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bankruptcy

The latest developments in bankruptcy and restructuring in China

Six GCs share their insights on running teams

Cybersecurity risks posed by a remote workforce

stocks

Businesses make a dash for home bourses

investments

Screening Chinese investments: What happens next?

By Santosh Pai and Anuj Trivedi, Link Legal India Law Services
IP

IP challenges and opportunities in a new era

medical

Navigating compliance risks in sourcing PPEs from China

NEWS

Cyber fraud risk and recovery during covid-19 | China Business Law Journal

Cyber fraud risk and recovery during covid-19

This article focuses on the latest risks arising from the current situation, and how you can recover your money and manage the impact of cyber fraud

CHINA LEXICON

video

Video evidence

What are the rules governing the giving of evidence by video link in civil proceedings

CORRESPONDENTS

Mediation for cross-border investment disputes in covid-19

By Jefferey Quan and Chen Congfa, ETR Law Firm

Application of ‘execution to bankruptcy’ rule

By Xia Yibin and Cai Jingjing, AnJie Law Firm
foreign law

Ascertainment of foreign law in Chinese judicial practice

By Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng
stock appreciation rights

The stock appreciation rights incentive for listed national companies

By Wang Feng and Ying Zhi, Grandway Law Offices
green bonds

Legal risk management of green bonds

By Yin Yanhong, DOCVIT Law Firm
Smuggling

Allocation of owner liability in smuggling cases

By Jenny Zhan, Dentons
capital trust

Standardized development trends of capital trust business

By Ren Guobing and Lin Shulan, Jingtian Gongcheng

CHINA INSIGHTS

More

    Adopting cloud, big data and AI in supply chain-based ABS

    By Liang Hua and Chen Xiuli, V&T Law Firm
    Supply chain-based asset-backed securities (ABS), which the upstream and downstream transactions of the core companies underlie, and which takes the creditworthiness of the core companies as guarantee, are created to secure financing by selling future cash inflows

    Complex asset disposal in mass economic crime cases

    By Wang Dan, Long An Law Firm
    Mass economic crime, with illegal fundraising as a typical form, affects a large group of non-specific victims and features broad involvement, substantial destruction and difficult disposal of assets

    Practical issues of lawsuits confirming bankruptcy claims

    By Xu Yu and Sun Hao, Hylands Law Firm
    The lawsuit confirming bankruptcy claims is the final procedure in which the debtor and creditor raise objections to the determination of claims by the administrator in bankruptcy proceedings.

    GLOBAL OUTLOOK

    More

      What makes an accretive taking-private deal?

      By Virginia Tam, K&L Gates
      While going public could be the top priority for many private companies, going private, at the right time and sponsored by the right consortium, could be the preferred approach for some listed companies

      Cayman privatizations back in vogue

      By David Lamb, Conyers Dill & Pearman
      Privatizations of public companies incorporated in the Cayman Islands and listed on a major stock exchange are in vogue again for a variety of reasons, financial and regulatory

      Chinese take-privates: End of a US affair?

      By Matt Roberts, Maples Group
      In certain instances, the founders and management of public companies may consider a privatization or “take-private” deal, whereby the company is taken private by becoming a private Cayman Islands company and, as a result, delists from these US securities exchanges.

      DISPUTE DIGEST

      Ensuring arbitration clause validity in signed company contracts

      The following arbitration case illustrates this problem, and this article aims to provide its solution

      Impact of securities law revisions on China arbitration

      The first Securities Law of the PRC come into effect on 1 July 1999, and has since undergone five amendments. The latest revision came into effect on 1 March 2020. It is more striking than all previous revisions, with many highlights.

      Factual witnesses in commercial arbitration

      In commercial arbitration, the claimant and the respondent shall each provide evidence for the facts on which they apply, reply or counterclaim. Witness testimony often plays an indispensable role in providing facts and restoring the truth of a case

      FEATURES

      Are you being watched?

      Governments adopting trace-and-track apps to prevent the spread of this coronavirus have raised questions about the ‘right balance’ between crisis response and privacy considerations

      Beyond the ‘mega’ era

      Key compliance issues for the asset management industry

      A wealth of advice

      David Liu, one of the most acclaimed financial lawyers in China, is a passionate advocate of the country’s opening-up and a rare optimist in these trying times. He has played a key role in many important transactions that helped shape China’s legal market and its banking and finance industry

      Surfing boards

      Reformations within China have amped up its capital market offerings, not to mention the Star Market’s stellar introduction. With US-based mainland companies looking homeward, is Hong Kong still the pearl of the oriental bourses?

      The homecoming

      A wave of Chinese stocks is poised to exit the US and seek capital back in Shanghai or Hong Kong, following recent fraud allegations of Nasdaq-listed Luckin Coffee and intensifying political tensions

      Over the peak?

      Businesses restarting after the worst of the pandemic face supply-related legal headaches. How should in-house counsel manage these and other risks?

      AROUND THE REGION

      A comparison of developments in dispute resolution

      A close look at the emerging trends in litigation and alternative dispute resolution around Asia

      Bermuda leads with ‘soft touch’

      By Henry Tucker, Carey Olsen
      Earlier regarded as a last resort, soft touch provisional liquidation is today a commonly deployed tool for restructuring offshore companies listed in Hong Kong and Singapore

      Rising Stars: Thailand law firms

      In the first of our new series that identifies movers and shakers making waves in regional legal markets, we showcase Thai law firms on the rise

      The Cook Islands solution

      This South pacific island country offers convenient, flexible and easy-to-administer options for setting up private trust companies

      Japan’s top 100 lawyers

      Asia Business Law Journal reveals the top 100 lawyers practising in Japan

      Charting a new course

      As the region feels its way through the fog of the global pandemic, we enlisted some of Asia’s top general counsel for a virtual roundtable to plot a roadmap for recovery

      Structuring and financing Foreign Direct Investment (FDI) in Bangladesh

      The Bangladesh economy continues to grow at an impressive scale, with a GDP growth rate of 8.1%, surpassing that of its neighbouring countries and making it one of Asia’s most remarkable success stories

      Bangladesh: Ready for business

      Often overshadowed in such a powerhouse neighbourhood, this populous nation has scripted an unlikely economic success story, creating lucrative opportunities for pioneering foreign investors

      High stakes

      The months leading up to the US presidential election in November will be crucial for the world, and especially for Asia. Dennis Unkovic explores the cards being dealt in political and legal terms, and warns the stakes could not be higher