Already an IBA member? Sign in for a better website experience

IBA China Working Group

About the China Working Group

The China Working Group (“CWG”) of the IBA Asia Pacific Forum was created in late 2015 to raise awareness in the Chinese legal community (members and non-members of the IBA) about the IBA activities and initiatives in China, in the region and worldwide. Since China is one of the largest growing markets, the CWG is working on different projects related to opportunities with governmental organizations, the private practitioners and legal associations. The China Working Group aim is to better understand the needs of Chinese lawyers and the Chinese legal community and recruit more speakers and attendees to IBA events in the region and work on specific Asia/China initiatives.

The objectives of the CWG include:

  • advising the IBA members on activities in China and keeping IBA members aware of various events and initiatives in Chine, in the region and worldwide;
  • providing input on issues specific to China including opportunities with governmental organisations and legal associations;
  • reaching out to non-members, including in-house counsel and academia in China to take part of the IBA initiatives and join as member to enrich the IBA membership as a whole;
  • promoting IBA conferences, projects, and programmes and supporting IBA members with interests in China by making known important legal developments in China;
  • acting as a central hub for information and ensuring that IBA members based in mainland China have the opportunity to become more involved, by planning and participating in events as attendees or speakers;
  • issuing newsletters 2 to 3 times annually in Chinese and English to inform the Chinese legal community of the changes in laws/regulations. Articles are written by the China Working Group member and IBA members;
  • helping conferences organisation held in China; and
  • getting more Chinese speakers at IBA events.
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 with 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 vision and judiciaries and arbitral institutions have been made great efforts to embrace 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

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 09, 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 06, 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 06, 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 06, 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