
郑宝玉-KAREENA-TEH-林朱律师事务所合伙人-Partner-LC-Lawyers-郭思锋-PHILIP-KWOK-林朱律师事务所顾问-Counsel-LC-Lawyers

How HK’s new privacy law affects electronic communication providers

By Kareena Teh and Philip Kwok, LC Lawyers
Hong Kong’s new Personal Data (Privacy) (Amendment) Ordinance criminalises doxxing and gives sweeping investigative and enforcement powers to the privacy commissioner for personal data to prosecute such acts, as well as other privacy breaches, for causing harm and/or seeking...

Workers’ rights in the Philippine gig economy

By Martin Luigi Samson, ACCRALAW 
The gig economy involves work done in digital labour platforms that include both web-based platforms – where work is outsourced through an open call to a geographically dispersed crowd (crowd work) – and location-based apps (work on demand via...
intermediaries

Role of intermediaries in protecting Indian IP

By Madhu Rewari and Madhurima Gadre, Anand and Anand
In this digital age, where social media has become all the rage and sharing content on the internet has become possible with just a click of a button, businesses need to be more vigilant on the content available on...

Will AAs revolutionise India’s financial services?

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
In accessing financial services or products, individuals are often required to share financial information stored with other entities. The lack of a centralised mechanism to access information makes the process time-consuming and often unreliable. Keeping this in mind, the...
Correspondents-CBLJ-2110

Settling disputes by mediation in Singapore and Thailand

By Naiyachon Tathong and John Sze, JTJB
Aside from arbitration or litigation, the only way for parties to attempt to resolve disputes is through constructive dialogue. Communicating through brokers and taking legal positions through solicitors (correctly or otherwise) frequently run counter to constructive dialogue. Mediation involves the...
copyrights

Copyright infringement and legal liability in China webcasts

By Fu Zhenkun and Gao Rongrong, Corner Stone & Partners
Webcasts, or broadcasts made on the internet, can be divided into live webcasts and interactive webcasts. An interactive webcast includes live broadcasts of games, shows and pan-entertainment. Anchors often use unauthorised music works where they earn income by singing...
顾正平-MICHAEL-GU-安杰律师事务所创始合伙人-Founding-Partner-AnJie-Law-Firm-向文磊-CHARLES-XIANG-安杰律师事务所律师-Associate-AnJie-Law-Firm

Complying with the new Personal Information Protection Law

By Michael Gu and Charles Xiang, AnJie Law Firm
China’s first comprehensive law governing the protection and regulation of personal information takes effect on 1 November 2021. But unlike the major changes wrought by the introduction of the Data Security Law, the Personal Information Protection Law (PIPL) is...
The Singapore Corporate Counsel Association (SCCA) has created Peers.Online, a virtual platform that serves as a connectivity hub for corporate counsel around the world. The website, which has been live since 1 September, was developed to answer the needs of...
FICL website

FICL launches website

The Federation of Indian Corporate Lawyers (FICL) launched its official website, www.ficl.org.in, on 7 October. Rohan Sharma, the FICL’s director of administration in New Delhi, said that the website aimed to keep the association in line with its ethos, engagement...
Gautam-Khurana-is-the-managing-partner-at-India-Law-Offices

Legislating our way out of air pollution

By Gautam Khurana, India Law Offices
Air pollution is one of India’s major 21st century challenges. It is a self-created crisis due to poor planning and the lackadaisical attitude of all stakeholders. India’s first brush with toxic gases and pollution was the Bhopal gas tragedy...
CSRming the fightback

CSRming the fightback

The quick evolution of corporate social responsibility regulations played a crucial role in helping companies fight the pandemic. Nitin Mittal explains how legal teams rose to the challenge CCorporate Social Responsibility (CSR) was once relegated to a quiet backwater of...
China-outbound-investment-中国跨境海外投资

