v11i5_ASIANMENACOUNSEL.pdf - MORI HAMADA ...

MAGAZINE FOR THE IN-HOUSE COMMUNITY ALONG THE NEW SILK ROAD l Volume 11 Issue 5, 2013

www.inhousecommunity.com

INTERACTIVE EDITION

In this issue ...India's Phoenix Legal reports on the Bharat Aluminium case

Piercing the corporate veil in Qatar

Developments in the GlaxoSmithKline bribery allegations in China

Investigative Intelligence: Contract Audits and the new norm

Feature contributorsAbhishek Bhalla is a senior associate based in the Delhi office of Phoenix Legal. He advises

foreign investors and multinational corporations on a wide array of legal issues relating to joint

venture agreements, regulations governing external commercial borrowings, foreign direct invest-

ment policy, company and employment law.

Manjula Chawla is a senior partner at Phoenix Legal. She has over 20 years of experience in

the fields of foreign investment, takeovers, M&A, joint ventures, outsourcing and other com-

mercial transactions.

Kripi Kathuria is an associate in the Delhi office of Phoenix Legal. She focusses primarily on

corporate investments, M&A, legal and regulatory compliance and general corporate matters

including issues relating to labour and employment law, real estate, food and beverage and

exchange control laws.

William Rosoff is the partner in charge of Akin Gump’s Beijing office. His practice focusses on

M&A, general corporate and China related matters, advising on the structuring and negotiation

of mergers, hostile takeovers, cross-border acquisitions and joint ventures. He also advises on

infrastructure projects. Rosoff was formerly senior vice president and general counsel of Marsh

& McLennan Companies and of RJR Nabisco. He is a director of SPARTA Insurance Company,

a member of the Chartered Institute of Arbitrators and is on the General Counsel Panel of

Distinguished Neutrals of the International Institute for Conflict Prevention and Resolution (CPR).

Yuanming Wang is a Senior Counsel with Akin Gump in Beijing and was formerly a prosecutor

in the PRC Supreme People’s Procuratorate. She has extensive experience in Chinese intellectual

property, employment and anti-bribery laws as well as Customs affairs and in advising interna-

tional companies on various regulatory issues in their daily operations in China.

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ISSN 2223-8697

Empowering In-House Counsel along the New Silk Road

About the IN-HOUSE COMMUNITYA mutually supportive community of In-House Counsel helping In-House Counsel and Compliance Professionals meet their ethical, legal and business commitments and responsibilities within their organisations.

The In-House Community comprises over 20,000 individual in-house lawyers and those with a responsibility for legal and compliance issues within organisations along the New Silk Road, who we reach through the annual In-House Congress circuit of events, AsIAn-menA Counsel magazine and Weekly BrIefIng, and the In-House Community online forum.

Join the Community at www.inhousecommunity.com/jointhecommunity.php

www.inhousecommunity.com2 ASIAN-MENA COUNSEL

In this issueVolume 11 Issue 5, 2013

4 The Briefing Review a round-up of the latest moves and deals making headlines around the

region and take a look at our Deal of the Month. Itching for a change? Take a look at our in-house opportunities from top

recruiters along the New Silk Road.

18 Investigative Intelligence: Contract audits – the new norm Peter Glanville of Kroll discusses the value of undertaking a contract audit.

19 Ear to the Ground: Recent Developments in Chinese Anti-Bribe-giving laws and enforcement

William Rosoff, corporate partner and partner in charge, Akin Gump, Beijing and Yuanming Wang, Senior Counsel with Akin Gump and formerly a prosecutor in the Civil and Administrative Procuratorate Department of the Supreme Procuratorate of China take us through some of the developments in the bribery arena in China, in the aftermath of the GlaxoSmithKline bribery allegations.

18

19

Special Report: Representing Corporate Asia & Middle East Survey 2013

22 Representing Corporate Asia & Middle East Survey AsiAn-menA Counsel’s 7th annual survey, which remains the largest and most objective survey of its kind,

contains the views and concerns of the In-House Community as they weigh in on, amongst other things, the factors which influence their selection of external counsel.

51 AsiAn-menA Counsel’s In-House Community Firms of the Year 2013 A run-down of the winning firms from around the ASIAN-MENA region as voted for by the In-House

Community. The list comprises the winners and honourable mentions broken down by jurisdiction and sector.

62 Responding to change AsiAn-menA Counsel talks to the Managing Partners of some of the firms which won this year’s accolade for

most responsive firm of the year, as voted for by the In-House Community. Read on to find out how these firms managed to outpace their peers, as well as the ways in which they are striving to meet the changes brought about by a shifting legal panorama.

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SPECIAl FEATuRE67 Making a Case for change in foreign arbitrations Manjula Chawla, Abhishek Bhalla and Kripi Kathuria of Phoenix Legal examine

the impact of India’s Bharat Aluminium case on foreign arbitrations.

70 JuRISDICTION uPDATES Key legal developments affecting the In-House Community along the

New Silk Road

New import rules for cell phones in Indonesia By Christina Natalia Soela of SSEK

lifting or piercing the corporate veil By David Salt and louise Verrinder of Clyde & Co

Saudi Arabia visa amnesty update By Sara Khoja and Antonio Michaelides of Clyde & Co

Working with ‘Inter Partes Review’ By Sungho Hong of Lee International

Study reveals Middle East M&A and JV trends By Philip O’Riordan and John O’Connor of Clyde & Co

Development trends in the regulation on goods distribution and trading activities conducted by foreign traders By Bui Minh Hoang of Indochine Counsel

76 AsiAn-menA Counsel Direct Important contact details at your fingertips.

AsiAn-menA Counsel is grateful for the continued editorial contributions of:

Hong Kong and China, shareholders’ agreements, employment advice, personal injury defence and claims work, and asset sale and purchase. Swartz specialises in M&A and private equity, as well as public companies and capital formation. She has a particu-lar focus in corporate finance, Securities & Futures Commission of Hong Kong enquiries, licensing and enforcement, restructuring, joint ventures and HKSE enquiries.

Minter Ellison Hong Kong has appointed Christian Pellone as a part-ner to spearhead the development of the firm's tax capability in the region. Pellone is a 20-year international tax veteran who has lived and worked in Australia, Hong Kong, the UK, Indone-sia, and mainland China. He was for-merly the global tax desk leader for Asia Pacific at Ernst & Young and has advised

many multinational companies on tax-effective structuring and risk management in the Asia Pacific region. He also spent three years as the European tax director for a Fortune 300 company. Pellone offers clients a mix of professional tax advisory experience as well as a practical understanding of the issues, challenges and needs of in-house tax departments. He has particular expertise in double tax treaty application and interpretation, and has liaised and worked with the OECD and leading European QCs on treaty-related matters.

