When a company is in financial distress, directors face difficult choices. Should they trade on to try to “trade out” of the company’s financial difficulties or should they file for insolvency? If they act too soon, will...more
Indonesia has relaxed restrictive local content requirements applying to electricity infrastructure projects. Under the new regulations, Indonesia will apply an exemption for projects that receive at least half their funding...more
Representing a fall from grace for an industry that was once seen as key to boosting economic revenue for the Philippines, President Ferdinand Marcos Jr. in July announced a ban on all Philippine Offshore Gaming Operators...more
Indonesia’s investment landscape continues to flourish, as revealed in the recent press conference led by the Minister of Investment and Head of Investment Coordinating Board of Indonesia. The first half of 2024 has seen...more
The Indonesian government has enacted a new law aiming to improve parental and child welfare. The new Law 4/2024 aims to ensure that working mothers enjoy equal rights in the workplace and also addresses high mortality rates...more
A Hong Kong court has sentenced three market manipulators to periods of imprisonment of up to six years and eight months after they were found guilty of conspiracy to carry out false trading in the shares of a Hong Kong...more
The Hong Kong government has launched a two-month public consultation on artificial intelligence (AI) and Copyright law. The consultation considers possible improvements to the Copyright Ordinance (Cap. 528) (CO) following...more
Hong Kong’s audit regulator, the Accounting and Financial Reporting Council (AFRC), says it expects all audit firms and their staff to comply with all relevant laws and regulations set out within the accountants’ ethics code....more
A Hong Kong court has reiterated that an arbitral tribunal enjoys a wide discretion as to the procedure it adopts, and repeatedly deciding matters, such as whether to hold an oral hearing, in one party's perceived "favour"...more
The Singapore government has refused to renew the visa of the U.S.-born chief executive of a shipping company after the company was designated by the U.S. Treasury for breaching Russian sanctions. Separately, a Singapore...more
A recent English case may cause concern amongst Hong Kong auditors hoping to protect themselves from liability towards third parties by the inclusion of standard disclaimer wording in their engagement agreements. The decision...more
Arbitration has long been a preferred method for resolving commercial disputes in Indonesia. With the recent enactment of SCR 3/2023, significant changes have been introduced which should enhance the arbitration landscape. We...more
The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more
A Hong Kong court has refused to sanction a scheme of arrangement, saying that practitioners should explain the key terms and effect of any proposed restructuring in a way which can be easily understood by the creditors and...more
The Australian government has set out an ambitious plan to attract overseas investors with a proven track record whilst at the same time toughening up safeguards for investment seen as higher-risk. Treasury Minister Jim...more
The Hong Kong Court of Appeal has finally laid to rest the vexed issue of whether an arbitration agreement or a winding-up petition should take precedence in an insolvency situation. In two parallel decisions, the Court of...more
The Accounting and Financial Reporting Council (AFRC) has published its first report on the public interest entity (PIE) audit market in Hong Kong. Reviewing its own survey of PIE auditors, the report highlights high vacancy...more
The concept of the “shareholder principle” in English law provides that a company cannot assert privilege against its own shareholders, unless the privileged documents in question were created for the dominant purpose of...more
One of the key challenges for creditors in taking control of a mainland Chinese company in an enforcement type situation is how to remove the “legal representative”. New legislation coming into force on 1 July 2024 should...more
A fire service contractor in Hong Kong has partially succeeded in its appeal against the order of the Fire Service Installation Contractors Disciplinary Board temporarily removing it from the Register of Fire Service...more
The Indonesian government has set out its plans for developing its still immature gaming industry, by enacting the Presidential Regulation No. 19 of 2024 on the Acceleration of National Game Industry Development (PR 19/2024)....more
A Hong Kong court has granted leave to appeal against a decision in which an arbitral award was sent back to the arbitrator for reconsideration on the basis that the law had changed on a key point relied upon in the...more
The Australian government is setting up a AU$2 billion finance facility to help fund green energy transition and infrastructure development in Southeast Asia. The Southeast Asia Investment Financing Facility (SEAIFF) will...more
In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public...more
The Indonesian Supreme Court has issued new guidance on the issue of compensation pay and balance-of-contract pay for fixed term employees.
On 29 December 2023, the Supreme Court of the Republic of Indonesia issued Circular...more