Past the pit stop

With the world’s economies returning to their grid positions, both the investment appetite of PRC businesses and demand for Chinese capital are on the rise. While there are good reasons for optimism, there are challenges to overcome before global...
Chen-Yan-陈岩-贝壳-Ke-Holdings-digit-2

Sea change

A wave of new regulations has heightened the data compliance requirements for internet platforms. Ke Holdings general counsel Chen Yan shares his company’s experience of adapting and evolving to fulfil the new obligations IN THE PAST THREE YEARS, there has...
Role Regional Head of Legal (8-12 PQE) - 16665/VTA Location London, UK Job Description Exciting and innovative asset manager with blue-chip credentials is establishing its global operations in the UK and Europe. They are now seeking the Head of Legal for the European region,...
Role Regulatory Counsel (7-10 PQE) - 16699/VTA Location Singapore Job Description At the forefront of fintech, the firm seeks a Regulatory Counsel with deep knowledge of MAS regulations in relation to fund management as well as fintech and digital assets. This is a unique...
Role Senior Legal Counsel (12+ PQE) - 16697/VTA Location Singapore Job Description Join one of the fastest-growing success stories in the fintech world in Asia. Already a unicorn with a billion dollar valuation, this company seeks a senior lawyer to join a rapidly expanding...
Role Chief Compliance Officer - 16696/VTA Location Guangdong, China Job Description A leading global investment bank, seeks a Chief Compliance Officer based in Guangdong to head up a small compliance team and cover their expansion in China. You will advise on internal policies and...
Role Paralegal - Patent/ Trademark/ Docketing Location Delhi, India (Hybrid) Job Description Ideal patent paralegal handles patent prosecution, including filing relevant applications, Form 30, PoA, examination reports response, request for foreign filing, PCT applications, licenses, working statement, National Entry or Conventional applications, etc. Ideal TM...
张光磊-ZHANG-GUANGLEI-竞天公诚律师事务所合伙人-Partner-Jingtian-&-Gongcheng-陈程-CHEN-CHENG

Reciprocity is key for recognition of foreign judgments

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng
China has only concluded treaties with a handful of countries involving mutual recognition and enforcement of judgments in civil and commercial cases. The Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters has yet...
曾峥-EKIN-ZENG-锦天城律师事务所合伙人-Partner-AllBright-Law-Offices

Corporate criminal compliance in new data security environment

By Ekin Zeng and Chen Yitao, AllBright Law Offices
Companies that possess deep pools of data have the potential to reap rich rewards in today’s information age, but they must also be wary of rapidly evolving legal and regulatory boundaries that have created an escalation of criminal compliance...
王霁虹-WANG-JIHONG-中伦律师事务所合伙人-吴鹏-WU-PENG

Construction project risks in Jordan, and how to avoid them

By Wang Jihong and Wu Peng, Zhong Lun Law Firm
China is Jordan’s largest source of imports and its third-largest trade partner. In recent years, a growing number of Chinese companies have ventured into infrastructure and construction projects in the Middle Eastern kingdom. Over time, their activities have revealed...
NFTs

NFTs and the IP conundrum

The era of digital abundance 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 created unsettled legal issues regarding ownership and IP, writes Patrick...
With increasing pressure from inside and outside the boardroom for executives to make every acquisition a “bang for one’s buck,” executives looking to do M&A in the tech space are faced with the tough question of how to capture...
Happy Diwali 2021 for Linkedin

Happy Diwali

India Business Law Journal wishes all its readers a safe, bright and joyous Diwali.
Shaneen Parikh,Shalaka Patil, Cyril Amarchand Mangaldas

Party autonomy now rules in arbitration law

By Shaneen Parikh and Shalaka Patil, Cyril Amarchand Mangaldas
Recent decisions of the Supreme Court have added to what is recognised as a pro-arbitration regime. One was PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited, where the court ruled that two Indian parties were...
Ashima Obhan ,Vrinda Patodia, Obhan & Associates