Simmons & Simmons has expanded its asset management and investment funds group with the appointment of Gaven Cheong as partner. He commenced at the firm on August 19, 2013 and he will be based in the firm’s Hong Kong office. Cheong focusses on investment funds and regulatory work, and he has acted for a number of international investors on cross-border and domestic transactions. He joins from Sidley Austin (Hong Kong), where he was counsel covering investment funds and litigation. Prior to this role, he was a solicitor at the Hong Kong offices of both Clifford Chance and Herbert Smith.

Howse Williams Bowers has expanded its practice with the addition of banking and finance part-ner Jonathan Silver who joins from Norton Rose Fulbright’s Hong Kong office. He has specific experience in ship finance, project finance, aircraft finance, acquisition finance, structured trade and commodity finance and general banking. Silver works with major European, HK, PRC, US and other international banks, Asia-based export credit agencies, finan-

AUSTRALIA

K&L Gates has added Edward Nixey and Glenn Hughes to the firm’s Sydney office as partners in the corporate and transactional practice. They join from Ashurst and Henry Davis York, respec-tively. Nixey advises domestic and inter-national clients on public/private M&A, equity capital markets, and securities regulation. He has extensive experience in a range of transactions, particularly in the resources and infrastructure sec-tors, including takeovers, schemes of arrangement, private treaty acquisitions and disposals, capital raisings, joint ven-tures, and private equity investments. Nixey represents foreign investors, ASX-listed entities, and private equity managers, as well as receivers, manag-ers, and administrators, whilst Hughes concentrates his practice on M&A with a particular focus on private equity. He has advised on numerous buy and sell side M&A deals, equity capital raisings, joint ventures, and restructuring transactions.

Clayton Utz has appointed David Ephraums as a partner in the firm's superannuation practice. He began his career in private practice and has over 25 years' experience in the financial services sector, including senior in-house legal roles with BT Financial Group, UBS Global Asset Management and AMP. His legal and industry experience spans financial services, funds management,

superannuation, life insurance, portfolio services, financial advice and distribution, and retail banking, including advice on govern-ance and compliance issues.

HONG KONG

Bryan Cave has expanded its Hong Kong presence with the appointment of Nigel Binnersley and Kristi Swartz as partners. Binnersley will practice with the firm’s commercial litigation client service group whilst Swartz will practice with the transactions client service group. Binnersley acts both in litigation and com-mercial matters, with an emphasis on international trade and carriage disputes involving commercial litigation in the courts and arbitration/mediation, conflict of law disputes, maritime, insur-ance, and asset finance. On the commercial side, he advises on joint ventures, foreign direct investment, setting up businesses in

M O V E S

The latest legal appointments around Asia and the Middle East.

Christian Pellone

David Ephraums

Edward Nixey

Glenn Hughes

Jonathan Silver

The Briefing


Singapore Office: 24 Raffles Place, #17-06 Clifford Centre, Singapore048621 | Tel: +65 6236 0166 Licence no. 07C5739

Hong Kong Office: Unit A, 20/F, 9 Queen's Road Central, Central, Hong Kong | Tel: + 852 2526 2981

Global Compliance Manager (10+ PQE), SingaporeRare opportunity for a compliance specialist to join a renowned technology company. Based in Singapore, this is an exciting role where the successful candidate will work on matters in any country across the globe with primary responsibility for compliance in SE Asia and the PRC. The candidate will be responsible for detecting and investigating potential breaches, and making recommendations to ensure future compliance. Within Asia, the candidate will deliver training to local employees and management on both regulatory and internal governance guidelines and practice. Familiarity with UKBA and FCPA, anti trust, bribery and corruption a must, as is a willingness to travel. Fluent Mandarin would be ideal and proficiency in Bahasa an added advantage. [A9938]

Senior Counsel (10+ PQE), SingaporeEnergy company seeks a lawyer with no less than 10 years experience, gained in private practice or in-house in Singapore. The successful candidate will be part of a regional legal team, supporting primarily downstream activity including marketing and production. The ideal candidate would be someone with experience in the energy and/or projects sector. The role requires a mature individual with the ability to understand and manage commercial as well as regulatory considerations. This is a unique opportunity to join a world class organisation which offers ample training and professional development for its employees. [A8853]

Investigations Counsel (10+ PQE), SingaporeHealthcare giant is recruiting a senior investigations counsel to manage internal investigations of potential violations by employees and business partners of relevant legislation and internal policies and provide anti-corruption, enforcement and healthcare compliance advice. You should have strong experience in litigation and in conducting complex and sensitive internal investigations. Based in Singapore, the role will involve significant travel throughout APAC. [A9937]

Legal Counsel (10+ PQE), SingaporeA globally-ranked educational institute seeks a lawyer with at least 10 years PQE to join them in a role based in Singapore. The ideal candidate should have a strong corporate commercial background, and experience in intellectual property issues would be advantageous. Candidates should be able to work independently, and possess strong communication and interpersonal skills. Candidates called to the Singapore Bar are strongly preferred. [A3211]

Specialist Company Secretariat (5+ PQE), SingaporeOur client, a blue chip Fortune 500 company is looking to hire a mid to senior level resource to manage their company secretariat services on a project basis spanning two years. Working closely with key leaders in the business, responsibilities include handling a range of corporate secretarial matters including completing and lodging statutory forms, arranging board meetings, circulating resolutions and documents and maintaining corporate secretarial records. Strong corporate secretarial experience gained in an MNC or top tier law firm. Candidates with ICSA qualifications preferred. Competitive remuneration offered. [A9934]

ISDA Team Leader (4+ PQE), SingaporeNewly created role! Join a global bank as the team leader of its Singapore documentations team. You will be responsible for the preparation, negotiation and execution of all traded markets documentation (including ISDA Master Agreement, Credit Support Annex, IFEMA, GMRA, GMSLA, FX Master Agreement) with clients across APAC. You will also manage the day-to-day operation of a team of documentation negotiators. The ideal candidate should have strong technical knowledge and good experience in ISDA negotiations and derivative products. Some management experience is preferred. An exciting opportunity for a mid-level lawyer! [A10214]

Patent Attorney (3, 4 PQE), SingaporeOur client, a lead government agency seeks a Patent Attorney to join its dynamic and growing legal team. The successful candidate should be a Singapore Registered Patent Agent with at least 3 years of work experience gained either in a law firm or in-house. Excellent written and oral communication skills are required. [A10086]

