Pumping life into the life sciences sector in China
July 8, 2013
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.
Moving the CIETAC goal-posts…for the better
July 8, 2013
Bringing China’s arbitration rules up to date and in line with international standards has far-reaching advantages, including greater transparency and more scope for choice from the parties’ point of view. Stuart Dutson and Yang Zhao of Eversheds provide an overview of the key changes to the CIETAC Rules (2012) and outline the impact these amendments will have on arbitral proceedings in China.
India Special Report
July 8, 2013
For a country firmly entrenched in tradition, embracing the twin hallmarks of development -capitalism and liberalism – have not been easy loads to bear for India’s economy. Given that its infrastructure cannot match its growth and its government is resistant to change, India’s economy is struggling with paradoxes that can’t be easily squared away. Still, it is now the second fastest growing industry in the world and it is taking steps to increasingly open up its market, in terms of FDI, the legal industry and its burgeoning retail sector. Our cover story explores the latest issues and trends affecting the economy and lawyers from Majmudar & Partners share their insights on the nuances affecting the stock broking business in India.
CHINA Inc: Investment opportunities into and out of China
July 8, 2013
Defying the GFC and strategically driving growth in virtually every sector, the world’s gaze remains fixed on China to continue its upwards trajectory. Frances Woo and Tiffany Chan of Appleby chart investment trends into Africa as well as the mushrooming consumer industry in the PRC.
Assistance in Dispute Provisions: helping former employers in Japan when they find themselves in a bind
July 8, 2013
When employers in Japan find themselves in a dispute, in need of vital information, it may be that their former employees hold the key to securing a resolution. A voluntary agreement containing an Assistance in Dispute provision could be helpful in this case. Sayaka Ohashi, Toshishige Fujiwara and Peter Sise of Anderson Mori & Tomotsune take us through the benefits and pitfalls of such a provision.
Investigative Intelligence
July 8, 2013
The value of ‘intelligence’ when investigating corruption & bribery in India
Deals Of The Year 2011
July 8, 2013
Pitted against a backdrop of financial as well as natural disasters in 2011, in-house and external counsel had to fight clock, calendar and boundary to get their clients’ deals across the finish line. Notably, countries in the Asian and MENA regions, drivers of the engines of growth since the GFC and the Euro-crisis, have delivered a high level of torque. ASIAN-MENA COUNSEL celebrates an array of stellar deals in this issue that made the short-list for their size, innovation, complexity and uniqueness. From towering IPO’s to huge eco-friendly structures, our winning deals as well as our honourable mentions, span an impressive gamut.
Keep your clients close, and your in-house counsel closer
July 8, 2013
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.
Less dollars and more sense – a checklist for your service level agreement
July 8, 2013
As many firms increasingly come under fire for their charge-out methods, Stephen Hopkins, International Head of Eversheds elucidates us with a checklist which sets out ways in which in-house counsel and their external teams can add value and achieve their client’s objectives while attempting to stay within budget. Timely co-ordination and communication between the two teams and the client are critical, he states.
Non-compliance with U.S. Anti-corruption law: Are you losing millions in company value?
July 8, 2013
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.
Resolving Disputes
July 8, 2013
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.
Whistling while they smirk, or eyeing the door?
July 8, 2013
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.
Industry Thoughts
July 8, 2013
“In this age of fiberglass I’m searching for a gem” – Competition, technology and the regional firms of Asia
Playing devil’s advocate on the Congo case
July 8, 2013
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.
Women in the Law
July 8, 2013
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.
Acknowledging the Labour that goes with the Love – a look at extended maternity leave in China
July 8, 2013
Lesli Ligorner and Mitchell Mosvick of Paul Hastings shine a light on the steps taken by the Chinese government to improve the lives of working mothers. Extended maternity leave benefits, greater protections for new mothers and additional entitlements based on individual circumstances have paved the way for a more balanced lifestyle and a significant move in the right direction in terms of social progress. And this could just be the tip of the iceberg….
Investigative Intelligence
July 8, 2013
Corruption and the Indian infrastructure boom Kroll’s Ramon Ghosh explains why a culture of corporate compliance is now likely to become vital when doing business in India.
“Landing Foreign Direct Investment in Asia”
July 8, 2013
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.
Is Singapore jockeying itself into position for a new sports law regime?
July 8, 2013
Singapore is making an effort to step up to the plate in order to give athletes a fair shake when it comes to competitive opportunities in the region, according to Stephen Townley, foreign consultant at KhattarWong. However, the island still has some way to go and needs to invest in the requisite ‘intellectual infrastructure’.
Will the new Hong Kong law on shareholder access to company documents represent a quagmire for in-house lawyers?
July 8, 2013
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.
Industry Thoughts
July 8, 2013
“And the pump don’t work ‘cos the vandals took the handle’ – Innovation and Legal Services (Part 1)
Investigative Intelligence
July 8, 2013
Best practice for anti-corruption reviews in merger & acquisition transactions