November 10, 2023
Located on the landmark skyscraper in Qianhai, the SCIA Tower, the new headquarters of the Shenzhen Court of International Arbitration (SCIA) provides an impressive sea view, overlooking the 5.5-kilometer-long highway bridge linking the booming city in South China with Hong Kong. As China’s first arbitration institution established in South China, including Hong Kong and Macao, in 1983, the SCIA now possesses influence that extends far beyond the region. According to the SCIA, the total amount in dispute of arbitration cases it accepted in 2022 hit RMB 127.2 billion ($17.47 billion)— compared with RMB 16.5 billion in 2017 and RMB 3.9 billion in 2012 — the highest in Asia and top three in the world among its peers. Roughly one-third of the total amount, or RMB 42 billion, belonged to international arbitration cases. So far, the arbitration and mediation services of SCIA have been extended to 140 countries and regions. Describing it as a “pleasantly surprising ‘report card’”, An Xin, vice president of SCIA, told reporters in Shenzhen recently that the SCIA is gaining more trust from the market as an increasing number of Chinese and foreign companies have chosen the SCIA for arbitration over the years, and amounts involved were markedly augmented as well. In one of the cases several years ago, an investment dispute arose between Chinese and US companies, involving an amount of over RMB 13 billion, An recalled. The case, which was later famed for being the largest dispute amount in the history of Chinese arbitration, impressed the vice president a great deal. Due to the absence of an arbitration clause in the initial contract, the...
November 10, 2023
On the changing role of a General Counsel Your Career Journey Has Traversed Multiple Countries With Roles In-house As Well As Private Practice. Can You Tell Us About Your Journey So Far? I am currently the General Counsel & Chief Compliance Officer of TLC Industries and was hired as part of Goldman Sachs Asset Management’s investment in TLC in March 2022. My expertise is in construction projects, governance controls and turnaround management. TLC is a property developer with a specialised expertise in sustainable modular construction, operating across the Asia-Pacific. I am also responsible for delivering the group’s compliance program, the core focus of which is on corporate governance, anti-bribery/anti-corruption controls, data protection, diversity/inclusion, and supply chain controls. GCs are no longer limited to a reactive role and often find themselves in the centre of disruption management Prior to joining TLC, I worked at Norton Rose LLP in London and Abu Dhabi. I then moved in-house and was Corporate Counsel at Jacobs Engineering Group in Singapore, Mumbai, and Hong Kong. Most recently, I served as the General Counsel, Head of Compliance and Director of Standard Chartered PE’s portfolio company Maxpower Group (as well as the Maxpower-Mitsui & Co., Ltd. Joint Venture) in Singapore, Jakarta and Rangoon. I am a former Visiting Scholar at Duke Law School in North Carolina and engaged, at both Duke and the University of Fribourg Law School in Switzerland, in advanced research on why compliance programs fail. Being In The Industry As Long Have You Have, What Has Been Your Experience Of The Evolving Nature Of The General Counsel Role Over The Last Decade? GCs play...
August 7, 2023
Introduction On 28th of July 2023, the UAE Ministry of Finance published three new Cabinet Decisions pertaining to corporate tax and tax procedural law: Cabinet Decision No. 74 of 2023 On the Executive Regulation of Federal Decree-Law No. 28 of 2022 on Tax Procedures (further also as the “CD No. 74 of 2023”). Cabinet Decision No. 75 of 2023 On the Administrative Penalties for Violations Related to the Application of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses (further also as the “CD No. 75 of 2023”). Cabinet Decision No. 81 of 2023 On Conditions for Qualifying Investment Funds for the Purposes of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses (further also as the “CD No. 81 of 2023”). The first two legal acts came into force on 1st August 2023, whereas CD No. 81 of 2023 should come into effect the day following the date of its publication. At the time of writing this alert, CD No. 81 of 2023 is not yet officially published in the official UAE Gazette. 1. Tax Procedural Changes – CD No. 74 of 2023 On 30th September 2022, a new tax procedural law has been published under the Federal Decree-Law No. 28 of 2022, with 1st March 2023 marked as the date of entering into force, replacing Federal Decree-Law No. 7 of 2017.   However, the executive regulations that were issued under the Federal Decree-Law No. 7 of 2017 (Cabinet Decision No. 36 of 2017) remained in force, creating interpretational problems, especially around the Voluntary Disclosure obligation. The discussed CD No. 74...