Legal Manager (4-7 PQE), Kuala Lumpur, MalaysiaOne of the world’s largest healthcare companies seeks a Malaysian-qualified lawyer with at least 4 years PQE to join them in a role based in Kuala Lumpur, Malaysia. The successful candidate’s responsibilities will include advising on a range of commercial matters including sales and marketing activities, negotiating and managing risks in all business transactions, overseeing litigation matters that may arise and protecting the company’s IP in Malaysia. The ideal candidate should be dynamic and ambitious. Prior experience working in a large MNC would be advantageous. [A10085]

Attorney (5-8 PQE), Jakarta, IndonesiaOur client is a global leader in engineering within the offshore energy industry. They are looking to hire a legal counsel to be based in Indonesia. The role will be supporting the Indonesian business activities with a focus on the execution of an upcoming deep water project. The ideal candidate should be Indonesian qualified with relevant experience in offshore/subsea oil & gas contracting. Fluency in English and Bahasa Indonesia is mandatory. Must be able to travel on short notice. [A10209]

ASEAN Counsel (10+ PQE), Bangkok, ThailandJoin a leading US MNC in a role based in Bangkok, Thailand! Acting as a strategic business partner, the counsel will have legal and compliance responsibilities covering the company’s business in ASEAN with country focus on Thailand, Myanmar, Vietnam and Cambodia. Responsibilities include providing advice to the country management teams and senior regional leaders on commercial issues, emerging market opportunities, strategic direction and risk mitigation. The successful candidate will be involved in drafting, reviewing and negotiating business agreements, advising on regulatory, privacy, anti-trust matters and providing compliance advice. Thai language skills an absolute must for this role. [A9935]

cial leasing companies, ship owners and operators, trading com-panies and shipyards. He is fluent in English and Mandarin and speaks conversational Cantonese.

JAPAN

Orrick, Herrington & Sutcliffe has appointed Edward "Ted" S Johnson as a partner in its M&A and private equity practice group based in the firm’s Tokyo office. Johnson, a leading corporate and M&A lawyer in Japan, was formerly a partner with Paul Hastings where he was managing partner of the Tokyo office. He counsels multinational com-panies and private equity funds in struc-turing and negotiating cross-border mergers and acquisitions, joint ventures, restructurings and other strategic transactions. He also represents clients in dispute resolution and compliance matters involving the Foreign Corrupt Practices Act and other anti-corruption, regulatory and competition law issues. Johnson represents clients across a wide range of sectors including tel-ecommunications and media, pharmaceuticals and biotechnol-ogy, manufacturing, power, retail, hotels and real estate, finance and education.

SINGAPORE

K&L Gates LLP has appointed Lian Yok Tan and Nicholas Hanna as partners in the energy and corporate/M&A practices, respectively, in the firm’s Singapore office. Tan arrives from White & Case whilst Hanna joins from Watson, Farley & Wil-liams. Tan advises government bodies, banks, and corporations throughout Asia on project development and financing in the energy, infrastructure, power, mining, and oil and gas sectors. She also advises clients on M&A, commercial trade matters, structured and asset financings, and private equity transac-

tions. Counselling clients in the oil and gas, mining, energy, and resort sectors throughout the Asia Pacific region, Hanna advises on Main Market and AIM listings on the London Stock Exchange, capital raising, private equity transactions, and complex contractual commercial disputes that focus on international trade, oil and gas, and intellectual property.

Morrison & Foerster has appointed Jake Robson and Adam Summerly as partners to continue the expansion of the firm’s newly opened Singapore office. Both partners will join from the Singapore office of Norton Rose Fulbright. Robson and Sum-merly, who have been based in Singapore for eight and 14 years, respectively, are veteran deal advisers with substantial experience handling inbound, outbound and intra-regional transactions across South and Southeast Asia. Robson’s practice is focused on M&A,

private equity, cross-border investment, joint ventures and asset-based deals throughout Asia. He also handles capital markets transactions representing issuers and underwriters in public secu-rities offerings in the region. He is admitted to practice in England and Wales. Summerly advises on a wide range of corporate trans-actions, including M&A, private equity, cross-border investment and JVs, primarily in the infrastructure, transportation, natural resources, telecommunications and oil and gas sectors. He is admitted to practice in England and Wales as well as Hong Kong.

Sidley Austin has appointed Tju Liang Chua as a partner in the firm's international energy practice in Singapore. The firm also added Nicholas Grambas to its project finance and infrastruc-ture practice. Chua has extensive experience in the energy and natural resources sectors. He advises clients on complex inter-national cross-border transactions, including some of the most significant energy M&A deals between Asia and the Americas. He also handles energy and natural resources-specific matters, including LNG and crude oil sales agreements and production sharing contracts. Grambas joined Sidley Austin on 1st August from Gilbert + Tobin in Australia. With extensive experience gained from a career as an investment banker and a lawyer, he brings to the table an international track record which has seen him work in Asia, Australia, Europe and the Middle East.

THAILAND

Weerawong, Chinnavat & Peang-panor has appointed Veeranuch Thammavaranucupt as a partner in its capital markets group. She joins from a major telecommunications pro-vider operating mobile phone services in Thailand, where she was senior vice president, general counsel. Previously, she was a partner at Linklaters (Thai-land) and, prior to that, was at Freshfields. She specialises in securitisation, M&A, debt capital markets, and a broad range of other capital markets work. She was also a member of the Takeover Panel of the Securities and Exchange Commission of Thailand.

AMC

Lian Yok Tan

Veeranuch

Thammavaranucupt

Edward

S Johnson

Erratum:The statistics for the number of lawyers at Al Tamimi which appeared in the Middle East Report cover story in last month's edition of AsiAn-menA Counsel, Vol 11 Issue 4, were misleading.

The number of lawyers at Al Tamimi related strictly to the UAE when it should have, in context, referenced the wider region.

In fact, Al Tamimi has 273 lawyers (and not 136) as men-tioned in the article. The statistics were quoted in error.

Our sincere apologies.

