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Leo

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Pecking order

This article explores the tensions that arise between the powers of the court in policing the implementation and proper interpretation of the Insolvency and Bankruptcy Code 2016 (code), the limits on the rights of the corporate debtor during the insolvency process, and the powers of the insolvency resolution professional (IRP) in these circumstances

In-depth coverage of CBLJ Forum in Shanghai

Hundreds of in-house counsel and other business leaders attend CBLJ Forum

Section 87 relief for private companies

Supreme Court granted a huge relief to debt-ridden private sector by striking down section 87

Creditors’ wisdom should be heeded

Supreme Court verdict in the case of Essar Steel brought clarity to IBC code

Ironing the wrinkles out of GI logos, taglines

By Gowri Tirumurti and Purvasha Mansharamani, Anand and Anand

Hidden gems

We are proud to present the inaugural CBLJ In-house Counsel Awards in this issue

In the hot seat

Interview with Milton Cheng, Baker McKenzie’s new global chair

The A-List 2019: China’s elite lawyers

CBLJ presents a list of top private practice lawyers for China-related business

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution

When should companies recoup pension fund losses?

Exempted employers have to make good on payment defaults by issuers only in the event of a shortfall in interest payout

Multiple dimensions of mediation

A good settlement strategy evolves depending on the interplay between different aspects of the dispute

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

Open for business

Foreign investment requirements relaxed in single brand retail and other areas

Categorizing civil procedures for crimes involving the wider public

By Yang Guang and Zhang Xiaoke, Lantai Law Firm

De facto merger bankruptcy: reapportioning creditors’ interests

By Xu Bangwei and Zhang Xiaotong, Jingtian & Gongcheng

Cross-border securitization of trade finance credit assets

By Wu Jiejiang, Jingtian & Gongcheng

Legal risks in Daihuo

By Yu Rong and Tao Shan, Hylands Law Firm

GDR under the Shanghai-London Stock Connect mechanism

By Frank Qu, Dentons

3D TM operating strategy for enterprises

By Zhao Yunhu, Dentons

Update on due diligence for cross-border M&A

By Yan Xianrui and Li Huaizhi, East & Concord Partners

Practical issues regarding commercial bribery

By Zhang Haixiao, AnJie Law Firm

Sales suitability obligation for financial products

By Wang Weibin and Qiu Dongmei, AllBright Law Offices
TikTok

Is the clock ticking for TikTok in India?

By Santosh Pai and Abhishek Sharma, Link Legal India Law Services

Arbitration interim measures: Mainland-HK co-ordination (part 2)

By China International Economic and Trade Arbitration Commission

Service of arbitration documents on foreign parties

By Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)

Patent processes: Who carries burden of proof?

By Swati Gupta, LexOrbis

Rights ignored in optimising trademark processes

By Ruchi Sarin and Keya Joshi, LexOrbis

FAQs for encumbrance definition raise concerns

By Yogesh Chande and Preeti Kapany, Shardul Amarchand Mangaldas & Co

Are electric vehicles sparking into life at last?

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors

EVs: Driving towards a sustainable environment

By Dipti Lavya Swain and Ketaki Dandiya, HSA Advocates

Guide to litigation strategies

By Sneha Jaisingh and Shreya Gupta, Bharucha & Partners

FDI reforms give embattled economy a shot in the arm

By Vaibhav Kakkar and Sahil Arora, L&L Partners

Methods to levy indirect tax on e-commerce players

By Gautam Khurana and Mamta Saluja, India Law Offices

Taking a lenient approach to leniency

By Karan Chandhiok and Ruchi Khanna, Chandhiok & Mahajan

Revitalizing clinical legal education

Clinical legal education serves as the critical link between theory and practice

Cost of keeping clients

This issue features our annual report on Chinese law firms’ legal services fees

Wigs and robes

The practices concerning court dress in common law jurisdictions and China

Meltdown?

As competition heats up, how will law firms avoid low-cost chaos?

