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News & Analysis

Legacy Lawyers Secure Favorable Order before Himachal High Court

22 December 2022 by Legacy Law Offices

The dispute resolution team of Legacy Law Offices LLP recently obtained two favourable orders for its client Usha Breco Ltd., in the matters of Usha Breco Ltd. & another v. Municipal Corporation, Shimla & another, and Usha Breco Ltd. & another v. Department of Tourism & Civil Aviation & another before the Himachal Pradesh High Court.

News & Analysis

Distribution of Video Games in Indonesia

20 December 2022 by Makarim & Taira S - Indonesia

Always wondered how age group ratings are determined in video games? Our latest advisory summarizes the key aspects of the Indonesian Game Rating System (IGRS) provided under Minister of Communication and Informatics Regulation No. 11 of 2016 on The Classification of Interactive Electronic Games.

News & Analysis

KFTC Proposes Revisions to Merger Review Guidelines and Merger Filing Guidelines

14 December 2022 by Lee & Ko - South Korea

The Korea Fair Trade Commission (“KFTC”) proposed revisions to the Merger Review Guidelines and the Merger Filing Guidelines to facilitate merger reviews of certain investments and to expedite their review process.

News & Analysis

Han Kun Releases 2021 Fund Practice Data Analysis Report: PE fund market rebounded. Smart hardware and biomedicine retained the crown

02 December 2022 by Han Kun Law Offices - China

In 2021, markets appeared to reach a new equilibrium following the widespread rampage wrought by Covid-19 the year before, as many economies gradually adjusted to the “new normal” and business activities saw a sharp rebound.

News & Analysis

Indonesia’s Competition Authority Takes SME Partnership Supervision to a New Level

11 November 2022 by Makarim & Taira S - Indonesia

The year 2022 marks a historic era for Indonesia’s Business Competition Authority (“KPPU”) as it is the year KPPU ruling on Partnerships involving Small Medium Enterprises (“SME”)’s passed. While stakeholders find it undisputed that SME Partnerships are distinct from competition matters, the prevailing laws and regulations provide that the supervision of SME Partnerships is borne by KPPU. Now that KPPU is actively enforcing that authority, business actors need be aware of and observe this issue moving forward.

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

Indonesia’s Personal Data Protection Law Finally Enacted

26 September 2022 by Makarim & Taira S - Indonesia

After extensive discussions and multiple changes to the draft bill since 2016, the Indonesian House of Representatives passed the draft bill on Personal Data Protection on 20 September 2022 (“Personal Data Protection Law”). The Personal Data Protection Law will be the basis of the regulations on personal data protection and this advisory highlights the key provisions.

News & Analysis

New Financial Service Authority Regulation on Peer-to-Peer Lending

06 September 2022 by Makarim & Taira S - Indonesia

The ever-growing industry of Peer-to-Peer Lending (“P2P Lending”) has driven the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) to issue OJK Regulation No. 10/POJK.05/2022 on Technology-Based Collective Financing Services, which came into force on 4 July 2022. The regulation provides more detailed and extensive provisions to cater with the rapid development of the industry. This advisory serves as a brief introduction to the regulation, in order to gauge the new regulatory framework for P2P Lending and how it differs from its predecessor, including the transition period for existing P2P Lending Providers to comply with the new requirements under this regulation.

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.