Publications for Asia Pacific Regional Forum
Securing Australia’s economic future: a strategy for trade diversification amid rising geopolitical tensions
As global tensions deepen, Australia’s economic reliance on China has become a focal point of national discourse. While China remains a crucial trade partner, the growing risk of conflict in the Indo-Pacific, particularly in the South China Sea and around Taiwan, emphasises the need for Australia to reinforce its economic resilience. A diversified trade approach offers significant benefits, drawing insights from recent global shifts and showing how strategic, balanced partnerships could reinforce Australia’s economic future.
Released on Feb 12, 2025
Unjust laws, uncertain future: Taiwan’s struggle against authoritarian infiltration
This article examines Taiwan’s constitutional crisis, triggered by amendments to the Constitutional Court Procedure Act, which jeopardise judicial independence and risk paralysing its highest judicial institution. This article also emphasises the broader implications for global democracy and the urgent need for international attention to counter authoritarian influence.
Released on Feb 12, 2025
The proposed merger between Uber Eats and Foodpanda in Taiwan
In regard to the review of the proposed merger between Uber Eats and Foodpanda in Taiwan, one of the key issues is whether such a merger between two companies involved in the purchase of labour may substantially lessen competition. This article urges the Taiwan’s Fair Trade Commission to assess the risks that couriers will face as a result of the merger. On the other hand, this article points out the probable long-term commitments that will be used to try to secure the Fair Trade Commission’s permission.
Released on Feb 12, 2025
Employee self-harm and employer accountability: navigating the legal considerations and best practices
As workplace dynamics continue to evolve, there has been a concerning increase in employee suicides being reported in public fora. This trend brings into sharp focus the importance of mental health and social wellbeing within the workplace. As such, it has become increasingly essential to examine cases of employee self-harm and how courts attribute accountability in regard to employers in such cases, particularly in terms of criminal law. This article analyses the judicial decisions that have examined the liability of the relevant management teams or employees of an organisation in regard to the criminal provisions relating to the ‘abetment of suicide’ of an employee. It further endeavours to cover certain best practices that employers must adopt in to mitigate any risks in regard to these very sensitive matters.
Released on Feb 12, 2025
Personal data protection in recruitment: key takeaways from the regulatory developments in Vietnam
Collecting a candidate’s personal data (via the receipt and examination of their CV) is generally the beginning of any employment engagement. Employers tend to collect more and more information about the candidate in order to carry out a comprehensive review of such potential employees, before deciding whether they are the right person for the position. However, Vietnam is now perfecting its regulations on personal data protection and, in the coming days, the collection of a candidate’s personal information might have to follow a strict procedure.
Released on Feb 12, 2025
The enforceability of interim orders under Indian law
Interim measures in international arbitration are an important tool to protect the rights of parties, pending determination of the dispute by the arbitral tribunal. Therefore, the enforceability of interim orders granted by arbitral tribunals is critical.
Released on Feb 12, 2025
A glimpse of the draft digital personal data protection rules in India
This article seeks to highlight the major provisions proposed in the recent draft Digital Personal Data Protection Rules, published for public consultation by the Ministry of Electronics and Information Technology, as part of the Government of India, while simultaneously assessing their potential impact on data protection and the right to privacy, in accordance with their applicability in line with the Digital Personal Data Protection Act, 2023.
Released on Feb 12, 2025
The concept of authorisation under Pakistan’s data protection laws against the backdrop of the EU General Data Protection Regulation
The very concept of the law on privacy revolves around keeping information secure and private. This information is considered to be data and keeping it secure through various protection mechanisms is the purpose that laws on data protection offer in many countries.
Released on Feb 12, 2025
Is there a role for artificial intelligence in the pricing of legal services?
‘Professional services’, whether that be accounting, engineering, architects or, in this case, legal services, are often referred to as being ‘credence services’. Which is to say, they rely heavily, if not entirely, on the ‘credibility’ of the person or organisation providing the service.
Released on Feb 12, 2025
Electric mobility in India: an aspirational dream or a foreseeable reality?
As the world looks towards a sustainable future, India stands at the verge of a major transportation upgrade, where the promise of e-mobility shines as a tangible, foreseeable reality. As India’s urban landscape faces the challenges presented by burgeoning environmental concerns, electric vehicles emerge as a compelling solution, bridging the gap between sustainable living and economic progress.
