asian legal business june 2015

JUNE 2015ASIA EDITION

MCI (P) 178/01/2015Issn 0219 – 6875

KDn PPs 1793/07/2013(025520)

BLP ’S BOB CHARLTON: ‘ YOU REALLY HAVE TO PURSUE WHAT YOU ARE VERY GOOD AT ’

JAPAN AWARDSNagashima Ohno, MHM lead the pack

PAGE 42

RISING TIGERGC strategies amidstthe Philippines boom

PAGE 20

TROUBLED WATERSLawyers on Malaysia’s shipping woes

PAGE 22

INSIDE

n APPOINTMENTS

3

4

6

18

n BIG STORY

n LEAGUE TABLES

n DEALS

IN LAWLEADING FEMALE LAWYERS TALKINSPIRATION, CHALLENGES, AND

THE ROAD TO SUCCESS

DATE: 30 JUNE 2015LOCATION: SINGAPORE

To book, please visit www.regonline.com/SEAAC2015. Book 5 delegates and save an additional 20%.For enquiries, call Sheila at (65) 6870 3252 or email [email protected].

HTTP://WWW.LEGALBUSINESSONLINE.COM/CONFERENCES/SE-ASIA-ANTI-CORRUPTION-FORUM-2015

Home to some of the world’s richest and poorest countries, the average score for ASEAN member states in Transparency International’s 2014 Corruption Perceptions Index is a meagre 38 out of 100. Governments, international organisations and civil society therefore advocate for the creation of an ASEAN Integrity Community, complementary to regional economic harmonisation efforts with tighter anti-corruption collaboration and joint enforcement.

ALB’s South East Asia Anti-Corruption Forum connects policy-makers and playmakers behind these initiatives with senior representatives of the private sector, translating high-level (inter-)governmental frameworks into practical operational, business, compliance and training strategies for corporations.

Top reasons to attend:• Optimiseyouranti-corruptioncompliance

and training: move from awareness to adoption

• TakeadvantageofASEANintegrationtodrive advocacy and enact region-wide anti-corruption compliance standards

• Masterthekeyelementsofarobuststakeholder, reputation and crisis management plan

• Implementanti-corruptioneffortsfromtop-down to bottom-up: combine “Tone at the top” with a culture of ethics and accountability

• Meetandpartnerwithkeyrepresentativesof government, the non-profit, financial, technology, consumer services, education and energy sectors across ASEAN

Gain practical advice on the following:• Howwillextra-territoriallawssuchasthe

FCPA or the UK Anti-Bribery Act affect multinational companies operating within ASEAN?

• Howcanyouensurecompletetransparencyacross your supply chain?

• Whatchecksandbalancesareneededforthird party relationships?

• Whatduediligenceandanti-corruptionmeasures must be undertaken prior to andfollowingthecompletionofanM&Atransaction?

• Whatarethebestpracticestoadopttoensure the optimal conduct of internal investigations?

• Howsignificantarethereputationalrisksfrom allegations of corruption, and how can these be negated?

• Whatlessonscanbelearnedfromrecentanti-corruption enforcement cases in Asia?

TOP ANTI-CORRUPTION AND COMPLIANCE EXPERTS

MUNSHERNYEOHLegal Counsel/Compliance,Hitachi

STEVEN HOWARDGeneral Counsel, APAC,Sony Mobile Communications

DOMINIQUEABROKWAResources, Environment and Water Group Compliance Officer,SNC-Lavalin

PAUL FRONTCZAKSenior Legal Counsel, ABC and Antitrust,Shell Eastern Petroleum

MUSTAFARALIDeputy Chief Commissioner (Prevention),Malaysian Anti-Corruption Commission (MACC)

DRMARKLOVATTBusiness Integrity Programme Manager,Transparency International Malaysia

BALBEERSINGHJESSYHead, Legal & Secretarial Services,Iskandar Regional Development Authority (IRDA)

HON.OVERALLDEPUTYOMBUDSMANMELCHORARTHURH.CARANDANGOmbudsman’s Office, Philippines

ROSHNISUBAPANDITHASales Specialist for Enhanced Due Diligence,Thomson Reuters

ANTHONYROSEformer Vice-President, Corporate Affairs,Walmart Asia

KIAT SENG LEESenior Compliance Officer, Asia,Fujitsu

TERENCETEOGeneral Counsel, Asia-Pacific,Edwards Vacuum

MATTHEWC.STEPHENSONProfessor of Law,Harvard Law School

NOAHGELLNERCompliance Director,Baring Private Equity Asia

SANGEET DALLIWALLDirector of Compliance, APAC,Carlson Wagonlit Travel

ERICPESIKAssociate General Counsel and Compliance Officer,Seagate Technology

JACKSONKPEKVice President & General Counsel, Asia Pacific,Amadeus IT Group

BOEYSWEESIANGPartner,ATMD Bird & Bird LLP

PHILJOHNSONDirector, Corporate Investigations,Control Risks

ALB supports Proudly presented byEvent Sponsors Supporting Organisations

DANSHEADirector, Compliance & Litigation,Microsoft Asia Pacific & Japan

CONTENTS 1WWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

BRIEFS— The Big Story— League Tables— Deals Spotlight— News— Regional Updates— Appointments

346

101218

NEWS

22

“LOCAL MARITIME BAnKs AnD FInAnCIAL InsTITUTIOns MUsT UnDERsTAnD THAT THE CAPITAL InTEnsIVE sHIPPInG MARKET nEEDs HUGE InVEsTMEnT AnD THE PAYBACK PERIOD Is LOnG.”Jeremy M Joseph, Joseph & Partners

GC Section: Rising ASEAN tigerThe Philippines is now Asia’s second-fastest growing economy, bringing with it both deals and opportunities. Ranajit Dam examines how in-house counsel are coping with – and capitalising on – these boom times

Troubled watersAs Malaysia’s dry shippers struggle to stay afloat, the country’s shipping lawyers are being kept busy, finds Raghavendra Verma

‘You really have to pursue what you are very good at’Bob Charlton, who joined Berwin Leighton Paisner in October 2014 as the firm’s Asia head and Hong Kong managing partner, speaks to Kanishk Verghese about his new role, the firm’s core focus areas and

20

22

36

priorities in Asia, and its recent expansion in the region

A new roadmapIndia has faced scrutiny in recent years over its ability to protect the IP rights of all stakeholders and efficiently foster innovation. At the end of 2014, a draft National IPR Policy was released for public comment. The draft provides a clear roadmap for India’s IP regime, and lays the initial groundwork for strengthening the country’s IP ecosystem. Kanishk Verghese reports

Japan Law Awards 2015Nagashima Ohno & Tsunematsu and Mori Hamada & Matsumoto lead the list of finalists, with 36 and 30 nominations respectively, while Simpson Thacher & Bartlett is top among international firms.

38

42

FEATURES

COVER STORY

26Women in lawFemale in-house counsel and law firm partners across Asia tell Dana MacLean about how they juggle multiple roles as mothers, wives, lawyers and managers, and the skills it takes to rise through the ranks and stay. Additionally, in ALB’s inaugural Diversity list, we showcase firms across the region that are building the foundations for an inclusive workplace by offering staff the kinds of careers that can sustain a healthy work-life balance.

REUTERS/Romeo Ranoco

20

EDITORIAL2 ASIAN LEGAL BUSINESSJUNE 2015

MANAGING DIRECTORKlaus [email protected]

PUBLISHERAmantha [email protected]

MANAGING EDITORRanajit [email protected]

DEPUTY EDITORKanishk [email protected]

JOURNALISTShangjing [email protected]

COPY EDITORKaruna [email protected]

CONTRIBUTORSDana MacLeanRaghavendra Verma

SENIOR DESIGNERJohn [email protected]

TRAFFIC / CIRCULATION MANAGERRozidah [email protected]

ACCOUNT MANAGERSShyanne ChenAdvertising Sales Manager(Indonesia and Malaysia)(65) 6870 [email protected]

Henry ChengAccount Manager (Hong Kong, Korea)(852) 2847 [email protected]

Yvonne CheungAccount Director (China)(852) 2847 [email protected]

Amy SimSales Manager (Japan, Singapore, Taiwan)(65) 6870 [email protected]

Sardor YangibayevSales Executive(Philippines, Singapore, Thailand, Vietnam)(65) 6870 [email protected]

CONFERENCE AND MARKETING MANAGERTrang Chu [email protected]

ASIAN LEGAL BUSINESS is available by subscription. Please visit WWW.LEGALBUSINESSONLINE.COM for details.

Copyright is reserved throughout. No part of this publication can be reproduced in whole or part without the express permission of the editor. Contributions are invited, but copies of work should be kept, as ALB can accept no responsibility for loss.

MCI (P) 178/01/2015ISSN 0219 – 6875KDN PPS 1793/07/2013(025520)

THOMSON REUTERS18 Science Park Drive Singapore 118229 / T (65) 6775 5088 / F (65) 6333 090010/F, Cityplaza 3, Taikoo Shing, Hong Kong / T (852) 3762 3269 / F (852) 2154 6425www.thomsonreuters.com

As this issue was going to print, we received news of the launch of an initiative called Women in Law Hong Kong (WILHK), a networking platform aimed at women in all sectors of law in the SAR (see 8 for more details). With a committee featuring representatives from a number of local and international

firms, the network serves to underline the importance of diversity, particularly gender diversity, to Hong Kong’s legal community. But Hong Kong, while certainly being more proactive, is not alone when it comes to female representation, and other Asian jurisdictions, particularly in Southeast Asia are working hard to achieve a balance that was not there even some years ago.

The challenges that women in Asia’s legal sector face today do not revolve so much around discrimination as they do around having to make choices, usually between career and family. As our cover story, which features profiles of a number of successful women across Asia, in both in-house and private practice, shows there are ways to enjoy both. We hope this serves as our contribution to the ongoing conversation in the legal community today on this subject, and provides some food for thought going forward.

RANAJIT DAMManaging EditorAsian Legal BusinessThomson [email protected]

HAVInG IT

ALL

3BRIEFSINSIDE LEAGUE TABLES 4 / DEALS 6 / NEWS 10 / REGIONAL UPDATES 12 / APPOINTMENTS 18

06.2015

Amarchand is dead; long live Ama-rchands. The venerable 97-year-old law firm, India’s largest by some dis-tance on the day it closed its doors

on May 9, has now been split into two, bearing near-identical names; Shardul Amarchand Mangaldas (SAM) and Cyril Amarchand Man-galdas (CAM) each reflect the Shroff brother heading it. A public dispute had been fester-ing for some time, and the settlement arriv-ing via press release at the end of six months of arbitration found Shardul and Cyril Shroff “amicably” resolving to “split and bifurcate” their firm into separate entities. By May 11, CAM and SAM were not just open for business; they had shot out of the gates with expansion on their minds.

In the weeks since, so much ground has started to shift in India’s legal industry that it appears that the old order is in danger of being upended rapidly. A war for talent is underway for starters, as both firms start to beef up their arsenals. Notable targets have included senior J. Sagar Associates (JSA) partner Akshay Chudasama, who moved to SAM to head that firm’s Mumbai office, but the market has been buzzing otherwise with both news and rumours of hiring. As the split became official both SAM and CAM have been snapping up lawyers from different law firms, and according to website Legally India, SAM has been offering annual salaries of 1.5 million rupees ($24,000) to fresh graduates, a record for India’s legal industry. And this is an ongoing process which won’t stop any-time soon; by the time you read this article, more lawyers at various levels are expected tp have joined one of the Amarchands.

Then of course, there’s the geographical expansion. Shardul Shroff was the head of the New Delhi region of the legacy Amarch-and, which also included Kolkata, Ahmed-abad and Gurgaon; his SAM plans three of-fices in Mumbai and one in Bangalore. Cyril Shroff, who previously ran the Mumbai re-gion (including the Bangalore, Chennai and Hyderabad offices) has announced that CAM will open two offices in New Delhi shortly. Plans are afoot to have approximately 600 lawyers, including more than 80 partners firmwide, by July and 1,000 lawyers by 2018.

India’s chasing pack, so long used to living in the shadow of one Ama-

rchand, will now have to deal with twice the pressure from two.

The immediate priority is to stop hemorrhaging talent

to the new firms – a top firm has a no-poach

agreement with

one of the Shroffs in New Delhi, while oth-ers are reportedly hiking pay for key lawyers – but it is really the ramifications of the post-split industry that will truly test them. For one, fees can expect to drop as one player becomes two. More importantly, instead of one Amarchand, both SAM and CAM can now be on the same deal – on either side of the table – taking away work from other law firms. No matter what dispute may have existed between the brothers Shroff, it is un-derstood that other partners and associates in the two firms remain on good terms with each other and are keen to work together, meaning the industry will see more Ama-rchand now. For India’s legal sector, the next few months can be very interesting indeed.

THE BIG STORY

Doubly dominantTWO AMARCHANDS PROMISE TWICE THE HEADACHE FOR INDIA’S

OTHER LAW FIRMS, AND AN INDUSTRY SHAKEUP LOOMSBy RANAJIT DAM

CYRIL SHROFF SHARDUL SHROFF

4 briefs ASIAN LEGAL BUSINESSJUNE 2015

I. LEAGUE TABLE - NORTH ASIA LEGAL AND FINANCIAL RANKINGSNORTH ASIA Announced M&A Legal Rankings - Based on Value NORTH ASIA Announced M&A Financial Rankings - Based on Value

RankValue

(US$mln)No. of Deals

Market Share Rank

Value (US$mln)

No. of Deals

Market Share

1 83,502.3 15 21.1 1 75,945.1 15 19.22 73,228.4 9 18.5 2 68,116.8 11 17.23 50,351.8 14 12.7 3 61,760.3 18 15.64 45,494.2 2 11.5 4 56,391.4 35 14.35 45,415.8 2 11.5 5 45,524.7 6 11.56 22,565.3 7 5.7 6 33,806.1 16 8.67 17,534.3 12 4.4 7 25,664.3 17 6.58 16,165.3 32 4.1 8 25,151.3 19 6.49 12,968.4 14 3.3 9 24,101.3 65 6.110 11,559.5 11 2.9 10 20,876.7 5 5.3

(*tie) Based on Rank Value incl. Net Debt of announced M&A deals (excluding withdrawn M&A) (*tie) Based on Rank Value incl. Net Debt of announced M&A deals (excluding withdrawn M&A)

II. LEAGUE TABLE - LEGALCHINA Announced M&A Legal Rankings HONG KONG Announced M&A Legal Rankings

RankValue


Market Share Rank

Value (US$mln)

No. of Deals

Market Share

1 14,473.4 6 6.7 1 73,742.2 7 59.72 11,559.5 11 5.3 2 61,179.1 5 49.53 10,593.5 6 4.9 3 45,523.8 2 36.94 10,571.1 3 4.9 4* 45,410.8 1 36.85 10,125.3 5 4.7 4* 45,410.8 1 36.86* 8,876.7 2 4.1 6 16,539.1 3 13.46* 8,876.7 2 4.1 7 15,400.7 2 12.58 8,547.8 7 3.9 8 10,527.5 3 8.59 8,023.5 21 3.7 9 5,682.2 6 4.610 6,049.5 14 2.8 10 5,450.3 1 4.40 - 0 0.0


JAPAN Announced M&A Legal Rankings SOUTH KOREA Announced M&A Legal Rankings

RankValue


Market Share Rank

Value (US$mln)

No. of Deals

Market Share

1 16,165.3 32 28.1 1 2,820.0 19 6.92 10,474.0 6 18.2 2 2,327.4 12 5.73 9,946.7 22 17.3 3 2,139.9 15 5.24 6,021.2 3 10.5 4 2,127.4 7 5.25 3,225.7 3 5.6 5 1,401.4 6 3.46 3,141.9 4 5.5 6 461.7 1 1.17 3,000.0 1 5.2 7 178.9 8 0.48 2,775.6 6 4.8 8* - 3 0.09 2,717.1 31 4.7 8* - 1 0.010 2,545.0 3 4.4 8* - 1 0.0


II. LEAGUE TABLE - FINANCIALCHINA Announced M&A Financial Rankings HONG KONG Announced M&A Financial Rankings

RankValue


Market Share Rank

Value (US$mln)

No. of Deals

Market Share

1 20,250.4 14 9.3 1 66,916.8 7 54.22 15,694.8 8 7.2 2 61,598.7 17 49.93 12,007.7 14 5.5 3 45,524.7 6 36.94 11,434.6 10 5.3 4 45,410.8 4 36.85 11,406.2 6 5.3 5 30,282.0 10 24.56 10,282.7 5 4.7 6 20,167.9 2 16.37 10,221.2 8 4.7 7 19,835.2 8 16.18 10,065.3 3 4.6 8 13,067.8 9 10.69* 8,876.7 2 4.1 9 11,177.4 6 9.19* 8,876.7 2 4.1 10 10,640.5 5 8.6


Notes:

Data accurate from 1 January to 20 May 2015

Linklaters HSBC Holdings PLC

Legal Advisor Financial AdvisorFreshfields Bruckhaus Deringer Goldman Sachs & Co

Skadden SomerleyStikeman Elliott Morgan StanleyAllens Anglo Chinese Corp Finance

Clifford Chance Mizuho Financial GroupJun He Law Offices Moelis & Co

Herbert Smith Freehills UBSBaker & McKenzie Bank of America Merrill LynchMori Hamada & Matsumoto JP Morgan

Latham & Watkins Allens

Legal Advisor Legal AdvisorFreshfields Bruckhaus Deringer Freshfields Bruckhaus DeringerJun He Law Offices Linklaters

LEAGUE TABLES

ANY NORTH ASIA INVOLVEMENT ANNOUNCED M&A ACTIVITY - QUARTERLY TREND

King & Wood Mallesons Shearman & Sterling LLPGrandall Law Firm Norton Rose Fulbright

Studio Pedersoli e Associati Herbert Smith FreehillsLigerion ZAO Baker & McKenzieDavis Polk & Wardwell Mori Hamada & Matsumoto

Clifford Chance SkaddenLinklaters Stikeman Elliott

MERGERS & ACQUISITIONS SNAPSHOT

Mediobanca CITIC

Bank of America Merrill Lynch Moelis & CoSomerley Bank of America Merrill LynchLazard JP Morgan

CITIC Anglo Chinese Corp FinanceUBS Goldman Sachs & CoRothschild

JP Morgan SomerleyHSBC Holdings PLC

Legal Advisor Legal AdvisorMori Hamada & Matsumoto Kim & ChangFreshfields Bruckhaus Deringer Shin & KimNishimura & Asahi Lee & KoHerbert Smith Freehills Yulchon LLCCleary Gottlieb Steen & Hamilton Bae Kim & LeeShearman & Sterling LLP Weil Gotshal & Manges

0

League tables, quarterly trend, and deal list are based on the nation of either the target, acquiror, target ultimate parent, or acquiror ultimate parent at the time of the transaction. Announced M&A transactions excludes withdrawn deals. Deals with undisclosed dollar values are rank eligible but with no corresponding Rank Value. Non-US dollar denominated transactions are converted to the US dollar equivalent at the time of announcement of terms. North Asia includes China, Hong Kong, Taiwan, South Korea, Japan

Advokatfirman Vinge Skadden

Simpson Thacher & Bartlett Yoon & YangJones Day Clifford ChanceAnderson Mori & Tomotsune WilmerHale

