Committee publications

Romania’s foreign direct investment (FDI) screening regime has been further refined through Emergency Government Ordinance No 17/2026, introducing measures aimed at enhancing legal clarity, strengthening national security safeguards and aligning the national framework with the EU cooperation mechanism established under Regulation (EU) 2019/452. The amendments expand the scope of review to include asset acquisitions in sensitive sectors, increase the notification threshold and introduce procedural simplifications such as shorter review timelines and full digitalisation of the filing process. By clarifying the interaction between FDI screening and merger control, and introducing targeted exemptions for certain intra-group restructurings, the revised framework seeks to reduce administrative burden while improving predictability for investors and authorities alike.

Released on Mar 20, 2026

Beyond bands and tiers: turning directory submissions into strategic return on investment

For many firms, directories remain one of the most resource-intensive marketing exercises they undertake, yet also one of the least strategically considered. When approached differently, the process can generate significant return on investment across business development, client relationships, competitive intelligence and talent strategy. The key is to start viewing directories as a year-round strategic process.

Released on Mar 19, 2026

Soft law, soft behaviour and hard truths – speech at IBA Arb40 Symposium 2026

VK Rajah SC gave a thought-provoking speech advocating for accountability in arbitration at the IBA Arb40 Symposium 2026 in Abu Dhabi.

Released on Mar 19, 2026

Member spotlight: Q&A between the European Regional Forum and Angel A Ganev

Arbitration Committee member Angel Ganev discusses his professional background, trends in arbitration including Bulgaria’s Arbitration Act, and the benefits of Arbitration Committee membership

Released on Mar 19, 2026

Bulgaria passes substantial amendments to the International Commercial Arbitration Act (2025)

On 1 August 2025 the Law on Amendments and Supplements to the International Commercial Arbitration Act (LASICAA) was published in the State Gazette, No 63. This legislation rebranded the previously existing International Commercial Arbitration Act to the more comprehensive Arbitration Act (AA) and introduced number of substantial changes.

Released on Mar 19, 2026

The M&A technology landscape in Turkey

This article examines the M&A technology landscape in Turkey, analysing record transaction volumes in 2025, the regulatory framework governing merger control and sector-specific approvals, and critical due diligence considerations. It provides a practical guide for domestic and cross-border transactions in the Turkish technology, media and telecommunication sector.

Released on Mar 13, 2026

Venezuela’s new opening: buying low in a supervised transition

Venezuela is entering an extraordinary, tightly managed second opening. President Nicolás Maduro’s capture and imprisonment in the United States on 3 January 2026, and the swift transfer of power to interim president Delcy Rodríguez, have created a transition in which politics, law and investment are all being reshaped under explicit US supervision.

Released on Mar 13, 2026

Understanding purchase price mechanisms: earn-outs and deferred consideration

Earn-outs and deferred consideration are widely used mechanisms to bridge valuation gaps in M&A transactions, but they often give rise to disputes if not carefully structured. This article examines the practical, legal and behavioural risks associated with earn-outs; it also explains how precise drafting and balanced incentives can help align buyer and seller expectations post-closing.

Released on Mar 13, 2026

The impact of AI on M&A transactions: opportunities, risks and emerging market practices

This article examines the impact of artificial intelligence on M&A transactions across the full deal cycle, identifying the principal opportunities – including enhanced due diligence, accelerated document drafting and improved deal analytics – alongside the material risks arising from its adoption, notably accuracy concerns, professional de-skilling and the homogenisation of market behaviour. It further considers emerging market practices and governance frameworks being developed to ensure the responsible integration of AI into legal practice.

Released on Mar 13, 2026

Switzerland’s first FDI screening framework: what M&A practitioners need to know

In December 2025, the Swiss Parliament adopted the Federal Act on the Screening of Foreign Investments (ISA), introducing a targeted approval requirement for certain acquisitions by foreign state-controlled investors in sensitive sectors. While deliberately narrow in scope, the ISA adds a distinct regulatory consideration for cross-border M&A transactions involving Swiss targets.

Released on Mar 13, 2026

The end of treaty shopping? How India’s Tiger Global judgment is reshaping PE and VC exit structures

The Supreme Court of India’s (Supreme Court) judgment in Tiger Global marks a significant development in the taxation of cross-border private equity (PE) and venture capital (VC) exits. Traditionally, PE and VC investors structured India-bound investments through intermediary holding companies set up in tax-friendly jurisdictions. These structures were widely accepted under earlier jurisprudence and provided meaningful certainty for international tax planning. Tiger Global departs from this tradition in important respects.