Released on Feb 7, 2025
Introduction on export controls: economic sanctions
Export controls refer to the regulations that identify goods, technologies and services leaving a country’s borders to ensure compliance with objectives of national security, foreign policy and domestic economic interests. Economic sanctions involve measures imposed by governments to restrict trade or financial transactions with specific countries, entities or individuals for various reasons such as national security and economic interests.
Released on Jan 27, 2025
News corner: China’s new Tariff Law and implementing regulation of the Law of the PRC on the Protection of Consumer Rights and Interests
On 26 April 2024, the Chinese State Council passed the Tariff Law of the People’s Republic of China, which came into force on 1 December 2024. The new law consolidates existing rules in different documents and certain practices in one administrative law.
Released on Jan 13, 2025
2023 Anti-Trust Law: new rules in China
After the unveiling of the revised Anti-Monopoly Law, amended on 2022 (the ‘AML Amendments’), 2023 has been a year of progressive antitrust legislation in China. A flurry of updated regulations and mechanism were published to further clarify the AML Amendments, absorbing the past enforcement experience, for the purpose of facilitating the implementation of the AML Amendments
Released on Jan 13, 2025
What you should know before the cross-border transfer of personal information in China
The Chinese data protection regime, along with extensive supplementary implementing regulations, exerts a comprehensive influence on data protection regulations with extraterritorial implications and significant impacts on companies conducting business in China, with a particular emphasis on the supervision of cross-border data transfers. Companies engaged in the processing of personal information of individuals residing within the territory of China during business operations may be subject to regulatory oversight, regardless of whether they are physically established in China.
Released on Jan 13, 2025
The changes in the registered capital system under the new Company Law
The Company Law of the People's Republic of China (the ‘Company Law’) is the fundamental legislation that governs the socialist market economy system. Since its initial publication in 1993, the Company Law has undergone five revisions or amendments. The sixth revision of the Company Law commenced in 2019. Following four discussions by the Standing Committee of the National People's Congress and extensive consultation with various sectors of society, the latest draft was formally reviewed and approved on 29 December 2023. It is scheduled to come into force on 1 July 2024.
Released on Jan 13, 2025
Rules on contract validity under the People’s Republic of China Civil Code
The Civil Code of the People’s Republic of China took effect on 1 January 2021. It consolidates a number of civil laws, including the general principles of civil law, property law, contract law, guarantee law, family law, succession law, tort law and specific clauses in the judicial interpretations of the Supreme Court of the People’s Republic of China.
Released on Jan 13, 2025
Recent developments in the laws relating to online gaming and online betting in India
As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom
Released on Jun 25, 2024
A synopsis of sports law in India
Sports in India is predominantly synonymous with cricket. It is often said that in India, cricket is not a sport, but is a religion; and, since the advent of the Indian Premier League in 2007, besides cricket, other sports in India have also animated all conversations with passion, not simply for the love of sports, but because of the impressive revenue that sports generates.
Released on Jun 25, 2024
OTT, IDC and cloud-computing services under Telecom Law 2023
In Vietnam, over the last decade, new-generation and innovative ‘telecommunication’ services such as over-the-top messaging (OTT) service, internet data centre (IDC) service and cloud-computing service (Cloud) have emerged and developed rapidly as a result of the 4.0 industrial revolution.
Released on Jun 4, 2024
Navigating the complex landscape of interlocking directorates in India
This article explores the complex implications of interlocking directorates and common ownership on competition, particularly in the Indian context. Through a comparative analysis, empirical evidence and case studies from across the globe, the article evaluates whether interlocking directorates has potential for both anti-competitive behaviour and innovation. It also explores whether it is possible that common ownership can enhance, rather than hinder, competitive dynamics.
Released on Jun 4, 2024
The 2024 scheme: the advent of Green Hydrogen Hubs in India
India’s Ministry of New and Renewable Energy has published its ‘New Scheme Guidelines for Setting up Green Hydrogen Hubs under the National Geen Hydrogen Mission’ on 15 March 2024 which aims to encourage the establishment of Green Hydrogen Hubs and usher in their integration into the renewable energy eco-system. These hubs will be funded by the Central government in collaboration with State governments, local authorities and the private sector in order to propel the market for Green Hydrogen in India.
Released on Jun 4, 2024
Sanctions clauses in international contracts with a Russian nexus
Over the past few years, there has been an obvious trend towards strengthening and expanding sanctions restrictions. However, despite the geopolitical environment, Russia remains attractive for foreign businesses. In this regard, properly drafted sanctions clauses may help adapt commercial contracts in the current climate, reduce sanctions risks and associated consequences and ensure that business functions in full compliance with the legislative requirements in practice.