Freedom of speech under threat from internet controls

By Ashima Obhan and Vrinda Patodia, Obhan & Associates
Henry David Thoreau, the famed American philosopher and environmentalist, was in no doubt that citizens are entitled to disobey unjust laws. He would surely include in that category the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,...
Eko Ahmad Ismail Basyuri Partner Rajah & Tann

India businesses to benefit from Indonesia reforms

By Ahmad Fikri Assegaf and Eko Ahmad Ismail Basyuni, Assegaf Hamzah & Partners
As year-end approaches, the government of Indonesia continues to implement the sweeping reforms brought about by the Omnibus Law (Law No. 11 of 2020) (law). The law, which has been the most comprehensive and aggressive regulatory reform in Indonesia...
Manisha Singh, Akanksha Kar, LexOrbis

Prior use trumps later trademark registration

By Manisha Singh and Akanksha Kar, LexOrbis
In the recent case of Hatsun Agro Product Ltd v Sri Ganapathy Dairy the Madras High Court dismissed the plaintiff’s suit alleging trademark infringement and passing off. The court held that the defendant was the prior user of the...
Manisha Singh and Shreyashi Mazumdar, LexOrbis

Smoke clears over arbitration in trademark disputes

By Manisha Singh and Shreyashi Mazumdar, LexOrbis
In the recent case of M/S Golden Tobie Private Limited v M/S. Golden Tobacco Limited, the Delhi High Court decided the question of whether trademark-related disputes can be the subject of arbitration. The court interpreted section 8 of the...
Alok Tewari,Shivika Upadhyay, Kochhar & Co

Data centres a new real estate class

By Alok Tewari and Shivika Upadhyay, Kochhar & Co
A multitude of factors, including increased digitisation and data localisation norms, have fuelled the current boom of the data centre market. Data centres have emerged as a separate real estate asset class with potential. This article discusses land acquisition...
王小东-WANG-XIAODONG-赵鹏-ZHAO-PENG-三友知识产权代理有限公司专利代理师-Patent-Agent-Sanyou-Intellectual-Property-Agency

YouTube videos as prior art evidence in patent invalidation

By Zhao Peng and Wang Xiaodong, Sanyou Intellectual Property Agency
  Petitioners are increasingly using YouTube videos in patent invalidation cases as evidence to demonstrate the closest prior art when challenging patentability. An analysis of such cases on the patent re-examination and invalidation page of the China National Intellectual Property...

Jumping ship

Several senior foreign lawyers with India expertise have joined new law firms of late. Vandana Chatlani explores what is prompting them to move In the past 12 months, several foreign lawyers with prominent India-related experience have jumped ship. While recruitment...

The power of administrative injunctions in patent infringement

By Luo Rui, Han Kun Law Offices
Injunctions are the best way to remedy patent infringements, but there remain obstacles to enforcement Injunctions are seen as the best way for patent holders to remedy infringements and can be obtained through the courts or by administrative adjudication....
ICC-Court-president-Claudia-Salomonvideo

ICC clearly

The new president of the International Chamber of Commerce (ICC) Court of Arbitration, Claudia Salomon, is the first woman to lead the institution since its establishment in 1923. Here, she discusses her new role, and what changes she expects...
By Avery Chen 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 –...
By Avery Chen 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...
Role Dispute Resolution Lawyer (4-6 PQE) - 16682/VTA Location Hong Kong, China Job Description This is a fantastic opportunity for a high-quality lawyer to join one of the most active disputes practices in Hong Kong. You will be working closely with the leading partner...
Role IP Manager, SEA & Pacific - 18860/VTA Location Singapore Job Description Our client, the house of luxury brands, is looking for a talented brand protection professional who wants to develop and implement strategies to protect their IP and services as a member of...
Role Corporate Associate (3-5 PQE) - 16681/VTA Location Seoul, Korea Job Description This is an excellent opportunity for a Korean-speaking Associate to join a highly regarded corporate practice in the capital and work on a range of high-profile deals. Our client, a BigLaw firm,...

