Where shares in a BVI business company are held by an individual, problems can arise on the death of that person. Failure to put succession planning in place could be costly, explains Raymond Davern of Conyers Dill & Pearman.
Pàdraig Walsh of Clyde & Co examines the developing law in relation to
shareholder access to company records and sets out some pitfalls that
in-house counsel should be cognizant of.
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.
In our latest edition, we take a look at why attitudes towards corporate governance are shifting in the Middle East, and investigate the steps being taken to overcome barriers to its effective implementation. Meanwhile, leading firms discuss the flow of trade along the New Silk Road, why Dubai’s approach to company set-ups is likely to pay off, and why a recent UK case is generating concern for parties to future Islamic finance transactions.
In a recent landmark ruling, the UK Supreme Court deliberated on the question of whether an overseas defendant had to have submitted to the jurisdiction under common law before a foreign bankruptcy order would be recognised and enforced in England. Richard Keady and Jay Qin of Bird & Bird consider the practical implications of the decision and the significance it may have on practitioners going forward.
In ‘Supporting the Legal Function (II)’, ASIAN-MENA COUNSEL brings you an exclusive extract from the revised paperback edition of Professor Richard Susskind’s ground breaking book, The End of Lawyers?, in which he shares his hard-hitting views on how the legal industry must adapt to survive. Plus, four senior practitioners provide their feedback.
Remote as one may think the ramifications are on an Asian company, compliance with the US FCPA can significantly impact upon and increase a company’s value. Mauro M.Wolfe and Kathrine A.Gehring of Duane Morris LLP clue us in on the potential opportunity cost of non-compliance … which can be substantial.
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.
Keeping an eye on corruption
In this month’s edition of ASIAN-MENA COUNSEL, we provide you with a Mekong Region Update. Industry experts from Gide Loyrette Nouel offer up a comprehensive overview on the current status of infrastructure in these largely underdeveloped countries bound together by the Mekong River. We learn that some of these countries are seeing sweeping economic and legal changes and here we discover how this has impacted the landscape in terms of foreign investment and new projects in the pipeline.
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