Banca IMI (Intesa Sanpaolo) Nomura

UBS

Financial Advisor Financial AdvisorMorgan Stanley

110.8 114.6 126.2 125.2 95.4

114.4 146.8 134.0

93.7 117.7 128.3

148.7 142.5

202.8

162.1 162.1 162.1 162.1

0

500

1,000

1,500

2,000

2,500

3,000

40

90

140

190

240

1Q 11 3Q 11 1Q 12 3Q 12 1Q 13 3Q 13 1Q 14 3Q 14 1Q 15

No. of Transactions R

ank

Valu

e U

S$ B

illio

n Series1 Series2

ANY NORTH ASIA INVOLVEMENT ANNOUNCED M&A ACTIVITY - QUARTERLY TREND

NOTES: League tables, quarterly trend, and deal list are based on the nation of either the target, acquiror, target ultimate parent, or acquiror ultimate parent at the time of the transaction. Announced M&A transactions excludes withdrawn deals. Deals with undisclosed dollar values are rank eligible but with no corresponding Rank Value. Non-US dollar denominated transactions are converted to the US dollar equivalent at the time of announcement of terms. North Asia includes China, Hong Kong, Taiwan, South Korea, Japan. Data range is from 1 January to 20 May 2015

JAPAN ANNOUNCED M&A LEGAL RANKINGS

(*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A)

HONG KONG ANNOUNCED M&A LEGAL RANKINGS


SOUTH KOREA ANNOUNCED M&A LEGAL RANKINGS


RANK LEGAL ADVISOR VALUE($MLN) DEALS MARKET

SHARE

2 Shin & Kim 2,327.4 12 5.7

3 Lee & Ko 2,139.9 15 5.2

4 Yulchon LLC 2,127.4 7 5.2

5 Bae Kim & Lee 1,401.4 6 3.4

6 Weil Gotshal & Manges 461.7 1 1.1

7 Yoon & Yang 178.9 8 0.4

8* Clifford Chance - 3 0.0

8* WilmerHale - 1 0.0

8* Skadden - 1 0.0

RANK LEGAL ADVISORVALUE($MLN)

DEALSMARKET SHARE

2 Linklaters 61,179.1 5 49.5

3 Skadden 45,523.8 2 36.9

4* Stikeman Elliott 45,410.8 1 36.8

4* Allens 45,410.8 1 36.8

6 Herbert Smith Freehills 16,539.1 3 13.4

7 Baker & McKenzie 15,400.7 2 12.5

8 Mori Hamada & Matsumoto 10,527.5 3 8.5

9 Shearman & Sterling LLP 5,682.2 6 4.6

10 Norton Rose Fulbright 5,450.3 1 4.4

KIM & CHANG

DEALS: 19 MARKET SHARE: 6.9

VALUE($mln)

NORTH ASIA LEAGUE TABLES


SHARE

2 Freshfields Bruckhaus Deringer 10,474.0 6 18.2

3 Nishimura & Asahi 9,946.7 22 17.3

4 Herbert Smith Freehills 6,021.2 3 10.5

5 Cleary Gottlieb Steen & Hamilton 3,225.7 3 5.6

6 Shearman & Sterling LLP 3,141.9 4 5.5

7 Simpson Thacher & Bartlett 3,000.0 1 5.2

8 Jones Day 2,775.6 6 4.8

9 Anderson Mori & Tomotsune 2,717.1 31 4.7

10 Advokatfirman Vinge 2,545.0 3 4.4

MORI HAMADA & MATSUMOTO


VALUE($mln)

CHINA ANNOUNCED M&A LEGAL RANKINGS



DEALSMARKET SHARE

2 Jun He Law Offices 11,559.5 11 5.3

3 Clifford Chance 10,593.5 6 4.9

4 Linklaters 10,571.1 3 4.9

5 Latham & Watkins 10,125.3 5 4.7

6* Studio Pedersoli e Associati 8,876.7 2 4.1

6* Ligerion ZAO 8,876.7 2 4.1

8 Davis Polk & Wardwell 8,547.8 7 3.9

9 King & Wood Mallesons 8,023.5 21 3.7

10 Grandall Law Firm 6,049.5 14 2.8


VALUE($mln)

FRESHFIELDS BRUCKHAUS DERINGER


VALUE($mln)

FRESHFIELDS BRUCKHAUS DERINGER

5briefsWWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

MIDDLE EAST ANNOUNCED M&A LEGAL RANKINGS

I. LEAGUE TABLE - SOUTHEAST ASIA AND MIDDLE EAST SOUTHEAST ASIA / SOUTH ASIA Announced M&A Legal Rankings MIDDLE EAST Announced M&A Legal Rankings

RankValue


Market Share Rank

Value (US$mln)

No. of Deals

Market Share

1 5,306.9 7 16.1 1 44,851.1 2 61.42 3,634.7 36 11.0 2* 44,687.9 1 61.23 3,454.7 10 10.5 2* 44,687.9 1 61.24 3,242.2 1 9.8 2* 44,687.9 1 61.25 2,328.5 3 7.1 5 3,502.4 2 4.86 2,003.2 2 6.1 6* 3,263.7 2 4.57 1,931.8 2 5.9 6* 3,263.7 1 4.58 1,451.1 3 4.4 8 3,242.2 1 4.49* 1,423.5 2 4.3 9 2,886.0 3 4.09* 1,423.5 1 4.3 10 1,869.7 5 2.69* 1,423.5 1 4.3


II. LEAGUE TABLE - LEGALSINGAPORE Announced M&A Legal Rankings MALAYSIA Announced M&A Legal Rankings

RankValue


Market Share Rank

Value (US$mln)

No. of Deals

Market Share

1 5,306.9 7 30.8 1 61.4 1 1.82 3,454.7 9 20.1 2 27.6 1 0.83 3,242.2 1 18.8 3 24.0 1 0.74 2,328.2 2 13.5 4* 0.0 1 0.05 1,931.8 2 11.2 4* 0.0 1 0.06* 1,423.5 2 8.3 4* 0.0 1 0.06* 1,423.5 2 8.3 4* 0.0 1 0.06* 1,423.5 1 8.3 0 0.0 0 0.06* 1,423.5 1 8.3 - 113.0 7 3.310* 810.0 1 4.7 - 3,305.4 211 96.710* 810.0 1 4.7


INDIA Announced M&A Legal Rankings INDONESIA Announced M&A Legal Rankings

RankValue


Market Share Rank

Value (US$mln)

No. of Deals

Market Share

1 3,634.7 36 39.9 1 462.4 1 40.32* 1,193.2 1 13.1 2 0.3 1 0.02* 1,193.2 1 13.1 3* 0.0 1 0.04 1,093.2 14 12.0 3* 0.0 1 0.05 822.8 4 9.0 3* 0.0 1 0.06* 800.0 1 8.8 0 0.0 0 0.06* 800.0 2 8.8 - 462.7 5 40.36* 800.0 1 8.8 - 685.2 43 59.79 682.4 10 7.5 0 0.0 0 0.0

10 472.6 3 5.2 - 1,147.9 48 100.0


II. LEAGUE TABLE - FINANCIALSOUTHEAST ASIA / SOUTH ASIA Announced M&A Financial Rankings MIDDLE EAST Announced M&A Financial Rankings

RankValue


Market Share Rank

Value (US$mln)

No. of Deals

Market Share

1 5,069.6 5 15.3 1 49,282.6 7 67.52 3,923.8 2 11.9 2 44,687.9 1 61.23 3,531.6 6 10.7 3 6,819.3 5 9.34 3,348.0 5 10.1 4 5,657.5 7 7.75 2,430.6 4 7.4 5 4,640.1 8 6.46 2,233.5 3 6.8 6 3,704.0 3 5.17 1,864.2 4 5.6 7 3,463.7 2 4.78 1,514.2 3 4.6 8 3,273.9 5 4.59 1,498.5 3 4.5 9 3,263.7 1 4.5

10 1,273.3 3 3.9 10 2,114.0 3 2.9


Notes:

Legal Advisor Legal AdvisorAllen & Gledhill

Seward & Kissel

Gibson Dunn & Crutcher Linklaters

Weil Gotshal & Manges Goodwin Procter LLPLatham & Watkins Cooley LLPJones Day Allen & Gledhill

Kramer Levin Naftalis & Frankel Allen & Overy

LEAGUE TABLES

AZB & Partners Loyens & Loeff

Legal Advisor Legal AdvisorAllen & Gledhill Kirkland & Ellis

WongPartnership LLP Tulchinsky Stern & CoSkadden De Brauw Blackstone WestbroekShook Lin & Bok LLP Skadden

Debevoise & Plimpton Subtotal without Legal AdvisorJ Sagar Associates 0

Grandall Law FirmWongPartnership LLP Jones Day

Weil Gotshal & Manges

Latham & Watkins Linklaters

Seward & Kissel Subtotal with Legal AdvisorKirkland & Ellis Subtotal without Legal Advisor

Covington & Burling Subtotal with Legal Advisor

Jones Day Allen & OveryGibson Dunn & Crutcher WongPartnership LLPKramer Levin Naftalis & Frankel 0

Skadden Dorsey & Whitney LLPShook Lin & Bok LLP Clifford Chance

Cravath, Swaine & Moore 0

Amarchand Mangaldas Herbert Smith FreehillsLuthra & Luthra Law Offices Allen & Overy

Legal Advisor Legal AdvisorAZB & Partners Cleary Gottlieb Steen & HamiltonWeil Gotshal & Manges Shook Lin & Bok LLP

MERGERS & ACQUISITIONS SNAPSHOT

Jefferies LLC JP Morgan

Evercore Partners Deutsche BankMorgan Stanley Goldman Sachs & CoHSBC Holdings PLC Morgan Stanley

Citi Bank of America Merrill LynchCredit Suisse CitiDBS Group Holdings

Linklaters Clifford Chance

Bank of America Merrill Lynch Greenhill & Co, LLC

League tables, quarterly trend, and deal list are based on the nation of either the target, acquiror, target ultimate parent, or acquiror ultimate parent at the time of the transaction. Announced M&A transactions excludes withdrawn deals. Deals with undisclosed dollar values are rank eligible but with no corresponding Rank Value. Non-US dollar denominated transactions are converted to the US dollar equivalent at the time of announcement of terms. Geographic coverage includes SOUTH EAST ASIA: Singapore, Malaysia, Philippines, Thailand, Vietnam, Brunei, Cambodia, Indonesia, Laos, Myanmar, Timor-Leste; SOUTH ASIA: India, Afganistan, Bangladesh, Bhutan, Maldives, Nepal, Pakistan, Sri Lanka; MIDDLE EAST: United Arab Emirates, Saudi Arabia, Qatar, Jordan, Palestine, Bahrain, Iran, Iraq, Israel, Kuwait, Lebanon, Oman, Syria, Yemen

PH Bathiya & Associates Industry Total

JP Morgan Rothschild

HSBC Holdings PLC

Financial Advisor Financial AdvisorDeutsche Bank Barclays

ANY SOUTHEAST ASIA / SOUTH ASIA & MIDDLE EAST INVOLVEMENT ANNOUNCED M&A ACTIVITY - QUARTERLY TREND

64.8

53.8

36.8 34.1

47.4 42.1

49.0

63.0

25.3

53.1

35.8 45.4 44.7

65.4

42.5 42.5 42.5 42.5

0 200 400 600 800 1,000 1,200 1,400

10 20 30 40 50 60 70

1Q 11 3Q 11 1Q 12 3Q 12 1Q 13 3Q 13 1Q 14 3Q 14 1Q 15

No. of Transactions

Ran

k Va

lue

US$

Bill

ion

Series1 Series2

ANY SOUTHEAST ASIA / SOUTH ASIA & MIDDLE EAST INVOLVEMENT ANNOUNCED M&A ACTIVITY - QUARTERLY TREND

NOTES: League tables, quarterly trend, and deal list are based on the nation of either the target, acquiror, target ultimate parent, or acquiror ultimate parent at the time of the transaction. Announced M&A transactions excludes withdrawn deals. Deals with undisclosed dollar values are rank eligible but with no corresponding Rank Value. Non-US dollar denominated transactions are converted to the US dollar equivalent at the time of announcement of terms. Geographic coverage includes SOUTH EAST ASIA: Singapore, Malaysia, Philippines, Thailand, Vietnam, Brunei, Cambodia, Indonesia, Laos, Myanmar, Timor-Leste; SOUTH ASIA: India, Afganistan, Bangladesh, Bhutan, Maldives, Nepal, Pakistan, Sri Lanka; MIDDLE EAST: United Arab Emirates, Saudi Arabia, Qatar, Jordan, Palestine, Bahrain, Iran, Iraq, Israel, Kuwait, Lebanon, Oman, Syria, Yemen. Data range is from 1 January to 20 May 2015

SOUTHEAST ASIA/ SOUTH ASIAANNOUNCED M&A LEGAL RANKINGSSINGAPORE ANNOUNCED M&A LEGAL RANKINGS

(*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A) (*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A)(*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A)

INDIA ANNOUNCED M&A LEGAL RANKINGSINDIA ANNOUNCED M&A LEGAL RANKINGS

(*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A) (*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A)

SOUTHEAST ASIA LEAGUE TABLES


SHARE

2* Loyens & Loeff 44,687.9 1 61.2

2* Tulchinsky Stern & Co 44,687.9 1 61.2

2* De Brauw Blackstone Westbroek 44,687.9 1 61.2

5 Skadden 3,502.4 2 4.8

6* Goodwin Procter LLP 3,263.7 2 4.5

6* Cooley LLP 3,263.7 1 4.5

8 Allen & Gledhill 3,242.2 1 4.4

9 Linklaters 2,886.0 3 4.0

10 Allen & Overy 1,869.7 5 2.6

KIRKLAND & ELLIS


VALUE($mln)


SHARE

2* Weil Gotshal & Manges 1,193.2 1 13.1

2* Linklaters 1,193.2 1 13.1

4 Amarchand Mangaldas 1,093.2 14 12.0

5 Luthra & Luthra Law Offices 822.8 4 9.0

6* Cravath, Swaine & Moore 800.0 1 8.8

6* Covington & Burling 800.0 2 8.8

6* Debevoise & Plimpton 800.0 1 8.8

9 J Sagar Associates 682.4 10 7.5

10 PH Bathiya & Associates 472.6 3 5.2

AZB & PARTNERS


VALUE($mln)


DEALSMARKET SHARE

2 WongPartnership LLP 3,454.7 9 20.1

3 Skadden 3,242.2 1 18.8

4 Shook Lin & Bok LLP 2,328.2 2 13.5

5 Latham & Watkins 1,931.8 2 11.2

6* Jones Day 1,423.5 2 8.3

6* Gibson Dunn & Crutcher 1,423.5 2 8.3

6* Kramer Levin Naftalis & Frankel 1,423.5 1 8.3

6* Seward & Kissel 1,423.5 1 8.3

10* Kirkland & Ellis 810.0 1 4.7

10* Weil Gotshal & Manges 810.0 1 4.7


VALUE($mln)

ALLEN & GLEDHILL


VALUE($mln)

ALLEN & GLEDHILL


DEALSMARKET SHARE

2 AZB & Partners 3,634.7 36 11.0

3 WongPartnership LLP 3,454.7 10 10.5

4 Skadden 3,242.2 1 9.8

5 Shook Lin & Bok LLP 2,328.5 3 7.1

6 Weil Gotshal & Manges 2,003.2 2 6.1

7 Latham & Watkins 1,931.8 2 5.9

8 Jones Day 1,451.1 3 4.4

9* Gibson Dunn & Crutcher 1,423.5 2 4.3

9* Kramer Levin Naftalis & Frankel 1,423.5 1 4.3

9* Seward & Kissel 1,423.5 1 4.3


DEAL NAME FIRM JURISDICTION VALUE(US$ MLN) DEAL TYPE

Tuniu Corp’s sale ofnew shares to agroup of investorsled by JD.com

Orrick, Herrington& Sutcliffe China 500 Equity

Skadden, Arps, Slate,Meagher & Flom China 500 Equity

Dual tranche sukukissued by theMalaysian government

Clifford Chance Malaysia 1,500 Islamic Finance

Linklaters Malaysia 1,500 Islamic Finance

Adnan, Sundra & Low Malaysia 1,500 Islamic Finance

Zaid Ibrahim & Co Malaysia 1,500 Islamic Finance

Privatisation ofPerfect World

Akin Gump StraussHauer & Feld China, US 1,000 Privatisation

Davis Polk & Wardwell China, US 1,000 Privatisation

Orrick, Herrington& Sutcliffe China, US 1,000 Privatisation

Paul Hastings China, US 1,000 Privatisation

Skadden, Arps, Slate,Meagher & Flom China, US 1,000 Privatisation

Conyers Dill& Pearman China, US 1,000 Privatisation

Maples and Calder China, US 1,000 Privatisation

China New TownDevelopmentCompany’ssenior guaranteednotes issuance

Clifford Chance Hong Kong, China 161 Debt

Herbert Smith Freehills Hong Kong, China 161 Debt

Global Law Office Hong Kong, China 161 Debt

Zhong Lun Law Firm Hong Kong, China 161 Debt

Appleby Hong Kong, China 161 Debt

Open offer ofshares by Hua HanBio-PharmaceuticalHoldings

Chiu & Partners Hong Kong 437 Equity

Deacons Hong Kong 437 Equity

Fosun International’soffer to acquireremaining stake inIronshore Inc

Cahill Gordon& Reindel China, US 1,800 M&A

DLA Piper China, US 1,800 M&A

Kirkland & Ellis China, US 1,800 M&A

ASIA DEALS: YOUR MONTH AT A GLANCE

$1.8 BILLIONM&AFOSUN INTERNATIONAL’S OFFERTO ACQUIRE REMAINING STAKE INIRONSHORE INC• ChineseconglomerateFosun

International offered to acquire the 80 percent it does not already own in U.S. insurer Ironshore Inc.

• Fosun’soffer,whichissubjecttoregulatory approval, closely follows its acquisition of an initial 20 percent stake in Ironshore for $464 million last August.

• Fosun’scorebusinessescompriseinsurance, steel, property, pharmaceuticals and mining. The company has identified insurance as a major growth area for the group. Last year it bought the insurance arm of Portuguese state bank Caixa Geral de Depositos SA for $1.4 billion.

$500 MILLIONEQUITYTUNIU CORP’S SALE OFNEW SHARES TO A GROUP OFINVESTORS LED BY JD.COM• Tuniusold$350millionofClassA

ordinary shares to JD.com, making the latter the largest shareholder with a 27.5 percent stake in Tuniu.

• Aspartofthedeal,JD.com,whichhas close to 100 million active customer accounts, will hand over its travel site to be exclusively operated by Tuniu.

• JD.comwillforgocommissiononitsTuniu-operated site, but collect fees on flight and hotel bookings made through Tuniu via other JD.com pages.

$1 BILLIONPRIVATISATIONPRIVATISATION OFPERFECT WORLD• Chineseonlinegamedeveloper

Perfect World agreed to be taken private by its founder and chairman Michael Yufeng Chi, through Perfect Peony Holding Co., a company Chi incorporated in the Cayman Islands.


DEAL NAME FIRM JURISDICTION VALUE(US$ MLN) DEAL TYPE

COFCO andCIC’s agribusinessjoint venture

Baker & McKenzie China N/A JV

Clifford Chance China N/A JV

Mitra Keluarga’sIndonesian IPO

Baker & McKenzie.Wong & Leow Indonesia 343 IPO

Skadden, Arps, Slate,Meagher & Flom Indonesia 343 IPO

Hadiputranto,Hadinoto & Partners Indonesia 343 IPO

Makes & Partners Indonesia 343 IPO

Videocon d2h’sissuance and listing ofADRs on the NASDAQ

Baker & McKenzie.Wong & Leow India, US 273 Equity

Shardul AmarchandMangaldas India, US 273 Equity

McDermott Will& Emery India, US 273 Equity

Acquisition ofOmniVisionTechnologies Inc bya consortium ofChinese investors

Cleary Gottlieb Steen& Hamilton China, US 1,900 M&A

Gibson, Dunn& Crutcher China, US 1,900 M&A

Skadden, Arps, Slate,Meagher & Flom China, US 1,900 M&A

Wilson SonsiniGoodrich & Rosati China, US 1,900 M&A

Grandall Law Firm China, US 1,900 M&A

Zhong Lun Law Firm China, US 1,900 M&A

China TaipingInsurance’sshare placement

Clifford Chance Hong Kong 1,740 Equity

Norton Rose Fulbright Hong Kong 1,740 Equity

China NationalNuclear Power Corp’splanned IPO on theShanghai StockExchange

Tian Yuan Law Firm China 2,700 IPO

China GalaxySecurities Co’sshare sale

Kirkland & Ellis Hong Kong, China 3,100 Equity

Latham & Watkins Hong Kong, China 3,100 Equity

Grandall Law Firm Hong Kong, China 3,100 Equity

Haiwen & Partners Hong Kong, China 3,100 Equity

ASIA DEALS: YOUR MONTH AT A GLANCE

$2.7 BILLIONIPOCHINA NATIONAL NUCLEARPOWER CORP’S PLANNED IPO ONTHE SHANGHAI STOCK EXCHANGE• CNNPC’splannedIPOonthe

Shanghai Stock Exchange would be the China’s biggest A-share listing in five years.

