Author: ihc

In our latest edition of ASIAN-MENA COUNSEL, the issue of Foreign Direct Investment takes centre stage. Homing in on the welcoming investment climate in Asia, Weerawong, Chinnavat & Peangpanor, pulls back the covers and sheds some light on the incentives that the Thai government has been able to drum up, despite recent political turmoil and Lubis Ganie makes a compelling case for FDI in Indonesia. Industry experts from Clasis Law and Jun He Law Offices bring their collective towers of experience to bear in their features on why India and China remain attractive destinations in which to settle funds.

Across Asia and the Middle East, women are playing an increasingly important role in the corporate legal world. ASIAN-MENA COUNSEL speaks to a host of successful women around the region who have managed to walk the knife’s edge and often balance their challenging legal careers with equally challenging family demands. Despite deeply embedded attitudes towards women and their traditional roles in parts of Asia, it is encouraging to note that many law firms around the region are becoming increasingly progressive and answering the call to create more supportive and flexible conditions for female lawyers. We hear women recount their stories about their rise to the top and the attitudes and conditions they face in their own countries as women in the law.

Debunking some of the myths surrounding the recent Republic of Congo case, Susanne Reynolds of Mayer Brown JSM pulls back the covers on the new precedent, shedding light on the legal implications arising out of the ground-breaking case.

The Japanese government takes a highly protectionist view of terminations of employment, to the extent that employers bear the burden of proving why they are letting an employee go. If a dismissal is not considered in keeping with standard social norms, an employer may fall foul of the law, according to Hajime Iwaki and Lawrence Carter of DLA Piper. A delicate balance has to be struck … between sometimes coaxing resignations and re-locating employees.

Resolving disputes does not always entail going rounds in the ring with your opponent, with litigation alternatives including arbitration and mediation to consider. In our Special Report, industry experts from around the region discuss the virtues of arbitration as a means of resolving disputes on relatively more amicable terms.

How do in-house teams claim legal privilege and establish their independence? According to Sascha Hindmarch, General Counsel, University of South Australia and Martin Meredith, barrister at Commercial Chambers, an in-house legal team acts for the business but is not a function of it. They highlight the key features of the nature of privilege and effective ways to adduce evidence of independence.

China is encouraging foreign investment into the pharmaceutical distribution industry by lifting previously entrenched barriers in ‘restricted’ categories in the field. Given that the government is additionally taking steps to reduce drug prices down the distribution chain, foreign manufacturers are electing to cut out the middleman and establish their own distribution business with a view to maxing out on profits. Jack Wang and Ma Ya of Freshfields Bruckhaus Deringer take us through the government’s efforts to boost foreign investment and consolidate the drug distribution industry in the PRC.

The relationship forged between in-house counsel and their external counterparts is a strong one, and in many cases can determine the volume of work directed their way. From our Representing Corporate Asia & Middle East Survey 2011, we have mined in-house counsel’s votes to reveal the winners of ASIAN-MENA COUNSEL’S External Counsel of the Year accolade.

Our cover story takes you through the merits and loopholes of employment legislation in various jurisdictions across the Asia and MENA regions. In addition, Bae Kim & Lee navigate the Korean employment maze and home in on dismissal issues whilst Al Tamimi provide us with an absorbing update on the state of play of employment in the UAE.
We are also excited to showcase the results from our External Counsel of the Year survey – where in-house counsel were asked to weigh in on who they believed to be exceptional external counsel in their own jurisdictions. We bring you the results and more here.