Allens

17 May 2013

A new standard form of production sharing contract containing significant changes has been issued by the Government of Vietnam for use in Vietnam's upstream oil and gas sector. Partner Marae Ciantar, Senior Associate Theresa Tayabali and Associate Ngoc Anh Tran report.

15 May 2013

Major reform of the Vietnamese retail industry will likely provide greater opportunities for foreign investment in one of the most attractive investment destinations for global retailers. Partner Robert Fish, Senior Associate Linh Bui and Lawyers Chi Ha and Mai Loan Nguyen report.

23 April 2013

Although still light on specifics, a policy articulating China's plans for the development of its coalbed methane reserves has signalled the PRC Government's intention to encourage foreign investment as a way of dealing with the national demand for clean energy. Partner Kate Axup, Senior Associate Wayne Wang and Trainee Solicitor Alice Mok look at the policy's changes that are relevant to international oil and gas companies.

19 April 2013

Media reports have indicated that the European Union is expected to lift all sanctions on Myanmar next week, with the exception of the embargo on arms, in recognition of the 'remarkable process of reform' in the country. The Allens and Linklaters Myanmar team report on this important development.

09 April 2013

The fast pace of reform continues in Myanmar, creating significant opportunities for foreign investors. Partner Marae Ciantar spoke to BRR Media about the recent and upcoming developments in the oil & gas and telecommunications sectors, and what investors can do to prepare.

21 March 2013

There are reports that the Mongolian Government is considering amending its controversial Law on Regulation of Foreign Investment in Business Entities Operating in Sectors of Strategic Importance (colloquially known as the Strategic Entities Foreign Investment Law) to make Mongolia a more attractive destination for private inbound investment. Partners David Wenger and Igor Bogdanich, Senior Associate John Koshy and Lawyer Manduul Altangerel report.

14 March 2013

The High Court of England & Wales recently confirmed that where an employer and employee had signed a compromise agreement to oversee the employees departure, the employer was entitled to withhold a conditional benefit where the employee breached the conditions of the agreement.

13 March 2013

On 11 February 2013, a new regulation on restaurant franchising in Indonesia was issued, in a development intended to reduce the risk of monopolies and encourage equity participation by local businesses.

08 March 2013

Greater levels of foreign investment will be allowed, and registration and approval requirements will be simplified, under proposed changes to Vietnam's regulations on foreign ownership of credit institutions. Partner Robert Fish, Senior Associate Linh Bui and Lawyer Cara Stevens report.

08 March 2013

Following public consultation on the draft revision of the Securities Investment Funds Law, on 28 December 2012, the Standing Committee of the National People's Congress released the final revised Securities Investment Funds Law. The New Fund Law will come into effect on 1 June 2013.

06 March 2013

Some subtle but significant changes have been made to Australia's Foreign Investment Policy. They will directly impact foreign government investors - particularly how foreign government invested banks take security and how foreign government investors participate in investment consortia or funds. Partners Jeremy Low and Marcus Clark and Senior Associate Paul Bernath report.

06 March 2013

On 18 December 2012, the Peoples Bank of China announced its approval of the publication of the China Inter-bank Market Bond Repurchase Master Agreement by the National Association of Financial Market Institutional Investors, which NAFMII later published on 21 January 2013.

05 March 2013

The Hong Kong Government has taken a major step towards developing Islamic finance in Hong Kong.

14 February 2013

The new government in Japan has flagged a major push to revive the Japanese economy. Japan Sector Leader and co-head of Allens' Corporate Finance Practice in Perth, Tim Lester, spoke to BRR Media about the changes, their effect on the Japanese Yen, and outbound investment from Japan

15 January 2013

The Australian Department of Foreign Affairs and Trade has released a report that looks at recent efforts by the Chinese and Australian governments to strengthen cooperation in agricultural sector investment, and finds that the two countries have a mutual commitment to increasing bilateral investment cooperation in that sector and related industries. Partner Kate Axup and Senior Associate Tess Fitzgerald discuss the report's implications, especially in light of Australian community concerns about foreign investors 'buying up the farm'.

14 December 2012

Securities investment funds are currently sold to the public in China through a number of channels - through predominantly commercial banks but also through fund management companies and securities companies. With a view to expanding the range of distribution channels, the CSRC has issued consultation rules proposing to also allow insurance institutions to sell securities investment funds. The consultation period ends on 5 December 2012.

19 November 2012

Policy makers face a major challenge following the global financial crisis in funding the massive global demand for new energy sources and infrastructure.

19 November 2012

To promote foreign investment within China, MOFCOM has issued rules to allow both domestic and foreign investors to contribute equity interests in PRC companies to foreign invested enterprises by way of incorporation or subscription.

