Our latest Disputes Special Report features contributions from K&L Gates, King & Wood Mallesons, the Hong Kong Arbitration Centre, Lee International and the Singapore International Arbitration Centre, – from funding to resolution, bringing the pieces together.

“What is the price of experience?”: or, Think, don’t Blink!

Slated to take effect in October of this year, the new Personal Data (Privacy) (Amendment) Ordinance has been introduced with a view to invigorating and reinforcing the data privacy landscape in Hong Kong. The new amendments will home in on the use and transfer of personal data for direct marketing purposes. Anna Gamvros and Aaron Bleasdale of Baker & McKenzie examine the importance of these changes and the penalties for non-compliance.

David Smyth and David Luk of Smyth & Co (in association with Reynolds Porter Chamberlain LLP), review Hong Kong’s new Financial Dispute Resolution Scheme and highlight some pertinent issues that may arise for prospective claimants, financial institutions and their in-house lawyers.

In this issue, we bring you a comprehensive overview on anti-trust and competition law authored by Ian Forrester QC, whilst Perdana Saputro of Melli Darsa highlights the strengths and weaknesses of Indonesia's competition regime. Chew Phye Keat of Raja Darryl & Loh contemplates the effectiveness of the Malaysian Competition Act 2012 and Dr. Tuan of LCT Lawyers gives us a fascinating look through the key-hole into the regulatory world of Vietnam's anti-trust framework. ASIAN-MENA COUNSEL also speaks to Vivian Mak, Director and Head of Litigation, APAC, The Royal Bank of Scotland and through her eyes we see the changing tapestry of a litigator's role at the Bank, in our In-House Insight feature.

Anthony Woo and Jenny Zhuang of Kennedys share with us their insights following a momentous judgment in the shipping arena in Hong Kong. For the first time, the meaning of ’control’ in the context of a ship arrest was contemplated by the Hong Kong Courts – paving the way for some much needed clarity for ship owners.

Our cover story takes you through the merits and loopholes of employment legislation in various jurisdictions across the Asia and MENA regions. In addition, Bae Kim & Lee navigate the Korean employment maze and home in on dismissal issues whilst Al Tamimi provide us with an absorbing update on the state of play of employment in the UAE. We are also excited to showcase the results from our External Counsel of the Year survey - where in-house counsel were asked to weigh in on who they believed to be exceptional external counsel in their own jurisdictions. We bring you the results and more here.

China is encouraging foreign investment into the pharmaceutical distribution industry by lifting previously entrenched barriers in ‘restricted’ categories in the field. Given that the government is additionally taking steps to reduce drug prices down the distribution chain, foreign manufacturers are electing to cut out the middleman and establish their own distribution business with a view to maxing out on profits. Jack Wang and Ma Ya of Freshfields Bruckhaus Deringer take us through the government’s efforts to boost foreign investment and consolidate the drug distribution industry in the PRC.

The value of ‘intelligence’ when investigating corruption & bribery in India

Pitted against a backdrop of financial as well as natural disasters in 2011, in-house and external counsel had to fight clock, calendar and boundary to get their clients’ deals across the finish line. Notably, countries in the Asian and MENA regions, drivers of the engines of growth since the GFC and the Euro-crisis, have delivered a high level of torque. ASIAN-MENA COUNSEL celebrates an array of stellar deals in this issue that made the short-list for their size, innovation, complexity and uniqueness. From towering IPO’s to huge eco-friendly structures, our winning deals as well as our honourable mentions, span an impressive gamut.

Pàdraig Walsh of Clyde & Co examines the developing law in relation to shareholder access to company records and sets out some pitfalls that in-house counsel should be cognizant of.

Dr George Woodman, director of Teng Hoi Conservation Organization, presents the case for carbon trading as a way of cutting greenhouse gas emissions and explains how a simple game is helping spread the word.

In this month’s Special Report on dispute resolution, we take a look at how Asia Pacific’s role as an international centre for dispute resolution, particularly arbitration, has grown against a backdrop of increasing cross-border transactions. As demand has grown exponentially, so Asia’s leading arbitration centres – including HKIAC, KCAB and SIAC – have moved with the times to maximise the services they provide in a constantly evolving legal framework. We examine some of the key new laws which have shaped dispute resolution in 2010 and outline some of the challenges in pursuing justice through both litigation and arbitration.

Organisations in Asia, as with elsewhere in the world, cannot function effectively without a well-organised and responsive workforce. Labour disturbances can, therefore, quickly throw a company’s operations into turmoil. In our Special Report on Employment this month, we hear why it is imperative for organisations to prepare for potential employment disputes at the earliest possible moment, and how companies in China, Hong Kong, Indonesia, Japan and Thailand can keep their internal engines running smoothly.

Our latest edition of Asian-Counsel takes a look at the various happenings in the region’s capital markets sector. Whilst change is abreast with money flows shifting directions and new industries gaining momentum, we uncover why Hong Kong and Singapore regulators are still setting the pace. Leading law firms also reveal the latest capital markets trends in Malaysia, India, Japan, Thailand and South Korea.