July/August 2008 - Cover Story
Getting over the language barrier
A shortage of lawyers - particularly Mandarin speaking - is heavily impacting on law firms' ability to do business as mainland China continues to attract high end transactional deals. Chris Bisogni reports.
Features
Mediation tipped to be a key part of dispute resolution
Dispute resolution is a fast-growing area of practice in Asia. Regional in-house counsel must contend with questions including the choice of dispute resolution method, use of escalation clauses, and selection of an arbitral seat, as well as dealing with a multitude of jurisdiction-specific issues. The 3rd Annual Asia Pacific Dispute Resolution Summit held in Singapore last month provided the perfect forum for discussion of these questions. Phil Taylor reports.
In-house Counsel Career Poll
Asialaw, in association with the University of London, conducted a regional poll in which in-house counsel were asked a range of questions relating to their careers in Asia, and what motivates them as far as working and relocating is concerned. Despite the recent attention on matters such as pollution, many lawyers are driven by personal issues including family and lifestyle.
Protecting your company from illegal land grants in China
Real estate is one of the most valuable assets that a foreign company can have in China. But the promise of financial gain may never be realised if land grant contracts made with local governmental bodies turn out to be illegal. Sonia Chan explains how to avoid such pitfalls.
Singapore's cautious approach to casino liberalization
Singapore surprised the world in 2006 with the passing of the Casino Control Act which provisionally allows for the establishment of two casinos. The country is taking a characteristically cautious approach to gambling, with tight regulation and a new authority providing close oversight. Phil Taylor looks at the new Act and the potential impact on the legal scene.
What Korea's asset management regulators want
If a foreign asset management firm in South Korea wants to successfully operate it first needs to negotiate through the regulators, the Financial Services Commission and the Financial Supervisory Service. Not only this, but in-house counsel also need to prepare themselves for the Financial Investment Services and Capital Market Act. Both the regulators and the legislation will herald a new era of in asset management in South Korea next year. Sonia Chan reports.
The ambiguous world of China's new anti-monopoly law
China's first comprehensive competition law comes into force in August 2008. The new law introduces familiar competition law principles but provides only an outline. Questions remain concerning scope and application, and it is hoped that further guidance will follow soon. There are strict penalties for non-compliance, but businesses may find it difficult to know exactly how to ensure compliance. By Kirstie Nicholson, of counsel, Lovells, Shanghai
Behind the Deal
Baker & McKenzie advises Rohm and Haas on Vietnam plant deal
Herbert Smith advises TCL on its placement of new shares
O'Melveny represents underwriters in US$100 million restaurant chain IPO
DLA Piper advises NEC on acquisition of NetCracker technology
Gide Loyrette Nouel advises Air Liquide on joint venture in Tianjin
Fried Frank involved in China Merchants Holdings offering
Paul Hastings advises Softbank on its acquisition of a majority interest in Alibaba Japan
Allen & Overy advise Aareal Bank in landmark real estate deal
People Moves
• HKIAC appoints new secretary-general
• Gilbert + Tobin has new corporate partner
• Milbank's capital markets practice sees movement
• Norton Rose announces new Shanghai partner
• Jones Day hires new Tokyo partner from JPMorgan
• Latham & Watkins names new Tokyo managing partner
• Vinson & Elkins adds international dispute partner in Hong Kong
• Herbert Smith appoints new Singapore managing partner
• Baker & McKenzie increases its number of Asia-based partners by eight
• Mayer Brown JSM boosts its Global Trade practice in Asia
Legal Analysts
• The right of appeal under the amended Patents Act: a case study
• The law on electronic transactions and information - a general outline
• Class actions in Mexico
• Contract interpretation - Supreme Court says evidence of subsequent conduct admissible
• Supreme Court strengthens patent exhaustion doctrine
• Overview of the Labour Law in Vietnam
• Choosing the right practice area
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