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Publications for Asia Pacific Regional Forum

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OTT, IDC and cloud-computing services under Telecom Law 2023

In Vietnam, over the last decade, new-generation and innovative ‘telecommunication’ services such as over-the-top messaging (OTT) service, internet data centre (IDC) service and cloud-computing service (Cloud) have emerged and developed rapidly as a result of the 4.0 industrial revolution.

Released on Jun 4, 2024

Navigating the complex landscape of interlocking directorates in India

This article explores the complex implications of interlocking directorates and common ownership on competition, particularly in the Indian context. Through a comparative analysis, empirical evidence and case studies from across the globe, the article evaluates whether interlocking directorates has potential for both anti-competitive behaviour and innovation. It also explores whether it is possible that common ownership can enhance, rather than hinder, competitive dynamics.

Released on Jun 4, 2024

The 2024 scheme: the advent of Green Hydrogen Hubs in India

India’s Ministry of New and Renewable Energy has published its ‘New Scheme Guidelines for Setting up Green Hydrogen Hubs under the National Geen Hydrogen Mission’ on 15 March 2024 which aims to encourage the establishment of Green Hydrogen Hubs and usher in their integration into the renewable energy eco-system. These hubs will be funded by the Central government in collaboration with State governments, local authorities and the private sector in order to propel the market for Green Hydrogen in India.

Released on Jun 4, 2024

Sanctions clauses in international contracts with a Russian nexus

Over the past few years, there has been an obvious trend towards strengthening and expanding sanctions restrictions. However, despite the geopolitical environment, Russia remains attractive for foreign businesses. In this regard, properly drafted sanctions clauses may help adapt commercial contracts in the current climate, reduce sanctions risks and associated consequences and ensure that business functions in full compliance with the legislative requirements in practice.

Released on Jun 4, 2024

The changing social tides in Southeast Asia

The recent introduction of a bill advocating the legalisation of same-sex marriage in Thailand is a significant milestone in the country’s ongoing pursuit of LGBTQ+ equality. This progressive proposal underscores Thailand’s dedication to human rights and strengthens its reputation as a beacon of acceptance in Southeast Asia. If passed into law, the bill not only will grant equal rights to LGBTQ+ citizens but also enhance Thailand’s status as an inclusive destination for all global travellers. This legislative initiative reflects a broader societal shift toward tolerance and inclusivity, and paves the way for a future where all individuals are respected and treated equally under the law.

Released on Jun 4, 2024

Indian Supreme Court sets aside half a billion dollar arbitral award to ‘cure’ miscarriage of justice

The Supreme Court of India, in its recent judgment in Delhi Metro Rail Corporation Ltd v Delhi Airport Metro Express Pvt Ltd, set aside an arbitral award on grounds of patent illegality. This judgment was delivered in a curative petition, which is a final remedy, exercised in the rarest of rare cases by the Supreme Court. This article analyses the reasoning of the Supreme Court to set aside the arbitral award, and the pitfalls of such a decision in a curative petition.

Released on Jun 4, 2024

Valuing the ‘new oil’: the intersection of international data valuation practice and regulatory regimes

The financial valuation of data – an intangible asset – is an emerging area of increasing strategic significance. While many factors influence data value, this article explores the lesser known interplay between data regulation and data valuation, while also considering key requirements of the International Valuation Standards (IVS) and key value drivers of data. Such considerations may be pertinent for practitioners in transactional, insolvency, regulatory and disputes contexts.

Released on Jun 4, 2024

2024 elections: will the BJP winning this election achieve unprecedented governance stability in India

There can be no doubt that the Bharatiya Janata Party (BJP) has impacted India in the past decade in multiple ways and has potentially changed the ‘Indian mindset’. This article focuses on the legal reforms and changes brought by the BJP in India and whether BJP winning the 2024 elections is indicative of unprecedented stability in governance.

Released on Jun 3, 2024

Russian customs inspections: recent trends and compliance pitfalls

The-Russian-customs-inspections-recent-trends-and-compliance-pitfalls Abstract: Russia is a Member State of the Eurasian Economic Union (EAEU) which includes the customs union of the Member States. For this reason, many aspects of customs law are delegated by the Member States to the EAEU level, such as the Customs Code of the EAEU, technical and sanitary regulations of the EAEU, etc. The authorities of the Member States are working on harmonisation of customs related matters, at the same time, there are specifics in local customs laws and procedures of the Member States. This is particularly so in respect of customs audits and inspections.

