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Asia Business Law Journal – November/December 2023

Volume 8, Issue 3

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Highlights:

A doorway opens

New era beckons after 2023 legal storm

The world saw dramatic shifts in 2023, many of which shocked the legal arena. It was a whirlwind of geopolitical, technological and environmental change.

This is the essence of our Cover story, where we dissect the reconfiguration of the global stage influenced by various factors: the economic duel between the US and China; an escalating war between Russia and the Ukraine; and a rebound from the restrictions of the covid-19 pandemic. Digital technology and Artificial Intelligence (AI) also took leaps forward, sparking discussions on ethics, IP rights and data privacy.

Climate change moved to the forefront of discussions, particularly in Asia. Lawmaking never stopped. The OECD launched its blueprint for a global minimum tax on evasive multinationals, India rolled out a new data law, and Indonesia launched innovative financial instruments, to mention a few.

In essence, 2023 amplified global challenges but also showed there is room for leadership and adaptation in lawmaking. It’s a pivotal moment, the doorway has opened on an entirely new legal era.

As 2024 fast approaches, our Intelligence report shifts attention to the emerging opportunities in the land of the rising sun – Japan. After demonstrating substantial growth in 2023, Japan’s market continues to hold a radiant outlook for investors in the upcoming year. According to industry experts, despite potential slowdowns, marked interest remains in M&A, private equity and real estate.

In this report, we highlight Japan’s rise as a key investment epicentre, owing to its distinctive mix of characteristics separating it from other global economies. Japan’s political structure ensures stability, complemented by a technologically advanced environment and a reliable workforce.

Growth in investment areas such as technology, energy and sustainability will involve increasingly complex transactions and require sophisticated legal expertise, boosting demand for legal services.

With this issue’s In focus, we discuss the dynamic changes in private equity (PE) in China, focusing on its ongoing transformation from US dollar funds’ dominance to the rise of state-backed investors and government-guided funds. Addressing macro challenges like strict regulations and declining fundraising, we explore China’s commitment to supervising the PE sector while drawing special attention to the significant drop in PE activities in 2023.

We also look at the growing influence of renminbi funds and the impact of the Regulations on the Supervision and Administration of Private Investment Funds implemented in July 2023. The story extensively analyses the evolving challenges and regulatory changes shaping China’s PE industry.

Our regular Head to Head series of articles zero in on health tech in North Asia and the trendsetting developments impacting the stronghold capital markets of Hong Kong and mainland China.

An Expert briefing comes from the Cayman Islands and explores a ground-breaking decision by the Grand Court of the Cayman Islands to assert its authority in issuing interim injunctions for foreign arbitrations, with an intriguing spotlight on a milestone Chinese arbitration case under the 2012 Arbitration Act. Another in our Expert briefing series looks at how Singapore is ringing in tax changes to keep it competitive, pay for an energy transition, and align with new international standards.

This issue proudly showcases two award series from our annual assessments: the Philippine Law Firm Awards 2023, and the Korea Law Firm Awards 2023, celebrating these two countries’ most exceptional legal talent.

Finally, we present our annual Vietnam A-List, featuring the crème de la crème of Vietnamese legal professionals, 100 top-tier lawyers selected through accolades from domestic and international clients as well as endorsements from peers worldwide.

In this issue

Cayman toolkit for foreign arbitration

By Jeremy Lightfoot, Kimberley Leng, and Yi Yang, Carey Olsen in Hong Kong

Recent developments have reinforced the Cayman islands’ pro-arbitration reputation

HK in-house counsel body turns 20

The Association of Corporate Counsel Hong Kong (ACCHK) marked its 20-year anniversary with a celebration attended by nearly 100 participants

A comparison of healthtech regulatory issues in North Asia

Drug pricing and reimbursement top the agenda in South Korea, while Japan is exploring the impact of digital technology on medical information

Philippines top law firms 2023

Philippines Law Firm Awards 2023

Acknowledging the country's outstanding legal performer in 2022

Heights of spin-off success

Dizzy heights of spin-off success

By Stephen Luo and Stella Yeung, Jingtian & Gongcheng
Countering bad-faith TM hijack

Countering bad-faith TM hijack by first-to-file

By Mila Federis, Federis & Associates Law Offices
healthtech regulatory issues korea

A comparison of healthtech regulatory issues in North Asia: Korea

By Sung-Tae Kim, Hyun Wook Kim, Youngsik Byun and Minyoung Park, Shin & Kim
Cayman Islands’ foundation companies

Why are Cayman Islands’ foundation companies popular?

By Robert Farrell, Loeb Smith Attorneys
Chinese companies step towards US listing

Hundreds of Chinese companies step towards US listing

By Wang Xianzhong, W&H Law Firm
japan-witnessed-keen-growth-ahead-optimistic-top-lawyers-L

Japan still hot for 2024

Japan has witnessed keen growth in 2023 and the year ahead looks just as optimistic, say top lawyers

Korea Law Firm Awards

Korea Law Firm Awards

Asia Business Law Journal names the country's top law firms.

Exploring capital market trends and regulations

Bulls, bears and big moves

Direction corrections on Singapore tax

Direction corrections on Singapore tax

By Eugene Lim, Christine Schwarzl and Mei Yeo, WTS Taxise in Singapore

The island nation is ringing in tax changes to keep it competitive, pay for an energy transition, and align with new international standards

commodity trading legal challengesvideo

The lawyers that keep our lights on

By Ian Teo, Helmsman LLC
The-legal-year-in-review-2023-L

2023 – The legal year in review

From AI and geopolitics to energy transitions and global taxation, law firms and in-house counsel had plenty to keep them busy in 2023

A comparison of healthtech regulatory issues in North Asia: Japan

By Koji Sugimura, Mitsukuni Terada and Takuya Izumi, SUGIMURA & Partners

HR manager’s guide to data privacy officer role in India

By Shailyamanyu Singh, Anand and Anand

Shuffling the deck

Bleak prospects have dealt a challenging hand of enhanced regulations to players in China’s private equity market

Vietnam’s-top-100-lawyers-2023

Vietnam’s top 100 lawyers

Asia Business Law Journal reveals the leading talent in Vietnam’s legal profession

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