The Briefing


In-HouseHEAD OF LEGAL - FUNDS HONG KONG/SINGAPORE 8+ yearsWell-regarded US asset management firm seeks a Head of Legal for its Asian operations. You will have broad asset management experience, ideally from an in-house environment in Asia. Good commercial acumen essential. This position may be based in HK or Singapore. AC4266

DERIVATIVES/BANKING/FUNDS HONG KONG 5-8 yearsGlobal i-bank seeks a mid to senior level lawyer to be based in HK to provide legal support for its businesses in China. The role will cover cross-border derivatives, lending, ISDA, QDII, QFII & regulatory matters. Strong PRC exposure is essential. Fluent English & Mandarin essential. AC4259

M&A/INSURANCE HONG KONG 8+ yearsGlobal insurance broker seeks a senior corporate M&A lawyer ideally with some insurance background to join its regional legal team. You will be at least 8 years qualified & have fluent Chinese drafting skills. Excellent remuneration package & opportunities for travel. AC4263

DCM HONG KONG 5-10 years Global bank with major expansion plans in Asia seeks a DCM lawyer to advise the business on legal & transaction management on DCM-related matters for Asia. You will have at least 5 years’ DCM experience, commercial acumen & ability to handle direct client facing work. AC3594

CORPORATE FINANCE HONG KONG 6-12 yearsIn-house opportunity for corporate finance lawyers with strong listed company compliance experience. In-depth knowledge of the regulations of listed companies & strong communication skills are essential. Fluent spoken & written English & Chinese required. Good hours. AC4296

GENERAL COMMERCIAL HONG KONG 5-8 yearsWell-established HK-based conglomerate seeks a mid to senior level commercial lawyer to join as a legal counsel. Extensive commercial experience from a law firm or prior in-house experience & fluent Mandarin are essential. Excellent career prospects & good hours. AC4301

Globally-renowned luxury brand seeks a mid-level in-house legal counsel for its HK office. This is a brand protection role & candidates should have solid experience in IP enforcement work. Experience in internet-related IP work a distinct advantage. Chinese skills essential. AC4271

HEAD OF LEGAL CHINA SHANGHAI 12+ yearsEuropean bank seeks to recruit a Head of Legal for its China operations based in Shanghai. Managing a team & reporting to the GC based in HK, the role will have broad coverage including corporate client services, treasury, retail & commercial banking. Fluent Mandarin essential. AC4252

Global compliance consultancy seeks a senior principal consultant to advise financial institutions/hedge funds on compliance requirements in HK. You will have a minimum of 6 years’ experience serving in a compliance/SFC advisory role, strong analytical skills & native level English. AC4311

VP, REGULATORY AFFAIRS HONG KONG 8-15 yearsGlobal financial services company seeks a Vice President, Regulatory Affairs to be based in HK. You will be responsible for analysing regulatory frameworks in Asia. Ideally, you have at least 8 years’ experience working with securities or banking laws. Fluent English essential. AC4269

COMMERCIAL HONG KONG 5+ yearsGrowing MNC/technology specialist seeks a legal counsel based in HK to be responsible for its growing business in Asia. You will be involved in general commercial work & those with IT experience will have a distinct advantage. Fluent spoken & written Mandarin essential. AC3978

LUXURY BRAND HONG KONG 3-5 yearsLuxury brand seeks a mid-level lawyer to join its legal team in HK. You will be responsible for negotiating & drafting commercial contracts & lease agreements & handling compliance matters & ad hoc projects. Regional exposure & good work/life balance on offer. AC4318

IP LUXURY BRAND HONG KONG 2-4 years

SENIOR COMPLIANCE HONG KONG 6-10 years

COMPLIANCE I-BANK SINGAPORE 6-11 yearsLeading European bank seeks a candidate with significant compliance experience, preferably within the banking industry. Ideally, you are familiar with the Banking Act, SFA, FAA & other regulatory notices & guidelines in Singapore. High calibre team. AC4309

Global giant in asset management seeks a mid-level lawyer for its HK team. The role covers the Asia region & will involve dealing with a broad range of products investing in a variety of asset classes. Candidates must have solid experience in authorized funds & fluent Chinese. AC4275

FUNDS LEGAL COUNSEL HONG KONG 5-7 years

This is a small selection of our current vacancies. Please refer to our website for a more comprehensive list of openings.Please contact Lindsey Sanders +852 2537 7409, [email protected] or Chris Chu + 852 2537 7415, [email protected]

or Jenny Law +852 2537 7448, [email protected] or e-mail [email protected]

www.lewissanders.com

AUSTRALIA

Clifford Chance has advised the Waterhouse family in respect of the sale of Australian online betting company tomwaterhouse.com to the UK's William Hill. Tomwaterhouse.com was established in 2010 and is one of Australia's fastest growing wagering and sports betting businesses, led by managing director Tom Waterhouse. The Waterhouse name has been synonymous with betting and racing in Australia for more than a century. Tom Waterhouse himself is a fourth-generation bookmaker and a member of Australia's most famous racing family. William Hill is one of the world's leading betting and gaming companies. Founded in 1934, it is now the UK's largest bookmaker with around 2,400 licensed betting offices and is a member of the FTSE100. On completion, tomwaterhouse.com will become part of William Hill Australia. Tom Waterhouse will remain as managing director of tomwaterhouse.com and will work closely with William Hill’s Australian management team. Partner Lance Sacks also led the transaction.

CHINA

K&L Gates has represented leading Chinese social networking company Renren Inc, which is often referred to as "the Facebook of China", in respect of its agreement to sell shares of its Groupon-like subsidiary Nuomi Holdings Inc to Chinese internet search provider Baidu Inc, also known as "the Google of China". Baidu and Renren jointly announced on 23 August 2013 that Baidu Holdings Ltd, a subsidiary of Baidu, and Renren have entered into a definitive agreement, pursuant to which Baidu Holdings Ltd will acquire newly issued ordinary shares representing approximately 59 percent of the equity interest in Nuomi Holdings Inc, a wholly-owned subsidiary of Renren, for US$160 million in cash. Subject to the satisfaction or waiver of the closing conditions provided in the

agreement, the parties expect to close the acquisition in the fourth quarter of 2013. Partners Wilson Chu and Jessica Pearlman advised on the matter.

Proskauer has represented CCB International as the lead initial investor in respect of a US$200 million guaranteed secured senior notes issued by HKSE-listed Zhuguang Holdings Group Company Ltd, a property development and investment company based in Guangdong, China. In consideration of the purchase of the senior notes, the issuer also issued to the initial investors warrants representing aggregate exercise price of US$40 million. Partner Jay Tai led the transaction.

Conyers Dill & Pearman has advised NetDragon Websoft Inc and 91 Wireless, the largest third-party distributor of apps in China by active users, in respect of a US$1.9 billion takeover by Baidu Inc, owner of the largest search engine in China. Baidu has agreed to buy 91 Wireless for US$1.9 billion from NetDragon, a Cayman Islands company listed on the HKSE, and certain other shareholders. The transaction constitutes a very substantial disposal and a connected transaction and is subject to the approval of NetDragon's independent shareholders. Partner David Lamb led the transaction. Han Kun Law Offices, led by Charles Li, Estella Chen, Gloria Xu and Rae Liu, advised Baidu.

