Publications for Asia Pacific Regional Forum

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News corner: China’s new Tariff Law and implementing regulation of the Law of the PRC on the Protection of Consumer Rights and Interests

On 26 April 2024, the Chinese State Council passed the Tariff Law of the People’s Republic of China, which came into force on 1 December 2024. The new law consolidates existing rules in different documents and certain practices in one administrative law.

Released on Jan 13, 2025

2023 Anti-Trust Law: new rules in China

After the unveiling of the revised Anti-Monopoly Law, amended on 2022 (the ‘AML Amendments’), 2023 has been a year of progressive antitrust legislation in China. A flurry of updated regulations and mechanism were published to further clarify the AML Amendments, absorbing the past enforcement experience, for the purpose of facilitating the implementation of the AML Amendments

Released on Jan 13, 2025

What you should know before the cross-border transfer of personal information in China

The Chinese data protection regime, along with extensive supplementary implementing regulations, exerts a comprehensive influence on data protection regulations with extraterritorial implications and significant impacts on companies conducting business in China, with a particular emphasis on the supervision of cross-border data transfers. Companies engaged in the processing of personal information of individuals residing within the territory of China during business operations may be subject to regulatory oversight, regardless of whether they are physically established in China.

Released on Jan 13, 2025

The changes in the registered capital system under the new Company Law

The Company Law of the People's Republic of China (the ‘Company Law’) is the fundamental legislation that governs the socialist market economy system. Since its initial publication in 1993, the Company Law has undergone five revisions or amendments. The sixth revision of the Company Law commenced in 2019. Following four discussions by the Standing Committee of the National People's Congress and extensive consultation with various sectors of society, the latest draft was formally reviewed and approved on 29 December 2023. It is scheduled to come into force on 1 July 2024.

Released on Jan 13, 2025

Rules on contract validity under the People’s Republic of China Civil Code

The Civil Code of the People’s Republic of China took effect on 1 January 2021. It consolidates a number of civil laws, including the general principles of civil law, property law, contract law, guarantee law, family law, succession law, tort law and specific clauses in the judicial interpretations of the Supreme Court of the People’s Republic of China.

Released on Jan 13, 2025

Recent developments in the laws relating to online gaming and online betting in India

As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom

Released on Jun 25, 2024

A synopsis of sports law in India

Sports in India is predominantly synonymous with cricket. It is often said that in India, cricket is not a sport, but is a religion; and, since the advent of the Indian Premier League in 2007, besides cricket, other sports in India have also animated all conversations with passion, not simply for the love of sports, but because of the impressive revenue that sports generates.

Released on Jun 25, 2024

OTT, IDC and cloud-computing services under Telecom Law 2023

In Vietnam, over the last decade, new-generation and innovative ‘telecommunication’ services such as over-the-top messaging (OTT) service, internet data centre (IDC) service and cloud-computing service (Cloud) have emerged and developed rapidly as a result of the 4.0 industrial revolution.

Released on Jun 4, 2024

Navigating the complex landscape of interlocking directorates in India

This article explores the complex implications of interlocking directorates and common ownership on competition, particularly in the Indian context. Through a comparative analysis, empirical evidence and case studies from across the globe, the article evaluates whether interlocking directorates has potential for both anti-competitive behaviour and innovation. It also explores whether it is possible that common ownership can enhance, rather than hinder, competitive dynamics.

Released on Jun 4, 2024

The 2024 scheme: the advent of Green Hydrogen Hubs in India

India’s Ministry of New and Renewable Energy has published its ‘New Scheme Guidelines for Setting up Green Hydrogen Hubs under the National Geen Hydrogen Mission’ on 15 March 2024 which aims to encourage the establishment of Green Hydrogen Hubs and usher in their integration into the renewable energy eco-system. These hubs will be funded by the Central government in collaboration with State governments, local authorities and the private sector in order to propel the market for Green Hydrogen in India.