Arbitration: Six shades of wisdom

Interviews with leaders of six arbitration centres

The era of in-house counsel

Legal academic Professor Eunice Kim heralds a new era for in-house counsel

Trading trove

A foreign trade war, a collection of new trade alliances and a raft of pending legislation have placed Vietnam in a fortunate position for a major windfall. Can it capitalize?

2020 ACC Asia-Pacific Annual Meeting

ACC Asia-Pacific’s 2020 annual meeting in Singapore at the Shangri-La Hotel from 24 to 26 March will be homing in on key developments and trends within the region to support the theme, “the Asian century”

Take the chains off business

Recent moves to decriminalize violations of corporate and tax law are welcome

Thailand’s top 100 lawyers 2019

Thailand remains attractive to international investors for its openness to trade. The country has been a regional hub for many sectors. Asia Business Law Journal reveals Thailand’s top 100 lawyers in 2019
arbitration

China’s arbitration quid pro quo

Mainland institutions should seek to introduce the “China experience” to their global counterparts
Arbitration

‘Them and us’, or ‘all of us’?

Arbitration in the modern sense is an imported product for China
arbitration

Arbitration practice keeps evolving

Arbitration practice in mainland China evolves in a way that reflects its local characteristics

Adding a little China wisdom

Chinese arbitration has formed and developed several unique practices and experiences
arbitration

A meeting of the ways

Bringing the arbitration rules in line with international practice has long been a mainstream topic
arbitration

The road to broader engagement

Arbitration gives parties greater flexibility for the efficient resolution of their international disputes

Getting the deal done: Outlook for Thailand M&A

The Southeast Asian nation expects multibillion-dollar infrastructure projects to drive M&A, but care is needed with foreign ownership restrictions

Courting the internet

How Alibaba plays role in the establishment of Hangzhou Internet Court

Tech transition

How law firms tailor services for Hangzhou’s fast development

Customized designs of arbitration clauses

By Li Fei and Wang Gongjing, Langfang Arbitration Commission

ADR for commercial disputes in China

By Quan Zhaohui and Mo Xinying, ETR Law Firm

Arbitrate, or petition for winding-up?

By Cheung Kwok Kit, Deacons

How Chinese companies ensure compliance overseas

By Cui Haiyan, Zhejiang Brighteous Law Firm

Applying ‘safe harbour principle’ to cloud service providers

By Wang Yaxi and Xiang Li, Yuanhe Partners

Information disclosure of private funds

By Catherine Chen and Huang Yi'An, Zhong Lun Law Firm

Applying for Exim Bank of China’s overseas loans

By Wang Jihong and Wu Peng, Zhong Lun Law Firm

Disputes over GI wine trademarks

By Wang Yan and Zheng Xiaoxia, Wanhuida Intellectual Property

Can you avoid the pitfalls in TM arrangements?

By Frank Liu and Adam Zhu, Tiantai Law Firm

Facts to consider when safeguarding IP rights

By Li Jialin, Tiantai Law Firm

Decision on misapplication of evidence preservation in IP suits

By Geng Yunfeng, Sanyou Intellectual Property Agency

Tips on VIE liquidation practices

By Ji Fei, Merits & Tree Law Offices

Impact of Vietnam’s new Competition Law on mergers

This article aims to explore the new law’s impact on “economic concentration” activity, which includes mergers, acquisitions, consolidations and joint ventures

Studies highlight challenges in Philippine pharma market

By Amanda Carlota, Federis & Associates

Relative priority rule in Indian insolvency law

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co

Guernsey, Jersey toolkit for UK and Europe

The mature and stable regimes of the Channel Island states can be efficient hubs to manage capital flows across the world

Legal relationship of credit enhancement in structured trusts

By Yang Guang and Cynthia Lian, Lantai Partners

Civil risks facing senior officers of bankrupt enterprises

By Xu Bangwei, Jingtian & Gongcheng

‘Security by assignment’ and its regulatory framework

By Wu Jiejiang, Jingtian & Gongcheng

Designing an effective VAM clause

By Zhu Zhitong and Zhang Yang, Hylands Law Firm

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