HONG KONG

Davis Polk has also advised Poly Real Estate Finance Ltd, a wholly owned subsidiary of Poly Real Estate Group Co Ltd (Poly Real Estate), in respect of its Regulation S offering of US$500 million 4.5 percent guaranteed bonds due 2018. The bonds will be listed on the HKSE. Poly Real Estate is a leading property developer and the largest state-owned real estate company in China. Its ordinary shares are listed on the Shanghai Stock

D E A L S

Featured below are some recent headline deals from across Asia and the Middle East

Exchange. The bonds were guaranteed by Poly Real Estate's wholly owned subsidiary Hengli (Hong Kong) Real Estate Ltd. The bonds were supported by a keepwell deed and an equity purchase undertaking from Poly Real Estate, and a keepwell deed from China Poly Group Corporation, the parent company of Poly Real Estate. Partners Paul Chow, Eugene C Gregor and John D Paton led the transaction. Poly Real Estate was advised by Maples and Calder led by partner Christine Chang as to BVI law and DeHeng Law Offices as to PRC law. The Hongkong and Shanghai Banking Corporation Ltd and CITIC Securities Corporate Finance (HK) Ltd were the joint global coordinators, and, together with Credit Suisse Securities (Europe) Ltd, Deutsche Bank AG Singapore Branch, ICBC International Capital Ltd, ICBC International Securities Ltd, The Royal Bank of Scotland PLC and UBS AG Hong Kong Branch, the joint book-runners and joint lead managers. The joint global coordinators, joint book-runners and joint lead managers were advised by Linklaters as to Hong Kong law and Jingtian & Gongcheng as to PRC law.

INDIA

Desai & Diwanji advised a consortium of lenders led by State Bank of India in respect of the financing of a 1200 MW coal fired thermal power plant of Jindal Power Ltd at Village Tamnar, Raigarh District of Chhattisgarh. The project cost is INR7740 crores (US$1.26b). The financing documents were executed on 24 July 2013.

SAUDI ARABIA

Latham & Watkins has advised Al Rajhi Banking and Investment Corporation, Arab National Bank, Boubyan Bank, Banque Saudi Fransi, Credit Agricole Corporate and Investment Bank, Gulf Bank KSC, National Bank of Kuwait and The Saudi British Bank in respect of the US$2.3 billion financing for Al-Etisalat Al-Mutanakilah Al-Saudia Company (Zain KSA). The facility is one of the biggest Murabaha facilities seen in the region this year. Partner Craig

The Briefing


www.puresearch.com Singapore | Hong Kong | London

Making the right one for you is what matters.

In-House

Liam Richardson +852 3469 5207

In-House

Rebecca Collins +65 6809 5082

Life is about choices

Nethercott led the transaction. Zain KSA was advised by Clifford Chance partner Peter Avery.

SINGAPORE

Rajah & Tann is advising Synear Food Holdings Ltd in respect of its proposed voluntary delisting from the Main Board of the SGX-ST and the exit offer by UBS AG Singapore Branch, for and on behalf of Fortune Domain Ltd, to acquire all the issued ordinary shares in Synear's capital, other than those already held, directly or indirectly, by Fortune Domain at the date of the exit offer. Last 15 October 2012, Synear and Fortune Domain jointly announced a proposal by Fortune Domain for the delisting and the exit offer in connection with the delisting. The exit offer is valued at approximately S$106.4 million (US$83m) and Synear is valued at approximately S$255.8 million (US$199.6m). Synear was incorporated in Bermuda and has been listed on the Main Board of the SGX-ST since August 2006. It is based in Henan Province, People's Republic of China, and is, together with its subsidiaries, engaged in the production

of quick freeze food products. Partners Howard Cheam and Soh Chai Lih are driving the transaction.

THAILAND

Weerawong, Chinnavat & Peangpanor has represented PACE Development Corporation Public Company Ltd, a major high-rise and luxury property developer in Thailand, in respect of their IPO and listing of investment units on the Stock Exchange of Thailand (SET). The offering involved 600 million shares set at US$0.11 per share and was valued up to US$70 million. Asia Plus Securities Plc, Country Group Securities Plc, and SCB Securities acted as the lead underwriters with seven co-underwriters, namely Globlex Securities, KGI Securities (Thailand) Plc, CIMB Securities (Thailand), Capital Nomura Securities Plc, Thanachart Securities Plc, Bualuang Securities Plc, and Finansia Syrus Securities Plc. The IPO started trading on the SET on 7 August 2013. Partner Peangpanor Boonklum led the transaction.

VIETNAM

DLA Piper has advised Fortescue

Metals Group (FMG) in respect of a US$1.5 billion investment in its FMG Iron Bridge Joint Venture, which was established to develop the FMG Iron Bridge Project. The deal will see Formosa Plastics Group (Formosa) acquire a 31 percent interest in the JV. Formosa is Taiwan's largest private company whilst FMG is listed in the S&P/ASX30 share index and is the world's fourth largest iron ore producer. The FMG Iron Bridge Project encompasses the world-class North Star and Glacier Valley iron ore deposits, located 100km south of Port Headland in Western Australia. The project is underpinned by a combined iron ore resource of 5.2 billion tonnes. Under the arrangements, Formosa will fund construction of Stage One of the project, which will commence on completion of the transaction. The company will also participate in Stage Two and will agree to purchase up to three mtpa of iron ore at market prices to supply its integrated steel mill at Ha Tinh in Vietnam, when commissioned. Partners Jim Holding and Stephen Webb led the transaction.

D E A L S

Return by fax to: (852) 2575 0004 or Email: [email protected]

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The Briefing


Gladys ChewIn-House Hong Kong

Head of Legal Hong KongHong Kong investment bank seeks a new Head of Legal to manage its growing legal team and to advise its expanding investment banking business in Hong Kong and mainland China. Mandarin language skills are essential coupled with a strong knowledge of IB products. Ref: 187800.

VP - Funds Hong KongHong Kong asset management firm seeks an experienced funds or asset management lawyer to advise on a wide range of mutual funds spanning all asset classes. Mandarin language skills are highly preferable although not essential. Ref: 191630.

M&A Hong KongGlobal insurance company seeks a legal counsel to join their expanding legal team. Based in Hong Kong, you will be overlooking the APAC region, handling a mix of corporate M&A, general commercial and insurance related work. Chinese language skills are required. Ref: 191980.

