LexisNexis
lslaw

Tag results for 'Asia Pacific Forum'

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.

India: best practices to adopt for a robust IP portfolio during the Covid-19 pandemic

During the current Covid-19 pandemic, businesses and corporations of all sizes – particularly start-ups and budding entrepreneurs, are being pushed to their limits. Even such routine tasks such as paying rent and employees on time have proved to be game changers and given us a chance to examine the way we function, process and plan our business models so that everyday operations are not interrupted.

Multiplicity in arbitration: perils and adversities

Alternative Dispute Resolution (ADR) mechanism consisting of arbitration, conciliation, mediation, negotiation and Lok Adalat was introduced inter alia not only to reduce the burden on the courts, but also to adjudicate disputes with increased efficacy in a more cost-effective manner. Nevertheless, the use of such a mechanism has not been wholly accomplishing the purpose of its introduction.

Joinder of arbitrations

In today’s commercial world, contractual arrangements are rarely straightforward. In engineering, procurement, and construction (EPC) contracts it is customary for an employer to enter into a construction contract with the main contractor, who then contracts out different parts of the work to a number of subcontractors. The result is one project consisting of multiple, interconnected contracts which are in place between various parties.

Recent developments in Singapore arbitration law

Amid the Covid-19 pandemic, arbitration in Singapore has continued to flourish albeit under different circumstances involving remote hearings and assistive technologies. Singapore’s courts have continued to provide greater and clearer guidance on arbitration, and the legislative framework for international arbitration has continued to evolve.

Joinder of parties in arbitration proceedings

Arbitration is all about contract and is required to be conducted within the four corners of an arbitration agreement. A persistent problem faced by construction litigators is corralling multiple parties into a single arbitral proceeding despite the parties having separate, independently-negotiated contracts, each one containing its own arbitration or dispute resolution clause. Disputes arising out of such connected contracts have more than a ripple effect and often lead to separate but related actions.

Update on information technology used by Chinese courts and arbitration institutions - CWG

There has never been so much attention paid to how information technology could help courts and arbitration institutions conduct cases during the Covid-19 pandemic. This is as true in China as in the rest of the world. In fact, information technology has been quietly adopted and widely used by judiciaries in many countries since the 1990s when the Netherlands judiciary set up its first platform to discuss information technology for its courts.

Law relating to the Securities and Exchange Board of India (Settlement Proceedings) Regulations 2018

By Sanjay Buch and Devanshi Nanavati. Law relating to the Securities and Exchange Board of India (Settlement Proceedings) Regulations 2018

‘Auto-bearings’ and ‘CBB’: the peculiar story of a cartel duo

By Anisha Chand and Swati Bala. ‘Auto-bearings’ and ‘CBB’: the peculiar story of a cartel duo - Asia Pacific Regional Forum, December 2020

Transitioning from LIBOR – the road ahead for the Indian banking sector

By Nand Gopal Anand, Ankit Sinha, Harshit Dusad and Garima Parakh. Transitioning from LIBOR – the road ahead for the Indian banking sector - Asia Pacific Regional Forum, December 2020

The Indian insolvency regime: recent amendments under the Insolvency and Bankruptcy Code 2016

The article aims to collate and provide a broad view on the recent amendments to the Insolvency and Bankruptcy Code 2016

Documents to review before accepting a deed of guarantee provided by a PRC company - CWG

It is common in a cross-border M&A transaction for the foreign vendor to require a Chinese purchaser to provide a deed of guarantee with the transaction documents as a security to the vendor for the purchaser’s obligations. Other than requiring a deed of guarantee executed by the guarantor with the signature by its legal representative and company stamp, what other documents are required to be checked and reviewed in order to make sure that the deed of guarantee is enforceable according to the Chinese law?

Contract termination in the Civil Code - CWG

On 28 May 2020, the National People’s Congress of the People’s Republic of China approved The Civil Code of the People’s Republic of China (Civil Code). The Civil Code will come into force on 1 January 2021.

Enforcement of Indian bank guarantees: a dichotomy in law

Enforcement of Indian bank guarantees: a dichotomy in law- October 2020

Third-party funding: a saviour to the distressed claimant who needs to litigate but is strapped for cash

Third-party funding: a saviour to the distressed claimant who needs to litigate but is strapped for cash- October 2020

Taiwan merger control: how and when to file

Merger-control compliance might seem easy and reasonable in Taiwan, but it is still important for businesses to be guided by competent counsel. Recent updates to legislation mean multinationals need to be aware of Taiwan’s rules regarding merger-control notifications. The penalties for failing to comply are considerable, and the Fair Trade Commission can ban a merger, unwind it, or issue fines in increasing amounts. Knowing when and how to file in Taiwan is key to a successful merger.

Indonesia looks to regulate private electronic system organisers

By Michael S Carl. Indonesia looks to regulate private electronic system organisers - Asia Pacific Regional Forum, September 2020

Indonesian bankruptcy and suspension of debt payment proceedings in the Covid-19 era

By Michael S Carl. Indonesian bankruptcy and suspension of debt payment proceedings in the Covid-19 era - Asia Pacific Regional Forum

The status quo of foreign investment in China

By Xu Tian, Felix Engelhardt. The status quo of foreign investment in China - Asia Pacific Regional Forum, September 2020

India: companies, know thy rights – the right to rebut proxy advisors and the right to redress

The article analyses the recent SEBI Circulars which have provided a one of its kind regulatory framework for proxy advisors and discusses the rights of listed companies arising from the Circulars.

Regulating cryptocurrency in India

Regulating cryptocurrency in India - Asia Pacific Regional Forum, September 2020

Foreign interference laws: political paranoia or sound domestic policy?

By Robert Wyld. Foreign interference laws: political paranoia or sound domestic policy? - Asia Pacific Regional Forum, September 2020

Employer’s loss of confidence in employee: the confusing legal evolution, a cautious route to tread

Loss of confidence is a peculiar case in matters of termination of employment. A concept seemingly warranting an inquiry into the actions of an employee before taking the final step of employment cessation, the evolving jurisprudence on the subject is indicative of a pro-employer approach, albeit a cautious one, that allows for termination simpliciter in such cases. The article explores this jurisprudence and the practical nuances around the concept which may serve as a guide for employers.

How Brazil’s new General Data Protection Law could affect Asian companies

Leopoldo Pagotto and Eric Nakahara. How Brazil’s new General Data Protection Law could affect Asian companies - Asia Pacific Regional Forum, September 2020

Amendments to India’s Companies Act in light of the Covid-19 pandemic

The article aims to collate and provide a broad view on the various amendments incorporated under India’s 2013 Companies Act in light of the Covid-19 pandemic.

Transitioning from LIBOR: understanding the modalities

This article touches on issues that have led to the discontinuation of LIBOR, and delves into the transition from LIBOR to risk-free reference rates and the concerns in the transition.