07 November 2012

International investors have welcomed the news that Myanmar's new Foreign Investment Law has been approved and is now in force. In this article, members of our Myanmar team (Partners Marae Ciantar and Stuart Bedford, and Lawyer Mostyn Taylor) provide an overview of the new foreign investment regime and its implications for foreign investors.

02 November 2012

The Australian Government has released its Australia in the Asian Century White Paper, its blueprint for Australia's greater integration throughout the region and roadmap to becoming a more prosperous and resilient nation. Partners Erin Feros and Marae Ciantar spoke to BRR Media about other emerging markets within the region, such as Mongolia and Myanmar.

02 November 2012

The Australian Government has released its Australia in the Asian Century White Paper, its blueprint for Australia's greater integration throughout the region and roadmap to becoming a more prosperous and resilient nation. Partner Emma Warren spoke to BRR Media about the vital role that infrastructure will play in harnessing the opportunities and addressing the challenges of the Asian Century.

02 November 2012

The Australian Government has released its Australia in the Asian Century White Paper, its blueprint for Australia's greater integration throughout the region and roadmap to becoming a more prosperous and resilient nation. Partner David Holme spoke to BRR Media about the untapped growth markets in Indonesia, and the opportunities for increased investment.

19 September 2012

Australia is well placed to respond to an increase in gas demand due to Japan's proposed phase out of nuclear power by 2040. Partners Tim Lester and Anthony Patten speak to BRR Media about the recent Fukushima nuclear disaster's influence on Japan's energy policy, how that policy could positively impact LNG suppliers in Australia and elsewhere.

05 September 2012

Allens Legal Guide to Investment in Vietnam provides an overview of Vietnamese laws affecting investment, including coverage of topics such as enterprises, land, securities and contract.

23 August 2012

We recently reported on the easing of US sanctions against Myanmar. In this follow up article, we report on changes to the Australian, EU and Canadian sanctions against Myanmar. Allens Partner Anthony Patten, Linklaters Partner Satindar Dogra and Allens Law Graduate Laura Bellamy provide a brief overview of the changes to these sanctions regimes.

27 July 2012

The US has recently eased its Myanmar sanctions regime to make it possible for US entities and individuals to invest in, and export financial services to, Myanmar for the first time in 15 years. In this article our Myanmar Group provides a brief overview of the changes to the US sanctions regime and anticipated further developments relating to Myanmar.

17 July 2012

Partner David Wenger and Senior Associates Anthony Lepere and John Koshy look at a major resources company's significant announcement that it has filed a notice of investment dispute on the Mongolian Government under the bilateral investment treaty between Singapore and Mongolia.

12 June 2012

In response to increasing growth in foreign investment (especially in the mineral resources sector), the Mongolian Government has moved to regulate foreign investment in sectors of the economy of strategic national importance. Partners Igor Bogdanich and David Wenger, and Senior Associates Anthony Lepere and John Koshy, look at the newly enacted legislation, and its significance for foreign investors

23 May 2012

Recently, as part of its foreign exchange reforms, the People's Bank of China signed a bilateral currency swap agreement with the Reserve Bank of Australia. Partner David Wenger, Senior Associate Wayne Wang and PRC Consultant Scarlet Feng report on the currency swap agreement and the introduction of PRC laws relating to the internationalisation of the RMB

01 May 2012

The new PNG personal property security law has been enacted and, before it comes into force, businesses need to start considering how it will apply to them. In the first of a series of articles on the new law, Partners Steve Pemberton and Vaughan Mills look at the kinds of transactions that will be caught by the new legislation

13 March 2012

Foreign investment companies will be required to gradually divest up to 51 per cent of their shares to Indonesian parties after five years of production, under a revision to the regulations on mineral and coal business activities. Partner David Holme and Senior Associates Brooke Van Gils and Made Satwika report

22 February 2012

New opportunities to establish or invest in a business in China may be opened up following the Chinese Government's release of its amended Foreign Investment Industrial Guidance Catalogue. The new Catalogue took effect on 30 January 2012 and presents an interesting picture of China's economic focus for the next several years. Special Counsel Ross Keene, Senior Associate Adrian Fisher and PRC Consultant Crystal Zhang report

07 February 2012

Personal property securities reform has passed into law in PNG but will not come into force until a security interest registry is established. Partners Steve Pemberton and Vaughan Mills look at the implications of the new law for doing business in PNG

25 January 2012

The Australian Government has used the release of a report on foreign investment and Australian agriculture as an opportunity to reaffirm its support for foreign investment in the agricultural sector and articulate the issues that it considers when applying the national interest test to proposals for foreign investment in the sector. Partner Marcus Clark and Consultant Alan Millhouse report on this and other recent events relevant to foreign investment in Australian agriculture

16 January 2012

A new Civil Code that will significantly change Cambodia's legal framework for a wide range of civil and commercial matters has recently come into force. Partner Marae Ciantar and Lawyer Anne Beresford report.