Internet (IP) Counsel Hong KongUnique opportunity to join this global luxury brand to assist on all IP enforcement matters, focusing on online anti-counterfeiting/enforcement matters in Greater China and APAC region. Strong IP and brand enforcement experience essential. Mandarin language skills required. Ref: 191880.

Commercial Hong KongUS company seeks a qualifed lawyer to assist on all legal affairs in the APAC region. You will be reviewing commercial contracts, supporting IP activities, preparing templates and legal policies. Great regional exposure with good work/life balance on offer. Mandarin essential. Ref: 192000.

FMCG Manufacturing SingaporeWell known MNC in the FMCG manufacturing industry is looking to establish a presence in the region. Candidates should have at least 8 years of experience and be a generalist in-house. This will be a sole contributing role. Candidates can expect 30-40% of travelling. Ref: 191981.

Pharmaceutical SingaporeOur client is seeking a General Counsel to come on board. This is a leadership and management role for a generalist lawyer. Previous past litigation and dispute resolution experience and skills would be looked upon favorably. Candidates must have prior managerial experience. Ref: 191661.

Telecoms SingaporeOur client is expanding the legal team in the region and seeks a transactional lawyer to come on board. Candidates should have experience in cross border finance, corporate and M&A transactions. Work experience with large international law firms would be viewed favorably. Ref: 191461.

Manufacturing SingaporeOur client is expanding in Asia and looking for a general corporate commercial lawyer to support the business in South Asia. You should have 5-8 years’ international experience in a reputable law firm (with a focus on corporate and commercial matters) and/or in-house. Ref: 192421.

Manufacturing MalaysiaOur client, a leading UK MNC in the manufacturing industry, is looking for a regional legal counsel, reporting to the APAC GC in Singapore. You should be a Malaysian qualified lawyer with general legal corporate/commercial experience and prior MNC experience. Ref: 192301.

THE SR GROUP : BREWER MORRIS . CARTER MURRAY . FRAZER JONES . SR SEARCH . TAYLOR ROOT LONDON . DÜSSELDORF . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE

Please note our advertisements use PQE purely as a guide. However, we are happy to consider applications from all candidates who are able to demonstrate the skills necessary to fulfil the role.

EA Licence No: 12C6222

North Asia Roles South Asia Roles

Your reputation matters. So does ours. For nearly 25 years, we’ve worked hard to gain the respect and trust of clients and candidates by setting the highest professional standards in legal recruitment. So whether you’re recruiting or considering your next career move, you can be confident that our consultants will live up to their promises. Visit our website taylorroot.com or get in touch with our team: For legal roles in Singapore, call Gladys Chew on +65 6420 0500 or email [email protected] For legal roles in Hong Kong, call Hayden Gordine on +852 2973 6333 or email [email protected]

Expect us to live up to our reputation

taylorroot.com@TaylorRootLegal

The Briefing


The (phos)phate of fertilisers in Saudi Arabia

Firms involved:• Latham&Watkins• SimpsonThacher&Bartlett• HatemAbbasGhazzawi&Co

Deal Value: US$7 billion

AsiAn-menA Counsel Deal of the Month

D E A L S

In a landmark US$7 billion deal that will bring key benefits to the region, the Saudi Arabian Mining Company (Ma’aden), the Mosaic Company and the Saudi Basic Industries Corpo-

ration (SABIC) finalised a deal on August 21st to build one of the world’s largest fully integrated phosphate fertiliser facilities. The production facility will be situated in Wa’ad Al Shammal Mineral Industrial City in the Northern Province of the King-dom, and production will commence in late 2016.

Latham & Watkins acted on behalf of Ma’aden, with partners Glen Ireland, Salman Al-Sudairi, Les Carnegi and Jocelyn Noll lead-ing the team. Simpson Thacher & Bartlett represented Mosaic with Eric Sweedenburg spearheading the transaction; and their local counsel was Hatem Abbas Ghaz-zawi & Co with lead partner Ali W Abedi whilst SABIC used their in-house team.

The three entities bring to the table a considerable cache of talent, with Ma’aden responsible for substantial experience in the mining industry. SABIC is a global giant in the chemical industry and will additionally shore up its significant marketing

By Aparna Assomull Bundro

capabilities. Lastly, Mosaic is one of the world’s largest producers of phosphate fertilisers and will leverage its wide-ranging technical and operating skill-set in the development of the project.

The deal is also significant for creating a number of opportunities in the northern and eastern regions of Saudi Arabia and is expected to generate at least 15,000 job opportunities,

increase training and employment in the area and will addition-ally assist the growth of SME’s in the region.

Development is already underway at the site and construc-tion in the housing and railway sector will begin before the end of the year.

or How to make a successful acquisition in the USA

A Corporate Journeyto the West

• www.acorporatejourneytothewest.com

These are a small selection of our current vacancies. If you require further details or wish to have a confidential discussion about your career, market trends, or would like salary information, then please contact one of the following consultants in Hong Kong:Andrew Skinner, Jennifer Donnelly, Michael Godby or Nisha Chugh.

(852) 2920 [email protected]

Hong Kong Singapore

(65) 6557 [email protected]

Beijing

(86) 10 6567 [email protected]

Hong Kong • Singapore • Bei j ing • Shanghai

GROUP LEGAL/COM SEC Hong Kong 8 - 10+ PQE

Our client is looking to appoint a senior lawyer to lead and manage the legal and company secretarial functions for their regional operations. Responsibilities will include a broad range of corporate & commercial matters, litigation, M&A and company secretarial duties. Demonstrable working knowledge with SFC and HKEX regulations and substantive legal experience is essential. Fluent ability to read and write Chinese required. (IHC 9424)

FIXED INCOME DERIVATIVES Singpore 7 – 10 PQE A global bank is seeking an experienced lawyer. This role will advise on legal and risk management for various structured products with emphasis on credit, foreign exchange, interest rates and commodity-linked derivatives. The successful candidate must have solid knowledge of the OTC derivatives market and be well-versed in managing ISDA master documentation. (IHC 9647)

PRIVATE BANKING COUNSEL Hong Kong 6+ PQE

Market leading Private Bank seeks a lawyer with excellent HK Regulatory knowledge to support the front office on all matters. Excellent drafting skills, Chinese language and a high level of commercial acumen are essential to this role. (IHC 9739)

FUNDS COUNSEL Hong Kong 5-10 PQE

A market leading, international financial services provider is seeking an experienced funds lawyer to advise on a broad scope of legal and regulatory matters. The legal counsel will provide support to the Investment business on all issues, across jurisdictions including Hong Kong, Singapore, Korea and China. (IHC 9650)

