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5 July 2020
English
bankruptcy
Market watch

The point of return

The latest developments in bankruptcy and restructuring in China

In-house Insights

Wisdom in management

Six GCs share their insights on running teams

In focus

Home and safe?

Cybersecurity risks posed by a remote workforce

stocks
What's the deal?

The homecoming

Businesses make a dash for home bourses

liquidityvideo
Practitioners' perspectives

Restructuring strategies

By Mark Fairbairn and Carolyn Dong, DLA Piper

Insolvency tourism and ways to avoid liquidation

IP
Market watch

Tipping Point

IP challenges and opportunities in a new era

medical
In focus

New challenges of medical sourcing in China

Navigating compliance risks in sourcing PPEs from China

NEWS

LITWTWB
WC

CHINA LEXICON

pandemics

Pandemics

A high-level overview of the contractual impact of pandemics on corporate and financial transactions in three areas: MAC clauses, force majeure clauses and the doctrine of frustration

China-elite-top-lawyers-banner

DISPUTE DIGEST

factual witnesses
Dispute digest

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
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appeal
Dispute digest

Focus on BAC rules appeal mechanism

A highlight of the BAC investment arbitration rules is that they provide an appeal mechanism under article 46 and appendix E, allowing the parties to appeal by consent
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EAP
Dispute digest

EAP proves a handy tool in uncertain times

The emergency arbitrator procedure (EAP) is a mechanism in the field of international commercial arbitration available to parties seeking interim relief
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arbitration
Dispute digest

Adjusting to internet arbitration cases

The oral hearings of arbitration cases in mainland China were cancelled after the spring festival due to social distancing measures to control the COVID-19 pandemic. Since then, arbitration institutions have been seeking an alternative to hear cases while complying with the epidemic prevention policy.
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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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FEATURES

More
    stocks
    What's the deal?

    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
    0
    supply chain
    Features

    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?
    0
    medical
    In focus

    New challenges of medical sourcing in China

    What are the risks for global buyers sourcing medical equipment in China?
    0
    bankruptcy
    Market watch

    The point of return

    If legal tools of bankruptcy are properly applied, there are chances for companies to survive and start again
    0
    law firms
    Trends

    Firm response

    Law firms and companies take the lead in fulfilling social responsibilities during China’s COVID-19 crisis
    0
    Jiang Wenluvideo
    In-house Insights

    Interview with Jiang Wenlu, general manager, legal department of Sinochem International

    Jiang Wenlu, general manager, legal department of Sinochem International shared his insight with us on team management
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    CORRESPONDENTS

    Employee
    Jingtian & Gongcheng

    Employee placement in early dissolution of enterprises

    By Tracy Liu, Jingtian & Gongcheng
    0
    ODI
    Llinks Law Offices

    Registration of ODI assets and equity

    By Selena She and Kenneth Kong, Llinks Law Offices
    0
    debt
    Lantai Partners

    Probe in debt for equity swaps during reorganizations

    By Yang Guang and Wang Yao, Lantai Partners
    0
    R&D

    Innovative drug R&D investment and financing (part 1)

    By Jin Youyuan and Guo Xiaoxing, Merits & Tree Law Offices
    market-oriented

    ‘Market-oriented’ criteria squarely target China

    By Ni Jianlin, Dentons
    financing

    Innovative new debt financing method for UDICs

    By Matthew Ching and Zhang Dong, Jingtian & Gongcheng
    shareholder

    Protecting shareholder priority when transferring state-owned equity

    By Lu Xiang and Ciera Rui, AllBright Law Offices
    trademark

    Trademark Office response measures during the pandemic

    By Claire Zhao, Sanyou Intellectual Property Agency
    judgments

    Recognizing, enforcing HK judgments in mainland China

    By Zhang Guanglei, Chen Cheng, Jingtian & Gongcheng
    probationary period

    When probationary period encounters pandemic

    By Shen Minquan, Jingtian & Gongcheng
    Kazakhstan

    Priority, restricted sectors of foreign investment in Kazakhstan

    By Wang Jihong and Liu Ying, Zhong Lun Law Firm
    trademark

    Gaining the advantage against trademark squatters

    By Frank Liu and Sandy Shan, Tiantai Law Firm
    commercialvideo

    Focus on commercial entities opting to ‘sue the government’

