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Asia Business Law Journal

New horizons

By George W Russell
As Asia-Pacific companies increasingly look abroad for fresh opportunities, law firms are expanding their footprints in response.

A comparison of digital banking regulations

As technology revolutionises the banking sector, brick-and-mortar retail is increasingly becoming obsolete as regulators jump to set new standards for inclusive finance

A comparison of digital banking regulations: India

By Manisha Singh and Nisha Sharma, LexOrbis

A comparison of digital banking regulations: Philippines

By Mark S Gorriceta, Micaela Kristina V Galvez, and Liane Stella R Candelario, Gorriceta Africa Cauton & Saavedra

A comparison of digital banking regulations: Thailand

By Troy Schooneman, Kongkoch Yongsavasdikul, and Koraphot Jirachocksubsin, Kudun and Partners

Offshore solutions in BVI

Corporate flexibility and ease of navigation can explain the increasing popularity of the British Virgin Islands among Asian fund managers, virtual asset businesses and special purpose acquisition companies

Hastening technology for Philippine smart cities

By Aris L. Gulapa, Charmaine Rose K. Haw-Lim, and Maria Isabelle J. Poblete, Gulapa Law
An ICT innovation that has gained traction across local government units and government agencies is the development of “smart cities”

Guide to BVI closed-ended investment funds

By Andrew Wood, Maples Group
In recent years the British Virgin Islands (BVI) has gained increasing popularity in the closed-ended sector of the industry.

The development of SPAC IPOs

By Rachael Pape and Christopher Smith, Conyers
Using Special Purpose Acquisition Companies (SPACs) as an alternative to traditional IPOs has been a key feature of financial markets since 2020.

Challenges, opportunities with virtual asset regulation in BVI

By Michael Padarin and Daniel Moore, Carey Olsen
Regulators globally are wrestling with tough questions as to how virtual assets should be regulated

BVI still at forefront of cross-border business

By Elise Donovan, BVI Finance
Corporate flexibility and ease of navigation can explain the increasing popularity of the British Virgin Islands among Asian fund managers, virtual asset businesses and special purpose acquisition companies

Taxation, legality of cryptocurrency in India

By Abhishek Malhotra and Bagmisikha Puhan, TMT Law Practice
The Finance Bill, 2022 (as tabled during the Union Budget discussion of 2022-2023) marked a watershed moment in 含羞草社区 journey towards regulating cryptocurrencies and fostering digital innovation and growth in the country.

Taiwan’s top 100 lawyers 2022

Following an extensive nominations process, Asia Business Law Journal reveals the A-List of Taiwan's legal profession

Outside the box

Movement in the West towards greater diversity and inclusion is now reverberating in Asia via work directed to law firms that embrace these values. But just how proactive are our legal communities here?

Diversity and inclusion in Indian law firms

By Aprajita Nigam and Manisha Singh, LexOrbis
Mere cohabitation of a diverse population is not enough. What is required is cohabitation with equal opportunities

The future of digital asset taxes in Thailand

By Palawi Bunnag, Laeard Ketwat and Pipat Pipatpajong, ILCT
Digital assets have become rapidly popular among Thai investors in the past few years

Strategies for post-pandemic recovery in Thailand

By Saravut Krailadsiri, Somboon Sangrungjang and Pariyapol Kamolsilp, Kudun and Partners
The pandemic marks the end of one business era, but also the start of another

The A-List: Top offshore lawyers 2022

Asia Business Law Journal reveals the top offshore lawyers

Thailand Law Firm Awards 2022

Asia Business Law Journal presents the best law firm in Thailand for 2022 and four winners each in 22 practice areas

KICA elects new chairman

The Korea In-house Counsel Association held its annual general meeting on 19 January and elected Kim Sung-Han, head of management office at Golfzon Newdin Holdings, as its new chairman and president

JILA supports energy arbitration forum

Masako Takahata, vice president of the Japan In-House lawyers Association, lent her speaking expertise to the inaugural webinar of the Japan chapter of the Energy Related Arbitration Practitioners

ACC survey crunches key issues for in-house counsel

The 2022 Chief Legal Officers survey conducted by the Association of Corporate Counsel found significant transactions, business-critical and environmental, social and governance (ESG) issues are the key focuses

In-house counsel month ? a new concept

ACC Australia continues to innovate in its programming by replacing individual in-house counsel days with a new concept: the in-house counsel month

ACC Australia appoints new president

The Association of Corporate Counsel Australia (ACC Australia) has elected Mei Ramsay as its new national president, succeeding Justin Coss

GCAI seeks more academic partnerships

Following a partnership agreement with Maharashtra National Law University Mumbai last December, the General Counsels’ Association of India is seeking more collaborations with academia

War of attrition

As Russia’s invasion of Ukraine continues, the international legal community has condemned not just with words, but by boycotting Russian business and transactions

Fair winds for use of copyrighted material

By Shiela Marie Rabaya, ACCRALAW
The concept of fair use seems to be straightforward. But in the application, finding the balance between the original creator’s rights and fair use by the subsequent user has proven to be difficult

Bright prospects for Philippines IP filings, enforcement

By Amanda Carlota, Federis & Associates

Advertisement of medical devices in India

By Ashutosh Upadhyaya, Anand and Anand

ESG in finance transactions: an offshore legal perspective

By Peter Vas, Loeb Smith Attorneys
2021 saw an unprecedented surge in ESG debt issuance, arguably underpinned by growing investor appetite for sustainable and green-linked investment options.