Green hydrogen: India’s shot at meeting its climate targets

By Abhishek Nath Tripathi and Anura Gupta , Sarthak Advocates & Solicitors
To meet its climate targets, the government, during the celebrations marking 75 years of independence, announced the National Hydrogen Mission (NHM). According to a draft paper prepared by the Ministry of New and Renewable Energy (MNRE), INR8 billion (USD108.5...
Data protection Lagna-Panda-is-a-managing-associate-at-Chandhiok-&-Mahajan

Non-fungible tokens: The new kid on the block

By Lagna Panda, Chandhiok & Mahajan
In March 2021, Beeple, an American digital artist auctioned a non-fungible token (NFT) of an artwork he had created for an eye-popping USD69 million. The same month, Jack Dorsey, the CEO of Twitter, sold an NFT of his first...
闻风而动-TESTING-THE-WIND

Testing the wind

Senior practitioners say compliance is the windvane for regulatory trends in the past year and the foreseeable future, leading fundamental operational changes for some companies while also offering a high-altitude airstream of unprecedented opportunities. Luna Jin reports An undeniable truth...
Aditya-Vikram-Dua-Harshil-Shubham-SNG-&-Partners

No minimum period for claims under bank guarantee

By Aditya Vikram Dua and Harshil Shubham, SNG & Partners
Section 28 of the Indian Contract Act, 1872 (ICA), in its original form inter alia made all such contracts void that limited the time within which a party may enforce its rights under a contract by the usual legal proceedings in...
Khaitan & Co advised Indiabulls Housing Finance in its recent USD165 million convertible bond issue, while J Sagar Associates (JSA) and Linklaters advised the four managers to the issue on Indian law and English law, respectively. Hogan Lovells Lee...
AZB & Partners was Indian legal counsel to Blackstone Capital Partners when it signed an agreement with EQT Private Equity and the Swiss-based Kuoni and Hugentobler Foundation to acquire a majority stake in visa outsourcing provider VFS Global, including...
RSD Bajaj Global advised men’s casual wear brand Hubberholme in its acquisition by Mensa Brands, which was advised by Cyril Amarchand Mangaldas (CAM) and is backed by Accel, Falcon Edge Capital and Norwest Venture Partners. The deal, for an undisclosed...
AZB & Partners (AZB) and Krishnamurthy & Co (K Law) advised Reliance New Energy Solar, a subsidiary of Reliance Industries, when it agreed to a INR2.85 billion (USD385 million) acquisition of a 40% stake in Sterling & Wilson Solar,...
Shardul Amarchand Mangaldas & Co (SAM) advised the National Stock Exchange of India and BSE-listed NIIT when it acquired Bengaluru-based RPS Consulting. Majmudar & Partners advised RPS Consulting, a provider of training programs on emerging technologies. The deal was announced on...
Lakshmikumaran & Sridharan advised LifeCell International, a stem cell bank and reproductive genetic testing services provider, in its recent fundraise of ₹2.25 billion (USD 29.8 million) from life sciences investment firm OrbiMed Asia. IndusLaw represented OrbiMed Asia. Announcing the deal...
Cooley advised software-as-a-service (SaaS) company Freshworks on its recent USD1.13 billion IPO, while Orrick Herrington & Sutcliffe advised the underwriters to the issue. Freshworks began trading on the Nasdaq on 22 September. Cooley’s team was led by its Palo Alto-based partners...
fantasy sports

Game not over

A spate of high-stakes legal victories means the fantasy sports format is here to stay, but there is still much to be done to stabilise the industry, writes Amol Apte at Dream11 Editor's note Despite the sector holding much promise, fantasy...
Indian-Legal-Market-survey-india-business-law-journal-2021

Half empty or half full?