• Accordingtotheprospectus,CNNPC will sell about 25 percent of its shareholding, raising 16.25 billion yuan, to build four new nuclear power projects.

$343 MILLIONIPOMITRA KELUARGA’SINDONESIAN IPO• IndonesianhospitaloperatorMitra

Keluarga is the second company to list on the Indonesia Stock Exchange in 2015.

• TheIPOwasthelargestinIndonesia since Garuda Indonesia raised $530 million from a listing in 2011.

• ProceedsfromtheIPOwillbeusedto construct seven new hospitals over the next five years.

$1.9 BILLIONM&AACQUISITION OF OMNIVISIONTECHNOLOGIES INC BY ACONSORTIUM OF CHINESEINVESTORS• TheconsortiumcomprisesHua

Capital Management Co, CITIC Capital Holdings and GoldStone Investment Co.

• OmniVision,whosecustomersinclude Apple, is a maker of chips for smartphone and tablet cameras. The company has a design centre and a testing facility in China and generates nearly 80 percent of its revenue from the country.


DEALS

Kirkland & Ellis, DLA Piper and Cahill Gor-don & Reindel have scored key advisory roles on Chinese conglomerate Fosun Internation-al’s offer to acquire the 80 percent it does not already own in U.S. insurer Ironshore Inc for $1.8 billion.

Fosun’s offer, which is subject to regula-tory approval, closely follows its acquisition of an initial 20 percent stake in Ironshore for $464 million last August, in a deal that in-volved DLA Piper and Cahill Gordon.

The Chinese company has retained DLA Piper as its legal advisor on the new trans-action, while Cahill Gordon and Kirkland & Ellis are advising Ironshore and its majority shareholders.

Chicago-based corporate partners Ste-phen Ritchie and Walter Holzer are leading the Kirkland & Ellis team, alongside New York tax partner Russell Light.

“This acquisition will bring synergies for both parties in the prevention of currency risks, expansion of assets allocation and co-operation in reinsurance business,” Fosun said in an announcement.

Fosun’s core businesses comprise insur-ance, steel, property, pharmaceuticals and mining. The company has identified insur-ance as a major growth area for the group. Last year it bought the insurance arm of Por-tuguese state bank Caixa Geral de Depositos SA for $1.4 billion.

K&E, DLA on Fosun’s $1.8 bln bid toacquire remaining stake in Ironshore

Wilson sonsini,skadden, GibsonDunn, Cleary starin $1.9 bln buyout

of OmniVision

$1.9 BILLION

Wilson Sonsini Goodrich & Rosati, Skad-den, Arps, Slate, Meagher & Flom, Gibson, Dunn & Crutcher and Cleary Gottlieb Steen & Hamilton are among six law firms advising on the $1.9 billion acquisition of OmniVision Technologies Inc by a consortium of Chinese investors.

The consortium, comprising Hua Capital Management Co, CITIC Capital Holdings and GoldStone Investment Co, will pay $29.75 per share for the company.

$2.5 BILLION

Latham & Watkins is advising China Galaxy Securities Co on its HK$23.9 billion ($3.1 bil-lion) share sale through a private placement, while Kirkland & Ellis is representing Gold-man Sachs, China Galaxy International and Nomura, the joint global coordinators on the transaction.

China Galaxy Securities’ share sale is aimed at boosting its margin finance and se-curities lending business, the company said in a statement.

Hong Kong corporate partners Dominic Tsun, David Zhang and Mengyu Lu are lead-ing the Kirkland & Ellis team advising the banks.

Chinese stock brokers have been rais-ing funds to meet growing demand for the margin finance business, fuelled by a strong rally in the Hong Kong and mainland share markets. China’s margin finance business, in which investors borrow money to invest in stocks, has grown more than 100 times in just five years to more than $266 billion, according to Chinese government data, and is becoming a profit centre and focus for the industry.

That has propelled the Chinese stock broking industry onto the global stage, with 12 of the top 20 global securities firms by market value belonging to China.

$3.1 BILLION

Latham & Watkins,K&E on China

Galaxy securities’$3.1 bln share sale

REUTERS/Bobby Yip

OmniVision Technologies Inc, whose cus-tomers include Apple Inc, is a maker of chips for smartphone and tablet cameras. The company has a design centre and a testing facility in China and generates nearly 80 per-cent of its revenue from the country.

The Gibson, Dunn & Crutcher team led by Beijing partners Fang Xue, Joseph Barbeau and U.S.-based partners Sean Feller, Shaalu Mehra, Jeffrey Trinklein and Jose Fernandez acted as the lead counsel for the consortium. Zhong Lun Law Firm provided PRC legal ad-vice.

Wilson Sonsini Goodrich & Rosati is act-ing for OmniVision in the transaction, while Grandall Law Firm is advising that party on PRC law.

A Skadden team led by Beijing based partners Peter Huang and Daniel Dusek, and Washington, D.C. partners Ivan Schlager and William Sweet, is advising GoldStone Invest-ment on the deal. The team is also repre-senting the buyer consortium with regards to Committee on Foreign Investment in the United States (CFIUS) matters.

The deal is expected to close in the third or fourth quarter of fiscal year 2016, and is subject to regulatory approval.


Orrick, skadden onJD.com-led

investment in Tuniu

Orrick, Herrington & Sutcliffe and Skadden, Arps, Slate, Meagher & Flom are advising on Chinese travel website Tuniu Corp’s sale of $500 million in new shares to a group of investors led by JD.com, the second largest ecommerce site in China.

Tuniu sold $350 million of Class A ordi-

nary shares to JD.com at $5.33 each, making the latter the largest shareholder with a 27.5 percent stake in Tuniu.

As part of the deal, JD.com, which has close to 100 million active customer ac-counts, will hand over its travel site to be exclusively operated by Tuniu. JD.com will forgo commission on its Tuniu-operated site, but collect fees on flight, hotel and other bookings made through Tuniu via other JD.com pages.

An Orrick team led by Shanghai-based corporate partner Jie (Jeffrey) Sun and con-sultant Chen Lu is advising JD.com on the deal. Skadden is representing Tuniu.

The other investors include affiliates of Ctrip.com, DCM V, Hony Capital, Sequoia Capital and Temasek Holdings.

The partnership with one of China’s lead-ing travel sites could boost JD.com’s fledg-

ling and potentially lucrative travel busi-ness. Like it recent agreement with Bitauto on automotive-related content and service, JD.com said the partnership would help its goal to create a one-stop shopping platform for its Chinese consumers.

The transaction is expected to close in the second quarter of 2015, subject to customary closing conditions.

$500 MILLION

REUTERS/Shannon Stapleton

$1.5 BILLION

Links, Adnansundra advise

Malaysia onlandmark sukuk

Linklaters and Adnan, Sundra & Low have advised the Government of Malaysia on the country’s first sale of bonds in four years, including the world’s first 30-year sovereign sukuk. Clifford Chance and Zaid Ibrahim & Co. represented the arrangers and manag-ers.

The $500 million 30-year note was part of a two-tranche offering of $1.5bn in Islamic 144A/Reg S bonds, with the other tranche being a $1bn 10-year note.

The Linklaters team was led by Singapore partner Kevin Wong and Hong Kong partner Pam Shores.

The Clifford Chance team advising the joint lead managers, HSBC, CIMB Invest-ment Bank and Standard Chartered Bank was led by Dubai partner Qudeer Latif, who was assisted by partners Crawford Brickley and Matt Fairclough.

$302 MILLION

Mayer Brown,OMM advise on

shanghai Haohai’s$302 mln HK IPO

Mayer Brown JSM and O’Melveny & Myers have advised on biomedical materials maker Shanghai Haohai Biological Technology Co’s $302 million IPO on the Hong Kong Stock Exchange.

Shanghai Haohai will use the proceeds to pay for new production lines, production equipment and acquisitions, the company said.

Hong Kong partner Gigi Woo led the O’Melveny team that advised Shanghai Hao-hai, with support from partner Ke Geng.

Mayer Brown Hong Kong partners James Fong and Jason Elder represented UBS Se-curities as the sole sponsor, and UBS, CMB International Capital and CCB International Capital as the underwriters of the offering.

Grandall Law Firm and Grandway Law Of-fices provided PRC legal advice to Shanghai Haohai and the underwriters, respectively.

$343 MILLION

skadden, Bakersstar in $343 millionMitra Keluarga IPO

Skadden, Arps, Slate, Meagher & Flom and Makes & Partners have advised Mitra Kelu-arga Karyasehat, one of Indonesia’s largest hospital operators, on its $343 million initial public offering. The floatation was one of In-donesia’s largest in recent years

Hadiputranto, Hadinoto & Partners and Baker & McKenzie.Wong & Leow counseled the underwriters and the international sell-ing agents.

According to Reuters, this was Southeast Asia’s second-largest IPO, following that of Thai telecommunications group Jasmine International, which raised 36.7 billion baht ($1.12 billion).

The HHP team was lead by partner Iqbal Darmawan from the Jakarta office, with the Baker & McKenzie.Wong & Leow team led by principal Ashok Lalwani.

Mitra Keluarga competes with Indonesian healthcare providers such as PT Siloam In-ternational Hospitals Tbk.


NEWS

Anderson MoriestablishesJakarta desk withRoosdiono

Japanese law firm Anderson Mori & To-motsune (AMT) has established a Ja-karta desk in the office of Roosdiono & Partners, the ZICOlaw network’s mem-

ber firm in Indonesia.AMT’s Jakarta desk aims to help Japanese

clients in Indonesia in a number of ways, in-cluding M&A, joint ventures, financial trans-actions, licenses and permits, consultations with local regulators, and dispute resolution. It will also provide Japanese-language about doing business in Indonesia, including ad-vice on compliance and labor affairs.

The Jakarta desk will be headed by Taka-hiro Ikeda, who has more than 10 years of experience in corporate commercial and fi-nancial transactions.

Japan is currently one of Indonesia’s larg-est foreign direct investors, with total invest-ments of $2.7 billion in 2014.

Yum Brands Inc’s KFC unit in China has said it has sued three companies it claims are using a popular messaging service to spread false rumors about the

fried-chicken chain, including allegations that its chickens have six wings and eight legs.

The legal maneuver comes as KFC, which suffered two food safety scares within two years, fights to win back customers in China, Yum’s top market for revenue and profit.

Yum said the rumors, which include digi-tally alerted photos of deformed chickens and rumors of maggots in a KFC delivery order, have been spread through 10 WeChat accounts operated by the following compa-nies: Yingchenanzhi Success and Culture Communication, Shanxi Weilukuang Tech-

nology Co and Taiyuan Zero Point Technol-ogy Co.

“The rumors about KFC using chickens with six wings and eight legs have been around a long time,” the chain said in a statement posted on KFC’s China website. It added that it is impossible to create such a chicken.

KFC said it identified 4,000 defamatory messages that were read more than 100,000 times by the end of April. It is demanding each company pay up to 1.5 million yuan (about $242,000), apologize and stop the alleged behavior.

The messages were sent via WeChat, known in China as Wei Xin. It is owned by Hong Kong-traded Tencent Holdings Ltd.

KFC sues 3 companies in China

UK law firm Lewis Silkin has opened in Hong Kong as a Registered For-eign Law Firm, in a move aimed at growing the firm’s employment

and global mobility offering in Asia.Immigration and global mobility partner

Antonia Grant is heading the Hong Kong team, which also comprises senior associate Scott Anderson, a trainee, and other support staff.

Lewis Silkin’s new office – its first outside the UK – will work closely with a network of firms throughout Asia as part of the firm’s

membership of Ius Laboris, a global alliance of employment, labour and pension law firms, the firm said in a statement.

“Given that many of our clients have sig-nificant business interests in the region, es-tablishing a team [in Hong Kong] ensures that we are best positioned to support their ever-changing employment and global mo-bility needs across the region,” said Ian Jef-fery, Lewis Silkin’s managing partner, in the statement.

The firm has 61 partners across four of-fices.

Lewis Silkin launches HK office

Following its merger with Chinese law firm Dacheng, Dentons is clos-ing its Singapore office and will use Dacheng Wong Alliance (DCWA),

Dacheng’s Singapore joint-law venture, to service clients.

According to reports, staff are currently being offered the opportunity to relocate to other Dentons practices.

The Dentons office in Singapore, which fo-cuses on banking and finance and also does India work, has just two partners – Markus Bienntoft and office head Matthew Cox – and six lawyers in total.

DCWA, headed by managing principal Aloysius Wee, has nine principals in total.

DentonsshutteringSingapore officein favour of DCWA

REUTERS/Siu Chiu

SPONSORED ARTICLE 11WWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

Legal research going cross-border with Westlaw Asia

On 31 March 2015, to a room brim-ming with legal professionals, Thomson Reuters launched the much anticipated Westlaw Asia

legal research platform to Hong Kong. Of-fering both a macro and micro overview of the new service, guests were walked through what a typical search would look like and the results it would yield. The new user-friendly platform offers powerful new features that make it easier than ever to quickly access relevant cases, legislation, law review articles and legal analysis. One of the most impressive features it boasts is its ability to conduct multi-jurisdictional legal research within a single search. Other key functions that facilitate a smoother, more efficient search experience include editorial classifications for easy ref-erence, a customisable viewpoint, enhanced filtering options, historic law versioning and point in time search functions and email alerts on legal updates.

“Westlaw Asia is Thomson Reuters’ lat-est legal research service empowering professionals within Asia to carry out legal research across borders. It’s one platform

expanding possibili-ties,” said Rob Head, Online and Commer-cial Director, ASEAN & North Asia Legal, Thom-son Reuters.

With the integration of the ASEAN Economic Community nearing completion and the in-crease in cross-border transactions between Hong Kong and China, lawyers need to be able to efficiently access a variety of legal databases within numerous jurisdictions. In addition, the rapid influx of investment into emerging markets throughout Asia has made a resource like Westlaw Asia even more necessary, since compiling cross-ju-risdictional research is timely and often at great expense to a law firm’s available re-sources. To aid practitioners with these chal-lenges, Jane Lewis, Sales and Marketing Di-rector, ASEAN & North Asia Legal business of Thomson Reuters, said, “Westlaw Asia is going to give people a lot more flexibility in

their legal research as research in Asia in-creasingly goes across borders.”

Currently, users are able to research local and regional law and legal analysis across Hong Kong, Malaysia, India, Philippines, Singapore and the UK in one simple search. In the future, Westlaw Asia will expand its coverage to include Australia, New Zealand, Japan, Vietnam, Brunei, Myanmar, China, Cambodia, Indonesia, Korea, Laos, Macau, Mongolia, Taiwan and Thailand. Moreover, it integrates Westlaw UK and WestlawNext giving users greater access to worldwide content.

In China, an employer bears the burden of proof that the statutory grounds and formalities for termination have been satisfied. To deal with the increasingly important role of electronic evidence, the Judicial Interpretation on the Application of the PRC Civil Procedure Law (issued on 30 January 2015) has, for the first time, defined “electronic data” in a systematic and exhaustive way for civil procedures. As defined, electronic evidence includes emails and electronic data exchanges (online chatting records, blogs, microblogs and short messages), electronic signatures, domain names and audio and visual materials which are stored in electronic media.

Although now recognised as evidence, electronic evidence is subject to challenge in court due to the ease with which electronic data may be tampered and difficulty of verifying authenticity. Nevertheless steps can be taken to enhance the admissibility of electronic evidence.

For example, notarization is commonly used to prove the authenticity of electronic evidence. For electronic evidence stored in a work computer, a notary must be present to notarize: the whole process where (i) the employer takes

possession of the work computer from the employee’s custody; (ii) the forensic firm makes a copy of the hard drive of the computer; and (iii) the work computer is subsequently sealed. The purpose of the arrangement is to prove that: (a) the notarization is undertaken directly on the computer while in the custody of the employee and not after the employer has already taken over the computer and may have revised or performed any other act to the computer, which will compromise the authenticity of the electronic evidence from the court’s perspective; and (b) the forensic firm has not revised, tampered with or performed any other act to the computer.

Presenting electronic evidence directly to the court is also a plausible option and in many cases, has similar persuasive value to notarized evidence which can be costly. For example, email evidence can be presented to the court to display the sender, recipient, sending and receiving time, email content and other details related to the email. Whether emails are saved on the local drive or on the company’s server, they can normally be presented to the court with a portable Wi-Fi card. Similarly, cell phones with content formed and stored in the cell phones may be presented to the court as evidence.

BIRD & BIRD

CHINA: ELECTRONIC EVIDENCE ADMISSIBLE FOR TERMINATION DISPUTES

Ying Wang Partner, China

A: Asia: Beijing, Hong Kong, shanghai, singapore & sydney

W: twobirds.com

Susan de Silva Partner, singapore


REGIONAL UPDATESINGAPORE

On 24 April 2015, the Monetary Authority of Singapore (“MAS”) issued revised notice to financial institutions on anti-money laundering and countering the financ-

ing of terrorism (“AML/CFT”). This article will focus on the key changes in the revised MAS Notice 626 on the Prevention of Money Laundering and Countering the Financing of Terrorism - Banks (“Notice 626”), which is applicable to all banks in Singapore, as defined under Section 2 of the Banking Act (Chapter 19) of Singapore (“Banks”).

1. Comprehensive Assessment of RisksNotice 626 imposes new obligations on Banks to identify and assess the overall money laundering and terrorism financing (“ML/TF”) risks they each face as an institution,

and to take commensurate steps to effectively mitigate such risks. Banks are also required to undertake risk assessments of new products, practices and technologies prior to their launch, to ascertain whether such launch will lead to ML/TF risks, and to take appropriate measures to manage and mitigate such risks.

2. Cross-border Wire Transfers Exceeding S$1,500 Banks are now required to perform customer due diligence (“CDD”) when

effecting or receiving funds by domestic wire transfer or by cross-border wire transfer that exceeds S$1,500 for any customer who has not otherwise established business relations with them.

3. Identification and Verification of the Identity of Beneficial Owners Notice 626 elaborates on the cascading measures Banks need to under-

take when identifying and verifying the identity of beneficial owners of non-individual customers, such as companies and trusts. When dealing with customers which are companies, Banks are to identify and verify the identity of the natural person who ultimately owns the company. When dealing with customers which are trusts, Banks are to identify and verify the identity of the trustee(s), settlor, protector (where applicable), benefi-ciaries, and any natural person exercising ultimate ownership or control over the trust.

4. Customer Screening Banks are required to screen their customers, natural persons appointed

to act on behalf of their customers, connected parties of their customers and beneficial owners of their customers against relevant ML/TF informa-tion sources, as well as lists and information provided by the MAS and any relevant Singapore authorities for the purpose of determining if there are any ML/TF risks.

5. Politically Exposed Persons (“PEPs”) The MAS has introduced a new category of PEPs, a category of customers

considered to be of high risk. In addition to performing CDD measures, Banks are required to perform enhanced CDD on PEPs, their family mem-bers and close associates. In addition, Banks are to adopt a risk-based approach, in determining whether to perform enhanced CDD or the extent of enhanced CDD to be performed, for specified categories of PEPs, their family members and close associates.