Released on Mar 13, 2026

Romania’s FDI screening regime - from security filter to strategic deal consideration

Romania’s FDI screening regime has evolved from a narrow national security safeguard into a central strategic consideration in transaction planning, due to its broad scope, low thresholds and assertive enforcement. With applicability extending to EU and domestic investors, and significant sanctions for non-compliance, FDI analysis has become a critical component of deal structuring and risk management.

Released on Mar 12, 2026

Navigating LLC exits in Ukraine - the right of withdrawal and its practical implications

The right to withdraw (exit) from a Ukrainian LLC is a nuanced legal instrument that simultaneously safeguards minority participants (shareholders) and preserves business continuity. This article offers a practical overview of the statutory thresholds governing withdrawal from an LLC, the procedural mechanics of an exit, available solutions for resolving 50:50 deadlocks, and the principles applicable to determining the fair market value of a participant’s share.

Released on Mar 12, 2026

Key risks and considerations in M&A transactions in Indonesia

Investors in M&A transactions in Indonesia should be mindful of key considerations that require close monitoring. In practice, M&A deals are risky due to regulatory and compliance requirements, particularly when they affect the licensing, reporting, corporate governance and control structure of target companies. This article aims to assist business actors in identifying the key risks in M&A transactions and understanding the practical implications across the transaction lifecycle.

Released on Mar 12, 2026

Beyond limited liability - the corporate veil in Mexican law and its challenges

This article examines the evolving role of the corporate veil in Mexican law, arguing that while limited liability remains the rule, its protection increasingly depends on sustained operational coherence rather than formal compliance alone. It contends that effective corporate shielding is built through institutional discipline and genuine business practices over time.

Released on Mar 12, 2026

Cross-border joint ventures in a multipolar world: recalibrating globalisation through partnership

In an increasingly multipolar and strategically fragmented global economy, cross-border joint ventures have reemerged as a primary vehicle for international expansion. Far from being second-best alternatives to acquisitions, they operate as deliberate structures for managing geopolitical risk, regulatory divergence and regional economic realignment.

Released on Mar 12, 2026

Five critical remarks about Hungary’s FDI screening regime

This article outlines five peculiarities of Hungary’s widely discussed FDI screening regimes as experienced in Hungarian M&A practice.

Released on Mar 12, 2026

Double exposure: navigating CFIUS and HIPAA compliance in an era of foreign investment in health data

Tension between CFIUS and HIPAA compliance requirements may present an obstacle for healthcare M&A. Specifically, requirements concerning sensitive health data under each regulatory framework are incompatible in practice, thereby heightening compliance risks for private equity-backed healthcare deals.

Released on Mar 12, 2026

Enhanced enforcement against bid rigging in China: implications for the Belt and Road Initative

In recent years, multiple provinces in China have launched ‘retrospective’ enforcement campaigns, with some jurisdictions extending the look-back period to as far back as 13 years, attracting widespread attention from market participants and the international engineering community. This article reviews recent developments in China in regard to the enforcement and governance efforts taken to address collusive bidding, with a particular focus on practical approaches inspired by the Operational Guidelines for Preventing Collusive Bidding in Contractor Project Bidding, and further analyses the implications for bid-tendering risk management within engineering projects that are part of the Belt and Road Initiative.

Released on Mar 11, 2026

Technology and the law - a constants-based regulatory framework

Rapid technological change continues to challenge traditional legal and regulatory frameworks, often prompting reactive, technology-specific responses that struggle to remain effective over time. This article advances the idea of a constants-based regulatory framework, arguing that while technologies evolve, the foundational elements that require legal oversight, such as data flows, system architecture, accountability mechanisms, intermediaries and institutional responsibility, remain largely stable. By refocusing regulation on these enduring constants rather than transient technological forms, the article proposes a more resilient and adaptable approach to technology governance, capable of operating across sectors and jurisdictions, while maintaining legal certainty, regulatory coherence and public trust.

Released on Mar 10, 2026

Colombia’s new tech transfer circular - what to look out for when dealing with data‑driven tech transfers

As Colombia acts to link innovation with privacy, the issuance of a new circular has set the expectations for tech transfers involving personal data, which is reassuring in principle, uncertain in practice.

Released on Mar 10, 2026

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