In an especially challenging year, India Business Law Journal’s annual market survey gauges the mood of the country’s lawyers and the health of the legal profession. Gautam Kagalwala reports As the effects of the first wave of the pandemic were...
GC Bishwarup Chakrabarti says that NFTs have seen their popularity soar of late, which could reignite a centuries-old debate that artists should profit from the resale of their works For corporate lawyers there’s nothing like an explosion of blockchain news...
AP Pasupathy has joined Fox Mandal & Associates as the head of its renewable energy practice, based in the firm’s Chennai office. Pasupathy was previously associate vice president – project development at Nasdaq-listed ReNew Power. Pasupathy said he had been “interacting...

M&A expert joins Latham

Sidharth Bhasin, a prominent lawyer within the Indian legal diaspora, has joined Latham & Watkins’ Singapore office as a partner in its M&A and private equity practices. Bhasin previously led Shearman & Sterling’s India practice from Singapore, advising most recently...
Role Legal Counsel, Korea (5-9 PQE) - 16670/VTA Location Seoul, Korea Job Description Our client, a very prestigious luxury brand, sees Korea as fundamental to their business. There is a unique chance for a polished and commercially minded lawyer to be part of their...
Role General Counsel, Greater China (15+ PQE) - 14667/VTA Location Beijing, China Job Description Take on the top legal position in Greater China at this Fortune Global 500 electronic company in Beijing. Our client is seeking a superior PRC lawyer to lead their Greater...
Pranav Mago, a former head of South Asia for the Singapore International Arbitration Centre, recently established a litigation finance consultancy called ELF Partners in Singapore. According to Mago, litigation finance, or third-party funding of litigation that helps level the playing...
L&L Partners has been busy replenishing its ranks since about 20 of its partners recently moved to Saraf & Partners, which was recently established by the firm’s former senior partner, Mohit Saraf. Since 1 June this year, eight partners have...
Yahoo brought down the shutters on its news websites on 26 August as a result of recently updated foreign direct investment rules that limit foreign ownership of digital media. “The decision did not come lightly” for Yahoo, which has been...
The Competition Commission of India (CCI) in August fined India’s leading automobile manufacturer, Maruti Suzuki, for dictating the discounts that dealers can offer, and penalising dealerships and individuals when they failed to toe the line. The antitrust watchdog imposed a...
Role Compliance Officer, Asia - 16654/VTA Location Hong Kong, China Job Description World’s leading institutional investment firm has an exciting opportunity for a highly motivated professional to join their compliance team in Asia and provide day-to-day compliance support covering the Asia region. You will...
Role Legal Counsel, Regulatory (5+ PQE) - 16659/VTA Location Hong Kong, China Job Description Our client, a leading Hong Kong wealth management company, is seeking an in-house litigation and regulatory lawyer to work in their Hong Kong office.you will help manage regulatory-related litigation cases...
taiwan

Patent law development in Taiwan

By Kuo Yulan, Jane Wang, and Brian Hsieh, Formosa Transnational
Patent legislation across Asian jurisdictions is constantly catching up with the pandemic’s demands, with stronger protection, foreign filing and higher compensation being common themes. However, the gaps persist, and businesses need to fathom the domestic barriers to stay ahead. Mainland...
Role M&A Legal Counsel | IT Company | Hong Kong | 8-12 Years Location Hong Kong Job Description Our client is a well-known name in the tech and IT space. They are currently looking to add a legal counsel to the team to work...
Role Corporate Associate | Beijing / Hong Kong | 2-4 PQE Location Beijing / Hong Kong Job Description An international law firm is actively looking for a corporate associate to be based in its Beijing or Hong Kong office. The role will mainly focuses...
郎元鹏-Lang-Yuanpeng-and-李文博,-Li-Wenbo,-Jingtian_Lifescience