Banks in Singapore should ensure that they are kept up to date with the AML/CFT regime in Singapore as this will affect their internal processes and compliance costs.

THE MAS ISSUES REVISED NOTICE 626 ON THE PREVENTION OF MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM - BANKS

MS. DIANTHA HO MR. MARKUS POH LEONG KEE Legal Associate (Corporate Practice) Legal Associate (Corporate Practice) T: (65) 6322 2235 T: (65) 6322 2217 F: (65) 6534 0833 F: (65) 6534 0833 E: [email protected] E: [email protected]

Loo & Partners LLP143 Cecil Street, Level Ten, GB BuildingSingapore 069542www.loopartners.com.sg

Vietnam’s Rajah & Tann LCT Lawyers has merged with the Ho Chi Minh City-based VN Counsel.

The addition of the 10 lawyers from VN Counsel (in-cluding three partners) means that Rajah & Tann LCT

Lawyers now has almost 40 legal professionals across Hanoi and Ho Chi Minh City. This makes it one of the largest local law firms in the country.

Led by partner Thang Nguyen, VN Counsel specialised in the following practice areas: Corporate, property and construction, restructuring, M&A, banking and finance, tax, debt collection and litigation.

“We are proud to have Thang Nguyen and her team of senior lawyers on board. The merger will not only bolster Rajah &Tann LCT Lawyers’ on-the-ground capacity in Vietnam, but reinforce Rajah & Tann Asia’s regional strength,” said Chau Huy Quang, managing partner of Rajah & Tann LCT Lawyers, in an email. “People are talking about Vietnam now, and the country is heating up as a destination of choice for many investors across Asia. Furthermore, a suite of new laws are set to come into ef-fect later this year. We feel that this merger will be important to boost our commitment of ensuring our clients’ needs are met with local expertise and quality service. Our new team stands ready to help them navigate through Vietnam’s complex legal framework.”

Rajah & Tann LCT Lawyers is a member of the Rajah & Tann Asia network.

U.S. intellectual property firm Finnegan, Henderson, Farabow, Garrett & Dunner is set to launch an office in Seoul after getting the go-ahead from the South Korean government in April.

The new office, which is scheduled to open this summer, will be headed by U.S. patent litigation specialist Charles Suh.

The office will focus on advising Korean-based companies on their U.S.-related patent litigation cases and other IP matters.

“Finnegan’s physical presence in Seoul permits us to become an even more integral part of the Korean IP community and to offer the full breadth and depth of the firm’s expertise and experi-ence on a real-time basis,” said Suh in a statement.

“The resulting convenience and increased efficiency of our Ko-rea-specific client services will be particularly valuable to Korean companies involved in litigations in U.S. courts and proceedings at the U.S. Patent and Trademark Office.”

In addition to Seoul, Finnegan also has offices in Shanghai, Tokyo and Taipei.

Finnegan to open in Seoul

Vietnamese law firmRajah & Tann LCT indomestic merger

NEWS


REGIONAL UPDATEPHILIPPINES

In recent years, the Philippines has emerged as one of the major players in the business process outsourcing (“BPO”) industry, which is defined

by the government as the “delegation of service-type business processes to a third party service provider.”1 According to an Asian Development Bank (“ADB”) study, the BPO industry in the Philippines has become a major generator of new job opportunities as direct, full-time employment grew from 100,000 in 2004 to 780,000 in 2012 and may well reach 1.3 million in 2016.2

Recognizing the importance of the BPO industry in the country in terms of employment generation, the Philippine government has issued regulations governing the relationship between BPO companies and their employees. Notably, the Department of Labor and Employment (“DOLE”) issued Department Circular No. 001-12, which clarified that Department Order No. 18-A, which sets out the parameters and requirements for legitimate contracting or subcontracting in general, does not contemplate information technology-enabled services involving entire busi-ness processes (e.g. BPOs). DOLE also issued Advisory No. 004-10, which pertains to flexible work arrangements and to the exemption from the nightwork prohibition for women employees in the BPO industry.

The emergence of the BPO industry has spawned a number of labour-related issues, including high turnover rates and in-creasing hiring and retention costs, as well as added health and security risks for BPO workers.3 Further, a BPO company serving several clients may require its employees to be subject to various benefit structures, codes of conduct, and rules on regularization. If a BPO company has foreign clients, problems may also arise as a result of the differences in the timing of holidays. It may therefore be necessary for additional laws and regulations to be promulgated in order to address these concerns.

1 Lozano A. Tan, Amer Hussein N. Mambuay & Russel L. Rodriguez, “Philippines” in Charles Wynn-Evans & Georgina Rowley, Global Legal Insights – Employment & Labour Law, Second Edition (United Kingdom: Global Legal Group Ltd., 2013) 142.

2 See ASIAN DEVELOPMENT BANK, “The Information Technology and Business Process Outsourcing Industry: Diversity and Challenges in Asia.” ADB Economics Working Paper Series. (2013), at p.17.

3 See Lozano A. Tan, Amer Hussein N. Mambuay & Russel L. Rodriguez, “Philippines” in Charles Wynn-Evans & Georgina Rowley, Global Legal Insights – Employment & Labour Law, Second Edition (United Kingdom: Global Legal Group Ltd., 2013) 142.

PHILIPPINE BPOS: EMPLOYMENT PROSPECTS & ISSUES

AMER HUSSEIN N. MAMBUAY RUSSEL L. RODRIGUEZ Partner Partner E: [email protected] E: [email protected]

SyCip Salazar Hernandez & GatmaitanSyCipLaw Center, 105 Paseo de Roxas, Makati City, PhilippinesTel: (632) 982 3500, 982 3600, 982 3700Fax: (632) 817 3145, 817 3896www.syciplaw.com

A group of luxury goods makers sued Alibaba Group Hold-ing Ltd last month, contending the Chinese online shop-ping giant had knowingly made it possible for counterfeit-ers to sell their products throughout the world.

The lawsuit was filed in Manhattan federal court by Gucci, Yves Saint Laurent and other brands owned by Paris-based Ker-ing SA seeking damages and an injunction for alleged violations of trademark and racketeering laws.

The lawsuit alleged that Alibaba had conspired to manufac-ture, offer for sale and traffic in counterfeit products bearing their trademarks without their permission.

A spokesman for Alibaba, Bob Christie, said in a statement:“We continue to work in partnership with numerous brands

to help them protect their intellectual property, and we have a strong track record of doing so. Unfortunately, Kering Group has chosen the path of wasteful litigation instead of the path of con-structive cooperation. We believe this complaint has no basis and we will fight it vigorously.”

Concerns over fake products on Alibaba’s platforms, includ-ing online market-place Taobao, have dogged it for years, although the U.S. Trade Representa-tive removed Taobao from its list of “noto-rious markets.”

Friday’s lawsuit marked the second time in less than a year that the Kering brands had sued Alibaba over the alleged sale of counterfeits.

An earlier lawsuit was filed in July 2014 only to be withdrawn the same month with the ability to refile it while the Kering units worked toward a resolution with Alibaba, according to court re-cords.

The lawsuit alleged that Alibaba and its related entities “pro-vide the marketplace advertising and other essential services necessary for counterfeiters to sell their counterfeit products to customers in the United States.”

The lawsuit cited, for example, an alleged fake Gucci bag of-fered for $2 to $5 each by a Chinese merchant. The authentic Gu-cci bag retails for $795, the complaint said.

Alibaba has allowed for counterfeit sales to continue even when it had been expressly informed that merchants were selling fake products, the lawsuit said.

The lawsuit seeks a court order that, among other things, would block Alibaba from offering or facilitating the sale of coun-terfeit products and unspecified damages that could include $2 per counterfeit item under a statutory regime.

Alibaba sued in U.S. byluxury brands overcounterfeit goods

REUTERS/Steven Shi


NEWS

Foreign investor group mulls SupremeCourt challenge to India’s MAT

A Hong Kong-based lobby group representing global banks and in-vestors is considering challenging a controversial tax in the Supreme

Court, escalating a row that has eroded in-vestor confidence in Prime Minister Narendra Modi’s government.

The Asia Securities Industry and Financial Markets Association (ASIFMA) is in discus-sions with financial firms, lawyers and tax consultants about applying to join an ex-isting legal action on a tax dispute, several sources aware of the talks told Reuters.

“An application for an intervention would have to be made by mid-June,” said one of the sources.

A spokeswoman for ASIFMA declined to comment.

The existing Supreme Court case, filed by Mauritius-based Castleton Investment Ltd, is seen as a test case on the legitimacy of ex-tending the so-called minimum alternate tax (MAT), which was intended to ensure compa-nies inside India paid a minimum tax rate, to foreign investors’ gains.

The government has conceded that MAT will not apply to such gains from April 2015, but the tax authority is pursuing claims for past years.

Castleton’s hearing was brought forward to August to achieve a quicker resolution of the issue.

The court can deny ASIFMA’s application

if it rules it does not share enough in com-mon with the Castleton case, which deals with broader tax-related issues.

If accepted, it would be the first time an overseas lobby group has challenged India’s government in its top court.

Foreign investors have been working to-gether to fortify their opposition.

“There has been a lot of lobbying and ex-planatory work. We have been closely liais-ing with European and foreign associations in Hong Kong,” said Marc-André Bechet, Di-rector Legal & Tax at the Association of the Luxembourg Fund Industry.

ASIFMA could also pursue its own sepa-rate case, but some members say a direct challenge would be more controversial, the sources said.

Foreign firms could also file cases indi-vidually, but that could take years. Telecoms company Vodafone, the biggest foreign cor-porate investor in India, has been caught in a string of tax disputes since it entered the country eight years ago.

Tax authorities began issuing MAT notic-es to foreign portfolio investors late last year and have so far sent claims for just 6 billion rupees ($94 million), but investors fear the final bill could run to billions of dollars.

Indian bonds and shares have seen a heavy sell-off since foreign funds started publicising the fight against MAT in mid-April.

Indonesia is considering cutting its cor-porate tax rate to as low as 17.5 percent from 25 percent to attract more invest-ment from companies that are operating

in the region, a tax ministry official.Indonesia, which posted the weakest eco-

nomic growth since 2009 in the first quarter, has one of the lowest tax collection rates in Southeast Asia.

The corporate tax cut being considered will bring it closer to its neighbour, Singa-pore, which offers 17 percent.

“If the tax rate difference is reduced, there may be more incentives for multi-national companies that are operating in regional countries to shift their investment to Indone-sia directly,” said a tax ministry official who declined to be named as he was not autho-rised to speak to the media.

The proposed tax cut, which will apply to all companies, may hurt tax collection in the short term, but “in the not so long term, we hope we can enjoy the result as we need in-vestment to drive economic growth,” the of-ficial said.

The tax office is trying to recoup an esti-mated 200 trillion rupiah (10 billion pounds) in lost state income due to transfer pricing, mainly in the commodities sector.

Under the transfer pricing method, an Indonesian company sells its goods to a subsidiary in another country below market prices, and the subsidiary in turn sells them to the market. This effectively reduces profits in Indonesia and increases them in that for-eign country.

During his presidential campaign last year, President Joko Widodo had pledged to increase tax collection to 16 percent of gross domestic product from about 12 percent partly by cracking down on tax avoidance.

“I think the earlier efforts to raise tax in-come for the government through stricter collection mechanisms were actually having a negative effect,” John Kurtz, head of Asia Pacific for A.T. Kearney, told Reuters.

Indonesiaconsiders cuttingcorporate tax rateto attractinvestment

REUTERS/Anindito Mukherjee


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Brunei’s financial regulator plans to launch a securities exchange as early as 2017, a must-have if the Sultan-ate is to diversify its economy away

from oil and catch up to more mature capital markets in Southeast Asia.

Brunei is among the world’s richest coun-tries on a per-capita basis, although it sits alongside the likes of North Korea and Cuba in not having a stock exchange, risking lag-ging behind regional economic integration plans.

An exchange has been discussed for years, but efforts are gathering pace with new capital market rules introduced in Feb-ruary and other initiatives now underway by the Autoriti Monetari Brunei Darussalam (AMBD).

The regulator has set up a team to over-see the project with groundwork set to begin

this year and targeting a launch in two-years time, the AMBD said in a statement to Re-uters.

“At a regional level, it will allow us to take part in the ASEAN exchanges and move to-wards ASEAN integration.”

This would boost the domestic financial sector, provide an alternative funding source for small businesses and improve the coun-try’s corporate governance, the AMBD said.

Initial focus would be on listing equities, adding bonds and sukuk (Islamic bonds) at a later stage.

Brunei, a tiny former British protectorate of about 400,000 nestled between two Ma-laysian states on Borneo island, relies on oil and gas exports for two thirds of its economy.

But GDP is expected to shrink by 1.5 per-cent in 2015, the third year of consecutive contraction, according to the Asian Devel-

opment Bank, mainly due to daily oil output falling by almost half since 2006 and a drop in global crude prices. With oil reserves set to run out in about 20 years, the government wants to develop sectors such as tourism, halal products and manufacturing.

The AMBD is implementing a payment and settlement system, including an auto-mated clearinghouse by mid-2015, although a deep and liquid market could be several years away.

“Initial success would be slow, for a full-blown capital market it will be a longer jour-ney,” said Javed Ahmad, managing director at Bank Islam Brunei Darussalam (BIBD).

About a dozen firms could be candidates to list, including utility Telekom Brunei, downstream oil and gas service firms and financial institutions including BIBD itself.

In bid to diversify, Brunei aims for stock exchange by 2017


NEWS

Legal ‘jihad’ against private sectorgathers pace in Indonesia

The head of an Indonesian Muslim organisation has filed cases to over-turn three laws, escalating what he calls ‘a constitutional jihad’ that has

already dealt a blow to investors in the oil, gas and water sectors and now threatens to hit more.

Muhammadiyah, a social movement with some 30 million members, has identified 115 laws it believes violate a constitutional tenet that natural resources must be controlled by the state for the benefit of the Indonesian people.

“We will not stop as long as there are any laws that are contradictory to the constitu-tion. This is our constitutional jihad, it’s our social struggle,” the group’s chairman, Din Syamsuddin, told Reuters in an interview.

He said Muhammadiyah had filed re-quests for judicial reviews saying that the 1999 foreign exchange law, the 2007 law on investment and the 2009 law on the electric-ity sector are invalid.

If the court accepted these claims, the legal basis for convertibility of the rupiah currency would be thrown out, safeguards that foreign investors rely on to be treated on a level playing field would be lost, and the right of private operators to run power plants would be removed.

The group’s ‘jihad’ may seem outlandish and doomed to fail in a country where few

question the free market economy, yet their citizen activism has already overturned two laws.

In 2012, Muhammadiyah succeeded in crimping the government’s ability to con-tract with private companies in the oil and gas sector.

Two months ago it felled a law governing the use of water, which plunged businesses in sectors as varied as textiles to beverage bottling into uncertainty after the rule allow-ing water permits to be given to the private sector was axed.

The new challenge is likely to be a worry for President Joko Widodo, whose election victory six months ago lifted investor hopes of reforms that would untangle the country’s red tape, tackle corruption and beat back vested interests.

Amid doubts that he was going to be able to fulfil those hopes, Widodo told a World Economic Forum meeting in Jakarta this week that foreign investors were welcome and, should they run into any problems, to give him a call.

‘UNCERTAINTY AND CONFUSION’Arif Budimanta, special staff to the finance minister, told Reuters that the government, which needs heavy foreign capital to realise infrastructure ambitions, would prepare a le-gal team to fight the latest challenges from Muhammadiyah.

But foreign investors are alarmed.“I would not be betting against a favour-

able ruling by the court,” said Arian Ardie, an American-Indonesian risk consultant with interests in shrimp and power generation businesses.

“These are fundamental changes in base laws that regulate commerce in Indonesia,” he added. “It gives me definite pause in terms of making future investments here.”

Jakob Sorensen, head of the European Chamber of Commerce in Jakarta, said the government needed to step in and reassure foreign investors. “We’re really lacking clar-ity. We need a clear policy direction,” he said.

Lawyers say Constitutional Court rulings could empower other courts to decide in fa-vour of citizens seeking to overturn private contracts.

A Jakarta district court made a rare ruling last month that resulted in the annulment of contracts with private companies, including a unit of France’s Suez Environnement, to supply water in the Indonesian capital.

White & Case in new Indo alliance as old tie-up losestwo key partners

White & Case has named Witara Cakra Advocates (WCA) as its associate firm in Jakarta after two key partners of its former

Indonesia alliance firm, MD & Partners, left to join Hadiputranto, Hadinoto & Partners and Norton Rose Fulbright, respectively.

Rejoining Hadiputranto, Hadinoto & Part-ners, Baker & McKenzie’s member firm in In-donesia, is Mita Djajadiredja, who becomes a partner in that firm’s corporate and secu-rities practice. She has more than 20 years

of experience advising on corporate mergers and acquisitions, private equity, as well as corporate alliances, including joint ventures, shareholder agreements and strategic busi-ness alliances.

Meanwhile, banking and finance expert Nadia Soraya has joined Norton Rose Ful-bright as a partner in Australia, but she will be based in Jakarta with its associate office, Susandarini & Partners. Soraya handles fi-nance and corporate transactions includ-ing project finance, general banking and

finance, and mergers and acquisitions. She has a particular focus on the power and nat-ural resources sectors.

In a statement, White & Case reaffirmed its commitment to Indonesia in the face of these changes. “White & Case has been ac-tive in Indonesia for more than 40 years, and we continue to work with leading Indonesian law firms to provide the best advice to our cli-ents,” the statement read.

White & Case entered into its association with MD & Partners in 2013.

REUTERS/Supri Supri


Former Korean Air Lines executive Heather Cho walked free after nearly five months in prison last month after an appeals court suspended the sen-

tence she was given for her outburst over the way she had been served macadamia nuts.

Cho, the daughter of the airline’s chair-man, was sentenced in February to one year in prison over the Dec. 5 incident at New York’s John F. Kennedy airport, where she forced a plane to return to its gate in order to expel the flight’s crew chief.

The “nut rage” case provoked mirth as well as outrage in South Korea, where many people are fed up with what they see as heavy-handed conduct by the rich.

Her lawyer said after the ruling that Cho felt remorse for the suffering she caused among the crew members who were sub-jected to her outburst.

Cho, 40, did not answer questions from reporters as she left the court surrounded by Korean Air employees and after she changed into personal clothes from her prison uni-form. She was driven away in a black car.

The court upheld Cho’s conviction, finding her guilty of breaking South Korea’s aviation law, but reduced her sentence to 10 months, which it suspended. It noted her previous lack of a criminal record and that she is the mother of young twins.

“The defendant would have had a chance to reflect sincerely on the mental anguish she caused in the victims during the five months she spent in the darkest place in so-ciety while in detention and away from fam-ily,” Judge Kim Sang-hwan said.

Cho’s lawyer did not say if Cho would ap-peal her conviction.

A lower court ruled in February that the airline’s former vice president and head of in-flight service had violated the law by order-ing the plane to return to its gate.

Cho faces a civil suit filed in New York by a flight attendant involved in the incident for damage caused to her career, reputation and emotional health, seeking unspecified dam-ages.

Court freesex-Korean Airexecutive in‘nut rage’ case

Rio Tinto, Mongolia end stand-off tobuild huge copper mine

Mongolia and Rio Tinto have reached an agreement paving the way for work to resume on a stalled $5 billion underground

copper mine that is expected to drive growth for both the country and the global miner.

The Oyu Tolgoi project, which started producing from an open pit mine two years ago, is the biggest single foreign investment in Mongolia, and resolution of the disputes over the second phase has revived hopes for a string of other stalled mining projects.

Rio Tinto’s Turquoise Hill Resources arm owns 66 percent of Oyu Tolgoi, while the Mongolian government owns the remain-der. Rio is operator of the project, located in the Gobi desert near Mongolia’s border with China.

