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CHINA LEXICON

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Culture in the courtroom

The process of assessing demeanour can be difficult for a judge when the witness is from a different culture

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DISPUTE DIGEST

COVID-19’s impact on international trade contracts

Under PRC law, the impact of the COVID-19 pandemic on contract performance involves two regimes: force majeure and rebus sic stantibus (change of circumstances).

Can video links in arbitration hearings help in a pandemic?

Many arbitration cases have been paused due to social distancing measures, which are widely regarded as the key to fighting the ongoing COVID-19 pandemic.

‘Transplant’ of the arbitration agreement

Is the arbitration agreement entitled to be “transplanted”? And would the transplanted one still be recognized as an effective arbitration agreement?

Fiduciary duty in asset management transactions

The legal relationship between a client and a manager in asset management transactions should be dealt with under the analytical framework of the fiduciary duty.

Managing multijurisdictional investigations involving China

As business operations are increasingly cross-border, compliance and investigation functions have to evolve for multijurisdictional challenges.

Shifting landscape of international arbitration in China

This article tries to debrief the developments of its international cases in the past five years and to demonstrate the landscape changes of international arbitration practice in China

FEATURES

Interview with Jiang Ying, legal director of the LEGO Group China

Jiang Ying, legal director of the LEGO Group, China shared her insight with us on team management

Interview with Feng Xiaoju, APAC general counsel of Saint-Gobain (China)

Feng Xiaoju, Asia-Pacific general counsel of Saint-Gobain (China) Investment shared his insight with us on team management

Remote controls

With the deadly COVID-19 virus forcing businesses into shutdown mode, PRC labour laws are scrambling to regulate a new norm for work conditions and payment standards.

Three big views

ere we glean the opinions of three elite GCs from different industries, who share their observations and strategies on team management and communication

China Business Law Awards 2020

We launched the “Golden League” award this year to reflect the market situation, and to encourage the firms on the list, and their peers, to improve their overall quality and level of service

Flight of the black swan

We ask senior in-house counsel and lawyers about the dangers, and the silver linings, that lie ahead in 2020

CORRESPONDENTS

bonds abroad

Issuing bonds abroad during the pandemic

By Jason Cheng and Mao Shengdi, Dentons

Data-related behaviours from a competition law perspective

By Michael Gu, Charles Xiang, AnJie Law Firm
overseas

Overseas project applications by Chinese enterprises (Part 2)

By Selena She and Kenneth Kong, Llinks Law Offices

Addressing deadlocks with intersecting criminal and civil cases

By Henry Xiao and Jerry Zhang, Dentons

Jurisdiction comparisons for foreign infringers under US, China patent laws

By Jiang Xianqi, Beijing Wanrui Law firm
investment

Investment, M&A boost tipped for healthcare

By Cindy Hu and Guo Da, East & Concord Partners

Can goodwill be used for capital contributions to a company?

By Wang Kun and Yan Lantao, Tiantai Law Firm
Securities Law

Impact of revised Securities Law on compliance and insider trading

By Du Lianjun and Chu Zhilin, East & Concord Partners
trade

IPR and the China-US phase one economic and trade agreement

By Hellen Zhang, AnJie Law Firm

Promoter shareholder liabilities for capital adequacy

By Wu Jiejiang, Jingtian & Gongcheng

TM infringement risks associated with ‘cross-border wave’

By Wang Yaxi and Xing Keke, Yuanhe Partners

The authorised resolution mechanism for share buybacks

By Chen Yu, Grandway Law Offices
finance

Legal risks associated with finance project lending

By Lin Xianhai, AllBright Law Offices

Remedies for claims on investment

By Shi Guanghu, DOCVIT Law Firm

INDIA-CHINA COMMERCE

Risk management in Indian infrastructure projects

By Santosh Pai and Ravi Varma Link Legal India Law Services
Chinese contractors involved in construction should pay close attention to contract and claim management to avoid falling into traps 

Online lending: Chinese investors get second chance

By Santosh Pai and Vinu Peter Immanuel, Link Legal India Law Services
India has growing internet penetration and a large unbanked population, but Chinese investors need to be wary of much tighter regulations when entering this market

India’s data protection regime: Are you ready for the change?

By Santosh Pai and Yosham Vardhan, Link Legal India Law Services
What are the opportunities and risks for Chinese investors once the personal Data Protection Bill 2019 is approved?

PRACTITIONERS' PERSPECTIVES

Liquidity, restructuring options during COVID-19

By Mark Fairbairn and Carolyn Dong, DLA Piper
This article examines options to improve liquidity and effect restructurings at a time when COVID-19 is causing economic pain on an unprecedented scale.

Trade secrets law in China and Sino-US Phase One agreement

By Hu Ke, Jingtian & Gongcheng
This article will analyze China’s Anti-Unfair Competition Law and other applicable laws, and envision the prospects for the law and the practice of trade secrets protection in China.

Patent applications on inventions for pharmaceutical use

By Wu Xiaoping and Zhang Mengqian, Wanhuida Intellectual Property
If a Chinese medical research institute applies for the patent of a US brand-name drug that might cure COVID-19, as a ‘secondary use’ invention does it constitute squatting?

Planning personal wealth under economic globalization

By Fu Zhongwen and Zhu Changying, Long An Law Firm
In a new era, High net worth individuals and China’s 'mass affluent' can now manage legal risks with once exclusive products and wealth strategies

French and Chinese trademark laws: A comparison

By Huang Hui and Paul Ranjard, Wanhuida Intellectual Property
It is interesting to draw a comparison between the new French law and China’s current Trademark Law in two important aspects: genuine use and tolerance

Advice on tax, insurance and provident funds during COVID-19

By Jeffrey Quan and Wu Zhenyu, ETR Law Firm
This article interprets the latest regulations and puts forward suggestions for implementation by referring to the relevant regulations enacted in the SARS outbreak of 2003

AROUND THE REGION

Privacy, cybersecurity challenges amid COVID-19

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

A contemporary IP regime

A lot of changes are underway to strengthen the intellectual property (IP) system in India. This article captures a snapshot of several initiatives made in this direction.

Asian perspectives on cybersecurity laws

Data protection and cybersecurity are evolving areas of regulation in Asia. Here, experts shed light on emerging jurisprudence in the region’s top jurisdictions

A comparison of developments in cryptocurrency regulation

Governments across the region are being forced to clear the regulatory air on virtual currencies as they can no longer afford to ignore their popularity

Counterpunch!

With COVID-19 raging across the region, governments are trying to avoid knockout blows for their territories as they counter with life or death policy moves and decisions affecting business survival

First in line

A detailed analysis of Taiwan’s intellectual property regime: Trademark protection is obtained through registration and Taiwan follows the first-to-file system

Power & parity

Senior women lawyers across Asia share personal stories of successes and struggles for a more inclusive legal profession

Indonesia’s top 100 lawyers 2020

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

Home & safe?

With COVID-19 forcing companies to implement work-from-home policies, Jim Fitzsimmons helps us understand the cybersecurity risks posed by a remote workforce