Tracking China’s medical devices is a national concern

By Lang Yuanpeng and Li Wenbo, Jingtian & Gongcheng
China’s Premier Li Keqiang highlighted in December 2020 that medical devices, being a matter of public health and safety, deserved the strictest regulation – including increasing the liability of companies and R&D institutions for the security and effectiveness of...
Leo-Yu-喻鑫and-Alicia-Wu吴悦-Jingtian-&-Gongcheng竞天公诚律师事务所

How startups enforce non-competition of departing co-founders

By Leo Yu and Alicia Wu, Jingtian & Gongcheng
It is self-evident that co-founders are of vital importance to startups, however, during the development of the company, they often leave for various reasons. Co-founders of startups are intimately familiar with their company’s core technology or trade secrets, so...

Digital intermediary rules leave open door for misuse

By Saurya Bhattacharya and Aseem Sahni, HSA Advocates
In February 2021, the government enacted the Information Technology (Intermediary Guidelines Digital Media Ethics Code) Rules, 2021, under the relevant provisions of the Information Technology Act, 2000. Companies had until 26 May 2021 to comply with the rules. The rules...
Shahid-Khan-Kochhar-&-Co.

Copyrighted software not taxable royalty on resale

By Shahid Khan, Kochhar & Co.
The taxability of payments by importers for software imports from non-resident suppliers is a vexed question on which courts had earlier given conflicted rulings. The question has now been settled by the Supreme Court in the recent cases grouped...
Corporate and commercial e-interests yield to consumers, Manoj Kumar, Hammurabi & Solomon Partners

New law on pre-pack resolution plans under IBC

By Manoj Kumar, Hammurabi & Solomon Partners
The Insolvency and Bankruptcy Code (Amendment) Bill, 2021, which provides for pre-packaged insolvency resolution processes (PPIRP), has received assent and replaces the Insolvency and Bankruptcy (Amendment) Ordinance, 2021. The bill inserts a new chapter, III-A, into the Insolvency and Bankruptcy...
Ruchi-Khanna-and-Deeksha-Manchanda-Chandhiok-&-Mahajan

Striking a balance with competing confidentiality interests

By Ruchi Khanna and Deeksha Manchanda, Chandhiok & Mahajan
Confidentiality processes and procedures are among the most significant components of any competition enforcement framework. In April 2021, the Competition Commission of India (CCI) published a draft proposal for public comment, to revisit the detailed mechanism for dealing with...
Blockchain technology in Indian financial services, Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas

Suggested framework for digital assets in India

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
Cryptocurrencies are at the forefront of financial innovation, and involve an increasing number of industry players, start-ups and businesses. Many central banks have warned against the use of these products, especially by non-professional investors. Few jurisdictions recognise them as...
Charmayne-Ong-&-Kuek-Pei-Yee-Skrine

Patent law development in Malaysia

By Charmayne Ong and Kuek Pei Yee, Skrine
Patent legislation across Asian jurisdictions is constantly catching up with the pandemic’s demands, with stronger protection, foreign filing and higher compensation being common themes. However, the gaps persist, and businesses need to fathom the domestic barriers to stay ahead. Mainland...
Hirofumi-Tada-Attorney-at-Law-at-Ohno-&-Partners-in-Tokyo

Patent law development in Japan

By Hirofumi Tada, Ohno & Partners
Patent legislation across Asian jurisdictions is constantly catching up with the pandemic’s demands, with stronger protection, foreign filing and higher compensation being common themes. However, the gaps persist, and businesses need to fathom the domestic barriers to stay ahead. Mainland...
Manisha-Singh-and-Joginder-Singh-LexOrbis

Patent law development in India

By Manisha Singh & Joginder Singh, LexOrbis
Patent legislation across Asian jurisdictions is constantly catching up with the pandemic’s demands, with stronger protection, foreign filing and higher compensation being common themes. However, the gaps persist, and businesses need to fathom the domestic barriers to stay ahead. Mainland...
Jin-Xiao-Assistant-Director-of-Litigation-Department-at-CCPIT-Patent-and-Trademark-Law-Office-in-Beijing