Released on Jun 4, 2024

Sanctions clauses in international contracts with a Russian nexus

Over the past few years, there has been an obvious trend towards strengthening and expanding sanctions restrictions. However, despite the geopolitical environment, Russia remains attractive for foreign businesses. In this regard, properly drafted sanctions clauses may help adapt commercial contracts in the current climate, reduce sanctions risks and associated consequences and ensure that business functions in full compliance with the legislative requirements in practice.

Released on Jun 4, 2024

The changing social tides in Southeast Asia

The recent introduction of a bill advocating the legalisation of same-sex marriage in Thailand is a significant milestone in the country’s ongoing pursuit of LGBTQ+ equality. This progressive proposal underscores Thailand’s dedication to human rights and strengthens its reputation as a beacon of acceptance in Southeast Asia. If passed into law, the bill not only will grant equal rights to LGBTQ+ citizens but also enhance Thailand’s status as an inclusive destination for all global travellers. This legislative initiative reflects a broader societal shift toward tolerance and inclusivity, and paves the way for a future where all individuals are respected and treated equally under the law.

Released on Jun 4, 2024

Indian Supreme Court sets aside half a billion dollar arbitral award to ‘cure’ miscarriage of justice

The Supreme Court of India, in its recent judgment in Delhi Metro Rail Corporation Ltd v Delhi Airport Metro Express Pvt Ltd, set aside an arbitral award on grounds of patent illegality. This judgment was delivered in a curative petition, which is a final remedy, exercised in the rarest of rare cases by the Supreme Court. This article analyses the reasoning of the Supreme Court to set aside the arbitral award, and the pitfalls of such a decision in a curative petition.

Released on Jun 4, 2024

Valuing the ‘new oil’: the intersection of international data valuation practice and regulatory regimes

The financial valuation of data – an intangible asset – is an emerging area of increasing strategic significance. While many factors influence data value, this article explores the lesser known interplay between data regulation and data valuation, while also considering key requirements of the International Valuation Standards (IVS) and key value drivers of data. Such considerations may be pertinent for practitioners in transactional, insolvency, regulatory and disputes contexts.

Released on Jun 4, 2024

2024 elections: will the BJP winning this election achieve unprecedented governance stability in India

There can be no doubt that the Bharatiya Janata Party (BJP) has impacted India in the past decade in multiple ways and has potentially changed the ‘Indian mindset’. This article focuses on the legal reforms and changes brought by the BJP in India and whether BJP winning the 2024 elections is indicative of unprecedented stability in governance.

Released on Jun 3, 2024

Russian customs inspections: recent trends and compliance pitfalls

The-Russian-customs-inspections-recent-trends-and-compliance-pitfalls Abstract: Russia is a Member State of the Eurasian Economic Union (EAEU) which includes the customs union of the Member States. For this reason, many aspects of customs law are delegated by the Member States to the EAEU level, such as the Customs Code of the EAEU, technical and sanitary regulations of the EAEU, etc. The authorities of the Member States are working on harmonisation of customs related matters, at the same time, there are specifics in local customs laws and procedures of the Member States. This is particularly so in respect of customs audits and inspections.

Released on Jan 10, 2024

Australia’s new era of employee ownership

It has been a big year for employee share schemes (ESS) in Australia. While there have been some tax reforms, on 1 October 2022, legislation was passed that brought about a tectonic shift in the regulatory plumbing that underpins the operation of ESS in Australia. Following the passing of these reforms, all companies that operate ESS in Australia – whether listed or unlisted, large or small – need to pause to consider how the new regulatory rules will impact on the operation of their ESS plans.

Released on Jan 10, 2024

Unpacking Vietnamese law on e-transaction 2023: a thorough exploration of key points

The law on e-transactions in Vietnam was recently amended in 2023. In this article we have analysed seven outstanding regulations in the amendment, namely: the scope of applications; data and data message; e-certificates; the use of e-signature and trust services; legal framework for applying e-contracts; synchronising the rights and obligations of the owner of the information system and the use of e-transaction accounts; and regulations on data collection, management and sharing among state agencies.

