Our experienced Asia legal team regularly publishes articles and updates - the full list of publications appears below. With our broad regional network, we keep you abreast of recent reforms, regulatory changes and trends across the Asia Pacific. If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Scroll down to view our latest publications or, for more about our experience within Asia, please download a brochure:
Indonesia (42 KB pdf)
Greater China (60 KB pdf)
Japan (42 KB pdf)
Papua New Guinea (52 KB pdf)
Korea (74 KB pdf)
Singapore (57 KB pdf)
Vietnam (84 KB pdf)
Thailand, Siam Premier (68 KB pdf)
See also Allens Arthur Robinson's Vietnam Laws website, featuring an online searchable database of English translations of over 3,000 Vietnamese laws and our monthly Vietnam Legal Update
- 30 August 2010
Client Update: Ideas sought for effective use of social media in civil litigationA consultation paper seeking suggestions about how social media can be used effectively in civil litigation has been released by the Supreme Court of Singapore. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 16 August 2010
Client Update: Impact of new US disclosure law on resources companiesResources companies registered with the US Securities and Exchange Commission will have to comply with new US legislation requiring disclosure of certain payments to governments. Partners Marae Ciantar and Darren Murphy look at the practical operation and effect of section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
- 11 August 2010
Client Update: Consultation paper on group insurance policies releasedThe Monetary Authority of Singapore has released a consultation paper inviting comment on the proposed introduction of legislative safeguards aimed at protecting insureds under a group policy by minimising the opportunities for fraud on the part of the policy owner. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 03 August 2010
Focus: Arbitrability of insolvency related claimsIn a recent case concerning an application for a stay in favour of arbitration, the High Court of Singapore has decided that insolvency related avoidance claims are not arbitrable as they relate to a type of dispute that can only be resolved by the courts. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 03 August 2010
Focus: New Insurance Regulator proposed for Hong KongThe Hong Kong Government has recently proposed establishing an independent Insurance Authority to regulate the insurance market, which would be entrusted with comprehensive powers regarding insurers and insurance intermediaries. Partners Simon McConnell and Mun Yeow and Lawyer Kieran Humphrey consider its key features and potential impact on the market
- 30 July 2010
Focus: HK Companies Ordinance Rewrite - impact on directors and shareholdersThe proposed draft Companies Bill will reform the Hong Kong Companies Ordinance in a number of significant ways. Partners Simon McConnell and Mun Yeow and Lawyer Kieran Humphrey look at the impact of the changes on both the directors and shareholders of Hong Kong companies
- 13 July 2010
Focus: Forum shopping not a numbers gameThe Singapore Court of Appeal has decided that on the question of whether a particular jurisdiction's court is the appropriate forum to hear a dispute, the answer should be based on the weight given to each connecting factor pointing to or away from it, rather than on the number of each. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 04 June 2010
Focus: Equity deadline for Indonesian banks and insurersExisting regulations require Indonesian insurance companies and banks meet new minimum equity capital requirements by the end of 2010. As the deadline approaches, Partners David Holme (Jakarta) and Robert Clarke (Singapore) and Lawyer Brooke Nicholls revisit the requirements, and examine the consequences for businesses that fail to comply and the opportunities that will arise from the expected consolidation and capital raising
- 14 May 2010
Focus: China adjusts foreign investment regimeThe State Council of the People's Republic of China has released Opinions on Further Improving the Utilization of Foreign Investment (No 9, 2010) which will have a significant impact on foreign investors. Partner Stuart Mengler and Senior Associate Frank Fan consider this release and its implications
- 08 April 2010
Focus: Singapore budget benefits M&A activitySingapore's 2010 budget has been approved by Parliament and the Supply Act 2010 (which controls the Singapore government's spending in the financial year 2010) has come into force. Helpfully for participants in the mergers and acquisitions industry sector the 2010 budget includes tax allowances and various reliefs for qualifying mergers and acquisitions transactions. Partner Robert Clarke and Senior Associate Christopher Tan summarise the changes
- 30 March 2010
Focus: Trust law regime in Hong Kong - a time for changeThe Hong Kong Financial Services and Treasury Bureau last year launched a public consultation on the review of the Trustee Ordinance. Partner Matthew Barnard and Lawyer Angeline Wong examine the implications of the consultation's conclusions for the review's proposals, and report on the changes to be made to the Trustee Ordinance.