Patent law development in China

By Jin Xiao, CCPIT Patent and Trademark Law Office
Patent legislation across Asian jurisdictions is constantly catching up with the pandemic’s demands, with stronger protection, foreign filing and higher compensation being common themes. However, the gaps persist, and businesses need to fathom the domestic barriers to stay ahead. Mainland...
Cooley advised e-sports and mobile gaming platform Mobile Premier League (MPL) on its recent series E financing round, which was led by Legatum Capital and included Accrete Capital, Gaingels and existing investors Moore Strategic Ventures and RTP Global. Trilegal...
Cyril Amarchand Mangaldas (CAM) and Latham & Watkins advised Adani Green Energy in its maiden USD750 million green bond issue. Talwar Thakore & Associates (TTA) and Linklaters advised the joint global co-ordinators and the bookrunners. The deal closed on 8 September...
J Sagar Associates (JSA) advised Microsoft Corporation in its USD5 million investment in Oravel Stays, the operator of OYO Hotels & Homes. An in-house legal team represented OYO. The deal was signed on 23 July and closed on 8 September. JSA’s...
升腾跌宕-UPS&DOWNS

Ups & downs

China’s leading law firms saw revenue slow in 2020, but at a better rate than many predicted as the countercyclical sector swung back with resilience during the pandemic and subsequent global economic shutdown. China Business Law Journal’s annual survey tapped...
Karthik Somasundram Bharucha Partners Ignoring evidence renders an arbitral award perverse

Ignoring evidence renders an arbitral award perverse

By Karthik Somasundram, Bharucha & Partners
In the case of PSA Sical Terminals Pvt Ltd v Board of Trustees of VO Chidambranar Port Trust Tuticorin & Ors, the Supreme Court considered whether a finding made by an arbitrator unsupported by evidence was perverse, and whether it...
Patent legislation across Asian jurisdictions is constantly catching up with the pandemic’s demands, with stronger protection, foreign filing and higher compensation being common themes. However, the gaps persist, and businesses need to fathom the domestic barriers to stay ahead. Mainland...
Role Corporate Lawyer | US Firm | 2-6 PQE Location Hong Kong Job Description A top US firm is looking to add a mid to senior-level corporate finance lawyer to its office in Hong Kong. Candidates must be Hong Kong qualified with experience at...
Role Merger & Acquisition Associate (3-4 PQE)- 16643/VTA Location Shanghai, China Job Description An elite global law firm with fantastic breadth and depth of corporate expertise is looking to recruit a US-qualified M&A and Corporate Associate in Shanghai. If you are looking to join...
Role Associate, Debt Finance (5-7 PQE) - 16642/VTA Location Singapore Job Description A White-shoe law firm is currently seeking a mid- to senior-level Associate to join their debt finance team in Singapore. You will work closely with leading partners and support multi-disciplinary teams, acting...
Role Capital Markets Legal Consultant | Beijing | 1-3 Years Location Beijing Job Description Great capital markets legal consultant role from a US law firm in Beijing. The role will focus on HK IPO transactions (HK side), and will work closely with HK office...
Role Junior Capital Markets US Associate | Beijing | 1-3 PQE Location Beijing Job Description A US law firm is actively looking to add a junior capital markets associate in its Beijing office. The role will mainly focus on ECM transactions (US side) and...
Role Corporate Associate (2-3 PQE) - 16641/VTA Location Beijing, China Job Description Our client, a Magic Circle law firm, is adding a corporate lawyer to further enhance their offering within the China market. You will work under the guidance of leading partners advising large...
ACC's global survey maps the changing roles of in-house counsel ACC全球调研:首席法务官和法务部门在公司架构中的角色变化趋势

By the numbers

A global survey of in-house legal teams by the Association of Corporate Counsel (ACC) maps out the continuing evolution of chief legal officers and their corporate legal departments. ACC executives Ian Robertson and Blake Garcia give us the story...
legal tech