Released on Jun 4, 2024
The changing social tides in Southeast Asia
The recent introduction of a bill advocating the legalisation of same-sex marriage in Thailand is a significant milestone in the country’s ongoing pursuit of LGBTQ+ equality. This progressive proposal underscores Thailand’s dedication to human rights and strengthens its reputation as a beacon of acceptance in Southeast Asia. If passed into law, the bill not only will grant equal rights to LGBTQ+ citizens but also enhance Thailand’s status as an inclusive destination for all global travellers. This legislative initiative reflects a broader societal shift toward tolerance and inclusivity, and paves the way for a future where all individuals are respected and treated equally under the law.
Released on Jun 4, 2024
Indian Supreme Court sets aside half a billion dollar arbitral award to ‘cure’ miscarriage of justice
The Supreme Court of India, in its recent judgment in Delhi Metro Rail Corporation Ltd v Delhi Airport Metro Express Pvt Ltd, set aside an arbitral award on grounds of patent illegality. This judgment was delivered in a curative petition, which is a final remedy, exercised in the rarest of rare cases by the Supreme Court. This article analyses the reasoning of the Supreme Court to set aside the arbitral award, and the pitfalls of such a decision in a curative petition.
Released on Jun 4, 2024
Valuing the ‘new oil’: the intersection of international data valuation practice and regulatory regimes
The financial valuation of data – an intangible asset – is an emerging area of increasing strategic significance. While many factors influence data value, this article explores the lesser known interplay between data regulation and data valuation, while also considering key requirements of the International Valuation Standards (IVS) and key value drivers of data. Such considerations may be pertinent for practitioners in transactional, insolvency, regulatory and disputes contexts.
Released on Jun 4, 2024
2024 elections: will the BJP winning this election achieve unprecedented governance stability in India
There can be no doubt that the Bharatiya Janata Party (BJP) has impacted India in the past decade in multiple ways and has potentially changed the ‘Indian mindset’. This article focuses on the legal reforms and changes brought by the BJP in India and whether BJP winning the 2024 elections is indicative of unprecedented stability in governance.
Released on Jun 3, 2024
Russian customs inspections: recent trends and compliance pitfalls
The-Russian-customs-inspections-recent-trends-and-compliance-pitfalls Abstract: Russia is a Member State of the Eurasian Economic Union (EAEU) which includes the customs union of the Member States. For this reason, many aspects of customs law are delegated by the Member States to the EAEU level, such as the Customs Code of the EAEU, technical and sanitary regulations of the EAEU, etc. The authorities of the Member States are working on harmonisation of customs related matters, at the same time, there are specifics in local customs laws and procedures of the Member States. This is particularly so in respect of customs audits and inspections.
Released on Jan 10, 2024
Australia’s new era of employee ownership
It has been a big year for employee share schemes (ESS) in Australia. While there have been some tax reforms, on 1 October 2022, legislation was passed that brought about a tectonic shift in the regulatory plumbing that underpins the operation of ESS in Australia. Following the passing of these reforms, all companies that operate ESS in Australia – whether listed or unlisted, large or small – need to pause to consider how the new regulatory rules will impact on the operation of their ESS plans.
Released on Jan 10, 2024
Unpacking Vietnamese law on e-transaction 2023: a thorough exploration of key points
The law on e-transactions in Vietnam was recently amended in 2023. In this article we have analysed seven outstanding regulations in the amendment, namely: the scope of applications; data and data message; e-certificates; the use of e-signature and trust services; legal framework for applying e-contracts; synchronising the rights and obligations of the owner of the information system and the use of e-transaction accounts; and regulations on data collection, management and sharing among state agencies.
Released on Dec 12, 2023
Evolution of workplace harassment laws in Pakistan: the Protection Against Harassment of Women at the Workplace Act 2010 and the 2022 Amendment
The Protection Against Harassment of Women at the Workplace Act 2010 is a seminal legislation in Pakistan, providing victims of workplace harassment with an opportunity to pursue legal recourse. However, the law is subject to some limitations: primarily a narrow definition of ‘workplace’ and ‘employee’ with a focus only on sexual harassment of women, limiting the effectiveness of the law in addressing all forms of harassment faced by any employee in different types of workplaces. In 2022, an amendment to the Act was introduced, expanding its scope, addressing the limitations of the initial Act and making justice for victims of workplace harassment more accessible. This article explores the original law’s merits and limitations in addition to the changes brought about by the amendment, thus highlighting the importance of strong legal protections against workplace harassment in Pakistan.
Released on Dec 12, 2023