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News & Analysis

What trends can be observed as China cracks down on corruption?

26 July 2017 by Asia law

This year marks the fifth year of President Xi’s anti-corruption campaign, but China is moving only slowly up the ranks of the least corrupt jurisdictions globally. Transparency International had it at 79 on its corruption perception index in 2016, compared to 83 the year before. At the same time, proposals to amend the anti-unfair competition law, a social credit system and a national supervisory commission that is expected be in place by March 2018 shows a clear message from the Chinese government: Big Brother is watching and investigations into suspected corruption will only intensify, so businesses operating in China should ready themselves for legal consequences if their anti-corruption policies are weak.

News & Analysis

China launches reporting framework against tax evasion

05 July 2017 by Asia law

The Common Reporting Standard (CRS) has become effective in China, a sign that the country is taking a full part in the OECD’s initiatives on the automatic exchange of information (AEOI). Soon the tax authorities there will have access to detailed information about the assets held overseas by Chinese taxpayers.

News & Analysis

Australia proposes changes to reverse takeovers rule to require bidders to get shareholder approval

04 July 2017 by Asia law

The ASX (Australian Stock Exchange) has proposed changes to its listing rules to require bidders to obtain shareholder approval for reverse takeovers. These would be takeover bids or schemes of arrangement where the bidder issues more than 100% of existing capital in a bid. The change will probably begin on October 1 but would not apply to transactions announced before the implementation date.

News & Analysis

Partner moves and firm updates for the week of July 3

03 July 2017 by Asia law

Latest partner moves and firm updates from Thailand, Singapore, India and more

News & Analysis

Malaysia launches new corporate governance Code

28 June 2017 by Asia law

Malaysia’s Securities Commission has announced a new Code on corporate governance to increase the accountability and transparency of public companies. The code took effect on April 26 and all publicly listed companies will be required to comply with it from their annual reports for the 2017 financial year ending December 31.

News & Analysis

The role of Asia in the development of international law

27 June 2017 by Asia law

July 1 marks the 20th anniversary since Hong Kong’s return to China and the start of its One Country Two Systems policy, which was created by Deng Xiaoping to give Hong Kong the ability to retain its economic, legal and political system, through the Basic Law, after reunification with China. Hong Kong’s reputation as a gateway for trade and the rapid development China’s legal system point to a growing need for cooperation and collaboration in the international rule of law, especially as investment increases with initiatives such as One Belt One Road (OBOR) and for policy makers, business people and academics to discuss and understand how this might work.

News & Analysis

Vietnam’s draft competition law targets foreign companies

21 June 2017 by Asia law

Vietnam’s Ministry of Industry and Trade has put out a draft competition law that aims to bring the country’s existing competition laws more in line with international markets. Unlike the existing law, the draft law explicitly covers foreign entities, and introduces anti-competition effect and market power concepts. It is expected to be submitted to the National Assembly later this year and will probably come into force in mid-2018.

News & Analysis

Third-party funding in arbitration now permitted in Hong Kong

15 June 2017 by Asia law

Like it or not, arbitration can be expensive. Third-party funding arrangements offer a possible solution.

News & Analysis

Exceptional Female In-House Counsel interview series: Catherine Kardinal, General Counsel, Siemens

12 June 2017 by Asia law

This month, we speak with Catherine Kardinal, general counsel for Siemens in Hong Kong, about the importance of finding a company culture that fits one’s lifestyle, the challenge of getting support from management on legal advice as an in-house counsel and how being a company lawyer can be similar to being a psychologist.

News & Analysis

Are investment courts the answer to investment treaty dispute resolution?

07 June 2017 by Asia law

Investment courts for resolving investment treaty disputes is on the agenda for the negotiations on the China-EU bilateral investment treaty, which are due to be completed later this year. Policymakers, academics and lawyers at a conference in Hong Kong last month offered various perspectives on the potential advantages and pitfalls of having an investment court and other options that could be available.