Siri Hal Jarvis & Associates

In the second of our two-part series on legal technology, we peer into the undefined future of legal tech and explore how AI is already reshaping the business of law. Just how long will it be before Jarvis makes...
Veritas Legal advised Serum Institute Life Sciences when it agreed to the merger of its subsidiary, Covidshield Technologies, with Biocon Biologics, which in turn is a subsidiary of National Stock Exchange of India and BSE-listed Biocon. Shardul Amarchand Mangaldas &...
Compliance-anxiety-合规焦虑

Compliance anxiety

A series of tectonic shifts in the international and domestic legal landscape has stressed the urgency for corporate counsel to reshape their approach to legal compliance. Kevin Cheng reports FORESIGHT IS NOT ABOUT PREDICTING the future, it’s about minimising surprise,” observed Karl Schroeder,...
健稳驰行-BUCKLE-UP

Buckle up

With the belt and road initiative gaining momentum, a growing number of state-owned enterprises are expanding their overseas investments to align with the strategy. What are the risks and challenges, and how should an SOE manage overseas operations and...
Role TMT / Data Privacy Associate | International Firm | Hong Kong | 3-7 PQE Location Hong Kong Job Description This international firm is looking to add a mid-level / senior TMT / data privacy lawyer to its team. Ideally this lawyer will have...
Role Senior Legal Counsel | Tech Consulting Services | Singapore | 12+ PQE Location Singapore Job Description Our client is a global company well-known for its tech consulting services. It often enters into large, complex transactions with clients that requires the support of its...
Role Insurance Litigation Associate | International Law Firm | Hong Kong | 2-4 PQE Location Hong Kong Job Description An international law firm with a highly regarded insurance litigation practice group seeks an insurance litigator to join its team. This role will cover all...
芝麻开门OPENSESAME

Open sesame

China has opened the gates to foreign fund managers, giving them unprecedented access to the world’s second-largest asset management market. But it will not all be a magic carpet ride for the aspirants as challenges persist, writes Sophia Luo FOLLOWING...
Role Funds Associate (3-6 PQE) - 16640/IND Location Singapore/Hong Kong Job Description This is a fantastic opportunity for a mid to senior-level Corporate Associate who wants to join this US international law firm in either their Singapore or Hong Kong office. You will work...
Role Corporate Associate (3-4 PQE) - 16631/VTA Location Seoul, Korea Job Description Our client, an international law firm, is looking for a native-level Korean-speaking Associate to join their busy M&A team, and to support the firm’s initiative to develop the practice serving Korean clients...
Role Junior Funds Lawyer (1-3 PQE) - 16634/VTA Location Hong Kong, China Job Description If you are a Junior Lawyer who has funds experience and are keen to develop your career in a top-ranked legal team, then this opportunity is for you! You will...
The Supreme Court, in the recent case of Amazon.com NV Investment Holdings LLC v Future Retail Ltd & Ors, answered two important questions. First, it held that an award by an emergency arbitrator appointed under the Arbitration Rules of the...
Raghavan-Ramabadran is-an-executive-partner-and Rohan-Muralidharan-and Sahana-Rajkumar are-principal-associates-at-Lakshmikumaran-&-Sridharan

Are states obligated to comply with GST Council recommendations?

By Raghavan Ramabadran, Rohan Muralidharan and Sahana Rajkumar, Lakshmikumaran & Sridharan
The Goods and Services Tax (GST) regime was intended to create a uniform and harmonious nation-wide tax system. The union government and states have concurrent powers under article 246A (1) of the constitution to levy GST on supplies of...

Hedging your bets with the liberalised remittance scheme

By Gautam Khurana, India Law Offices
The Liberalised Remittance Scheme (LRS) under the forex control framework is a boon for Indian nationals, as it permits annual forex spending of up to USD250,000 with expectations that this threshold will be raised further. The LRS is a simple...

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