“There is no doubt that moving forward with the Oyu Tolgoi project will improve the investment climate in Mongolia,” Prime Min-ister Chimediin Saikhanbileg said in a state-ment.

The project is expected to boost Mongo-lia’s economy by a third when it reaches full capacity.

Disputes between Rio Tinto and Mongolia over taxes and the costs of building the first stage stopped work on the second phase in 2013.

Along with changes in Mongolia’s miner-als law and the cancellation of 106 mining licenses, the row has deterred foreign invest-

ment and worsened the hit to the country’s economy from sliding commodity prices, leading the new prime minister to push hard to resolve all the issues.

The underground expansion, with 25 bil-lion pounds of copper and 12 million ounces of gold reserves, will make Oyu Tolgoi one of the world’s top 10 copper mines and propel growth for global miner Rio Tinto outside iron ore.

“Analysts said the underground mine, which Rio says will unlock 80 percent of the copper wealth at the project, could start pro-ducing by the end of this decade.

PUSH FOR QUICK STARTUnder the pact, Rio Tinto agreed to cut its management fees in half to 3 percent of capital costs, gave up a smelter royalty, and agreed to base its 5 percent sales royalty to the government on gross revenue.

Turquoise Hill said those factors were worth less than 2 percent of the $7.4 billon valuation on the underground project.

Before development can begin, Oyu Tol-goi will need to finalise $4 billion in project financing, submit a final feasibility study and secure permits.

The project financing could be completed as early as the fourth quarter

Analysts estimate the mine will begin commercial production in 2019 or 2020 at the earliest.

REUTERS/Luke Distelhorst


OLA NICOLAI BORGE Grant Thornton Baker & McKenzie Tax Yangon

DANIEL CHAN Yusarn Audrey RHTLaw Taylor Wessing IP, TMT Singapore

KEN CHEUNG Berwin Leighton Paisner Bird & Bird Corporate Singapore

SIMON COWLEDSkadden, Arps, Slate,

Meagher & FlomKing & Spalding Energy Singapore

VICTOR CHENFried, Frank, Harris,Shriver & Jacobson

Paul Hastings Corporate Hong Kong

MUNA DANDAN Barclays EvershedsFinancial Services Disputes

& InvestigationsHong Kong

MITA DJAJADIREDJA MD & PartnersHadiputranto, Hadinoto

& PartnersCorporate, Securities Jakarta

DOUGLAS FREEMANFried, Frank, Harris,Shriver & Jacobson

Paul Hastings Corporate Hong Kong

THOMAS KOLLAR Clifford Chance Mayer Brown JSM Corporate, Securities Hong Kong

WILLIAM LEUNG EvershedsHowse Williams

BowersShipping, Insurance Hong Kong

CECIL KWONG Dentons Kwok Yik & ChanCorporate Finance,

Capital MarketsHong Kong

LATERAL HIRESNAME LEAVING GOING TO PRACTICE LOCATION

APPOINTMENTS

STEVEN LIM Clasis (Clyde & Co) Nabarro Office Head Singapore

NICHOLAS BROWN Pinsent Masons MPillay Hong Kong SingaporeConstruction,

Dispute Resolution

RELOCATIONSNAME FIRM FROM TO PRACTICE

CONNIE HENG Clifford ChanceHead of Capital Markets –

Asia PacificCapitalMarkets

Hong Kong

PROMOTIONSNAME FIRM PROMOTION PRACTICE LOCATION

NADIA SORAYA MD & PartnersSusandarini & Partners(Norton Rose Fulbright)

Banking and Finance Jakarta

PHILIP NUNNFried, Frank, Harris,Shriver & Jacobson

Norton Rose Fulbright Dispute Resolution Hong Kong

ALFRED WUFried, Frank, Harris,Shriver & Jacobson

Norton Rose Fulbright Dispute Resolution Hong Kong

T H E W H O, W H E R E , W H E N & H O W O F A S I ATo list your deals, firm profile, listing, please contact

Amantha ChiaPublisher and Head of Sales

T: +65 6870 3917 / M: +65 9642 9895 / E: [email protected] Science Park Drive, Singapore 118229

Shyanne ChenAdvertising Sales Manager (Indonesia, Malaysia)


Amy SimSales Manager (Japan, Singapore, Taiwan)


Henry ChengAccount Manager (Hong Kong, Korea)

T: +852 2847 2016 / M: +852 9720 2770 / E: [email protected]/F, Cityplaza 3, Taikoo Shing, Hong Kong

Yvonne CheungAccount Director (China)

T: +852 2847 2003 / M: +852 9365 7710 / E: [email protected]/F, Cityplaza 3, Taikoo Shing, Hong Kong

Sardor YangibayevSales Executive (Philippines, Singapore, Thailand, Vietnam)


DEAL FIRMS OF ASIA 2015P R O F I L E S O F K E Y T R A N S AC T I O N A L L AW F I R M S I N T H E R E G I O N

OFFSHORE CENTRES 2015E X P E R T S K E E P YO U U P TO D AT E O N O F F S H O R E F I N A N C I A L C E N T R E S

ISLAMIC FINANCE 2015A N I N T R O D U C T I O N TO A T R E N D S W E E P I N G T H E W O R L D

GC SPOTLIGHT20 ASIAN LEGAL BUSINESSJUNE 2015

THE PHILIPPInEs Is nOW AsIA’s sECOnD-FAsTEsT GROWInGECOnOMY, BRInGInG WITH IT BOTH DEALs AnD OPPORTUnITIEs.RANAJIT DAM EXAMInEs HOW In-HOUsE COUnsEL ARE COPInGWITH – AnD CAPITALIsInG On – THEsE BOOM TIMEs

RISINGASEAN TIGERDespite a scandal last year sur-

rounding a stimulus fund that pulled back public investment and dented expansion somewhat,

the Philippines has been enjoying a spell of enviable economic growth. With annual GDP growth rate of 6.1 percent in 2014 – the second highest in the Asia-Pacific region after China – the country has enjoyed its best three years of expansion since the mid-1950s. Manufacturing output is up, and stocks have rise to a record.

Late last month, the International Monetary Fund (IMF) provided its own growth of confidence. “The outlook for the Philippine economy remains favourable despite uneven and generally weaker global growth prospects,” it said in a statement, projecting 6.7 percent growth projection for Manila in 2015. Separately, economists polled by Reuters forecast 6.5 percent expansion for 2015, which would make it even faster than last year.

At the vanguard of this rapid growth are the Philippines’ largest conglomerates, like the SM Group of Companies, which has in-terests in shopping mall development and management, retail, real estate develop-ment, banking, and tourism and boasted a total market capitalization of 649 billion Philippine pesos ($15 billion) for 2014. “The

Philippines is the second fastest growing economy in Asia and the SM Group of compa-nies under its mother flagship, SM Investment Corporation (SMIC) is at the forefront of the strong growth,” says Marianne Malate-Guerrero, senior vice-president and head of the legal department at SMIC.

According to Malate-Guerrero, the eco-nomic boom has translated into various deals

and opportunities for SMIC. “These develop-ments come with the concomitant legal needs that have to be managed and addressed,” she says. “As such, the legal team of SM is expected to be able to anticipate these needs and address more complex relationships and deal structures.”

LEGAL NEEDSWith the increase in the number of deals being done by companies, companies are placing an increasing amount of importance on their legal staff for various aspects of transactional, as well as regulatory and compliance work. As a result, having the right legal structure is also key. In SM, says Malate-Guerrero, the legal team is housed with the mother company SMIC. “It provides shared services among its subsidiaries ex-cept for the banking subsidiaries since they are required under existing regulations to have their own legal risk officers,” she says.

“WE AnTICIPATE A GROWInG nEED FOR THE BIGGER sUBsIDIARIEs TO DEVELOP A MORE ROBUsT LEGAL TEAM As THEIR OWn OPERATIOns EXPAnD.”Marianne Malate-Guerrero,SM Investment Corporation

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“The larger subsidiaries of SMIC such as SM Prime Holdings, Inc. have a legal team that are embedded into the operations of the subsidiary. However, certain services, such as labor advisory, intellectual property admin-istration, corporate housekeeping, defensive litigation and special projects are managed at the SMIC level.”

And with the increase in need for legal support, companies are also looking to bulk up their legal teams. “We anticipate a grow-ing need for the bigger subsidiaries to de-velop a more robust legal team as their own operations expand,” says Malate-Guerrero. “It is my responsibility as Legal Head of SMIC to ensure that the needed structure to meet rising volume of work at the subsidiary level will still enable SMIC to exercise effec-tive oversight over the legal affairs of these subsidiaries.”

Growing similarly in importance is be-ing able to rely on trusted external counsel. For SM, the relationship with its external law firms is “very personal,” says Malate-Guerrero. “Trust and confidence apart from expertise is a necessary ingredient to start-ing and strengthening that relationship. It is expected that the external counsel will put forward commercially viable and practical solutions to legal issues and harness its net-work and skill sets to provide the best level of service.”

AEC PLANSBy the end of this year, the Association of Southeast Asian Nations (ASEAN) will offi-cially form a single regional economic block known as the ASEAN Economic Community (AEC). The 10 member states of the ASEAN aim for the AEC to unite the region with free movement of goods, services, investment, skilled labor and freer flow of capital.

While the benefits to the Philippines are fairly apparent – tariff reductions in key ar-eas, foreign participation in key sectors, the exchange of know-how and skills in services, better distribution channels, improved trans-port and communications and more invest-ments in real estate – companies also need to be prepared for it, including having a better understanding of the laws and regulations that will underpin it.

“The ASEAN integration, although read-ily seen down the horizon for the Philippine legal community, still provides a hazy picture of how the foreign practice of law can be exercised in the Philippines,” says Malate-Guerrero. “Be that as it may, the legal team of SM is simply expected to evolve in order to harness the benefits of the integration.”

REUTERS/Romeo Ranoco

Phil ippine Deal Highlights in 2014

S E LEC TE D AT TR AC TIV E S EC TO R S

SECTOR SIZE GROWTH

Banking 10.4 trillion pesos 10-15 percent in 2014

Construction 715.6 billion pesos 46 percent in 2014

BPO 557.4 billion pesos 17 percent (through 2016)

*Source: Investment & Capital Corporation of the Philippines

- Disclosed Philippine M&A deals totalled 346.3 billion pesos ($7.8 billion) in 2014, with approximately 126 transactions.

- Over the last three years, energy, TMT, consumer and financial institution sectors have consistently been leading industries for M&A activity.

- The market is dominated by a few large deals per year; however, average deal size is relatively small (2.7 billion or $62.2 million for 2014).

SHIPPING22 ASIAN LEGAL BUSINESSJUNE 2015

As MALAYsIA’s DRY sHIPPERs sTRUGGLE TO sTAY AFLOAT, THE COUnTRY’ssHIPPInG LAWYERs ARE BEInG KEPT BUsY, FInDs RAGHAVENDRA VERMA

Malaysia’s dry cargo shipping in-dustry is battling to stay afloat as lower crude oil prices and falling freight rates have led

to mounting debt and arrests of vessels. Companies are being forced to suspend op-erations, switch businesses and renegotiate loans, in the process generating more work for the law firms.

Malaysia’s largest shipping company — MISC — has exited its chemical tanker busi-ness due to heavy losses in that segment, while Johan Shipping and Asia Bulkers have defaulted on loans, says Nazery Khalid, mari-time economist at Boustead Heavy Industries Corporation in Malaysia.

Kuala Lumpur-based MISC is owned by the country’s national oil company PETRONAS, and in 2011 it quit its container vessel business after a loss of $789 million over a three-year period.

“Amid this bleak scenario, many shipping companies are cash-strapped, and some have even closed shop,” says Khalid, “all these

signs point towards how badly the big and small shipping companies are affected by the global economic downturn in the ship-ping markets.”

At the peak of the shipping business in 2008, says Khalid, the chartered rate for very large crude carriers reached $100,000 per day but now they are nowhere close to that.

There has been no reduction in the op-erational costs of the shipping companies. In fact, they may have even risen as, according to Philip Teoh, partner at Azmi & Associates, the reduction in oil and gas prices has left less money with the oil companies to spend on the purchase and chartering of vessels.

The situation has been further compound-ed by the 14 per cent fall in Malaysian ringgit against the U.S. dollar since 2014, says Teoh.

There has been one lifeline for the Malaysian oil and gas shippers as the oil supplies from the Persian Gulf to Asia contin-ues unhindered and China is even stockpiling the low-priced crude oil. However, according to Khalid, when the value of the cargo is

less, then the cost of transporting also gets reduced proportionately.

The falling revenue is clearly hurting the dry cargo shippers but currently the constraints of getting capital funding is the basic problem for the industry, says Jeremy M Joseph, founder of Joseph & Partners, a spe-cialist maritime law firm in Malaysia. “Local maritime banks and financial institutions must understand that the capital intensive shipping market needs huge investment and the payback period is long,” he says.

According to Teoh, on loan default, the creditors proceed to arrest ships, which in-cludes the banks repossessing the vessels.

However, it is not easy for the banks to call for their shipping clients to be declared bank-rupt. “Banks would not want to be saddled with the ownership of the ships as they are not in the business of operating them,” says Khalid.

Furthermore, in absence of demand for shipping services there is a domino effect on shipyards and a whole range of support

SHIPPING22 ASIAN LEGAL BUSINESSJUNE 2015

TROUBLED WATERS

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The Panama-registered cargo ship “YM Los Angeles” approaches the terminal at Port Klang, near Kuala Lumpur. REUTERS/Olivia Harris

services including logistics, supply chain, financing and consultancy, says Khalid.

Even while the shipping industry is unable to absorb the increased capacity, new ships continue to enter the market, causing a fur-ther fall in the freight rates, says Khalid. “Only those companies that have deep pockets like the Danish container giant Maersk continue to invest in new ships with greater economies of scale and higher energy efficiencies,” he says.

There has also been new marine-related projects and expansion of existing ports in Malaysia, says Khalid. This has also kept up the demand for tugboats and anchor han-dlers, he says.

The country’s shipping infrastructure has also grown as the Malaysian ports are bol-stered by the relocation of the regional base of the major lines such as Maersk and Wan Hai, says Teoh. “They have grown in tandem with the two major ports in Port Klang i.e. North Port and West Port,” he says. “Tanjung Pelepas port is also equipped with the latest infrastructure.”

The ship makers had their own share of trouble in form of the 6 percent GST being implemented by Malaysian government in March this year. “Malaysian shipyards and ship builders immediately became six percent more expensive than Vietnam, China and Korea,” says Teoh.

According to Joseph, there are about 120 registered shipyards in Malaysia, mostly located in Lumut, Miri, Kuching, Port Klang, Kemaman, and Pasir Gudang, and accounts for just 1 percent of the world’s total dead-weight tonnage. “Despite some positive de-velopments in the Asian region, the Malaysian shipping industry outlook is poised to remain

challenging as overcapacity is still a looming issue for all major segments of the sector,” he says.

According to Joseph, if this situation per-sists for a longer period of time, it will even affect the number of new ships being built and will force the local shipyards to operate at lower margin.

The investments expected in the shipping sector in 2015 was anyway expected to be discouraging, says Joseph. “Shipbuilding and ship repair had been removed from the Malaysian Promotion of Investment Act in 2011, he says. “These had earlier enabled investors to enjoy pioneer status privileges and other government perks.”

The reduced demand for container vessels has forced some companies to convert these vessels into floating platforms for production, storage and offloading, says Khalid.

For the legal professionals ser ving Malaysia’s shipping industry, this downturn has not been bad at all. According to Joseph, the rising disputes, sale of ships and enforce-ment cases against shipping vessels have created more work for the law firms. “It is a fairly good session for us and the other firms are also quite busy,” he says.

Dispute resolution constitutes the bulk of the new assignments. “Litigation and arbitration are on the rise, while in the trans-actional business, there is a greater interest in setting up companies in Labuan, a federally administered offshore registry jurisdiction in Malaysia,” says Joseph.

U n d e r L a b ua n o r t h e M a l a y s ia n International Ship Registry, foreign vessels can fly the Malaysian flag and thereby qualify for long term contract from PETRONAS, TNB

and other big Malaysian Government-linked companies. In the conventional onshore reg-istry where majority Malaysian shareholding is required, only Malaysian vessels get those contracts.

Furthermore, says Joseph, the foreigners can have a sense of control and ownership of company registered in Labuan. “I am also advising that to my clients and have already seen five such cases this year.”

However the increased business in not prompting the law firms to hire and expand. “There are very few mid-level lawyers in Malaysia who deal with shipping matters,” says Joseph, “we have no choice but to take on junior ones and spend a lot of time in training them.”

This situation has also created an op-portunity for foreign lawyers, as according to Teoh, an increasing number of them, in-cluding those from Netherlands and English barristers are getting involved in arbitration in Malaysia. “This has upped the ante for the Malaysian lawyers in this field, which is good,” he says, “as shipping is advancing and re-inventing itself, the lawyers must too.”

The resolution of shipping industry disputes is supported by the Malaysian Admiralty Court which has been operational since October 2010. According to Teoh this court and the Regional Centre for Arbitration have a great deal of technical capability in the subject.

For a turnaround in the shipping industry there has to be a convincing recovery of the global economy, says Khalid.

And according to Joseph, “once the oil prices start to increase, things will start to get a bit better for the shipping industry.”

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COVER STORY26 ASIAN LEGAL BUSINESSJUNE 2015COVER STORY26 ASIAN LEGAL BUSINESSJUNE 2015

The Statue of Justice, depicted as a women with a sword in one hand and scale in her other, is seen on top of the London Central Criminal Court, the Old Bailey in London . REUTERS/Russell Boyce

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Women may hold up half the sky, at least according to Mao Zedong, but when it comes to occupyingsenior positions in the workplace, women's numbers fall far short of men. Only 24 percent of

managerial roles globally are held by women, and a mere 5% of these are Fortune CEOs,according to a 2014 study by Grant Thornton.

Law schools worldwide churn out female lawyers at numbers at least on par with males,but rates of attrition, particularly in childbearing years, show that fulfilling demanding roles in

both boardroom and family home are a difficult challenge to balance. And with 60 million more menon the planet than women — the highest ever in history — the battle for equality of the sexes in

all realms has never been more relevant.

Asia, particularly southeast Asia, is on path to reaching the highest gender parity worldwide —between 38 and 40 percent in Indonesia, the Philippines, China and Thailand — and the legal

industry is no exception to the last two decades' changing tide of progress. But how dofemale partners at law firms and top in-house counsel juggle multiple roles as mothers, wives,

lawyers and managers? What skills does it take to rise through the ranks and stay?

We speak to women across Asia to find out.

By DANA MACLEAN

WHEN MITSURU CLAIRE CHINO — now the first female executive of the third largest trading company in Japan— was a 25-year-old litigator fresh out of law school, her California-based firm put her in charge of handling a lawsuit by herself. Chino was tasked with going to trial, taking depositions and questioning witnesses in practice for the first time, and all on her own.

“I felt like I was thrown into hot water,” she says, “It was a very daunting task.” But when she eventually won the case, the boost in confidence contributed to a momentum that

eventually propelled her in 1999 to becoming a partner at a law firm where there were less than 10 percent female partners at the time.

Even in the U.s., where women have pounded the pavement since the 1960s in staunch rebellion against traditional gender roles and demanding equal work opportunities, the legal profession can be tough. But armed with the understanding that gaining advantage is often part of the game, she barrelled on ahead in her career and eventually rose through the ranks to become the first female executive of a major trading Japanese trading company.

As the executive officer and general counsel for Itochu Corporation based in Tokyo, Chino handles cross-border transactions for the company around the world — an area she continues to find fascinating.

“There is a very big cultural difference in how contracts are approached. In Japan, where relationships are not simply contract-based, civil contracts tend to be very short, while Us companies like to spell out everything,” she explains. Chino, who is bilingual, serves as the perfect bridge between the two cultures.