Specified users under CICRA herald changing nature of lending

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
The Reserve Bank of India (RBI) has amended the Credit Information Companies Regulations, 2006 on 10 November 2021, through the Credit Information Companies (Amendment) Regulations, 2021.

Avoidance applications in jeopardy?

By Misha, Shardul Amarchand Mangaldas & Co
An interesting question has arisen under the Insolvency and Bankruptcy Code, 2016 (IBC) as to whether avoidance applications filed by a resolution professional to avoid vulnerable transactions can survive after the successful conclusion of the resolution process.

Future of Indian IP rights in the Metaverse

By Sujata Chaudhri, Urfee Roomi, and Alvin Antony, Sujata Chaudhri IP Attorneys
The convergence of human interaction in digital lives through the metaverse creates a harmonious virtual community, but how will this evolution cope with disputes and challenges brought by trademarks and patents from the real world?

DAOism: a new kind of faith

By Andrew Godwin
The idea for a decentralised autonomous organisation, where the rules are baked into its code with no management structure or board of directors, has emerged with the rise of blockchain technology

Overview of Cayman Islands investment funds regime

By Robert Searle and James McKeon, Campbells in Hong Kong

Understanding red-chip structures in Cayman Islands

By Calamus Huang, Jessie Xu and Ericsson Yu, Harneys in Shanghai

New restructuring process for Cayman Islands

By Amelia Tan, James Noble and Vivian Siah, Carey Olsen in Singapore

SPAC IPO v traditional IPO: A Cayman perspective

By Matt Roberts and Richard Holden, Maples Group in Hong Kong

Wait and see on NFT framework in Korea

By Michael Kim, Daniel Lee, and Nathan Park, Kobre & Kim
The country is at a crossroad as it seeks to define virtual assets within its regulation

Cryptocurrencies in India: fad or future?

By Abhishek Malhotra and Bagmisikha Puhan, TMT Law Practice
Digital currencies have spread their wings into global fora, and the nation requires vision to avoid missed opportunities

Earth v law

Do lawyers have a heightened responsibility to help avert a climate catastrophe?

Philippines Law Firm Awards 2021

Asia Business Law Journal presents the best law firm in the Philippines for 2021 and four winners each in 22 practice areas

Carbon-neutral policies in Japan

By Koji Fukatsu, TMI Associates

Carbon-neutral policies in Indonesia

By Denia Isetianti Permata and Robert Reid, Soemadipradja & Taher

Carbon-neutral policies in India

By Manisha SIngh and Pradeep Kumar Kamal, LexOrbis

Carbon-neutral policies in China

By Charles J Yao, Jingtian & Gongcheng

A comparison of carbon-neutral policies

Asian policymakers have laid down frameworks to ensure public and private sector involvement in tackling the climate crisis

Forbidden not forgotten

Enthusiasm for cryptos in Indonesia has led Muslim clerics to forbid them, but the market begs to differ

Asia Business Law Survey

Our regional survey of law firms finds the legal market has adapted well during the pandemic and is striking a positive note for 2022

One step ahead

As most Asian jurisdictions restrict firms from promoting their services, marketing expert Barbara Koenen-Geerdink shares the workaround through business development strategies

Case study for sandbox approach on open finance

By Monique B Ang, ACCRALAW?
The central bank of the Philippines issued circular that sets out guidelines for the adoption of the open finance framework as a part of its digital payments transformation roadmap to promote financial inclusion

APCCA elects leader

The Asia Pacific Corporate Counsel Alliance (APCCA) has elected Arlene Lapuz Ureta as its new secretary-general, succeeding Reza Topobroto

KICA celebrates 10th anniversary

The Korea In-house Counsel Association celebrated its 10th anniversary on 2 November and published a digital book to commemorate this milestone

HK justice secretary at ACC seminar

The Association of Corporate Counsel (ACC) Hong Kong organised a lunchtime seminar at Justice Place with the Secretary for Justice of Hong Kong, Teresa Cheng

ACC Australia holds virtual national conference

The 2021 Association of Corporate Counsel (ACC) Australia held its In-house Legal National Conference from 8-9 November titled “Rethink limitations. Rethink possibilities. Rethink in-house.”