LEGAL MANAGER Shanghai 5-8 PQE

A leading international 3rd party logistic provider is looking for a Legal Manager to join their legal team in Shanghai. Solid experience in general corporate matters including contract, risk management and compliance. Strong negotiation and influencing skills with experience in having negotiated complex transactions is highly appreciated. PRC qualification is essential. Fluent English and Mandarin required. (IHC 9724)

CORPORATE FINANCE Hong Kong 5+ PQE

Top tier corporate practice has an immediate opening for a solid senior associate to join their highly regarded team in Hong Kong. Suitable candidate will be Hong Kong admitted and have solid corporate transactional experience. Familiarity with Listing Rules, Takeover Codes and rules of the Stock Exchange of Hong Kong are required, as is fluent Cantonese and Mandarin. (IHC 9692)

FCPA/ANTI-CORRUPTION Shanghai 3-6 PQE

Our client, a leading global practice with a steady and strong presence in China, is looking for a 3-6 PQE lawyer with solid workflow experience in FCPA, Anti-corruption and/or Anti-trust. PRC qualification is essential and overseas education or qualification is preferred. (IHC 9675)

HOSPITALITY Beijing 8-12+ PQE

Global property and hotel management company is looking to hire an accomplished senior lawyer to provide legal support to business development and corporate transaction activities in China, as well as legal support for operational and compliance matters in China. Previous experience in hospitality or large MNC highly regarded. (IHC 9399)

ANTI-CORRUPTION Hong Kong 6+ PQE

Major NYSE listed client looking to appoint a senior APAC corporate compliance lawyer with experience advising on anti-corruption, internal corporate compliance, investigations and various other compliance areas, providing strategic compliance advice to the business. Successful candidate will ideally have experience in a large MNC in a similar role. Fluent spoken and written Chinese (Mandarin) required. (IHC 9514)

CORPORATE COUNSEL Shanghai 6-8 PQE

Leading engineering services provider in the Energy sector is looking for a Legal Counsel to advice on their international EPC projects, M&A and other corporate transactions. Strong drafting and negotiation skills are essential. Previous out-bound investment experience is highly regarded. Fluent in written and spoken Chinese and English is required. (IHC 9664)

IP COUNSEL – NORTH ASIA Shanghai 5-8 PQE

A leading FMCG is seeking an IP Counsel for their North Asia region, covering China, Hong Kong, Japan. Working alongside the marketing and innovation teams, the role requires a commercially astute lawyer to provide IP support across jurisdictions and to direct, lead and manage the regional trade mark portfolio, as well as advise on IP aspects of acquisitions and joint venture arrangements. (IHC 9701)

GLOBAL MARKETS COUNSEL Hong Kong 4-9 PQE

A well regarded European financial institution is expanding its derivatives team with the hire of a lawyer to cover both the fixed income and equity space. This is an excellent opportunity to gain a broad mix of work with a growing, stable platform. (IHC 9596)

PROFESSIONAL INDEMNITY Hong Kong 3-6 PQE

Well known international firm is looking for an experienced insurance litigation lawyer with solid professional indemnity experience to join their award winning practice in Hong Kong. Our client is open to considering overseas candidates with relevant experience and a genuine interest in living and working in Hong Kong for the foreseeable future. (IHC 9613)

FINANCE ASSOCIATE Singapore 2-4 PQE

An international law firm with a highly regarded finance practice is looking for a finance associate to join its growing team. Candidate will have strong experience in broad finance work including general finance, asset finance, acquisition finance and property finance gained in a leading firm. Candidate must be admitted to the Singapore bar. (IHC 9667)

Shanghai

(86) 21 6372 [email protected]

In-House

Private Practice

The Briefing


Motivated in part by the success of its Singapore entity, shipping firm Hill Dick-

inson is due to set up a Hong Kong office at the beginning of October. “We are looking to expand our international footprint, and our research tells us that there is room on the ground in Hong Kong for a law firm with sub-stantial shipping resources,” according to Peter Jackson, Managing Partner of the firm’s head office in London. “The idea,” he continued, “is to start small, with a small nucleus and evolve organically, just as we did with the Singapore outfit.”

The office will be set up in association with a local firm, with

N E W S

Hill Dickinson to launch a Hong Kong presenceBy Aparna Assomull Bundro

For information on how to contribute, email: [email protected]

Look out for our upcoming IP and TMT Special Report, with contributions from Lee International, King & Wood Mallesons, Fangda and Paul Weiss amongst others. In addition, we will feature our regular Jurisdiction Updates, an In-House Insight featuring Westpac's Group General Counsel and the latest moves and deals from around the region.

In our next issue…

Sad announcement regarding Ricky Chiu

On behalf of us all at Pacific Business Press and AsiAn-menA Counsel, it is with great sadness

that we announce the death of our colleague and friend, Ricky Chiu Wing Ming.

Ricky died suddenly three weeks ago after playing basketball with friends. He was just 32 years old.

Ricky was with us for over 7 years and it was a privilege to have known and worked with him.

He will also be greatly missed by the wider legal community where he had made many friends; his sense of humour, diligence and joyful approach to work and life will be missed by all who knew him.

Our thoughts and sympathies go out to his wife, Frances and their two young sons, Julian and Justin.

one marine partner re-locating from London to establish the Hong Kong entity, and recruitment of additional marine personnel to follow.

When asked who their biggest competitors were perceived to be in the Hong Kong market, Jackson commented that this would likely be a mixture of the big international firms including Holman Fenwick & Willan, Ince & Co and Clyde & Co; strong rivals who were well established in the market as well as some of the local boutique

practices that had secured a niche in the Hong Kong shipping sector, and these firms included RPC, Reed Smith Richards Butler, and Howse Williams Bowers.

“The idea is to start small, with a small nucleus and evolve organically, just as we did with the Singapore outfit”

In-‐houseVP, Legal | 10-‐15 yrs pqe | Singapore REF: 11652/AC This leading regional investment firm is seeking an experienced lawyer based in Singapore

to manage legal documentation and provide legal advice on all regulatory aspects of its

business. The ideal candidate should be a Common Law qualified lawyer with 10–15 years

PQE in asset management, capital markets and financial services regulatory work. Strong

knowledge of the law relating to funds is essential. Previous experience in dealing with

financial regulators is preferred, together with fluent Mandarin.

