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The IBA’s response to the situation in Ukraine
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
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
By Yong Zhou. Counteracting unjustified extraterritorial jurisdiction: an analysis of PRC Blocking Rules - China Working Group, February 2021.
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.
By Dominic Hui. News corner - China Working Group, February 2021.
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.
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.
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.
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.
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.
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.
By Sanjay Buch and Devanshi Nanavati. Law relating to the Securities and Exchange Board of India (Settlement Proceedings) Regulations 2018
By Anisha Chand and Swati Bala. ‘Auto-bearings’ and ‘CBB’: the peculiar story of a cartel duo - Asia Pacific Regional Forum, December 2020
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 article aims to collate and provide a broad view on the recent amendments to the Insolvency and Bankruptcy Code 2016
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?
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- October 2020
Third-party funding: a saviour to the distressed claimant who needs to litigate but is strapped for cash- October 2020
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.
By Michael S Carl. Indonesia looks to regulate private electronic system organisers - Asia Pacific Regional Forum, September 2020
By Michael S Carl. Indonesian bankruptcy and suspension of debt payment proceedings in the Covid-19 era - Asia Pacific Regional Forum
By Xu Tian, Felix Engelhardt. The status quo of foreign investment in China - Asia Pacific Regional Forum, September 2020
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 - Asia Pacific Regional Forum, September 2020
By Robert Wyld. Foreign interference laws: political paranoia or sound domestic policy? - Asia Pacific Regional Forum, September 2020
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.
Leopoldo Pagotto and Eric Nakahara. How Brazil’s new General Data Protection Law could affect Asian companies - Asia Pacific Regional Forum, September 2020
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.
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.