At Itochu, she champions women’s advancement in law and corporate diversity, recognising from her own experiences the integral role of mentorship as a “sounding board” and support system in the early years. “People who have mentors have higher levels of self-confidence. If there is something they are thinking about trying out, without a mentor or any precedent, it’s scary to try that by him or herself,” she says. “If there is a mentor, the mentee can vicariously experience that, knowing they are not on their own.”

Finding time to rebalance from work should also not be underestimated, she says, as life experiences contribute to creativity— a much needed skill in the legal field.

“To be a good lawyer you have to be able to think outside the box,” she says. “If your experience is limited, you can only think one way. Our thought processes are defined by our experiences.”

‘OUR THOUGHT PROCESSES ARE DEFINEDBY OUR EXPERIENCES’

CL AIRE CHINO–

Executive Officer,General Counsel

–Itochu Corporation

Tokyo

Mitsuru

COVER STORY28 ASIAN LEGAL BUSINESSJUNE 2015

DARSA–

Founder–

Melli Darsa & Co.Jakarta

Melli


‘BE GENEROUS TO OTHERS IN TERMS OFSKILLS AND OPPORTUNITIES’

What challenges have you encountered during your career, and how did you overcome them?Like all lawyers ascending the firm ladder, I faced the challenge of making partner while having a young family and being a young mother. I also had to do this while trying to get my additional qualifications with the LLM at Harvard and passing the new York Bar, for which I had to separate from my then-husband and baby.

I overcame challenges due to a supportive family network, particularly from my mother and sisters. Up till today, the key factor to being able to have a wonderful career and beautiful family, is due to the people who love me. Life has to be lived. There are challenges always but if you surround yourself with people who love you, and this includes clients, then your life and work will be much more manageable and enjoyable.

How has the industry in Indonesia changed in the past decade for women with multiple roles?Indonesia had been already accommodating but nowadays, my young lawyers’ parents are my age or slightly older but still leading very active lives. Unlike me, young parents must depend on professional care, the quality of which may not be always good. I had it easier when I was young. In fact now in Indonesia, it is harder for young mothers. This is why on the one hand law firms must have pro-mother/wife policies. But the female lawyers must understand they cannot have special privileges all the time if they want to be treated as equal. In law firms, no matter what clients have to come first and clients must be able to depend on us.

What advice would you give to aspiring female lawyers?Don’t ever quit or be discouraged when the going gets tough. Learn to rest when tired, let out steam when stressed, and never have regrets. Most of all, be generous to others in terms of skills and opportunities. A great lawyer is one who is also one who is a great mentor and leader.

‘REMAIN INSPIRED, ENJOY WHAT YOU DO ANDCONTINUE TO PUSH YOURSELF’

AS A YOUNG LAWYER building a career in London in the 1990s, Annabel Moore never imagined that she would move nearly 11,000 kilometres around the globe to become the Asia Pacific general counsel for a leading high-end beverage company. Though there was no previous regional legal function, and Moore had never worked outside of the UK, she nevertheless accepted the offer and dived wholeheartedly into creating the blueprint for Diageo’s legal risk management.

The sheer volume of work— which involved constant travel to market to a diverse range of groups and working with companies, joint ventures, and distributors — kickstarted the learning curve for juggling multiple priorities and responsibilities.

“I have always been challenged in my role, always learning and enjoying the journey and I never did it for the title,” says Moore, who has also had four children, now aged eight to sixteen, along the way.

“Diageo has been fantastic because it really does respect ways of working really so that you are trusted to get the work done, if that means working from home or going home a bit early to see the kids,” she says, explaining that prioritising family life is “absolutely accepted and that makes life possible” alongside the challenging work.

Diageo, which also boasts high rates of diversity and near-equal female representation on the board, is working to bridge the gender equity gap through progressive diversity policies. For example, staff with children under the age of seven have an additional six days of leave per year.

“I never sensed at any moment that I couldn’t do something I wanted to do, gender was irrelevant,” says Moore, who believes her roles as both mother and lawyer mutually reinforce the other with a sense of balance, common sense and practical judgement.

As for her advice to women entering the legal field, she says: “Don’t give up! Too often I see young women resigning from their roles because they believe the challenges of juggling work and domestic responsibilities is too great… Remain inspired, enjoy what you do and continue to push yourself.”

MOORE–

General Counsel,Asia Pacific

–Diageo

Singapore

Annabel


WIBISONO–

Managing Partner–

Yang & Co.Jakarta

Marcia

‘TECHNOLOGY MAKES IT A LOT EASIER’YEARS AGO, Marcia Wibisono, was doing the unthinkable. Four days out of five in a work week, she travelled to cities hundreds of kilometres outside of Jakarta to attend court hearings, waiting for hours on end for trials to start, and returning home only after 10PM on most nights. she was doing that until she was six months pregnant.

“It was no problem for me because thankfully both of my pregnancies were very healthy,” says the former litigator and mother of two, who only cut back on travel only in her third trimesters.

Wibisono, who now practices corporate law and has advised banks, insurance, mining, oil and gas companies, operating in Indonesia, got her start at OC Kaligis & Associates before moving to HPRP.

now, after more than a decade of practicing law in Indonesia — where regulations often change with governments, particularly for foreign investors — the greatest challenge remains adapting to new laws and staying on top of government regulations.

“I always try learn about everything, and not get stuck in one practice area. A few years ago, mining was booming, but now it’s [not anymore], so if I didn’t expand, I would also suffer,” she says. “Indonesia is a very unique country to work in, so lawyers have to be very creative,” she said, noting that using online networks and actively checking with relevant government institutions, is one way that lawyers keep up with fluctuating policy.

Wibisono balances her commitments to work and her family by making the most of technology, and hours, stuck in the infamously congested Jakarta traffic.

“now I am very used to working in cars, at home, everywhere, from my smartphone. Technology makes it a lot easier,” she said.

Advice she often gives to her younger associates is to think of being a good lawyer as being similar to the work of an architect.

“You have to provide the structure of the law, built for the preferences of your client. As an architect, your client might ask you to build a very beautiful house. But if the legal foundation itself is not strong, the house won’t last long.”

‘KEEP THE DOOR OPEN. YOU WILL FIGURE IT OUT’EVEN AS A 12-YEAR-OLD growing up new south Wales, Australia, sarah Bower always knew she didn’t want to have a menial job. As a university student years later, she automatically gravitated towards law, drawn to its complexity. Twenty-two years on, as a partner and Chief Legal Counsel with KPMG in Hong Kong after eight years with the Lehman Brothers in Asia, law has not lost its shine for her.

“Every case has its different set of pieces. I love that it is fresh each time,” says Bower, who has worked in Asia for the past fifteen years.

Though her track record — successfully restructuring high profile Chinese businesses, managing the Lehman Brothers Cross-Border Insolvency Protocol to facilitate cross-border settlements and heading KPMG’s Deal Advisory legal team— is impressive, to say the least, she says it was never about reaching dizzying heights, but more about the challenge, which there are always new ways to address.

“About one decade ago I had a eureka moment when I realized that the best product comes from speaking to a broad range of people, whose brains are wired differently to mine,” she says.

By abandoning fixed, “black and white” types of thinking, the possibilities and strategies that could become opportunities for clients multiplied — ideas which can only be born through cross-discipline collaboration came to light. “A diverse range of thinking can produce the best results,” says Bower, who applies this concept in all her work today, which includes transactions, restructuring and commercial disputes in her role as a multiple jurisdiction in-house lawyer.

Commercial acumen, and understanding commercial realities based on a sound legal platform, is fundamental to meeting clients’ true needs, she adds.

But how does she balance the work she is clearly passionate about with a family life? It is made possible only with one key ingredient, says the mother of three: equality at home. “I am fortunate to have had a husband who stepped up to do his fair share of child-raising,” says Bower, who leaves the house before 7AM most days to get a headstart on the day’s tasks.

“sometimes women give up their careers in the anticipation of the stress of motherhood, but don’t leave, keep the door open. You will figure it out. Train your husband early to make sure you have his commitment from the get-go, and find a way to stay in the game,” she adds.

BOWER–

Principal,Head of Legal –

Transactions and Restructuring

–KPMG China

Hong Kong

Sarah

Practices Area: Competition & Regulatory Corporate, Commercial Law and

Business Contracts Mergers & Acquisitions Banking & Finance Restructuring & Insolvency Commercial Litigation, Arbitration

and Bankruptcy Labour and Employment Land and Property Company Liquidation Environmental and Sustainability Mining, Oil and Gas Plantation, Forestry and Pulp and

Paper WTO Trade Remedies

Contact Details: Office: Multivision Tower, 3rd Floor Jl. Kuningan Mulia Lot 9B Jakarta Selatan 12980 Jakarta – Indonesia P: +62 21 293 808 78 F: +62 21 293 808 77 www.yangandco.com

Yang & Co. comprises of qualified lawyers with multidisciplinary qualifications and who are also registered advocates licensed to represent you in legal proceedings before the Indonesian courts and other legal matters outside the courts. Our lawyers are multilingual in Bahasa Indonesia, Mandarin and English.

Contact Person: Mr. Ferry Yang [email protected] Mrs. Marcia Wibisono [email protected] Ms. Saniah Wu [email protected]


KHAIRI–

Head of Legal andManaging Counsel

–Shell MalaysiaKuala Lumpur

Lily

‘HAVE THE BELIEF THAT YOU ARE AS GOOD ASYOUR MALE COUNTERPARTS’

What motivated you to become a lawyer?The chance to contribute, make a difference, and to ensure I help the organisations I am involved in to do the right things within the proper legal framework. My aspiration is to reach the highest level of my potential, and I believe it is a continuous learning process.

How do you manage a work/ life balance? What personal sacrifices have you made along the way?I think the work-life balance is a fallacy. The more accurate description is work life priorities. There are days when you have to prioritise work and your career, and there are times when you prioritise personal commitments, aspirations and family over work. It is about choices that you have to make every day and being comfortable living with the decisions that you made.

I like working, I love what I do, but at the same time I have other priorities, such as family and personal aspirations. When these clashes, you need to make certain sacrifices, but you must not regret the decision you made if it was the right one at that moment in time. One reason that has kept me in Malaysia is my 11-year-old daughter, a special needs child who requires round-the-clock care. We have established a good support system here in KL and I will prioritise her above work opportunities overseas.

What is a lawyer’s most integral skill?I would say curiosity and ability to think out of the box to achieve legally sound commercial solutions. As an in-house lawyer, you must continue to evolve and anticipate the needs of your clients if you are to remain relevant and add value to your clients and their businesses. You do have to invest in learning and keeping up to date with the latest developments in law and regulatory framework, be the corporate conscience of the company and business partner simultaneously. .

What advice would you give to aspiring female lawyers?Have the strong self-belief that you are as good as your male counterparts, and can achieve all that you set out to do, but also don’t forget to have fun and experience all that life can bring.

‘THE PUSH-AND-PULL COMPROMISE ISWHAT CREATES BALANCE’

WHEN THE CAR IN FRONT OF HER reversed back and smashed into sophia Yap’s front bumper, she had no idea how fateful the incident would turn out to be. The other driver sped off and later claimed Yap had rear-ended her vehicle. Determined to defend herself out of principle, the then law school student in her early 20s took the case to court, litigating for the first time in her own front-end collision suit. Though she didn’t win, it was standing before the judge that she realised just what she wanted to do.

“I was hit with a sudden surge of adrenaline, and just woke up to my passion. My family is more geared towards banking, so I had to battle tradition,” says Yap, who since then has been unstoppable.

After six years at Baker & McKenzie, Yap became APAC senior counsel for General Electric. Following a stint as senior vice-president with a private equity firm. she joined global real estate firm CB Richard Ellis (CBRE) in 2008, where she has built up the Asia Pacific Legal and Compliance team from scratch.

With regards to career and family, the mother of two also believes win-wins are possible in the ongoing balancing act. “Whenever I have a role change, I get my husband and kids to vote on if I should take the job. I want stakeholder buy-in!” she jokes.

Though there are tough moments trying to meet the needs of both work and children, if both sides provide the space to meet urgent demands, the push-and-pull compromise is what creates balance, says Yap, who once left the hairdresser’s with half a haircut together with her two-year-old daugher in tow on a mom-daughter day out, after the office called with an emergency. “There has to be a two-way give-and-take for emergencies,” she says.

Yap, who also chairs the CBRE Women’s network, advises young lawyers to use the support offered by firms, and get involved in steering the development of companies, too. “If you enter new areas, talk to other lawyers, it becomes a channel for new opportunities and fun.”

PK YAP–

Global Deputy ChiefEthics & Compliance

Officer–

CBREHong Kong

Sophia

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AS A CHILD, Pamela Mak always knew she wanted to be a lawyer. “From a young age, I dreamed of being a lawyer after seeing fictional lawyers on TV,” says the youngest of three, whose elder sister and brother-in-law are also lawyers.

Known for her extensive litigation experience across many sectors and skillfully employing Mareva injunctions to protect her clients, Mak made partner with Tanner De Witt in 2010 and attributes a large part of her career triumphs to mentorship.

“My supervisor of more than ten years at Tanner De Witt has been a great role model for me,” says the litigator, who has been with the firm since 2003 after studying law in Hong Kong and sydney. “It is so helpful to have support and hear others’ experiences especially early on in your career,” she adds.

With this in mind, Mak runs the firm’s two-year trainee programme for graduates straight out of law school and says the ratio of female to male graduates is high and continues to grow. “We see more applications every year from females which reflects this trend,” she explains.

The availability, and affordability, of childcare in Hong Kong paves the way for women to pursue full-time careers, according to Mak, who has an eight-year-old son.

–

KIM BOREHAM, a partner at Tanner De Witt since 2008, got her start defending employment rights at the most unlikely of places. “I was working at McDonalds during a break from university and ended up putting in a submission against the Employment Contracts Bill in new Zealand”. Having decided law wasn’t “so boring after all”, she transferred into law at the University of Waikato and now successfully handles multi-million dollar employment claims.

she believes that balancing work with life takes deliberate management, and finding the right firm with both quality and diversity of work is key for young lawyers.

“I deliberately chose Tanner De Witt for that reason.” says the mother of one, who played rugby competitively and represented Hong Kong at a tournament in Kazakhstan during her first week as a partner.

Boreham sees a growing acceptance of the need for more diverse work practices and that part time work and flexible hours are becoming more common in Hong Kong. “With more women lawyers and women in senior roles within the professions and corporate clients, law firms also have to change how they approach marketing,” she says.

she recommends young lawyers take control of their careers, utilise the networks in their communities, and carve out their own goals. “set aside time to think about what you want to achieve, and take steps to move towards that. Tell your employers where you want your legal practice to go.”

‘SET ASIDE TIME TO THINKABOUT WHAT YOU WANT

TO ACHIEVE, AND TAKE STEPSTO MOVE TOWARDS THAT’

MAK–

Partner–

Tanner De WittHong Kong

PamelaBOREHAM

–Partner

–Tanner De Witt

Hong Kong

Kim


As law firms worldwide wake up to the increasing importance, and sound business sense, of diversity across the board, the adoption of

policies and programmes geared towards boosting, promoting and retaining staff from a varied range of talent pools has multiplied. Ranging from greater workplace flexibility to support networks, pro-bono partnerships, improved maternity packages and systema-tised mentorship programmes, firms are building the foundations for an inclusive workplace which offers staff the kinds of careers that can sustain a healthy work-life balance. The firms below are in alphabeti-cal order.

EIGER LAW FIRM welcomes staff from around the globe based on merit and professionalism. Both its Taipei and Shanghai offices host staff from a range ethnic backgrounds and sexual orientations, and have high rates of female attorneys (63 percent and 48 percent, respectively). With a motto of being “LGBT-friendly” the firm respects its staff’s privacy, and has embraced diversity since its founding in 2001 through transparent promotion and decision-making policies. With modern technology allowing travelling lawyers to work remotely, staff who need to tend to their families are also granted this same flexibility. The firm’s mentorship programme accepts intern attorneys from around the globe, and provides them with

real day-to-day experiences with clients and the support to move up in the partnership.

HOGAN LOVELLS has made diversity and inclusion part of its core culture through regional teams and office committees designated to promote equal opportunities, prohibit discrimination, retain talent, and empower staff to sustain a work life balance. Leadership development sessions launched in 2014 identify critical ways to eliminate bias and advance women leadership in the firm. Nursing facilities in some Asia offices and a regionwide maternity mentoring programme provide a support system for returning mothers. The internal networking programme, Breaking Barriers — established in 2009 in Hong Kong and now expanded to offices in Beijing, Shanghai, Singapore, Tokyo and Ulaanbaatar — hosts lunchtime seminars, panel discussions, social events and charity events to bring women together. The firm is also actively involved with the Hong Kong non-profit Women’s Foundation, which runs community based programmes for women’s empowerment.

KIM & CHANG seeks to promote gender diversity through its recruitment policies and between 30 to 40 percent of all hires in the past three years have been female. The firm seeks to retain and promote its talented staff through flexible policies allowing personalised maternity leave

and programmes to ease the transition back into work post-partum. Recognising that mentorship is key to support junior associates to rise to senior leadership roles, Kim & Chang has systematised mentorship with nearly 100 percent participation from female partners. Meanwhile, the firm’s subsidiary printing house, the Garam Printing House, launched in March 2015, is a socially responsible venture which employs 10 physically handicapped staff, with plans to expand. The firm has also undertaken a pro-bono initiative across the country teaching hundreds of migrant women about their rights.

KING & WOOD MALLESONS is a firm committed to equality and diversity through policies to level the playing field for staff promotions. In 2011 KWM launched its Engaging Women programme in Hong Kong, a network for women to share experiences and insights for career advancement, with patrons to oversee and advise on diversity issues. KWM is also a founding member of Women in Law Hong Kong (WLHK), an umbrella network for female Hong Kong lawyers. As a firm which recognises inclusion of all parts of society as key, KWM also partners with CareER to provide internships and mentorships to disabled students, who can then gain skills and practical work experience to launch their careers. Progressive work arrangements the firm offers their staff,

DIVERSITY LISTsHOWCAsInG nOTABLE LAW FIRMs ACROss AsIA THAT ARE WORKInG TO

EMBRACE InCLUsIOn In THE WORKPLACE. BY DANA MACLEAN


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including new mothers, are remote working, flexible hours, part time roles and an onsite nursing room.

LATHAM & WATKINS values the range of perspectives that its diverse staff bring to the firm to serve its global clientele and has been lauded on its corporate equality index by the Human Rights Campaign Foundation. The firm has two committees dedicated to championing diversity, the Diversity Leadership Committee (DLC) and the Women Enriching Business (WEB) committee. The two teams have created programmes tailored for bolstering diversity: the Diversity Leadership Academy organises meetings for interested law students and associates, the Women’s Leadership Academies gives multi-day professional development trainings for women, and the Women’s Affinity Group nurtures and supports female staff through its networking platform. Meanwhile, junior associates can find further support in the Global Mentorship Programme, which pairs them with senior colleagues. Seminars and workshops, to encourage professional development in Singapore and Hong Kong, are also co-hosted frequently throughout the year with extensive participation from staff.

SIMMONS & SIMMONS views diversity from a lens of corporate responsibility and business promotion, and has recently taken

several steps to create gender balance among its partners, as 95 percent of its equity partnership is currently male. An internal network coined The Number One Club (TNOC) hosts events and is working to create a support system for female staff, while the adoption of pro-family policies since July 2013 includes leave for new mothers (20 weeks), fathers (five days), and adoptive parents (four weeks). A “buddy” support system in the firm also provides first-time mothers with maternity coaching both pre and post-partum. All employees who have served more than six months at the firm are also eligible to apply for flexible working arrangements, which can be any pattern which suits employees’ needs through a system of annualised hours. Staff who are also parents are free to bring their children to stay at the well-equipped children’s room.