Released on Dec 12, 2023

Evolution of workplace harassment laws in Pakistan: the Protection Against Harassment of Women at the Workplace Act 2010 and the 2022 Amendment

The Protection Against Harassment of Women at the Workplace Act 2010 is a seminal legislation in Pakistan, providing victims of workplace harassment with an opportunity to pursue legal recourse. However, the law is subject to some limitations: primarily a narrow definition of ‘workplace’ and ‘employee’ with a focus only on sexual harassment of women, limiting the effectiveness of the law in addressing all forms of harassment faced by any employee in different types of workplaces. In 2022, an amendment to the Act was introduced, expanding its scope, addressing the limitations of the initial Act and making justice for victims of workplace harassment more accessible. This article explores the original law’s merits and limitations in addition to the changes brought about by the amendment, thus highlighting the importance of strong legal protections against workplace harassment in Pakistan.

Released on Dec 12, 2023

Enhancing enforcement of international arbitration agreements and foreign arbitral awards in Pakistan: a positive shift

In recent years, the process for the enforcement of international arbitration agreements and foreign arbitral awards in Pakistan has significantly improved, largely due to the influence of the New York Convention. Courts now exhibit a pro-enforcement bias and embrace global jurisprudence, creating a favourable environment for international arbitration. However, the duration of enforcement proceedings remains a concern. Streamlining procedures and expediting recognition are crucial for Pakistan to solidify its reputation as an arbitration-friendly jurisdiction, attracting global businesses and boosting economic growth.

Released on Dec 12, 2023

Ethical implications of artificial intelligence at the Indian workplace

Artificial Intelligence (AI) has rapidly emerged as a pivotal force in the contemporary workplace, redefining the facets of business operations, workforce management and employees’ interaction with technology. The profound impact of AI on the Indian workplace has emphatically transgressed its ethical and legal concerns, underscoring the need for comprehensive legislation or well-defined directives to regulate the use of AI effectively. In this article, we aim to highlight the legal and ethical complexities related to the use of AI at the Indian workplace and the requirement to have robust legislation/directives in place to regulate the use of AI.

Released on Dec 12, 2023

Thailand: recent trends toward more stringent regulation of digital assets in Thailand

The Thai Securities and Exchange Commission (SEC) has taken numerous steps to strengthen and expand the regulatory regime covering digital asset operators in Thailand. This has resulted in several enforcement actions against violators, including issues in connection with fabricated information on the trading volume of digital assets on a digital asset exchange.

Released on Dec 21, 2022

Revolutionising the board governance of environmental, social and corporate governance: voluntary constitution of ESG committees by Indian listed companies

There is a discernible trend of Indian listed companies suo moto constituting ESG committees of its board of directors and/or management to focus on ESG-related aspects and to strengthen their commitment to ESG. This piece discusses this trend in the making.

Released on Dec 21, 2022

Taiwan real estate inheritance case study

There are mainly two ways of distributing real estate inheritance in Taiwan: allocating real estate to certain successors while reimbursing others, or forcibly selling the real estate and equally distributing the proceeds.

Released on Jun 22, 2022

Pakistan tightens restrictions on social media giants

This article considers Pakistan’s crackdown on social media giants such as Facebook, Twitter and TikTok, and the relationship between these restrictions and the right to freedom of expression.

Released on Jun 22, 2022

Sustainability-linked derivatives: will India be a world leader in the next stage of green finance?

This article explores India’s position among the growing movement to align the global financial system with sustainable development.

Released on Jun 22, 2022

An introduction to India’s new privacy regime

This article offers an overview of India’s new draft data privacy law.

Released on Jun 22, 2022

An interpretation of the Special Administrative Measures for Foreign Investment Access (Negative List) (2021)

This article provides an interpretation of China’s Special Administrative Measures for Foreign Investment Access, as introduced in December 2021.

Released on Jun 22, 2022

Asia Pacific Regional Forum Co-Chair's note

Welcome to our final e-Bulletin for 2021. While this year did not allow us the freedom of movement we were perhaps hoping for, it has nonetheless been eventful and productive.

Released on Dec 14, 2021

UK-China investment and trade: what’s next?

This article outlines the surge of trade and investment activities between the UK and China, the need for a UK-China free trade agreement and the possibility of a UK-China comprehensive agreement on investment.

Released on Dec 10, 2021