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News & Analysis

Manufacturer and Distributor Provisions based on GR No.29/2021 and MOT Regulation No.24/2021

14 October 2022 by Melli Darsa & Co - Indonesia

Last year, the Minister of Trade (“MOT”) issued the MOT Regulation No. 24 of 2021 (“MOT Regulation 24/2021”) on Agreements for Distribution of Goods by Distributors or Agents, which revokes and replaces the MOT Regulation No. 11/M-DAG/PER/3/2006 (“MOT Regulation 11/2006”). MOT Regulation 24/2021 was issued as an implementing regulation of Government Regulation No. 29 of 2021 on Implementation of the Trade Sector (“GR 29/2021”).

News & Analysis

Integration of decentralised blockchain (off-chain) arbitration

14 October 2022 by Dominic Ng Ken Ming

In an era of accelerating developments in the domain of Web3, smart contracts and blockchain are concepts that are increasingly familiar. Likewise, heralds for the digitalisation of traditional and classic dispute resolution mechanisms have never been louder. To properly decipher and ensure smooth digital adoption, it is of paramount importance for practitioners, to appreciate and understand the local legislative mechanisms in order to ensure the enforceability of awards arising from such digitalised dispute resolution mechanisms. This article highlights, solely, from a Malaysian legal perspective, how decentralised arbitration platforms can potentially be integrated with existing domestic legal frameworks.

News & Analysis

Skyrocketing Material Prices’ Impact on Construction Contracts and Impending Amendment to Korean Fair Transactions in Subcontracting Act

04 October 2022 by Jipyong - South Korea

While the global economy is suffering from COVID-19 related recession and political unrest, the construction industry has been hit especially hard by surging prices of materials and wages. Subcontractors in particular are suffering huge losses. To cushion the harsh blow to contractors and subcontractors, the Korean government has introduced a mechanism called “Supply Cost Linkage System” effective September 2022. Through this system, increases in raw material prices can be automatically reflected and incorporated into construction costs. This system, however, is not mandatory under the current law, and several bills to amend the Fair Transactions in Subcontracting Act (the “Subcontracting Act”) are being introduced one after another.

News & Analysis

Issues in Acknowledging Rights of AI Entities in the Existing Legal Framework

23 September 2022 by LexOrbis - Joginder Singh (Partner) & Piyush Sharma (Associate Partner)

In our routine life, AI entities have found a prominent place in the form of virtual assistants. Siri, Alexa, Google Assistant, and Bixby are prominent examples of the presence of AI in our daily lives. Moreover, smart electronic appliances, such as Air-Conditioners, Refrigerators, Chimneys, and Television have also imbibed AI to offer preference-based operation for the convenience of the end-user. One of the most ground-breaking applications of AI is found in autonomous cars, which have recently been garnering a lot of media attention. Therefore, knowingly or unknowingly, AI has become an essential part of our lives and it is quite evident that its presence and our dependence on the same will increase in the years to come.

News & Analysis

Recent Changes to the Scope of Available Discovery in International Arbitration

05 September 2022 by Jipyong - South Korea

Corporations often turn to arbitration to manage risks of being hauled into unfamiliar national courts and unpredictable laws. An often overlooked consequence of choosing arbitration is that available discovery may be limited, as a trade-off to efficiency and cost-saving. But in many civil law jurisdictions such as South Korea, discovery practice may be more limited than arbitral proceedings seated in common law jurisdictions or governed by their laws. In this regard, discovery in U.S. litigation stands out unparalleled.

News & Analysis

Recent developments at the Indian Patent Office related to filing of sequence listing as per the WIPO standards

30 August 2022 by LexOrbis - Manisha Singh (Partner) & Shikha Singh (Managing Associate)

As known by many in the Intellectual Property industry the WIPO was working on the tool named “WIPO sequence” since 2020. Its first stable release was launched on April 7, 2020, followed by two consecutive releases till the final version i.e. WIPO Standard ST.26 went live on July 01, 2022. As soon as this tool was launched all the PCT countries including India recognized its importance. Consequently, the Indian Patent Office on 17th June 2022 issued a public notice informing all the stakeholders that all Sequence Listings that are part of an international application filed on and after 1st July 2022 under the Patent Cooperation Treaty must be compliant with WIPO Standard ST.26.

News & Analysis

Employment (Amendment of First Schedule) Order 2022

16 August 2022 by Shearn Delamore & Co - Sivabalah Nadarajah, Benedict Ngoh Ti Tang

On 12 August 2022, the much-anticipated Employment (Amendment of First Schedule) Order 20221 (“2022 Order”) was gazetted and it will come into force with effect from 1 September 2022.

News & Analysis

Financial Regulation Innovation: Policy Direction of FSC

16 August 2022 by Lee & Ko - South Korea

Lee & Ko’s Digital Finance Team takes a close look at the establishment of the Financial Regulation Innovation Council, the direction of the financial regulation innovation announced by the Financial Services Commission, and the points to consider in relation to future improvements to financial regulations.

News & Analysis

Sheriff’s Expenses — The Requirement to Obtain Prior Sanction of the Court or the Sheriff

04 August 2022 by Shearn Delamore & Co - Rajasingam Gothandapani, Lynnette Tan Hui Ling

A case note by Rajasingam Gothandapani and Lynnette Tan Hui Ling.

News & Analysis

Should Hong Kong businesses be resetting their integrity agenda?

25 July 2022 by LC Lawyers

COVID-19 disrupted businesses globally and impacted the way they operate, with knock on effects on employees, counterparties and customers. Amid the turmoil, new opportunities and challenges emerged, some posing difficult ethical dilemmas affecting future viability and success of businesses. These factors created a perfect storm for misconduct. Two plus years on, we are starting to see its impact on businesses and their personnel.