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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

liquidityvideo

Restructuring strategies

By Mark Fairbairn and Carolyn Dong, DLA Piper

Insolvency tourism and ways to avoid liquidation

IP

IP challenges and opportunities in a new era

medical

Navigating compliance risks in sourcing PPEs from China

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

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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

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

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

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.

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.

FEATURES

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?

New challenges of medical sourcing in China

What are the risks for global buyers sourcing medical equipment in China?

The point of return

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

Firm response

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

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

CORRESPONDENTS

Registration of ODI assets and equity

By Selena She and Kenneth Kong, Llinks Law Offices

Probe in debt for equity swaps during reorganizations

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

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

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

    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

    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.

    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

    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

    AROUND THE REGION

    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

    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

    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

    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

    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

    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

    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