11 January 2012

The Chinese Government has made further moves towards the internationalisation of its currency with the release of a number of regulations regarding the use of the RMB both in investments made by Chinese companies overseas and, significantly, investments made by overseas companies into the PRC. Special Counsel Ross Keene, Senior Associates Adrian Fisher and Maggie Ma and PRC Consultant Michelle Ding report

10 January 2012

In brief: Hong Kong's pro-enforcement approach to arbitral awards has been confirmed by a recent Court of Appeal decision. It overturns the lower court's order refusing to enforce a PRC arbitral award on the ground of apprehended bias due to the way a 'med-arb' process was conducted. Partner Mun Yeow and Senior Associate Morgana Brady report

23 November 2011

It seems inevitable that the floods currently affecting much of Thailand will give rise to a range of legal issues for both insurers, reinsurers and insureds. Drawing on our experiences following the recent floods in Queensland, Partner Matthew Skinner and Lawyers John Rainbird and Ainsley Reid consider some of the policy issues that can arise in these situations, including the definition of 'flood', underinsurance, and the importance of effective communication between insurers and policyholders

24 October 2011

A proposed new consumer data protection regime will affect all Singapore business sectors, applying a uniform minimum data protection standard to every industry. Senior Associate Jeremy Chase and Lawyer Henry Fraser report.

03 October 2011

Detailed proposals have been announced for Hong Kong's independent Insurance Authority, which will have comprehensive powers regarding insurers and insurance intermediaries. Partner Simon McConnell, Senior Associate Kieran Humphrey and Trainee Solicitor Alice Mok consider its key features and potential impact on the market.

22 September 2011

The PNG Government has announced its intention to reform the laws dealing with security over all property other than land, and has tabled a draft Personal Property Security Bill that will follow the pattern of similar laws introduced in New Zealand and Australia. It will cover a wide range of transactions, including retention of title and equipment leases, not just traditional security interests. It will cover both consumer and commercial transactions. In many cases parties will need to register their interests to ensure they achieve their desired effect. Partners Vaughan Mills and Steve Pemberton look at the draft legislation

01 September 2011

The International Monetary Fund has predicted that the Mongolian economy will this year grow faster than that of China, driven by a surge in international investment. Partners Erin Feros and Igor Bogdanich speak to Boardroom Radio about the opportunities and legal framework that go with investing in Mongolia

31 August 2011

Hong Kong will establish a new Communications Authority as a unified regulator for both the telecommunications and broadcasting sectors, marking the next stage in the Government's long-awaited review and consolidation of the regulatory regime governing the converging telecommunications and broadcasting industries. Partner David Wenger, Senior Associate Adrian Fisher and Trainee Lawyer Ryan Ho report

22 August 2011

The shale gas industry is currently booming in the United States. Partner Darren Murphy spoke to Boardroom Radio about the industry's prospects in the Asia Pacific, in particular Australia, China and Indonesia

27 July 2011

The new Arbitration Ordinance simplifies Hong Kong's arbitration law, unifying the different regimes for 'domestic' and 'international' arbitration. This should strengthen its status as a leading jurisdiction for international dispute resolution. Partner Simon McConnell and Senior Associate Kieran Humphrey discuss the key changes

25 July 2011

The Australian Government has released details of its proposed carbon pricing scheme, which will operate initially like a carbon tax with a fixed (but increasing) carbon permit price and will then transition into a cap and trade scheme after three years. This scheme is set to be implemented in legislation that is to be introduced into the Australian Parliament later this year. Partners Grant Anderson and David Wenger report

21 July 2011

A recent award provides a useful reminder that moral damages are available to individuals and corporations in extreme cases and a clear summary of the standard that must be met if they are to be justified. Partner Matthew Skinner and Lawyer Tim Maxwell report

08 July 2011

The Court of Appeal of Singapore recently upheld a High Court decision that insolvency related avoidance claims are not arbitrable, as they relate to a type of dispute that only the courts can resolve. Partner Matthew Skinner, Senior Associate Justin Simpkins and Lawyer Tom Levi report

29 June 2011

Hong Kong's Court of Final Appeal recently held that no state may be sued in Hong Kong's courts unless the state waives its immunity, and that submitting to arbitration does not constitute a waiver. This will have a major impact on any business wanting to enforce a claim against a state's assets in Hong Kong. For the first time, the court also referred questions about the interpretation of Hong Kong's Basic Law to the standing committee of the National People's Congress in Beijing. Partner Simon McConnell, Special Counsel Nicola Nygh, and Law Graduate Edmund Robinson report on the court's decision

08 June 2011

A new social insurance law in the PRC (to take effect on 1 July 2011) provides, for the first time, an overarching framework for the administration of the five national social insurance funds in the PRC. Partner David Wenger, Senior Associates Ross Keene and Maggie Ma and Consultant Crystal Zhang report on the changes, which will impose greater obligations on employers and the relevant administrative agencies