- 04 February 2010
Focus: Tax on sale of indirect interests in PRC companies by non-residentsThe PRC State Administration of Taxation has recently issued a circular stating that PRC non-residents may be liable to pay PRC tax when transferring offshore companies that directly or indirectly hold shares in PRC companies. Partner Campbell Davidson, Senior Associate Ross Keene and Consultant Wen Zhang report
- 01 February 2010
Focus: China clarifies 'beneficial owner' under double taxation agreements to address 'treaty shopping'The PRC State Administration of Taxation recently released a circular clarifying when an offshore company will be considered the 'beneficial owner' of a PRC company for the purpose of obtaining relief under a double taxation agreement. Partner Campbell Davidson, Senior Associates Maggie Ma and Ross Keene, and Consultant Wen Zhang report
- 18 January 2010
Focus: Changes to real estate laws and policies in ChinaThe General Office of the PRC State Council, the China Banking Regulatory Commission and the PRC Ministry of Land and Resources have recently introduced new policies aimed at controlling the price of residential properties in China.Partner Campbell Davidson, Senior Associates Maggie Ma and Ross Keene and Consultant Wen Zhang look at these changes.
- 13 January 2010
Focus: Asia Finance - When a little bit of knowledge can be dangerous - the 'indoor management rule'The long-established common law 'indoor management rule' protects outsiders in their dealings with companies and allows them to assume that a company's internal management requirements have been complied with. A recent Hong Kong Court of Final Appeal decision has examined the circumstances in which a lender would be put on notice of possible internal procedural irregularities in the borrower's approval process, thereby limiting the lender's ability to rely on the indoor management rule. Partner Matthew Barnard and Senior Associate Justin Chin report
- 15 December 2009
Focus: Foreigners permitted to establish partnerships in ChinaChina's State Council has released the Administrative Measures Governing the Establishment of Partnership Enterprises by Foreign Enterprises or Individuals in China, permitting foreign participation in Chinese partnerships. Partner Campbell Davidson, Senior Associate Wayne Wang and Consultant Crystal Zhang report
- 15 December 2009
Focus: ASIC's unofficial policy on takeover schemes - should it be made official?On 11 December, ASIC issued an updated version of its Regulatory Guide 60 on schemes of arrangement, and a consultation paper asking whether it is appropriate for ASIC to maintain its unofficial policy of withholding its s411(17)(b) certificate of 'no objection' at the second court hearing in relation to a takeover type scheme where an objector wishes to argue 'avoidance' of the takeover provisions in Chapter 6 at the hearing. Partner Guy Alexander and Senior Associate Emin Altiparmak explain why that policy is inappropriate (a point we have been making since it was introduced in the early 2000s). They also briefly look at the guidance in updated RG 60 on reverse takeover schemes
- 02 December 2009
Focus: Making PRC outbound investment easierThe State Administration of Foreign Exchange of the People's Republic of China recently streamlined the administration of foreign exchange for overseas investment by PRC-incorporated entities. Partner Stuart Mengler and Senior Associate Frank Fan look at the key changes, their impact on offshore investment by PRC entities and the potential impact on foreign invested enterprises operating in the PRC
- 23 October 2009
Focus: Removing REs - what the courts have been sayingIn recent months, several hostile attempts to remove responsible entities have come before the courts. As a result, there has been sharper focus on the statutory regime for changing responsible entities, with many of the relevant provisions of the Corporations Act 2001 (Cth) having now been tested. Partner Susan Burns and Senior Associate Penny Nikoloudis examine the effect of recent case law on the procedures for removing REs
- 20 October 2009
Client Update: New qualified foreign institutional investors regulationsThe State Administration of Foreign Exchange of the People's Republic of China recently published the Provisions for Foreign Exchange Administration on Domestic Securities Investment by Qualified Foreign Institutional Investors, which replace the previous Interim Provisions. Partner Campbell Davidson and Senior Associate Troy Zhang look at the key changes
- 20 October 2009
Focus: Release of guideline on retail pricing for 'basic drugs'The National Development and Reform Commission has released a guideline for setting the retail prices of 'basic drugs'. Partner Campbell Davidson, Senior Associate Frank Voon and Lawyer Michelle Ding look at the key features of the Guideline and its potential impact on the pharmaceutical industry in the People's Republic of China
- 01 October 2009
Focus: Foreign ownership changes of Thai insurance companiesA recent Office of the Council of State opinion dealing with foreign ownership requirements for insurance companies in Thailand will have an impact on most insurance companies in Thailand with foreign shareholders. Partners Marcus Clark, Marae Ciantar and Senior Associate Chatchavej Chitvarakorn report on requirements imposed on the shareholders of life and non-life insurance companies
