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.
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
- 07 February 2012
Client Update: PNG personal property security reform enactedPersonal property securities reform has passed into law in PNG but will not come into force untila security interest registry is established. Partners Steve Pemberton and Vaughan Mills look at the implications of the new law for doing business in PNG
- 25 January 2012
Focus: The issue of foreign investment in Australian agricultureThe Australian Government has used the release ofa report on foreign investment and Australian agriculture as an opportunity to reaffirm its support for foreign investment in the agricultural sector and articulate the issues that it considers when applying the national interest test to proposals for foreign investment in the sector. Partner Marcus Clark and Consultant Alan Millhouse report on this and other recent events relevant to foreign investment in Australian agriculture
- 16 January 2012
Focus: Cambodia introduces new Civil CodeA new Civil Code that will significantly change Cambodia's legal framework for a wide range of civil and commercial matters has recently come into force. Partner Marae Ciantar and Lawyer Anne Beresford report.
- 11 January 2012
Focus: Liberalising cross-border investment in RMBThe Chinese Government has made further moves towards the internationalisation of its currency with the release of a number of regulations regarding the use of the RMB both in investments made by Chinese companies overseas and, significantly, investments made by overseas companies into the PRC. Special Counsel Ross Keene, Senior Associates Adrian Fisher and Maggie Ma and PRC Consultant Michelle Ding report
- 10 January 2012
Focus: Hong Kong enforces PRC 'med-arb' awardIn brief: Hong Kong's pro-enforcement approach to arbitral awards has been confirmed by a recent Court of Appeal decision. It overturns the lower court's order refusing to enforce a PRC arbitral award on the ground of apprehended bias due to the way a 'med-arb' process was conducted. Partner Mun Yeow and Senior Associate Morgana Brady report
- 23 November 2011
Focus: Insurance issues arising from the Thai floodsIt seems inevitable that the floods currently affecting much of Thailand will give rise to a range of legal issues for both insurers, reinsurers and insureds. Drawing on our experiences following the recent floods in Queensland, Partner Matthew Skinner and Lawyers John Rainbird and Ainsley Reid consider some of the policy issues that can arise in these situations, including the definition of 'flood', underinsurance, and the importance of effective communication between insurers and policyholders
- 24 October 2011
Focus: Major Singapore data protection reforms proposedA proposed new consumer data protection regime will affect all Singapore business sectors, applying a uniform minimum data protection standard to every industry. Senior Associate Jeremy Chase and Lawyer Henry Fraser report.
- 03 October 2011
Focus: Detailed proposals announced for Hong Kong's new insurance regulatorDetailed proposals have been announced for Hong Kong's independent Insurance Authority, which will have comprehensive powers regarding insurers and insurance intermediaries. Partner Simon McConnell, Senior Associate Kieran Humphrey and Trainee Solicitor Alice Mok consider its key features and potential impact on the market.
- 22 September 2011
Focus: PNG personal property security reformsThe PNG Government has announced its intention to reform the laws dealing with security over all property other than land, and has tabled a draft Personal Property Security Bill that will follow the pattern of similar laws introduced in New Zealand and Australia. It will cover a wide range of transactions, including retention of title and equipment leases, not just traditional security interests. It will cover both consumer and commercial transactions. In many cases parties will need to register their interests to ensure they achieve their desired effect. Partners Vaughan Mills and Steve Pemberton look at the draft legislation
- 01 September 2011
Audio: Mongolia attracts investment interestThe International Monetary Fund has predicted that the Mongolian economy will this year grow faster than that of China, driven by a surge in international investment. Partners Erin Feros and Igor Bogdanich speak to Boardroom Radio about the opportunities and legal framework that go with investing in Mongolia
- 31 August 2011
Focus: Hong Kong to establish new Communications Authority in the next move towards convergence reviewHong Kong will establish a new Communications Authority as a unified regulator for both the telecommunications and broadcasting sectors, marking the next stage in the Government's long-awaited review and consolidation of the regulatory regime governing the converging telecommunications and broadcasting industries. Partner David Wenger, Senior Associate Adrian Fisher and Trainee Lawyer Ryan Ho report
- 22 August 2011
Audio: Shale gas in China and Asia PacificThe shale gas industry is currently booming in the United States. Partner Darren Murphy spoke to Boardroom Radio about the industry's prospects in the Asia Pacific, in particular Australia, China and Indonesia
- 27 July 2011
Focus: Hong Kong's new Arbitration OrdinanceThe new Arbitration Ordinance simplifies Hong Kong's arbitration law, unifying the different regimes for 'domestic' and 'international' arbitration. This should strengthen its status as a leading jurisdiction for international dispute resolution. Partner Simon McConnell and Senior Associate Kieran Humphrey discuss the key changes
- 27 July 2011
Focus: Hong Kong's new Arbitration OrdinanceThe new Arbitration Ordinance simplifies Hong Kong's arbitration law, unifying the different regimes for 'domestic' and 'international' arbitration. This should strengthen its status as a leading jurisdiction for international dispute resolution. Partner Simon McConnell and Senior Associate Kieran Humphrey discuss the key changes
- 25 July 2011
Focus: Foreign investment implications of the Australian carbon pricing schemeThe Australian Government has released details of its proposed carbon pricing scheme, which will operate initially like a carbon tax with a fixed (but increasing) carbon permit price and will then transition into a cap and trade scheme after three years. This scheme is set to be implemented in legislation that is to be introduced into the Australian Parliament later this year. Partners Grant Anderson and David Wenger report
- 21 July 2011
