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Kochhar & Co. India India’s Stand on Emergency Arbitrators and Emergency Awards India’s Stand on Emergency Arbitrators and Emergency Awards
Kochhar & Co. Advocates & Legal Consultants, October 2021

Author(s) Senior Partner, Nishant Menon and Associate, Nikhil Bhatia The Supreme Court of India on 6th August 2021 in Amazon.com NV Investment Holdings LLC v Future Retail Limited & Others handed down a seminal decision in relation to enforcement of an Emergency Arbitrator’s (“EA”) award. The ruling has great significance as it furthers India’s mission of being a pro-arbitration State where there is greater ease of doing business...

Thammasat University signs the licensing agreement with Antitoxin GmbH, Germany.
Kudun and Partners, October 2021

Kudun and Partners represented Thammasat University with the preparation of the licensing agreement with Antitoxin GmbH, a German company founded in 1966 and specializes in the development of certified blood typing reagents for automated and manual applications...

Can a tenant get away with its payment obligations in view of COVID-19 and Government Closure Orders?
Deacons, October 2021

In our previous article, we reported that the court had refused to frustrate a tenancy agreement due to the COVID-19 pandemic and social disruption: The Center (76) Limited v Victory Serviced Office (HK) Limited HCA 1020/2020; [2020] HKCFI 2881. In this article, we will discuss several recent decisions on the same subject. The tenants’ arguments in all of these cases, that their payment obligations were discharged/suspended during the COVID-19 pandemic, failed...

Thailand: Foreign Investment Promotion Permitting Wealthy Foreigners to Buy Land and Houses
DFDL, October 2021

On 14 September 2021, the Thai cabinet passed a resolution (“Cabinet Resolution”) proposed by the Centre for Economic Situation Administration (“CESA”) to incentivize foreign investment in Thailand through the issuance of new visa, tax, and foreign land ownership incentives. The CESA particularly aims to attract high net worth foreign nationals, who wish to invest in land and buildings, and who can meet these minimum qualifications: 1...

Shearn Delamore & Co. Newsletter September 2021
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the September 2021 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you. In this issue’s Front Page Focus, Caitlin Tan Hui Yi, associate from our Dispute Resolution Practice Group, discusses the disqualification of solicitors in the Court of Appeal case of Dato’ Azizan bin Abdul Rahman v Pinerains Sdn Bhd...

Shearn Delamore & Co. Legal Updates October 2021
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for October 2021. Employment & Administrative Law Deed of Settlement, Termination and Release Upheld as Cessation of Employment by Mutual Agreement In the recent case of Christopher Dass a/l Muniandy @ Mathew v Clasquin (Malaysia) Sdn Bhd dated 3 August 2021 (Award No...

Security of Payment Provisions in Public Works Contract Effective – Your Need to Know
Deacons, October 2021

In our Client Alert dated 26 March 2021, we reported that the Government had released a draft Technical Circular on the implementation of the spirit of Security of Payment Legislation (SOPL) in public works contracts. The draft Circular was provided to stakeholders to comment and the Circular aimed at implementing certain measures of SOPL on public works contracts, term contracts and related subcontracts tendered after July/August 2021...

Cambodia: Competition Law Enacted
DFDL, October 2021

Cambodia’s long-awaited Competition Law (“Law”) was signed into law by the King on 5 October 2021. While the Law has been enacted, the principal regulator, the Cambodia Competition Commission (“CCC”) has not yet been appointed and it is not clear how the Law will be enforced prior to a) such appointment and b) the issue of required regulatory instruments and decisions...

Significant amendments to Carriage of Goods by Sea Act
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, In July 2021 the Carriage of Goods by Sea (Amendment) Act (2020) (the "Amendment Act") and its supplementary Carriage of Goods by Sea (Amendment of First Schedule) Order 2021 (the "Order") officially came into force. The Amendment Act and the Order brought into effect the long-awaited changes to the Carriage of Goods by Sea Act 1950 (the "Principal Act"), which has been in force since 23 May 1950...

Panel Speaker at the Legal in Action on Facebook Live organized by ?????? Thai Business and TLCA
Kudun and Partners, October 2021

Kongkoch Yongsavasdikul, partner and co-head of Startup Practice was invited to speak on the legal landscape of Startups in Thailand in the session “FinTech, AI & Fundraising – In Action: Series A & Beyond” by Legal in Action, hosted by Khun Peangpanor Boonklum with other speakers; Dr. Sutapa Amornvivat, PhD and Dr. Nattavut Kulnides. Thanks to Legal in Action and host Khun Peangpanor for inviting our partner as a speaker...

Overview of REITs with buy-back conditions: The new mechanisms to help real estate owners survive in the midst of Covid-19
Kudun and Partners, October 2021

It is apparent that the Covid-19 pandemic has had a tremendous impact on every business sector. Above all, the hospitality industry has taken the hardest hit, as tourism is its primary source of revenue.  Due to a lack of financial liquidity and growing expenditure, it is not an overstatement to predict that real estate owners in the hospitality sector would be compelled to sell their operating assets potentially at an unfavorable price in order to survive during this challenging time...

Cambodia: Increase in Minimum Wage for 2022 – Garment, Textile, Footwear, Travel Product & Bag Sectors
DFDL, October 2021

On 28 September 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 264 on the Determination of Minimum Wage for Workers in the Garment, Textile, Footwear, Travel Product and Bag Sectors (“Prakas 264”), to set new minimum wage for 2022, which will be effective from 1 January 2022. Under Prakas 264, workers in the relevant sectors will be entitled to the following new minimum wage: For regular workers, USD 194 per month...