Released on Jan 10, 2024

Australia’s new era of employee ownership

It has been a big year for employee share schemes (ESS) in Australia. While there have been some tax reforms, on 1 October 2022, legislation was passed that brought about a tectonic shift in the regulatory plumbing that underpins the operation of ESS in Australia. Following the passing of these reforms, all companies that operate ESS in Australia – whether listed or unlisted, large or small – need to pause to consider how the new regulatory rules will impact on the operation of their ESS plans.

Released on Jan 10, 2024

Unpacking Vietnamese law on e-transaction 2023: a thorough exploration of key points

The law on e-transactions in Vietnam was recently amended in 2023. In this article we have analysed seven outstanding regulations in the amendment, namely: the scope of applications; data and data message; e-certificates; the use of e-signature and trust services; legal framework for applying e-contracts; synchronising the rights and obligations of the owner of the information system and the use of e-transaction accounts; and regulations on data collection, management and sharing among state agencies.

Released on Dec 12, 2023

Evolution of workplace harassment laws in Pakistan: the Protection Against Harassment of Women at the Workplace Act 2010 and the 2022 Amendment

The Protection Against Harassment of Women at the Workplace Act 2010 is a seminal legislation in Pakistan, providing victims of workplace harassment with an opportunity to pursue legal recourse. However, the law is subject to some limitations: primarily a narrow definition of ‘workplace’ and ‘employee’ with a focus only on sexual harassment of women, limiting the effectiveness of the law in addressing all forms of harassment faced by any employee in different types of workplaces. In 2022, an amendment to the Act was introduced, expanding its scope, addressing the limitations of the initial Act and making justice for victims of workplace harassment more accessible. This article explores the original law’s merits and limitations in addition to the changes brought about by the amendment, thus highlighting the importance of strong legal protections against workplace harassment in Pakistan.

Released on Dec 12, 2023

Enhancing enforcement of international arbitration agreements and foreign arbitral awards in Pakistan: a positive shift

In recent years, the process for the enforcement of international arbitration agreements and foreign arbitral awards in Pakistan has significantly improved, largely due to the influence of the New York Convention. Courts now exhibit a pro-enforcement bias and embrace global jurisprudence, creating a favourable environment for international arbitration. However, the duration of enforcement proceedings remains a concern. Streamlining procedures and expediting recognition are crucial for Pakistan to solidify its reputation as an arbitration-friendly jurisdiction, attracting global businesses and boosting economic growth.

Released on Dec 12, 2023

Ethical implications of artificial intelligence at the Indian workplace

Artificial Intelligence (AI) has rapidly emerged as a pivotal force in the contemporary workplace, redefining the facets of business operations, workforce management and employees’ interaction with technology. The profound impact of AI on the Indian workplace has emphatically transgressed its ethical and legal concerns, underscoring the need for comprehensive legislation or well-defined directives to regulate the use of AI effectively. In this article, we aim to highlight the legal and ethical complexities related to the use of AI at the Indian workplace and the requirement to have robust legislation/directives in place to regulate the use of AI.

Released on Dec 12, 2023

Thailand: recent trends toward more stringent regulation of digital assets in Thailand

The Thai Securities and Exchange Commission (SEC) has taken numerous steps to strengthen and expand the regulatory regime covering digital asset operators in Thailand. This has resulted in several enforcement actions against violators, including issues in connection with fabricated information on the trading volume of digital assets on a digital asset exchange.

Released on Dec 21, 2022

Revolutionising the board governance of environmental, social and corporate governance: voluntary constitution of ESG committees by Indian listed companies

There is a discernible trend of Indian listed companies suo moto constituting ESG committees of its board of directors and/or management to focus on ESG-related aspects and to strengthen their commitment to ESG. This piece discusses this trend in the making.

Released on Dec 21, 2022

Taiwan real estate inheritance case study

There are mainly two ways of distributing real estate inheritance in Taiwan: allocating real estate to certain successors while reimbursing others, or forcibly selling the real estate and equally distributing the proceeds.