- 22 September 2009
Focus: New Indonesian electricity lawThe Parliament of the Republic of Indonesia recently passed a new electricity law that will replace the existing Law No.15 of 1985. Partners Widyawan and David Holme and Senior Associate Made Satwika review the new law's key elements
- 20 August 2009
Focus: Asia Finance - Vietnamese companies may issue international bondsThe Vietnamese Government has issued the long-awaited Decree 53/2009/ND-CP on Issuance of International Bonds , which will, for the first time, allow Vietnamese companies to issue foreign currency denominated bonds in the international market. Partner Thomas Miller and Lawyer Minh Duong report
- 09 July 2009
Focus: Shanghai issues Opinion on PRC Labour Contract LawThe Shanghai People's High Court has recently issued an Opinion on the implementation of the PRC Labour Contract Law, setting out how a number of the Law's provisions will be applied in Shanghai. Partner Campbell Davidson and Senior Associates Ross Keene and Katherine Yu report
- 03 July 2009
Focus: SAIC rules on implementing the Anti-Monopoly LawThe PRC's State Administration of Industry and Commerce recently released two procedural rules on implementing the Anti-Monopoly Law, which took effect from 1 July 2009. Partner Campbell Davidson, Senior Associate Wayne Wang and Lawyer Crystal Zhang report on their key provisions
- 18 June 2009
Focus: Impact of proposed EU directive on Australian and Asian fund managersIn the wake of the financial crisis, the European Union is moving towards tighter regulation of alternative investment funds, in particular hedge funds and private equity funds, through a proposed Directive on Alterative Investment Fund Managers. The proposed directive would have considerable extra-territorial reach and may result in additional regulatory burdens for managers of alternative investment funds based outside Europe. Partner Tim Manefield, Senior Associates Marc Kemp and Charlie Harrison, and Lawyer John Henderson report
- 15 June 2009
Focus: Nationality planning and foreign investment risk managementSpecial Counsel Gordon Smith, Partner Stephen McComish, Lawyer Sam Luttrell and Law Graduate Caroline Spencer report on the significance of 'nationality planning' in connection with bilateral investment treaties in order to maximise foreign investors' rights in Asia
- 04 June 2009
Focus: Asia Finance - Governance of shadow directors in Hong KongThe Hong Kong Companies Ordinance imposes a number of liabilities and prohibitions on shadow directors. Banks need to be aware of what conduct, in a workout situation, could give rise to the accusation of being a shadow director of a distressed corporate borrower. Partner Matthew Barnard and Foreign Lawyer Caroline Chan report on some cases that clarify the issue
- 04 June 2009
Client Update: Real estate law changes in ChinaThere have been a number of regulatory and policy changes recently introduced in the PRC real estate sector. Partners Nigel Papi and Tim Manefield and Senior Associates Maggie Ma and Campbell Izzard look at four of these changes and summarise how they may affect you
- 13 May 2009
Client Update: PCCW privatisation blocked due to share splittingThe Hong Kong Court of Appeal has recently handed down its reasons for overturning the judgment of the Court of First Instance and therefore blocking PCCW Ltd's HK$16 billion privatisation bid. Partner Campbell Davidson and Senior Associates Donald Fung and Angela Hui report.
- 06 May 2009
Focus: Amending registered scheme constitutionsA recent decision of the NSW Supreme Court provides important guidance on amending constitutions of registered managed investment schemes. Partner Matthew McLennan and Senior Associate Georgina Perry report
- 24 April 2009
Focus: Amendments to Cayman Islands Exempted Limited Partnership LawThe Cayman Islands Exempted Limited Partnership Law is being amended. Partner Tim Manefield and Senior Associate Charlie Harrison report on the implications
- 22 April 2009
Client Update: REIT preparation developments in ChinaMedia releases indicate that China's first listed Real Estate Investment Trust may be sponsored by Shanghai Lujiazui Finance & Trade Zone Development Co. Ltd, a major real estate developer in Shanghai. Partners Nigel Papi and Tim Manefield and Senior Associate Troy Zhang report
- 07 April 2009
Focus: Cambodia Legal UpdateWe look at the legal regime for mergers, recent regulatory developments in the banking industry, key issues under the current mining regime and the National Social Security Fund scheme
- 03 April 2009
Focus: Difficulties with Hong Kong property titlesA recent court decision in Hong Kong has allowed a purchaser to avoid a purchase agreement relying on a relatively minor title defect. Partner Tim Manefield reports on the decision
- 01 April 2009
Focus: Asia Finance - Vietnamese interest rate developmentsConsumer finance companies and banks in Vietnam have recently had some reason to rejoice, thanks to a joint effort by the State Bank of Vietnam and the Vietnamese Government to stimulate consumption, lending and investment activity. Partner Thomas Miller and Senior Associate David Hinchey report
- 25 March 2009