SKADDEN, ARPS, SLATE, MEAGHER & FLOM believes diversity makes staff better problem-solvers and along this line of thinking employs full-time Diversity & Inclusion staff, headed from the New York office. Skadden’s active LGBT and Women’s Affinity Groups provide peer mentoring opportunities and have become outlets for recruitment and professional development opportunities. Annual trainings in cultural blind spots and competency at Skadden’s Asia offices, as well as trainings by external consultants on diversity and inclusion, have

helped staff to develop the management skills necessary to take a holistic approach to leadership. Flexible working arrangements post-maternity leave are available for female staff for up to one year after childbirth. In Hong Kong, Skadden has close alliances and has partnered with local advocates for sexual minorities, including the Queer Straight, the Pink Alliance, and the Hong Kong Gay and Lesbian Attorneys Network (HKGALA).

TILLEKE & GIBBINS is staunchly committed to gender balance and equal opportunities. Two-thirds of its managing partners overseeing the practice’s daily operations are female, and the majority of administrative departments in the Bangkok office are headed by women, who comprise 94% of the total workforce and mirror their satisfaction through low attrition rates. Many staff stay for over two decades and report high levels of job satisfaction, career prospects and work-life balance. The Thailand office is also engaged in numerous pro-bono activities, including to the American Women’s Association of Thailand and the Human Development Foundation, both of which feature programmes dedicated to women’s empowerment in society. Involvement in other initiatives— such as human rights nonprofit Equality Now’s research on child marriage in the region— provide the impetus for regionwide legal reform for greater gender equality.

REUTERS/David Gray

COVER STORY 35WWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

Q&A36 ASIAN LEGAL BUSINESSJUNE 2015

BOB CHARLTOn, WHO JOInED BERWIn LEIGHTOn PAIsnER InOCTOBER 2014 As THE FIRM’s AsIA HEAD AnD HOnG KOnG MAnAGInGPARTnER, sPEAKs TO KANISHK VERGHESE ABOUT HIs nEW ROLE,THE FIRM’s CORE FOCUs AREAs AnD PRIORITIEs In AsIA, AnD ITsRECEnT EXPAnsIOn In THE REGIOn.

‘YOU REALLY HAVE TO PURSUE WHAT YOU ARE VERY GOOD AT, WHAT YOUR BRAND STANDS FOR, AND WHAT YOU ARE KNOWN FOR’

ALB: What are some of the key objectives you have laid out for Berwin Leighton Paisner (BLP) since joining the firm as its Hong Kong managing partner and Asia head? Are there any key practice areas or regions that the firm’s Asian offices are focusing on in 2015?Charlton: The key goal is to ensure that Berwin Leighton Paisner in Asia, just like in the other major regions where the firm is operative, is concentrating on its key prod-ucts. We don’t want to be doing anything that is outside of what the firm is famous for, and what it is really good at. We need to be disciplined around ensuring that we are pursuing our real estate and infrastruc-ture, litigation and regulatory businesses, asset finance, corporate finance and private client, which are core practices of the firm as a whole. We have a collection of focus markets across Asia. They include China and Greater China just as much as they in-clude ASEAN, and in particular, Singapore, Indonesia and Myanmar. These are the five core sectors and practice areas that we are pursuing consistently in Asia, alongside our Middle East and European businesses.

ALB: BLP recently acquired local law firm Haley & Co in Hong Kong. How does this

fit into the firm’s plans for Asia?Charlton: It was great to get the Haley & Co acquisition under the belt. We were talking for a few months before the agreement, and I think it was clear to both sides that there is great synergy between what Haley & Co has developed, and what Berwin Leighton Paisner is looking to develop. Haley & Co specialises in the two prime practice areas of arbitration and real estate. Glenn Haley has a renowned construction litigation and arbitration practice, and Ilan Freiman is perfectly placed in the sweet spot of real estate and infrastructure. Bringing that firm and its constituent members into Berwin Leighton Paisner Asia is exactly in tune with what our business aims are. The acquisition went live on May 1, and Glenn, Ilan and Geoff Shaw have officially come on board as partners.

ALB: Are there any further expansion plans for BLP in the pipeline?Charlton: On the one hand, as an innova-tive business we are always looking for the right opportunities for the sake of profitable growth. But on the other hand, when you take something on board, you have to make sure that you integrate it properly, and don’t just move straight on to the next one. We

CV1979 – 1999Clifford ChancePartner

1999 – 2009Freshfields Bruckhaus Deringer Partner

2009 – 2012 DLA PiperInternational Group Head - Finance & Projects

2012 – 2014DLA PiperManaging Director - Asia Pacific

Oct 2014 – presentBerwin Leighton PaisnerAsia Head, Hong Kong Managing Partner

CV

Q&A 37WWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

are very conscious that we need to bed the new team down and integrate it well into the Asia business as a whole, as well as into the Middle East and European businesses because we have to make the best of all the synergies. As the leader of the Asian busi-ness, I am spending a lot of time in Hong Kong at the moment and making sure that the nuts and bolts of the acquisition are working well.

ALB: What about expanding BLP’s physi-cal presence in new markets in Asia? Is this on the firm’s radar?Charlton: That is not on the cards for now. We are looking at opportunities, and we are very aware of what our clients are looking for. We are constantly talking to our client

base about how we can service them most effectively, and we will listen to them. But right now we are making sure that we are making the very best of what we have now, which is an Asian business comprising a strong Singapore offering for ASEAN, the newly expanded Hong Kong office and our offering in Beijing. I am very keen to make sure that we get all three businesses hum-ming together in an integrated and effective way. That is a major part of the initial period in my new role.

ALB: Competition in Asia is growing fierc-er with a number of international firms growing their presence in the region, and several local firms strengthening their practices. Do you think BLP has to

go beyond its key offerings and tap into new practice areas in order to remain competitive?Charlton: I would say “never say never”. But our view is, like with any business, you really have to pursue what you are very good at, what your brand stands for, and what you are known for. And right now, the core competencies of Berwin Leighton Paisner are across real estate and infrastructure, litigation and regulatory, asset finance, corporate finance and private client. Asia is an incredibly competitive market, and you have to differentiate yourself to be success-ful. We believe we have the potential to do that in these core areas of excellence that we have, and if we can do it well, we can be very confident about the year ahead.

INTELLECTUAL PROPERTY38 ASIAN LEGAL BUSINESSJUNE 2015

InDIA HAs FACED sCRUTInY In RECEnT YEARs OVER ITs ABILITY TO PROTECT THEIP RIGHTs OF ALL sTAKEHOLDERs AnD EFFICIEnTLY FOsTER InnOVATIOn. AT THE EnD OF 2014,A DRAFT nATIOnAL IPR POLICY WAs RELEAsED FOR PUBLIC COMMEnT. THE DRAFT PROVIDEs

A CLEAR ROADMAP FOR InDIA’s IP REGIME, AnD LAYs THE InITIAL GROUnDWORK FORsTREnGTHEnInG THE COUnTRY’s IP ECOsYsTEM. KANISHK VERGHESE REPORTs

In December 2014, a six member IP Think Tank formed by India’s Department of Industrial Policy and Promotion (DIPP), comprising judges, lawyers and aca-

demics, released a draft National IPR Policy, detailing a blueprint for India’s IP regime go-ing forward, and the key objectives it needs to achieve. At the heart of the draft, in its mission statement, the Think Tank aims to establish a dynamic, vibrant and balanced IP system in India in order to foster innovation, accel-erate economic growth and employment, enhance socio-cultural development, and protect public health and other areas of socio-economic importance. In order to achieve these goals, the policy lays out key objec-tives in seven different areas: IP Awareness and Promotion; Creation of IP; Legal and Legislative Framework; IP Administration

and Management; Commercialisation of IP; Enforcement and Adjudication; and Human Capital Development. “The draft is very comprehensive and incisive,” says Pankaj Soni, a partner at Indian IP boutique firm Remfry & Sagar. “If we take a step back, we will realise that this IP policy is being tabled much later than it should have been. We have

dealt with significant IP changes in India for the past 10 years, ever since we became TRIPS (Trade-Related Aspects of Intellectual Property Rights) compliant in 2005. But the IP fraternity really had no documented gov-ernment policy backing their position. One of the benefits of the draft is that the Think Tank has shared their thoughts on where they think India should be going, which is a positive start because dialogue can only take place once one knows what the direction is,” says Soni.

KEY PROPOSALSThe draft is certainly helpful in steering India’s IP regime in the right direction, stakeholders say. It also acknowledges that India’s national development goals are a priority as far as IP policy is concerned. In recent years, several decisions in pharmaceutical patent cases

have gone in favour of the domestic generic drug makers, which has led some interna-tional innovators to accuse India’s IP regime and judiciary as being unfairly protectionist. However, the draft policy asserts that India’s statutory framework is robust, effective and balanced. “The Indian judiciary is a strong and independent pillar of the government

and has made immense contribution in enforcing IP rights…India has adopted a bal-anced approach towards patent law. It is com-mitted to protect innovation while promoting the larger goal of welfare of its citizens,” the policy adds. The draft also reiterates India’s commitment to its international treaties and conventions, including the TRIPS agree-ment. “In future negotiations in international forums and with other countries, India shall continue to give precedence to its national development priorities whilst adhering to its international commitments and avoiding TRIPS plus provisions,” the draft says.

The policy also proposes the introduction of utility models, or “petty patents”, which would give potential rights holders a fresh opportunity to obtain exclusivity and protec-tion – albeit for a shorter period of time – for their inventions. Debate over utility models has been ongoing in India for several years. In its written submission to the DIPP, The Centre for Internet and Society, a non-profit research organisation based in Bangalore, noted that utility models have been criticised for causing a spike in litigation, which can be financially draining, especially for small businesses. In addition, it says that utility models can be, and have been, used by companies to cordon off entire areas of research.

For his part, Soni says that the introduc-tion of utility models in India would help in achieving the draft’s objective of increasing IP awareness. “Because of the nature of in-novation we see in India, utility models would give the average domestic investor something to look forward to, encourage innovation and lead to the creation of IP,” says Soni. However, he adds that while utility models make sense on paper, the issue needs to be

A NEW ROADMAP

“IF WE ARE GOInG TO sET UP sPECIALIsED COURTs, THEn WE sHOULD LOOK AT IP In GEnERAL AnD InCLUDE TRADEMARKs, COPYRIGHT AnD DEsIGns, BECAUsE THEsE ARE ALsO sPECIALIsED FIELDs THAT DEsERVE THE sAME AMOUnT OF ATTEnTIOn.” Pankaj Soni, Remfry & Sagar

INTELLECTUAL PROPERTY 39WWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

debated further. “There are certain instances and industries where it may not make sense to allow utility models. But, I think at least in the electrical and mechanical industries, there is a lot to gain,” he adds.

Under the objective of enforcement and adjudication, the draft recommends establishing specialised patent benches in the regional High Courts, as well as re-gional benches of the Intellectual Property Appellate Board (IPAB) in the regions where India’s Intellectual Property Offices are located. The proposal has been welcomed by most stakeholders, although some in the community believe that more could be done. “We support the recommendations to fa-cilitate IP dispute resolution. Our suggestion would be that the proposed “patent benches” become broader in scope and become “spe-cialised IP judiciary” that cover all forms of intellectual property, including trademarks,” the International Trademark Association wrote in its submission to the DIPP. “If we

are going to set up specialised courts, then we should look at IP in general and include trademarks, copyright and designs, because these are also specialised fields that deserve the same amount of attention,” agrees Soni.

‘PRIORITISE THE OBJECTIVES’While the draft has been praised for its de-tailed information, some lawyers note that more clarity about the timeframes and pri-oritisation of the objectives is needed. “The policy has listed objectives, a vision and a mission, but we don’t know which objectives are of greater importance. Understandably, all objectives cannot be equally important, and cannot be achieved in the same time-frame. I did not necessarily expect this to be in the policy, but it is something that has to naturally come next,” says Soni, who adds that the IP administration and management as well as the IP awareness objectives should be prioritised.

Given the sheer amount of detail in the

policy, it will likely take a considerable amount of time to collate and mull over all the submitted comments and additional informa-tion. As a result, practitioners are hopeful that a revised version of the draft will be released in the next few months. Nonetheless, IP professionals on the ground agree that the draft is a positive step for India, and praise the policy for its inclusivity and willingness to engage with all IP stakeholders ranging from government and corporations – both local and international – to small business owners, education institutions and other members of society. Perhaps most importantly, the policy views IP rights as a vital cog in enhancing India’s overall development, and recognises that synergies can be created between India’s IP policy and the government’s other initia-tives in order to foster both innovation and economic growth. “The challenge now is how do you convert the detailed policy into action? That is something we have to look forward to,” says Soni. Stay tuned.

People gather outside the Taj Mahal hotel in Mumbai. REUTERS/Punit Paranjpe

INTELLECTUAL PROPERTY 39WWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

SPONSORED ARTICLE40 ASIAN LEGAL BUSINESSJUNE 2015

IP ACADEMY

Trina Ha IP Academy [email protected]

A globally recognised expert on intellectual property law, Professor Goldstein is the author of an influential four-volume treatise on U.S. copyright law and a one-volume treatise on international copyright law, as well as several leading case-books. He is also of counsel with Morrison & Foerster. In 2015, Professor Goldstein was inducted by Intellectual Asset Management into the IP Hall of Fame, which honors those who have helped to establish intel-lectual property as one of the key business assets of the 21st century.

Professor Goldstein will be speaking at a round-table on Copyright reform on 1 July 2015, organised by the IP Academy, Singapore. This is part of IP Academy’s series of Thought Leadership activities to bring renowned IP experts to share with the local community their knowledge and insights on the latest trends and issues in the highly-evolving global IP and economic landscapes.

Prior to the roundtable, IP Academy had the op-portunity to hear from Professor Goldstein on the challenges facing copyright owners today and his thoughts on the future of Copyright Law.

IPA: With today’s connected and technologically advanced world and ever-changing business environment, what are the most pressing chal-lenges faced by IP rights-holders, in particular copyright owners?

Goldstein: The most pressing challenge faced by copyright owners worldwide--today and over the next few years--is to implement low-cost, typi-cally automated, systems for licensing their works. The present, high transaction costs of securing a license not only discourage users from doing so, but--far more dangerously--they encourage courts and legislators to carve out exceptions to copyright in order to facilitate these uses. The fuse for action by copyright owners is short. If copyright owners

fail to develop low-cost licensing mechanisms over the next few years, they will find that their previously exclusive rights have eroded, and it will be too late to restore them.

IPA: Are these challenges different in Asia’s emerging markets, compared with the more developed economies?

Goldstein: The challenge differs modestly in Asia’s emerging markets where the comparative absence of entrenched, but out-moded, licensing mechanisms, as well as a taste for high-tech

solutions, may foster readier development and ac-ceptance of digitally automated licensing systems.

IPA: How does copyright law need to evolve in order to keep up with the changing business environment and new technologies?

Goldstein: Copyright law does not need to evolve to keep up with new technologies. What needs to evolve are receptivity among copyright owners to the use of new technologies to facilitate low-cost, frictionless licensing, and resistance among leg-islators and courts to popular calls for trimming copyright’s exclusive rights. The operation of markets will take care of the rest.

IPA: What do you think is the balance between protecting rights-holders and providing access to encourage innovation? Can policy-makers find this balance?

Goldstein: History is the surest source of wisdom on the correct balance between exclusive rights and unfettered, priceless access to copyrighted works. Whatever the economics of incentive to cre-ativity may be, the legal balance that has been in place for the past century has at the very least done nothing to disturb the level and quality of literary and artistic creation that we have enjoyed over this period. I think that it would be dangerous for legislators and courts to tinker with that balance.

A: 51 Bras Basah Road #01-01 Manulife Centre

singapore 189554 (Please enter via IP 101)

W: www.ipacademy.com.sg

REFLECTIONS ON COPYRIGHTAn interview with Professor Paul Goldstein, the Stella W. andIra S. Lillick Professor of Law at Stanford Law School.By Trina Ha

IP ACADEMY

LAW AWARDS42 ASIAN LEGAL BUSINESSJUNE 2015LAW AWARDS42 ASIAN LEGAL BUSINESSJUNE 2015

Asian Legal Business has announced the list of finalists for the 11th annual Japan Law Awards 2015, which will be held at the Ritz Carlton Hotel Tokyo on Thursday, June 18.

Nagashima Ohno & Tsunematsu and Mori Hamada & Matsumoto are the frontrunners, with a total of 36 and 30 nominations, respectively. Fellow Big Four Japanese law firms Nishimura & Asahi and Anderson Mori & Tomotsune have 25 and 24 nods, respectively.

Simpson Thacher & Bartlett leads the international law firm pack with 21 nominations, while Sullivan & Cromwell and Morrison & Foerster are close behind with 17 nominations each. Davis Polk & Wardwell has 10 nominations.

Among the in-house teams, JP Morgan

nAGAsHIMA OHnO & TsUnEMATsU,MORI HAMADA & MATsUMOTO LEAD nOMInATIOns

18th JUNETHE RITZ-CARLTON TOKYO

For the FULL LIST OF FINALISTS, visit our website: http://www.legalbusinessonline.com/japan-law-awards-2015

Securities Japan and Morgan Stanley MUFG Securities have four nominations each, including the Innovative In-House Team of the Year and the prestigious Japan In-House Lawyer of the Year prizes. Goldman Sachs Japan and IBM have two nominations each, while a number of other in-house teams, including Softbank, KDDI, Sumitomo Mitsui Financial Group and Itochu Corp, are also finalists.

The ALB Japan Law Awards 2015 covers a total of 30 awards, and features new categories in the areas of Banking and Finance and Regulatory and Compliance, as well as an award for the Emerging Law Firm of the Year. Furthermore, in order to recognise the role of accounting firms in the celebrated deals, the event has introduced a new Accountancy Deal Firm of the Year award.

LAW AWARDS 43WWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

The Japan In-HouseCounsel Network AwardBanking & FinancialServices In-House Teamof the Year• J.P.MorganSecurities

Japan Co•MorganStanleyMUFG

Securities Co• SumitomoMitsui

Financial Group Inc

Japanese InvestmentBank Team of the Year•DaiwaSecuritiesCo.Ltd.•MizuhoSecuritiesCo.,Ltd.• SMBCNikkoSecuritiesInc.

