Publications for Asia Pacific Regional Forum

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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 Oct 22, 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

Asia Pacific Regional Forum – August 2021 – Co-Chair's note

Released on Aug 11, 2021

Class Action Common Fund Orders: What does the future hold?

Released on Aug 5, 2021

A brief introduction to China’s cash pooling regime

Released on Jul 12, 2021

Update on Class Actions in Australia

Australia’s class action regime has been in effect for over 25 years and is generally considered to be a balanced and very well-functioning system. However, over the last few years, some issues arising have caused disruptions, costly satellite disputes and some very strong partisan political interventions. These issues were mostly around the involvement of third-party litigation funders and multiple law firms vying for the ‘prize’ of running competing class actions.

Released on Jul 9, 2021

Contractors Beware - Strict Compliance with Notice Requirements Following Maeda v Bauer

Whether or not a contractor or sub-contractor has complied with a contractual claim notification provision is often a highly contested issue in construction disputes given its potential to be determinative of the parties’ claims. The Hong Kong Court of Appeal’s recent judgment in Maeda Corp v Bauer Hong Kong, which adopts arguably the strictest approach to claim notification provisions among common law jurisdictions, should therefore be of interest to contractors and sub-contractors operating under Hong Kong law and other common law governed construction contracts. This article provides an overview of the dispute before considering its practical implications for contractual drafting and the performance of construction contracts.

Released on Jul 6, 2021

Indian Competition Law: a Comprehensive Analysis of MSMEs and Bid Rigging

The Punjab Haryana and Delhi Chamber of Commerce and Industry, India (PHDCCI) held an illuminating webinar on ‘Competition Law – Recent Developments and Impacts’, on 3 March 2021, covering areas of competition law in India, new trends emerging and their effect on the market. The practices with respect to competition law among micro, small and medium enterprises (MSMEs) are not currently well understood and need to be looked at more closely to improve understanding and engender a better competitive climate in the Indian market.

Released on Jul 6, 2021

A Game Changer in the Indonesian Investment Realm

The Indonesian government is committed to a campaign to increase investment into Indonesia, by, among others, improving the ease of doing business by carefully planned initiatives aimed at reform in the investment climate. To prove its commitment, one significant breakthrough is through the issuance of an umbrella regulation, the so-called Omnibus Law, that cuts down on bureaucratic red tape and streamlines the investment process.

Released on Jul 6, 2021

The Importance of Neutrals’ Understanding of Cultural Diversity

This article explores the need for arbitrators and mediators to be sensitive to cultural nuances, as their mission to resolve disputes can succeed or fail according to how well they can understand and accommodate them.

Released on May 27, 2021

Predicting the unpredictable: Covid-19 and its impact on the energy industry

On 30 January 2020, the World Health Organization declared Covid-19 to be a public health emergency of international concern. On the same day, the China Council for the Promotion of International Trade (CCPIT) announced that it would issue ‘force majeure certificates’ to affected Chinese companies to help minimise economic losses arising from the outbreak and consequential events.

Released on Jun 1, 2020

Effects of Covid-19 on employment law

Along with loss of life, another victim of Covid-19 has been the economy.All businesses from aviation to hospitality have tested positive for Covid-19. The first thing all businesses start doing when faced with such losses is cut spending and limit themselves to the bare essentials of conducting business.

Released on May 4, 2020

Counteracting unjustified extraterritorial jurisdiction: an analysis of PRC Blocking Rules - CWG

By Yong Zhou. Counteracting unjustified extraterritorial jurisdiction: an analysis of PRC Blocking Rules - China Working Group, February 2021.

New SPC judicial policy makes restrictive interpretation on shareholder's liabilities - CWG

By Vincent Xuekai Qian and Mena Yun Li. New SPC judicial policy aims at making a restrictive interpretation on shareholder’s liabilities for indolent performance of liquidation obligations - China Working Group, February 2021.

News corner - CWG

By Dominic Hui. News corner - China Working Group, February 2021.