Thailand: Overseas E-Commerce or Online Platforms Must Now Pay VAT on Services Supplied to Consumers in Thailand
DFDL, October 2021

On 10 February 2021, the Royal Thai Government Gazette announced the Act Amending Revenue Code No.53 (the “Act”). This Act stipulates that overseas electronic service providers and online platforms must now register for and pay VAT on electronic services, delivered over the internet or other electronic networks (“Electronic Services”) supplied to non-VAT registered consumers in Thailand. This VAT applies to such transactions from 1 September 2021 onward...

Trademark Act 2019 with overview by Indran Shanmuganathan and The Annotated Trademarks Act 2019
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, With the enactment of the latest Trademark Act 2019, our Intellectual Property partner, Indran Shanmuganathan, has authored two books published by renowned publishers, Sweet & Maxwell namely “Trademark Act 2019 with overview by Indran Shanmuganathan” and “The Annotated Trademarks Act 2019” which is a part of Malaysian Legislation Series...

Chambers Global Practice Guides: Employment 2021
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, Our Employment and Administrative Law partner, Vijayan Venugopal, has authored the Law and Practice chapter (Malaysia) of the Chambers Global Practice Guides: Employment 2021. The chapter covers the Industrial Relations (Amendment) Act 2020, terms of employment, restrictive covenants, data privacy law, foreign workers, collective relations, termination of employment, employment disputes and dispute resolution. Click here to read more...

AML/CFT Act statutory review – Ministry of Justice calls for submissions
MinterEllisonRuddWatts, October 2021

Today, the Ministry of Justice (Ministry) released the consultation document for its statutory review of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act). The Ministry has asked for submissions, or feedback through an online questionnaire, by 5pm on 3 December 2021. This consultation is a keystone component of that statutory review, which commenced on 1 July this year as required under s 156A(1) of the AML/CFT Act...

Shearn Delamore & Co. Legal Updates September 2021 (2)
Shearn Delamore & Co., October 2021

Financial Services Malaysia Overnight Rate as Alternative Reference Rate Bank Negara Malaysia (“BNM”) announced on 24 September that the Malaysia Overnight Rate (“MYOR”) is an alternative reference rate for Malaysia. The MYOR: will be administered and calculated by BNM as the volume-weighted average rate of unsecured overnight Ringgit interbank transactions, including BNM’s overnight monetary operations (excluding Standing Facilities)...

Chambers Global Practice Guides: International Arbitration 2021
Shearn Delamore & Co., October 2021

1. General 1.1 Prevalence of Arbitration Litigation continues to be the primary method of resolving disputes in Malaysia, for both domestic and international disputes. This is not expected to change in the near future...

How to Transfer Personal Information out of China under the Personal Information Protection Law
Deacons, October 2021

The Personal Information Protection Law (the “PIPL”) will take effect on 1 November 2021. It follows the fundamental rules on protecting personal information under the Cybersecurity Law and Civil Code of the People’s Republic of China (PRC). We highlight below the key points in the PIPL on processing personal information within China, and outbound transfer of personal information, which may impact businesses whether they are operating in or outside the PRC. 1...

Can we vaccinate? Yes, we can.
MinterEllisonRuddWatts, October 2021

COVID-19 vaccinations are now on the list of topics to avoid at dinner parties (which are still virtual for those of us in Auckland). Globally, we have seen COVID-19 vaccinations create mixed emotions around civic responsibilities and bodily autonomy, and spark protests in breach of many “stay at home” orders...

Tirohanga: Financial Services Quarterly Outlook – October 2021
MinterEllisonRuddWatts, October 2021

Welcome to our first issue of Tirohanga: Financial Services Quarterly Outlook.In this quarterly publication, we highlight what’s coming up in the financial services sector over the next quarter, recap some recent events and those to look out for, take a look at some of the interesting things we’ve been working on over the past three months, and take a look at what some of our alumni have been up to...

Suspension of PCC’s Motu Proprio Merger Review Powers Ends
SyCip Salazar Hernandez & Gatmaitan, October 2021

On September 15, 2021, the one-year-long suspension of the Philippine Competition Commission’s (PCC) power to review mergers and acquisitions motu proprio under Republic Act No. 11494 (the Bayanihan to Recover as One Act, or the Bayanihan 2) ends. This means that starting September 16, 2021, the PCC may again review mergers and acquisitions motu proprio...

Reserve Bank consults on the future of money
MinterEllisonRuddWatts, September 2021

Today, the Reserve Bank of New Zealand (RBNZ) has published a consultation on the ‘Future of Money’. The consultation is aimed at gaining the public’s input on how: the RBNZ performs its role as steward of money and cash; and how it should assess whether to offer central bank money in a digital form alongside cash...

FMA announces escalation in AML/CFT enforcement approach
MinterEllisonRuddWatts, September 2021

The Financial Markets Authority (FMA) today announced an escalation in its approach to enforcement for noncompliance with the New Zealand anti-money laundering and countering financing of terrorism (AML/CFT) regime. In doing so, the FMA referred to its latest AML/CFT monitoring insights report, for the period of July 2018 to June 2021 (Monitoring Report). The FMA’smedia releaseand theMonitoring Reportcan be found on the FMA’s website...

Capacity of the applicant and the duty of full and frank disclosure in applications for enforcement of arbitral awards
Deacons, September 2021

Arbitration is an increasingly popular means for cross-border dispute resolution, and it has also led to an increasing number of court applications in Hong Kong seeking enforcement of local and foreign arbitral awards...

 

 

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