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Asia Business Law Journal – July/August 2024

Volume 9, Issue 1

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Highlights:

Shifting sands

Surprising transformations across Asia

Indonesia’s election outcome, marked by stability rather than upheaval, is just one of the many shifts taking place across Asia. In India, a surprising pivot from arbitration to mediation in public sector disputes has raised questions about the country’s legal strategy, while the rise of legal technology across the region signals a shift towards AI-driven solutions despite ongoing concerns about data security. Law firms and investors are closely watching these changes as they navigate opportunities and challenges in the months ahead.

For our Cover story, titled Turning the tide, we asked lawyers in Jakarta for their assessments of political shifts as Indonesia navigates the lengthy aftermath of its 14 February election while waiting for the president-elect to be sworn in on 20 October. Unlike previous transitions, the incoming president, Prabowo Subianto, pledges continuity with outgoing president Joko Widodo’s reforms, particularly in foreign investment and infrastructure development.

This has fostered cautious optimism among law firms and investors. As Indonesia prepares for Prabowo’s swearing-in, legal experts in Jakarta are already seeing a steady business climate, with hopes that the promised continuity will sustain the country’s economic momentum.

While on Indonesia, be sure to peruse the Indonesia Law Firm Awards 2024, where we recognise the nation’s leading law firms for their outstanding achievements and excellence in the past year. Awards were presented to ABNR as the Law Firm of the Year; Januar Jahja & Partners (JJP) as Best Boutique Law Firm; and ABNR, Assegaf Hamzah & Partners, Hadiputranto Hadinoto & Partners (HHP), and SSEK Law Firm as the Best Overall Law Firms.

This issue’s Intelligence report, titled Legaltech takes off?, digs into evolving legal technology in the region, highlighting the challenges with the gradual adoption of AI-driven solutions among law firms and corporate legal departments. As legaltech companies navigate concerns about data security, accuracy and integration with existing systems, recent regulatory changes and innovative partnerships signal a potential shift in mindset across the region. The report also provides a comprehensive analysis of how law firms and corporations in Asia are responding to the growing demand for digital transformation, despite ongoing reservations.

Our Asia-specific article, titled Arbitration about-face?, explores a shift in 含羞草社区 legal strategy concerning dispute resolution. After years of advocating for the country to be a global arbitration hub, the Ministry of Finance issued new guidelines urging departments to reduce their reliance on arbitration. This change has stirred controversy, as it appears to conflict with 含羞草社区 earlier ambitions.

The annual Korea Outbound Investment Guide, produced in collaboration with the Korea In-house Counsel Association, offers a comprehensive overview of opportunities and regulatory landscapes across 10 key jurisdictions. This guide is designed to assist Korean companies in navigating investment in foreign markets, with expert legal insights on regulatory frameworks, challenges and pitfalls, and sound investment strategies each tailored to specific jurisdictions.

This issue also features several Regional guides covering key legal developments in real estate, ESG, arbitration and patent laws across Asia. In the real estate guide, we dissect the unique approaches to property sector development in the Philippines, Japan and India. Our focus for the guide on environmental and social governance (ESG) explores laws in the Philippines, China and Taiwan. Our guide to arbitration law, looks at the mature markets of Hong Kong and Singapore, while in the Philippines there have been dynamic advancements. Finally, the guide on patent laws highlights recent developments in Japan, China and India.

Our Head-to-head series looks at employment laws, analysing the unique regulatory frameworks and labour policies that shape these countries’ workforce dynamics. And we dig into the challengingly complex world of technology, media and telecoms (TMT) law, featuring analyses from Bangladesh, India and the Philippines.

The first of our Expert briefing articles covers drone technology and commercial applications in Japan, including how regulations are evolving. The second briefing focuses on private wealth in China, marking trends in wealth management.

Finally, don’t miss our Philippines A-List, highlighting the top 100 lawyers in the country. For the first time, we also present our exclusive list of 35 Legal Icons – true leaders in the legal community who have demonstrated enduring excellence and unmatched service throughout their careers. These legal experts are selected through nominations from clients both in the Philippines and around the world, as well as via accolades from their international peers.

In this issue

Wealth management developments in China

By Hengka (Henry) Ji and Xin (Amber) Guan, Zhong Lun Law Firm

China's shift to high-quality development requires wealth planning for high net worth individuals

The Philippines top lawyers 2024

Following an extensive nomination process, Asia Business Law Journal unveils its top performers of the country’s legal profession

Intellectual property protection in Taiwan

By Patrick Chu and Winona Chen, Lee and Li
Philippines' Public-Private Partnership Code

New law invites foreign interest in Philippine PPPs

By Emma Rose R Tomaneng, ACCRALAW
korean investors investment strategies china

Investment strategies in China for Korean investors

By Ryan Xinghui Jin, JunHe
Foreign investment reforms india

Modi 3.0: Key reforms for foreign investment in India

By Shruti Kinra and Mragank Shukla, Shardul Amarchand Mangaldas & Co
Structuring-considerations-for-Korean-M&A-in-India

Structuring considerations for Korean M&A in India

By Suneeth Katarki, Rashi Saraf and Swathi Sreenath, IndusLaw
IP protection philippines

Focus on IP protection in the Philippines

By Rogelio Nicandro and Nicole Beatriz Yap Veloso, Romulo Mabanta Buenaventura Sayoc & De los Angeles
Legaltech-take-off-cover

Legaltech take-off?

Designing a joint venture contract in Taiwan

By Lee Li-Pu, Chen Chiu-Hua and Teresa YC Pan, Formosan Brothers Attorneys-at-law
korean investment introduction thailand

Introduction to Korean investment in Thailand

By Tananan Thammakiat, Piyawannee Watanasakolpunt and Nathaorn Yingseree, Chandler MHM
Japan Drone Regulations

Regulations controlling Japan drone-tech

By Toshiki Doi and Yui Mimura, Chuo Sogo LPC
ESG update

ESG update

labour dispute management taiwan

Understanding labour dispute management in Taiwan

By Patrick Chu, Matt Lai and Eugene Chung, Lee and Li, Attorneys-at-Law
Keeping up with TMT

Keeping up with TMT

Paths Rapport

Paths to Rapport

Director Accountabilityvideo

Raising the bar for directors

By Una Khng, HELMSMAN
Indonesia Law Firm Awards 2024

Indonesia Law Firm Awards 2024

Asia Business Law Journal names the country’s top law firms

Fintech in philippines

Arbitration about-face?

Finance ministry makes about-face on arbitration

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