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2 June 2020
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NEWS

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CHINA LEXICON

courtroom

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

contracts
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).
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online hearings
Dispute digest

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.
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arbitration
Dispute digest

‘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?
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duty
Dispute digest

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.
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multijurisdictional
Dispute digest

Managing multijurisdictional investigations involving China

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

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
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FEATURES

More
    Jiang Yingvideo
    In-house Insights

    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
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    Feng Xiaojuvideo
    In-house Insights

    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
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    labour
    Features

    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.
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    general counsel
    In-house Insights

    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
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    law firms
    Market watch

    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
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    pandemic
    Features

    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
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    CORRESPONDENTS

    CBLJ April 2020

    International trade and the tale of an American factory

    By Willow Wei, Dentons
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    CBLJ April 2020

    Online healthcare services through pandemic and beyond

    By Jiang Tao, Merits & Tree Law Offices
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    listed companies
    CBLJ April 2020

    CSR obligations of listed companies during COVID-19

    By Willow Wei, Dentons
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    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

    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 
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    Chinese investors
    India-China Commerce

    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
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    India-China Commerce

    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?
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    PRACTITIONERS' PERSPECTIVES

    More
      Liquidity
      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.
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      CBLJ April 2020

      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.
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      pharmaceutical
      Practitioners' perspectives

      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?
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      wealth
      Practitioners' perspectives

      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
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      Practitioners' perspectives

      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
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      provident funds
      Practitioners' perspectives

      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
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      AROUND THE REGION

      privacy
      In focus

      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
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      IP
      Expert briefing

      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.
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      cybersecurity
      Head 2 head

      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
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      cryptocurrency
      Head 2 head

      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
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      covid
      Features

      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
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      Expert briefing

      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
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      woman lawyers
      Asia-specific

      Power & parity

      Senior women lawyers across Asia share personal stories of successes and struggles for a more inclusive legal profession
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      top 100 lawyers
      The A-List

      Indonesia’s top 100 lawyers 2020

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

      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
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      JOBS

      Latest on Vantage Asia

      Liquidity

      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.

      Limitation

      Limitation period for execution of foreign decrees settled

      Architects

      Unregistered architects cannot build a name for themselves

      law firms

      Firm response

      Law firms and companies take the lead in fulfilling social responsibilities during China’s COVID-19 crisis

      Editor’s Picks

      IP

      TIPping Point

      Intellectual property protection faces new challenges as the world readjusts to a post-pandemic reality and its associated trade tensions

      Shining a light on unsafe practices

      Inadequate enforcement of Indian standards has encouraged spurious manufacturers to put unsafe products on the market

      RERA

      At a crossroads

      Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds

      Home and safe?

      Are companies facing higher cybersecurity risks with most employees working from home?

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