    By Ma Beiyi, Dentons
    Liquidation

    The legal effect of liquidation preferences

    By Li Xianxi and Xiao Zhijun, East & Concord Partners
    legal representative

    Liability risks for legal representatives of enterprises

    By Wei Jie and Zhang Yubo, Tiantai Law Firm
    securities

    Applying Securities Law to interbank bonds

    By Li Jumei, Grandway Law Offices
    punitive damages

    Practical issues regarding punitive damages

    By Chen Zhixing and Lan Manfeng, AnJie Law Firm
    NPLs

    Factors in the acquisition of NPLs in China

    By Xu Bangwei and Bai Lijie, Jingtian & Gongcheng

    New trend in system of ‘dismiss first, sue separately’?

    By Xiang Li and Lian Chenghe, Yuanhe Partners

    EXPERT BRIEFINGS

    More
      german
      Practitioners' perspectives

      Managing a crisis

      By Kai Bandilla, David Loszynski and Gao Sen, Heuking Kühn Lüer Wojtek
      Slowly recovering from lockdown measures, most German companies are more or less affected by the government’s strategy of preventing an uncontrolled spread of the virus, and subsequently an overload of the German health system
      0
      asset
      Practitioners' perspectives

      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
      0
      asset disposal
      Practitioners' perspectives

      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
      0
      bankruptcy
      Practitioners' perspectives

      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.
      0
      bankruptcy
      Practitioners' perspectives

      Zhejiang bankruptcy procedure involving criminal and civil liabilities

      By Nafisa Nihmat and Rita Yan, Zhong Lun Law Firm
      In recent years, the number of bankruptcy cases has increased significantly, and the issue of the cases involving both criminal and civil liabilities has become more prominent
      0
      investments
      India-China Commerce

      Screening Chinese investments: What happens next?

      By Santosh Pai and Anuj Trivedi, Link Legal India Law Services
      Entities affected by India’s new policy may be able to take measures to obtain fast-tracked approvals
      0

      AROUND THE REGION

      women
      Expert briefing

      Empowering women in law

      Law firms should facilitate the growth of women in the legal fraternity, which will result in crafting a more progressive legal infrastructure
      0
      Expert briefing

      Levelling the field

      The career growth of a female lawyer is often challenged by difficult work-life balance choices, leadership bias, a lack of opportunity for dialogue and debate, and stagnant workplace cultures
      0
      privacy
      In focus

      Are you being watched?

      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
      0
      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
      0
      cybersecurity
      Head 2 head

      Cybersecurity

      Data protection and cybersecurity are evolving areas of regulation in Asia. Here, experts shed light on emerging jurisprudence in the region’s top jurisdictions
      0
      cryptocurrency
      Head 2 head

      Cryptocurrencies

      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
      0
      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
      0
      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
      0
      woman lawyers
      Asia-specific

      Power & parity

      Senior women lawyers across Asia share personal stories of successes and struggles for a more inclusive legal profession
      0

      JOBS

      Latest on Vantage Asia

      Nextbillion.ai closes US$7 million series A round

      china

      Adapt and evolve

      pandemics

      Pandemics

      A high-level overview of the contractual impact of pandemics on corporate and financial transactions in three areas: MAC clauses, force majeure clauses and the doctrine of frustration

      confidentiality clubs

      The necessity of India’s confidentiality clubs

      By Vaishali Mittal and Siddhant Chamola, Anand and Anand

      The IP litigation landscape has changed dramatically in the past decade with businesses becoming more technology-driven and technology-dependent than ever before.

      Editor’s Picks

      top 100 lawyers

      The A-List 2020: Indonesia

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

      home

      Home and 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

      law firms

      Firm response

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

      financial

      A tool for financial trouble

      Widely reported troubles at Yes Bank, IL&FS, DHFL and others have exposed inadequacies in the insolvency resolution regime for distressed banking and finance companies. Mohit Shukla, the legal head of Barclays India, argues that now is a perfect time to introduce a new composite code to address these shortcomings and rebuild public trust

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