International InvestmentBank Team of the Year•GoldmanSachsJapanCo• JPMorganSecurities

Japan Co•MorganStanleyMUFG

Securities Co

TMT In-House Teamof the Year• IBMJapan•KDDI• Softbank

Innovative In-House Teamof the Year• IBMJapan

• ItochuCorporation• JPMorganSecurities

Japan Co• KVH•MorganStanleyMUFG

Securities Co

Japan In-House Lawyerof the Year• YutakaMiura-Goldman

Sachs Japan Co• JeremyEntwisle-

JPMorgan Securities Japan Co

• ChristopherO.Hathaway- Morgan Stanley MUFG Securities Co

Japan In-House Teamof the YearFINALISTS TO BE ANNOUNCED ONTHE NIGHT

Banking Law Firmof the Year•AndersonMori&

Tomotsune•Atsumi&Sakai•Baker&McKenzie

(Gaikokuho Joint Enterprise)

•DavisPolk&Wardwell•MoriHamada&

Matsumoto

•NagashimaOhno&Tsunematsu

•Nishimura&Asahi

Employment Law Firmof the Year•AndersonMori&

Tomotsune• FreshfieldsBruckhaus

Deringer•MoriHamada&

Matsumoto•NagashimaOhno&

Tsunematsu•Nishimura&Asahi

Insolvency Law Firmof the Year•AndersonMori&

Tomotsune•MoriHamada&


Tsunematsu•Nishimura&Asahi•Oh-EbashiLPC&

Partners

American Chamber ofCommerce In Japan AwardInternational ArbitrationLaw Firm of the Year• FreshfieldsBruckhaus

Deringer•HerbertSmithFreehills

•MoriHamada&Matsumoto

•Morrison&Foerster•NagashimaOhno&

Tsunematsu•Nishimura&Asahi•Orrick,Herrington&

Sutcliffe

IP Law Firm of the Year•AndersonMori&

Tomotsune• Baker&McKenzie


•HoganLovells•Momo-o,Matsuo&

Namba•MoriHamada&

Matsumoto•Morrison&Foerster•NagashimaOhno&

Tsunematsu•Nishimura&Asahi•Ohno&Partners•Orrick,Herrington&

Sutcliffe•QuinnEmanuelUrquhart

& Sullivan•Ropes&Gray• SUGIMURAInternational

Patent & Trademark Attorneys

• TMIAssociates

NOMINATIONS FOR KEY CATEGORIES

LAW AWARDS 43WWW.LEGALBUsInEssOnLInE.COM: @ALB_Magazine : Connect with Asian Legal Business

nagashima Ohno & TsunematsuMori Hamada & Matsumotonishimura & AsahiAnderson Mori & Tomotsunesimpson Thacher & Bartlettsullivan and CromwellMorrison & FoersterDavis Polk & Wardwell

3630252421171710

TOTAL LAW FIRMNOMINATIONS

J.P. Morgan securities Japan CoMorgan stanley MUFG securities CoGoldman sachs Japan CoIBM

4422

TOTAL IN-HOUSENOMINATIONS(excluding deals)

LAW AWARDS44 ASIAN LEGAL BUSINESSJUNE 2015LAW AWARDS44 ASIAN LEGAL BUSINESSJUNE 2015

NOMINATIONS FOR KEY CATEGORIES

Regulatory andCompliance Law Firmof the Year• Baker&McKenzie


•DavisPolk&Wardwell•MoriHamada&


Tsunematsu

Litigation SpecialistLaw Firm of the Year•AndersonMori&

Tomotsune• FreshfieldsBruckhaus

Deringer•MoriHamada&


Tsunematsu•Nishimura&Asahi•Orrick,Herrington&

Sutcliffe•QuinnEmanuelUrquhart

& Sullivan

Tax Law Firm of the Year• Baker&McKenzie




•Nishimura&Asahi

Best Southeast AsiaPractice Law Firmof the Year•AndersonMori&

Tomotsune• Baker&McKenzie




•Nishimura&Asahi• TMIAssociates

Best China PracticeLaw Firm of the Year•AndersonMori&

Tomotsune•MoriHamada&

Matsumoto


•Nishimura&Asahi• TMIAssociates

Offshore Law Firm ofthe Year•Appleby•ConyersDill&Pearman•MaplesandCalder•Walkers

Managing Partner ofthe Year•RyuUmezu-Anderson

Mori & Tomotsune•HirooAtsumi-Atsumi&

Sakai• JeremyPitts-Baker&

McKenzie (Gaikokuho Joint Enterprise)

• TheodoreA.Paradise-Davis Polk & Wardwell

• PeterGodwin-HerbertSmith Freehills

• KenSiegel-Morrison&Foerster

• L.MarkWeeks-Orrick,Herrington & Sutcliffe

• IzumiAkai-Sullivan&Cromwell

International DealFirm of the Year• CliffordChance•DavisPolk&Wardwell• FreshfieldsBruckhaus

Deringer•Morrison&Foerster• SimpsonThacher&

Bartlett• Sullivan&Cromwell

Japanese DealFirm of the Year•AndersonMori&

Tomotsune•Atsumi&Sakai•MoriHamada&


Tsunematsu•Nishimura&Asahi

Japan Law Firm ofthe YearFINALISTS TO BEANNOUNCED ONTHE NIGHT

ALB SUPPORTS PROUDLY PRESENTED BY

SPONSORS

SUPPORTING ORGANISATIONSASSOCIATE SPONSORS

Finalists for the ALB Japan Law Awards 2015 may now reserve seats for thisprestigious ceremony taking place at The Ritz-Carlton, Tokyo on June 18.

Enjoy fine wine and a four-course gourmet dinner and celebrate with more than200 key law firm and in-house leaders, investment bankers and members of

the judiciary and academe, the success of the Japan’s legal industry in the past year.

INDIVIDUAL SEAT - US$450TABLE OF TEN - US$4100

To reserve tables or seats, please register online at www.regonline.com/JLA2015.For registration assistance, please contact Sheila at [email protected]

or call (65) 6870 3252.

RESERVATIONS NOW AVAIL ABLE

ALB SUPPORTS PROUDLY PRESENTED BYSUPPORTING ORGANISATIONS

ASSOCIATE SPONSORSSPONSORS

LAW AWARDS46 ASIAN LEGAL BUSINESSJUNE 2015EVENTS46 ASIAN LEGAL BUSINESSJUNE 2015

PHILIPPINESIN-HOUSE

LEGAL SUMMITFAIRMOnT MAKATI,

MAnILA

29 APRIL 2015

Charles Veloso, QuisumbingTorres discussing competitionlaw in the Philippines

(L-R) simeon Ken R. Ferrer, syCip;Geraldine Johns-Putra, Minter Ellison;Hien nguyen Truc, VILAF; Hiyasmin H.Lapitan, syCip salazar Hernandez &Gatmaitan, niwes Phancharoenworakul,Chandler & Thong-ek; nicanor n. Jacinto,Institute of Corporate Directors

Hon. Leila M. De Lima, secretary,Department of Justice opening the summit

Great presentation by Mia Imperial,Quisumbing Torres

second keynote address by Teresita Herbosa,Chairperson, securities & Exchange Commission

Excellent networking at ALB’s inauguralPhilippines In-House summit

(L-R) Agustin R. Montilla IV, Romulo; Vicente Graciano P. Felizmenio, Jr.,securities and Exchange Commission; Ricardo J. Romulo, Romulo;Dennis Montecillo, BPI Capital Corporation; Honorio Poblador IV, navegar;Louie Ogsimer, Romulo; Cynthia R. del Castillo, Romulo

EVENT SPONSORS ASSOCIATE SPONSORS SUPPORTING ORGANISATIONS

SUPPORTING BRAND ONLINE LEGAL RECRUITMENT SPONSOR ALB SUPPORTS PROUDLY PRESENTED BY

DATE AND LOCATION:12 NOVEMBER 2015 (SEOUL, KOREA)17 NOVEMBER 2015 (TOKYO, JAPAN)19 NOVEMBER 2015 (SINGAPORE)

For more information on these events, or to register your pass, please contact Trang on [email protected] or call +65 6870 3711

ALB is proud to present internationally renowned contracts expert Ken Adams, bringing his practical training seminar to Seoul (12th November), Tokyo (17th November) and Singapore (19th November). These hands-on seminar explores how to draft contracts that express deal terms clearly and effectively, saving you time and money, enhancing your competitiveness, and mitigating risk. Rather than simply lecturing, Ken uses interactive exercises, encouraging participation and addressing practical considerations related to the drafting process. This seminar is valuable for both junior and senior legal professionals, with tips that apply to all contracts drafted in English, whatever the governing law.

WHAT YOU’LL LEARNPractical skills from a global industry leader • The problem with traditional contract language • How efficient contract drafting can benefit your business • The basics of rigorous contract language and layout • Why revising your contract process can improve contract language

WHO SHOULD ATTENDLawyers • In-house counsel • Paralegals and managers in law firms and corporations • Contract managers • Anyone who drafts, negotiates, or reviews contracts

Ken Adams, Author, A Manual of Style for Contract Drafting

As the leading authority on contract language, Ken Adams has successfully coached people around the world in drafting clearer contracts. His groundbreaking book A Manual of Style for Contract Drafting has sold tens of thousands of copies

internationally since it was first published by the American Bar Association in 2004. The Legal Writing Institute has announced that Ken is to receive the Golden Pen Award for 2014, “to recognize his exemplary work in contract drafting.” As part of its “Legal Rebels” project, in 2009 the ABA Journal named Ken one of its initial group of fifty leading innovators in the legal profession. And the ABA Journal included Ken’s blog in its 2013, 2012, 2010, and 2009 “Blawg 100”—its list of the hundred best law blogs. Ken is an adjunct professor at Notre Dame Law School. For more information about Ken and his activities, go to www.adamsdrafting.com.

LEARN EXPERT DRAFTING TECHNIQUES FROMA LEADING AUTHORITY

SPECIAL OFFER- FREE BOOK!

Each participant will receive, at no extra charge, a copy of the latest edition of Ken Adams’s book, A Manual of Style for Contract Drafting. The seminar explores issues addressed in detail in this one-of-a-kind book that has become a valued resource for the legal profession.

“It is a revolution for legal professionals and basically renders irrelevant what I learned previously. But I like it!”

08:30

Registration

09:00

– The state of contract drafting– Costs and causes of deficient

drafting– Goals for the program

09:20

The Front and Back of the Contract– Title and introductory clause– Function and layout of recitals– Traditional recital of consideration– Concluding clause– Role of exhibits and schedules

10:10

Categories of Contract Language– Different categories of contract

language and their function– How to distinguish between

categories– Why does it matter?

10:30

Break

10:45

Categories of Contract Language, cont.

11:45

Layout– How to present sections,

subsections, and enumerated clauses

– Using Adams’s enumeration scheme

– Issues of typography

12:05

Using Defined Terms– Two kinds of definitions– Role of the definition section– Using an index of defined terms

12:30

Luncheon

13:30

Ambiguity and Vagueness– Different kinds of ambiguity– How to avoid them– How to use vagueness

14:10

Select Usages– Problematic words and phrases– Clearer alternatives

15:00

Break

15:15

Drafting as Writing– Some general principles of good

writing that apply to contract drafting

15:30

Bringing It All Together– Redrafting sample provisions

16:40

Effecting Change– The individual– The organization

17:00

End

PROGRAM AGENDA

SEOUL (12th November)• Register before 16th October for just US$888,

and save over US$600! (U.P. US$1,500)

• To book, please visit www.regonline.com/drafting_contracts_korea_2015

• Save 20% more: Register 5 people from your organisation, and the fifth person attends for free

• Price includes a complimentary copy of Ken Adam’s book A Manual of Style for Contract Drafting

TOKYO (17th November)• Register before 16th October for just US$888,


• To book, please visit www.regonline.com/drafting_contracts_japan_2015



SINGAPORE (19th November)• Register before 23rd October for just US$888,


• To book, please visit www.regonline.com/drafting_contracts_singapore_2015



Legal Counsel› Major technology group

› Regional role

Our client is a global technology group well-known for its innovative products and services. Reporting to the Head of Legal, you will be in charge of providing legal advice and support to entities in the Asia Pacific region. This encompasses reviewing and negotiating a wide range of agreements and developing strategies to manage risks. You are a qualified lawyer with at least 3 years of post qualified experience gained in private practice and/ or in-house within a well-established company. Prior exposure to the technology industry is a plus.

Legal Counsel› Financial services industry

› Fast growing company

Our client, an international financial services group, is currently seeking a Legal Counsel to join their Singapore office. Reporting to the General Counsel, you will provide varied legal services including legal advice, preparation of documents, legal negotiation and corporate secretariat. You will work closely with the senior management in identifying and managing legal risks with internal and external counterparts. The successful candidate will have at least 3 years of post qualified experience obtained with a leading law firm or a major firm. In addition, you possess excellent communication and negotiation skills.

Regional Counsel› Newly minted regional office

› Direct reporting to the Global General Counsel

Our client, a highly successful direct selling company with a vibrant and forward looking culture, has decided to establish their Asia Pacific regional office in Singapore. Reporting directly to the Global General Counsel, you will be responsible for providing full legal advice and support, as well as general business advice and risk assessment, to the business in the region. As part of the investment in this highly critical role, overseas training at the headquarters will be provided. You are a Commonwealth qualified lawyer with a minimum of 6 years of general corporate commercial post qualified experience gained in a reputable multinational and/ or law firm.

Please contact Isis Descormiers (Reg. no: R1440080) quoting ref: H2780810 or visit our website.

Please contact Isis Descormiers (Reg. no: R1440080) quoting ref: H2753750 or visit our website.

Please contact Ng Lay Hoon (Reg. no: R1108753) quoting ref: H2777820 or visit our website.

To apply for any of the above positions, please go to www.michaelpage.com.sg quoting the reference number, or contact the relevant consultant on +65 6533 2777 for further details.

LegalSpecialists in legal recruitment

www.michaelpage.com.sg Mic

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SPECIALISTS IN LEGAL RECRUITMENTMICHAEL PAGE LEGAL

Get Connected. Stay Ahead.

DIVERSITY48 ASIAN LEGAL BUSINESSJUNE 2015

A number of law firms in Hong Kong have come together to launch Women in Law Hong Kong (WILHK), a legal community that aims to

provide a networking platform for private practice lawyers, in-house counsel and other legal professionals in the city.

WILHK’s committee currently includes representatives from the following law firms: Ashurst, Clifford Chance, Gall, Goldman Sachs, Harneys, Herbert Smith Freehills, Hogan Lovells, King & Wood Mallesons, Latham and Watkins, Oldham Li & Nie, Paul Hastings and Paul, Weiss.

“Whilst a number of successful female networks have recently been established in Hong Kong, there has been a gap for a united network which is open to women in all sectors of law in Hong Kong,” said Nina Fitzgerald, chairperson of WILHK and a registered for-eign lawyer with Herbert Smith Freehills. “WILHK is one of the first female networks established to integrate not just women in

particular legal sectors but to operate as an umbrella network for all women engaged in the Hong Kong legal profession - including both in-house and private practice lawyers. However, participation in WILHK is not limited to females and we encourage males in the le-gal profession to participate in the network as well as we recognise that male participation is essential to effecting change.”

According to WILHK, the organisation’s mission is to provide a networking platform for women in the legal profession; encour-age collaboration, integration and education amongst law firms and in-house counsel in Hong Kong; foster the development and retention of women in the legal profession;

WOMEn In LAW HOnG KOnG LAUnCHED

bring to the forefront of the industry issues affecting women working in the legal profes-sion in Hong Kong.

Through mentorship programs, events, training and the promotion of best practices, we aim to achieve our mission and provide leadership opportunities, collaboration, education, exchange of ideas, friendship and mutual support amongst members,” said Crystal Antica, vice-chairperson of WILHK and a senior associate with Hogan Lovells, in the statement. “Our ultimate endeavour is to empower our members and facilitate the development and retention of women at the most senior levels of the profession.” For more information, visit www.wilhk.com.

To book please visit www.regonline.com/HKCA2015Book 5 delegates and save an additional 20%.

For further information on delegate places, please contact Sheila at [email protected] or call (65) 6870 3252For sponsorship or speaking enquiries, please contact Amantha at [email protected] or call (65) 6870 3917

www.legalbusinessonline.com/conferences/Competition-Ordinance-2015

WHY YOU SHOULD ATTEND• Beontheknowonhowthecompetitionwillaffectthecompetitive

market of Hong Kong• Learnstrategiesondraftingasoundcomplianceprogrammewiththe

latest competition regime • NetworkwithHongKong’stopcomplianceexpertsandfirms• Understandkeyconceptsofthethreerulesofthecompetition• Establishyourcompanies’credibilityincomplyingtotherequirements

of the competition ordinance

KEY TOPIC HIGHLIGHTS• Investigativepowersandpenalties• Implicationsforthetransportandcommoditiesindustries• BusinessIssuesforin-housecounsel• IssuesofcompetitionlawinAsia• Comparativeanalysisofcompetitionregimeinotherregionsand

jurisdictions• Strategiesandproceduresinsubmittingrequiredeconomicevidence• Currentcasesanalysesofbreachesincompetitionaroundtheglobe

HongKong’snewcompetitionregulationcallsforcompaniestotakecarefulconsiderationoftheirturnoverfiguresandseehowitwillaffectthem.AsianLegalBusiness,commitedtoupholdingtimelyandprofessionaldiscourseofpressingregulatoryupdates,isholdingtheALB Hong Kong Competition Ordinance Forum on7July2015.Thiseventwillhighlightthethreeimportantcompliancerequirementsandwhatcounselandcomplianceexpertsshouldknowabouttheinvestigation,enforcement,andadjudicationprocesses,ensuringfullsecurityforbusinessesinHongKong.

Withparticipationfromseveralcomplianceexperts,legalpractitioners,andmembersoftheacademeandthegovernment,theupcomingALBCompetitionOrdinanceForumissettoprovideagreatplatformfordiscourseonthechallengesandopportunitiesoftheHongKongCompetitionOrdinance.

ONLINELEGALRECRUITMENTSPONSOR

ALBSUPPORTS PRESENTEDBY

HONG KONG COMPETITIONORDINANCE FORUM DATE:7JULY2015

LOCATION:HONGKONG

PROMOTING A COMPETITIVE AND FAIR HONG KONG

KELVINKWOKAssistant Professor of Law and Deputy Director University of Hong Kong

LAWRENCETAN Head of Risk & Compliance,AsiaLend Lease

HUACHEN, Head,DeputyGeneralManager,LegalandCompliance, China Development Bank Hong Kong

SzEKUANSIMVicePresident-LegalAffairs,BracellLimited

EXPERT SPEAKERS INCLUDE:

VALIANTLEE,HeadofCompliance, Fubon Bank

CHEWMAR,HeadofLegal, Standard Bank Group

OTHER SPEAKERS INCLUDE:

SURENDRASINGHCHANDRAWATLegalCounsel,General Corporate

WINNIELEUNGDirector,Compliance&Finance, Pure Search

THE AGE OF INNOVATION: ADDRESSING THE PERILS & PROMISES OF ARBITRATIONMarina Bay Sands / 3RD & 4TH September

In celebrating its centenary year the Chartered Institute of Arbitrators (CIArb) will hold a series of conferences around the world – with the Singapore branch hosting the final celebratory event: “The Age of Innovation: Addressing the Perils and Promises of Arbitration”. The keynote address will be given by The Honourable the Chief Justice Sundaresh Menon, Chief Justice of Singapore, and the current patron of CIArb. Our distinguished speakers will discuss the following topics

• The rise of international arbitration in Asia: A study on successfully blending civil law and common law practices

• To what extent would arbitration users be better served if International Arbitration was more predictable rather than more flexible?

• Averting the “Clone Wars”: Are arbitral institutions doing enough to innovate and differentiate themselves from the competition?

• In what ways can international arbitration be improved? – An in-house counsel perspective

• To what degree will new and innovative techniques and measures enhance the attractiveness of international arbitration?

• The new CIArb guidelines; what you need to know

KEYNOTE SPEAKER

The Honourable the Chief Justice Sundaresh Menon, Chief Justice of Singapore

• Effectively Managing an Investment Treaty Arbitration – an Asian Perspective

This conference is must-attend for every arbitration practitioner and legal counsel involved in international arbitration.

Hear from a distinguished line up of over 40 speakers (including Judges, top arbitration practitioners and arbitrators, and in-house counsel from global MNCs) from across the world including Singapore, Malaysia, Thailand, Korea, Hong Kong, US, UK, France, Qatar and Egypt.For the full list of speakers and programme, go towww.ciarb100.com.sg

Selected sponsorship opportunities are still available – please email [email protected] for more information

PLATINUM SPONSOR GALA DINNER GOLD SPONSORS SILVER SPONSORS

Hill International

BAG SPONSOR LANYARD SPONSOR BINDER SPONSORBRONZE SPONSORS BREAKFAST TALK

SUPPORTING ORGANISATIONS

CILCentre for International Law

National University of Singapore INTER-PACIFIC BAR ASSOCIATION

BOOK NOW TO JOIN THE CHARTERED INSTITUTE OF ARBITRATORS CENTENARY CELEBRATION EVENT!CIArb members, in-house counsel and Event partners can save over SG$300 on their registration pass* – early bird registration open until July 1st. To book, please visit www.ciarb100.com.sg and follow the booking link, or email [email protected] for more information* all event passes include full conference attendance, drinks reception after day 1 of the conference and gala closing dinner on day 2

asian legal business june 2015

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