Focus: Moral damages in investor-state arbitrationA recent award provides a useful reminder that moral damages are available to individuals and corporations in extreme cases and a clear summary of the standard that must be met if they are to be justified. Partner Matthew Skinner and Lawyer Tim Maxwell report
- 08 July 2011
Focus: Arbitrability of insolvency related claims deniedThe Court of Appeal of Singapore recently upheld a High Court decision that insolvency related avoidance claims are not arbitrable, as they relate to a type of dispute that only the courts can resolve. Partner Matthew Skinner, Senior Associate Justin Simpkins and Lawyer Tom Levi report
- 29 June 2011
Focus: Absolute state immunity prevents enforcement in Hong KongHong Kong's Court of Final Appeal recently held that no state may be sued in Hong Kong's courts unless the state waives its immunity, and that submitting to arbitration does not constitute a waiver. This will have a major impact on any business wanting to enforce a claim against a state's assets in Hong Kong. For the first time, the court also referred questions about the interpretation of Hong Kong's Basic Law to the standing committee of the National People's Congress in Beijing. Partner Simon McConnell, Special Counsel Nicola Nygh, and Law Graduate Edmund Robinson report on the court's decision
- 08 June 2011
Focus: New Social Insurance Law in PRCA new social insurance law in the PRC (to take effect on 1 July 2011) provides, for the first time, an overarching framework for the administration of the five national social insurance funds in the PRC. Partner David Wenger, Senior Associates Ross Keene and Maggie Ma and Consultant Crystal Zhang report on the changes, which will impose greater obligations on employers and the relevant administrative agencies
- 27 May 2011
Focus: Australia's foreign investment regime post the SGX-ASX decisionThe Federal Treasurer recently rejected the SGX-ASX merger proposal on national interest grounds. Partner Jeremy Low and Senior Associate Andrew Wong report on how the decision fits in with the Government's foreign investment policy and its broader implications for future foreign investment applications
- 25 May 2011
Audio: Major floating LNG project marks sector growthLast week, Shell announced its final decision on its Prelude Floating LNG project in Australia. Partner Darren Murphy speaks to Boardroom Radio about the importance of that announcement for the sector overall, and what we expect to see next in Australia and Asia
- 10 May 2011
Focus: China prohibits bribery of foreign officialsChina has recently passed amendments to its Criminal Law which took effect on 1 May 2011. One amendment of particular interest to international observers has been the introduction, for the first time under PRC law, of a prohibition on bribery of 'foreign public officials' or officials of international public organisations to secure 'improper commercial benefits'. Partner David Wenger and Senior Associates Ross Keene and Xiangyu She report
- 19 April 2011
Focus: China adjusts foreign investment policyThe Ministry of Commerce of the People's Republic of China has recently issued changes to its policy on foreign investment. Partner David Wenger and Senior Associate Wayne Wang report on the changes that apply to foreign investment in China
- 02 March 2011
Audio: New opportunities in oil and gas sector in AsiaThe economic environment for the oil and gas sector in Asia is improving post-GFC. Partner Darren Murphy speaks to Boardroom Radio about the recent developments and opportunities in this sector
- 18 February 2011
Focus: New national security review mechanism targets inbound M&A in ChinaThe Circular on the Establishment of National Security Review Mechanism in relation to Foreign Merger and Acquisition Activities of Domestic Enterprises (Guofaban 2011 No.6), which formally establishes the national security review mechanism and takes effect in early March 2011, has been issued. Partner David Wenger and Special Counsel Frank Fan report
- 02 February 2011
Focus: Commercial impracticability as a force majeure event in SingaporeA recent decision of the Singapore Court of Appeal held that a force majeure clause contained in a contract between a concrete manufacturer and a building contractor was triggered when the supply of sand used in manufacturing concrete was affected by the 2007 Indonesian ban on sand exports. Partner Matthew Skinner (view CV) and Lawyer Robert Merriam report on a case that looks at the issue of commercial impracticability as a force majeure defence
- 03 December 2010
Focus: New Bill seeks greater transparency in agricultural land acquisitionsGreater investment in Australian agricultural assets by foreign investors has prompted a private members' Bill that aims for greater transparency in this area. Consultant Alan Millhouse outlines the impacts if this Bill is passed
- 30 November 2010
Focus: New rules on utilisation of insurance fundsThe China Insurance Regulatory Commission has recently released new rules governing the utilisation of insurance funds and given further guidance on insurance companies' investment activities. Head of Corporate, North Asia, David Wenger, Senior Associate Wayne Wang and Consultant Crystal Zhang report
- 30 September 2010
Focus: Takeovers Panel refines approach to deal protection measuresPartner Richard Kriedemann and Senior Associate Andrew Wong report on a recent Takeovers Panel decision that has provided guidance on how deal protection measures for an agreed takeover bid or a scheme of arrangement should be structured so as to ensure they are not anti-competitive.
- 28 September 2010
Client Update: Indonesia on the brink of achieving EITI statusIndonesia is in the final stages of being accepted as a candidate in the Extractive Industries Transparency Initiative. Disclosure of oil, gas and mining payments begins during the two-year candidacy phase, and companies therefore need to understand the initiative now, as Partner Darren Murphy and Lawyer Theresa Tayabali explain
- 16 September 2010
Client Update: Changes to insurer's asset maintenance requirementsThe Monetary Authority of Singapore is seeking comment on proposed legislative amendments that would allow it to impose asset maintenance requirements on any insurer (whether a branch or a locally incorporated entity) without any precondition. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 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: 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
- 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
- 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 agreementsto 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: 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
- 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
- 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