July 26, 2023
The State Bank of Vietnam further tightens the rules but provides some favorable clarifications. Towards the end of June 2023, the State Bank of Vietnam (“SBV”) issued two important circulars governing the credit market in Vietnam: Circular 08/2023/TT-NHNN (“Circular 08”) on offshore borrowing conditions to replace Circular 12/2014/TT-NHNN on the same subject matter; and Circular 06/2023/TT-NHNN (“Circular 06”) amending and supplementing certain articles of Circular 39/2016/TT-NHNN on lending activities of credit institutions and foreign bank branches in Vietnam (“credit institutions”). Circular 08 will take effect on 15 August 2023 while Circular 06 will take effect on 1 September 2023. This article provides an overview of the major changes introduced by Circular 06 and Circular 08 and their implications. I. HIGHLIGHTS OF IMPORTANT CHANGES Onshore Loans It is no longer permissible to provide onshore loans to fund the deposit of monies or to fund equity investments other than listed stock investments. Financing capital contributions under capital contribution contracts, investment cooperation contracts, or business cooperation contracts for an investment project that does not meet the eligibility criteria for “being put into business” under relevant laws is prohibited but it is unclear how to determine if a project is eligible “for putting into business.” A legal regime for digital lending is introduced. Each individual may not maintain a total outstanding digital borrowing balance of more than VND100,000,000 with a credit institution. More stringent and detailed requirements on internal lending regulations are imposed on credit institutions. Costs which are funded by reimbursement loans must have incurred within 12 months prior to the credit institution’s decision to lend. Offshore Loans All categories of borrowers...
July 26, 2023
Q&A with Peter Connor, founder of AlternativelyLegal, and author of the book ‘A New Vision of Corporate Lawyers’. Can you give us an overview of your book and explain how it addresses the concept of human transformation in the field of corporate law? The book makes the case for why corporate lawyers, legal departments and firms should head in a different direction and adopt a new paradigm. It outlines the changing landscape for lawyers, then defines the change imperative, before painting a very clear picture of what the future could look like. That new vision is for lawyers to become businesspeople, not just lawyers; to regularly provide business input and advice, not just legal advice; and to regularly do business work, not just legal work. I refer to such a lawyer as a T-Shaped Lawyer, a form of legal expert business generalist as shown below. That is what I mean by human transformation – fundamentally changing the work that lawyers do and their capabilities to do that new work. Re-imagining your work and reinventing yourself. Why adopt this new vision? The book outlines various reasons but the primary reason is because it turns out that working in the business, not on the business, is the best way to add more value for, and as a result be more valued by, clients. How do I know that? Through my own personal experience working as a lawyer for about 30 years around the world and from the feedback from thousands of lawyers in my workshops who are attracted to this vision but are still in the process of adopting it. The...
July 26, 2023
FRENY PATEL The proliferation of the Internet and the critical role of technology players in our daily lives have regulators grappling with how best the digital economy should be regulated against the anti-competitive behaviour of large online platforms. Europe has taken the lead towards ex-ante regulations with the Digital Markets Act (“DMA”), which came into effect a little over a month ago on 2 May 2023. The DMA sets the ground rules on what is acceptable behaviour. The DMA is aimed at reining in ‘Big Tech’ and their alleged abuse of power, but is still a work in progress. Digital platforms, often identified as gatekeepers, have the tendency to adopt a winnertakes-all approach and monetize market data. The idea behind ex-ante regulations is to truncate the time period and intervene before the market is entrenched with one or two players. However, a Singapore-based policy director with a leading multinational digital platform recently voiced concerns and cautioned enforcers in the Asia Pacific region to tailor digital regulations according to local economies, given the far-reaching implementation costs of ex-ante rules and the overarching implications. Unlike the European Commission, most Asian enforcers are still sitting on the fence, deliberating on how digital economies should be regulated and whether ex-ante rules are the solution or even warranted. There is clearly a Europe-Asia great divide on how the digital economy should be regulated. Each inquiry requires more time and by the time authorities complete the investigations, reach a finding, and issue directives, the markets may irreversibly tip in favour of the leaders The debate on the need to relook at antitrust enforcement tools has...