Focus: PRC Ministry of Commerce rejects takeover as anti-competitiveFor the first time, the PRC Ministry of Commerce has rejected a proposed acquisition under the PRC's competition regulations. The proposed takeover by Coca-Cola of Hong Kong-listed China Huiyuan Juice Group Limited was rejected on the grounds that it would contravene the PRC Anti-Monopoly Law by adversely affecting competition in the PRC fruit juice beverage market. Partners Campbell Davidson and Carolyn Oddie outline the key features and ramifications of this announcement
- 20 March 2009
Focus: MOC overhauls China Outbound Investment MeasuresThe Ministry of Commerce of the People's Republic of China has released the Administration Measures on Outbound Investment. Partner Seamus Cornelius and Senior Associates Frank Fan and Wayne Wang report
- 18 March 2009
Focus: Proposal to allow remote participation in futures marketsThe Hong Kong Securities and Futures Commission has proposed to amend the definition of 'dealing in futures contracts' in the Securities and Futures Ordinance in order to assist overseas market players to participate in regulated Hong Kong futures markets. Partner Matthew Barnard and Lawyer Angeline Wong report
- 18 March 2009
Client Update: Singapore reviews its corporate regulatory environmentConsistent with the Singapore Government's commitment to the evolution of a corporate regulatory framework responsive to market innovation and developments in other jurisdictions, the Ministry of Finance has convened a steering committee to review the Companies Act. Senior Associates, Ian Stewart and Krista Bowie, provide a brief overview of some of the key areas targeted for review and, possibly, amendment in the coming months
- 13 March 2009
Focus: Asia Finance - M&A loans in ChinaIn order to help sustain China's economic growth through the global financial crisis, the China Banking Regulatory Commission has for the first time permitted commercial banks to extend loans financing mergers and acquisitions. Partner Seamus Cornelius, Senior Associate Troy Zhang and Consultant Wen Zhang report
- 06 March 2009
Focus: Asia Finance - Singapore's new money lending law comes into effectSingapore's new money lending legislation will give greater certainty to corporates, offshore non-licensed lenders and funds. In the latest in our series of articles in the Focus: Asia Finance series, Partners Robert Clarke and Robert Fish and Lawyer Jonathan Teo report on the significance of the Moneylenders Act 2008, which this week came into effect
- 06 March 2009
Client Update: China adopts changes to its insurance legislationThe Standing Committee of the 11th National People's Congress of the People's Republic of China has passed an amended version of the PRC Insurance Law, to take effect from October this year. Partner Nigel Papi and Senior Associates Ross Keene and Troy Zhang look at the key changes
- 04 March 2009
Focus: Asia Finance - Taking security in Hong Kong - Companies Ordinance rewriteA comprehensive review and rewrite of the Companies Ordinance was launched in mid-2006. Three stages of public consultations were sought and consultation conclusions have now been released. Among them, are proposed changes to the laws in relation to the registration of charges. Partner Matthew Barnard and Lawyer Lucia Chan look at the present regime and the proposed changes
- 02 March 2009
Focus: ASEAN-Australia-New Zealand Free Trade AreaOn 27 February 2009, the trade ministers of all ten ASEAN members, Australia and New Zealand signed the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (to be referred to by the somewhat unwieldy acronym AANZFTA). One of our South East Asia-based partners, Marcus Clark, was at the signing as a delegate of the Australia-ASEAN Business Council and reports on the implications of this important trade initiative
- 20 February 2009
Client Update: Proposed changes to the foreign investment screening regimeThe Treasurer recently announced that the Commonwealth Government intends to amend legislation to clarify the operation of the foreign investment screening regime. Partner Alex Ding and Lawyer Laijing Lee report
- 18 February 2009
Focus: US seeking to further regulate wholesale private equity fundsNew US legislation, if enacted, could place Asian fund managers under greater disclosure regulation and make the US investor market a less attractive arena for their products. Some of these issues may also have relevance for Australian fund managers. Partner Robert Clarke and Tim Manefield look at the impact of the new legislation
- 06 February 2009
Client Update: Singapore - Funds ManagementIn the past fortnight, the Singapore Parliament has passed two Bills that introduce a suite of amendments to the principal legislation governing the securities industry in Singapore. This heralds the imminent introduction of a requirement to obtain the approval of the Monetary Authority of Singapore before entering into any arrangement to obtain effective control of an entity licensed under this legislation. Allens looks at this impending change
- 04 February 2009
Focus: Asia - Funds ManagementIn response to the current turmoil in global equity markets, the Singapore Exchange Limited, in consultation with the Monetary Authority of Singapore has introduced initiatives to facilitate rights issues by listed issuers. Partners Robert Clarke and Tim Manefield look at these initiatives, with a particular focus on the listed property sector