Released on Jun 22, 2022

Pakistan tightens restrictions on social media giants

This article considers Pakistan’s crackdown on social media giants such as Facebook, Twitter and TikTok, and the relationship between these restrictions and the right to freedom of expression.

Released on Jun 22, 2022

Sustainability-linked derivatives: will India be a world leader in the next stage of green finance?

This article explores India’s position among the growing movement to align the global financial system with sustainable development.

Released on Jun 22, 2022

An introduction to India’s new privacy regime

This article offers an overview of India’s new draft data privacy law.

Released on Jun 22, 2022

An interpretation of the Special Administrative Measures for Foreign Investment Access (Negative List) (2021)

This article provides an interpretation of China’s Special Administrative Measures for Foreign Investment Access, as introduced in December 2021.

Released on Jun 22, 2022

Asia Pacific Regional Forum Co-Chair's note

Welcome to our final e-Bulletin for 2021. While this year did not allow us the freedom of movement we were perhaps hoping for, it has nonetheless been eventful and productive.

Released on Dec 14, 2021

UK-China investment and trade: what’s next?

This article outlines the surge of trade and investment activities between the UK and China, the need for a UK-China free trade agreement and the possibility of a UK-China comprehensive agreement on investment.

Released on Dec 10, 2021

India's Securities and Exchange Board amends norms to boost IPO market

This article provides an overview of the key changes introduced in the Amendment. Certain additional changes, which were proposed under the Consultation Paper and approved by SEBI in its board meeting held on 6 August 2021 (‘Board Meeting’) but which have not yet been notified, are also discussed below.

Released on Nov 25, 2021

Pegasus project – a conspectus of laws of surveillance and the concerns over privacy

The Pegasus Project investigation was brought to light by the Paris-based, non-profit media group, Forbidden Stories and Amnesty International. The reports have revealed a widespread misuse of NSO Group Technologies’ spyware, Pegasus. As per NSO, Pegasus was developed to be sold exclusively to vetted governments to aid law enforcement agencies and intelligence departments to fight crime and avoid terrorism. Yet, according to the leaked data, the spyware was being used as hacking software instead of its conventional use as a surveillance tool.

Released on Nov 25, 2021

Sandoz and the journey thereafter: a re-examination of the status of sales promotion employees under the industrial relations regime in India

India has a strong labour-centric protectionist regime under the Industrial Disputes Act 1947 (‘ID Act’), which applies to the ‘workman’ category of workforce. The issue of coverage of sales promotion employees within the purview of ‘workman’ has been inadequately addressed, notwithstanding the legislative developments intended to cover such employees directly under the ID Act. This article discusses the issue and the relevant legal developments, while also highlighting the limited role played by the judiciary in addressing the question.

Released on Nov 25, 2021

Who Is A Friend? The Hong Kong Court of Final Appeal Delivers a Landmark Ruling

The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.

Released on Nov 15, 2021

Thailand’s attempt to extend its reach to overseas e-service providers

The borderless nature of the digital economy and electronic transactions has always been a challenge for law makers and enforcement bodies where their authority is generally limited to a jurisdictional territory. In this article, we discuss three recent developments of the Thai governmental authorities trying to tackle these challenges: VAT on overseas e-service providers; criminal complaints against an overseas cryptocurrency trading platform; and a draft royal decree regulating e-commerce platforms.

Released on Nov 15, 2021

The advantages for Asia-based managers of using Luxembourg funds

The advantages for Asia-based managers of using Luxembourg investment fund structures compared to offshore jurisdictions are based on: (a) an increased marketability; and (b) efficient fund structuring capabilities. Asian asset managers also need certainty to further sustain their international growth.

Released on Nov 15, 2021

The latest changes regarding dispute resolution within the Covid-19 pandemic – observations from the Asia Pacific Region

The Covid-19 pandemic has been an ongoing disruption for more than a year. As of September 2021, the pandemic continues to pose enormous health and socio-economic challenges for the world. However, the pandemic has also presented a tremendous opportunity to restructure things to fit people’s visions. Judiciaries and arbitral institutions have been made great efforts to embrace these changes - as Winston Churchill once stated during the Second World War, ‘never let a good crisis go to waste’. This article will discuss the impact of the pandemic on commercial dispute resolution, focusing on how courts and tribunals in Asia have responded to this changing landscape.

Released on Nov 15, 2021