FICL supports Dispute Resolution webinar

The Federation of Indian Corporate Lawyers took part in a webinar titled “Dispute Solution or Alternative Dispute Resolution” organised by the Confederation of Indian Industry

SCCA hosts CLO Awards

For the fifth year, the Singapore Corporate Counsel Associations has crowned the Singapore Chief Legal Officer (CLO) Awards winners on 15 December

Legal frontiers in the Cayman Islands

The Cayman Islands has legal frameworks to offer Asian businesses bespoke approaches in capital raising opportunities

Continuing obligations of Cayman Islands private funds

By Elizabeth Kenny, Loeb Smith Attorneys
The Private Funds Act (2021 Revision) requires Cayman Islands-domiciled, closed-ended investment funds to register with the Cayman Islands Monetary Authority as a private fund

Is invisible use of TM in Google AdWords infringement?

By Madhu Rewari, Anand and Anand
The Google AdWords program has invited the attention of trademark owners as the number of infringement cases rises with third-party trademarks were being used

Is India ready for a digital lending overhaul?

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas
The rapid growth of the digital lending industry increased credit accessibility in India, but also brought concerns on unregulated entities, illegal digital lending applications and coercive recovery tactics

Issues and challenges of group insolvency in India

By Anoop Rawat and Ahkam Khan, Shardul Amarchand Mangaldas & Co
The Insolvency and Bankruptcy Code, 2016 incorporated the best practices across jurisdictions, and group insolvency was to be introduced in a phased manner

Common problems of trademark use in China

By Christy Chen, Corner Stone & Partners
Trademark registrants are obliged to keep their registered trademarks in use but this could be a challenge for a good number of trademarks

Tech challenges in Singapore, Thailand shipping sector

By Murali Pany and Warinbhorn Benjasak, JTJB
Although there is wide recognition that the adoption of tech will bring benefits, there are still significant issues that need to be addressed

Capital markets regulation in Hong Kong: SPAC listing regime

By Sherlyn Lau, Raymond Oh and Meng Ding, Sidley Austin

The A-List: Vietnam’s Top 100 Lawyers?2021

Asia Business Law Journal reveals Vietnam's top lawyers

A-List: Bangladesh 2021

Asia Business Law Journal reveals Bangladesh's top lawyers

Rise with the tide

Chen Yan, GC of KE Holdings, shares his experiences in adapting to China’s new personal data law

Down to brass tax

OECD tax expert reveals what is behind the sweeping overhaul of the international tax system

Digital banking and crypto regulations in Malaysia

By Rodney D'Cruz and Dato' AJ Surin, Adnan Sundra & Low
The growing use of technology has led to a seismic shift in traditional finance, and no country wants to be left behind

Asia renewed

Renewable energy projects have blossomed across Asia. What has led to the recent boom?

Renewable energy regulations in Malaysia

By Khem Thadani and Jasprit Kaur, Adnan Sundra & Low

Renewable energy regulations in the Philippines

By Kristin Charisse Siao, Efren II Resurreccion and Mely Ann Emerie Cristobal,Villaraza & Angangco

Renewable energy regulations in Japan

By Yusuke Sugihara, City-Yuwa Partners

Renewable energy regulations in Indonesia

By Luky Walalangi, Wisnu Renansyah Jenie and Rendi Prahara Septiawedi, Walalangi & Partners

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CORRESPONDENTS

Russian Court Jurisdiction Disputes

Russian courts expand their jurisdiction over international disputes

By Georgy Daneliya, Natalia Kozyrenko and Igor Sokolov, SL Legal

Changing interpretation of cross-border service tax in Philippines

By Euney Marie Mata Perez, Mata-Perez, Tamayo & Francisco (MTF Counsel)

Don’t judge land by its title: Lessons from spouses Manalese v Ferreras

By Nilo?T Divina, Ciselie?Marie T Gamo-Sisayan?and Angel Isah M Romero, DivinaLaw

FEATURES

Foreign Shipping In Korea

Staying afloat: Foreign shipping in Korea

By Choon Won Lee and Dahee Kim, Jipyong

South Korea’s maritime hub status grows with advanced ports, shipbuilding strength, trade volumes and dispute resolution.

South Korea Global Standards Local Execution

Q&A: Korea’s global standards align with local execution

IHCF vice president SongYi Son discusses the merits and possible obstacles for doing business in South Korea

Trade secrecy laws in Taiwan

By Tsung-Yuan Shen and Connie Guo, Lee and Li Taipei

Trade secret protection under TSA and IPCAA: Secrecy, value, confidentiality measures and Supreme Court guidance

PRACTICE GUIDES

Japan Taiwan Green Transition Strategies

Chasing zero

A closer look at how Japan and Taiwan are charting paths toward a low-carbon future

Taking TM’s measure

Trademark disputes, regulatory reforms and expansion pressures are forcing businesses to rethink brand protection

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