General Counsel | 10+ yrs pqe | Shanghai REF: 11692/AC

in the region based in Shanghai. The role will provide high-‐level advice and support

to senior management on all legal and compliance issues. With a law degree

from a reputable Chinese university and a J.D. /LL.M from an overseas university,

the incumbent must have at least 10 years’ experience gained from MNCs and/or

Senior Counsel | 10+ yrs pqe | Hong Kong REF: 11612/AC A multinational IT services company is seeking a senior lawyer with solid legal transactional

experience to join its HK office. The role will involve reviewing, drafting and negotiating

high value corporate transactions with a focus on consulting, outsourcing and systems

integration businesses. The ideal candidate will have over 10 years’ experience preferably

gained in a top-‐ranked law firm or in a global IT company. A law degree from a reputable

Commercial Lawyer | 8-‐10 yrs pqe | KL/Penang REF: 11100/AC

lawyer with solid corporate and commercial experience to join its regional team and

employment issues including arbitration, recruitment, internal investigations, privacy matters and

giving training in employment law. Ideal candidates will have over 7 years’ PQE, preferably gained in

a mix of in-‐house and private practice roles. Experience of advising MNCs with operations in both

A renowned institution is seeking a senior lawyer with a financial background to lead and

develop its listing division based in HK. Qualified lawyers with over 7 years’ experience

in accounting, corporate finance or investment banking are well-‐suited for this role.

essential; proficiency in Mandarin is an advantage.

Private Practice

judicial clerkship and/or work experience in Asia will be advantageous.

general corporate work. Excellent English and Mandarin language skills are

Corporate Energy Associate | 2-‐8 yrs pqe | HK/BJ/SG REF: 11641/AC Multiple positions available at this premier global law firm renowned for its established

corporate practice. Interested candidates must be qualified in Commonwealth jurisdictions

candidate must have a Bachelor of Science degree in mechanical engineering and

Excellent English and Mandarin language skills are required.

An excellent opportunity for an enthusiastic arbitration lawyer to join this leading

Stand Out With Hughes-‐Castell

& apply, please contact us at: T: (852) 2520-‐1168E: hughes@hughes-‐castell.com.hk www.hughes-‐castell.com

AC Aug 13_Stand.indd 1 8/21/2013 5:28:27 PM

The Briefing


Whether it’s the two or the seven year itch that you may have been afflicted with – sometimes a change is needed. Take a look at our job prospects from some top-shelf recruiters from around the region.

Associate General CounselPQE: 15+ yrs

Singapore

Excellent opportunity awaits a general corporate in-house or private practice lawyer to join a dynamic US multinational company. The successful candidate will have a regional portfolio and will have the opportunity to work closely with senior management on their corporate commercial matters. Candidates should have at least 10 years post qualification experience and have a strong corporate commercial background. Travel is anticipated. [A10207]

Contact: Kathy GomezEmail: [email protected]

Tel: (65) 6236 0166

Senior Corporate Counsel US Multinational Company

PQE: 8-12 yrsSingapore

A well-established brand name is looking for a mid-level to senior lawyer to join its global legal team. Working closely with counterparts in various parts of the world, as well as senior management based in Singapore; the successful candidate will be spearheading projects and advising the business on legal risks and operational issues in the region. The ideal candidate will have experience both in-house and in a top-tier law firm doing general corporate work. Excellent prospects and good work-life balance are on offer. [025412]

Contact: Shulin LeeEmail: [email protected]

Tel: (65) 6809 5083

Legal CounselPQE: 3-5 yrsHong Kong

A luxury brand seeks a mid-level lawyer to join its legal team in Hong Kong. Reporting to the GC, the candidate will be responsible for negotiating and drafting commercial contracts and lease agreements, handling compliance matters and ad hoc projects. Candidates with commercial, real estate and/or litigation experience will be considered. Strong drafting and communication skills are essential. Fluent English and Chinese required. Regional exposure and good work/life balance on offer. [PBP4318]

Contact: Eleanor Cheung, Email: [email protected]

Phone: (852) 2537 7416

Investment Funds CounselPQE: 5-10 yrs

Hong Kong Chinese skills are not essential for this role. A market leading, international financial institution is seeking an experienced funds lawyer to advise on a broad scope of legal and regulatory matters. The legal counsel will provide support to the investment business in Hong Kong, Singapore, Korea and China. Suitable candidates will have gained extensive experience within the funds space and have a proven track record of working in conjunction with the business to facilitate growth. Candidates from law firms as well as those already in-house will be considered. [IHC-9650]

Contact: Michael Godby Email: [email protected]

Tel: (852) 2920 9114

Senior Regulatory LawyerPQE: 5-10 yrs

Asia and Middle East Excellent regional counsel opportunity awaits the right candidate within a leading multinational company in the oil and gas industry. Substantial experience in providing regulatory and compliance legal support is needed as well as knowledge of applicable trading laws and regulations for both physical and paper commodity trading in Singapore, preferably with knowledge and experience of the energy and/or oil industries. Knowledge of the on-going global regulatory reform with regard to derivatives in the US (Dodd-Frank), Europe (EMIR) and Singapore (MAS) is required. This role reports to the Managing Counsel of the Eastern Hemisphere, within a close-knit team that works very well together. [192651]

Contact: Cassandra LimEmail: [email protected].

Tel: (65) 6420 0500

Transaction Counsel PQE: 8-15 yrsLuxembourg

One of the world’s most exciting global technology based companies is seeking a transaction counsel who will be based in its EU Headquarters. The role reports back to US Headquarters and requires a top calibre lawyer with no less than 8 years’ experience of which a minimum of 5 will have been gained at a top law firm. Experience in consumer banking, finance or internet related matters is desirable but not essential. Native level English is required and fluency in another European language as well as in-house experience will be an advantage. [11736/AC]

Contact: Doreen Jaeger-Soong Email: [email protected]

Tel: (852) 2520 1168

Opportunities of the Month …

mycareerinlaw.com

The best opportunities from the region's best recruiters

TM

Job SearchCareer Advice

Market TrendsJob Alerts

Investigative Intelligence


In-house legal departments have traditionally been focused on critical advisory, compliance and managing contentious issues when required. While important to a business, these jobs can be viewed as non-revenue generating and seen as a cost to the busi-ness. However in an increasingly hard economic environment, a number of in-house legal teams have successfully initiated con-tract audits, in which they work with other skilled professionals such as forensic accountants, to positively impact the bottom line of a business.

Conceptually, a contract audit involves constant monitor-ing of payments to ensure that no overpayments are made and that the terms of the contract are adhered to by other parties to the contract.

The DuPont exampleGlobal industrial and chemical conglomer-ate DuPont and its in-house legal team serve as an excellent example of how a program of contract audits can contribute significantly to the company’s bottom line. In 2004, the DuPont legal team created the ‘Global Recoveries Initiative’1 whereby the company actively monitors project and contract per-formance indicators, as well as business conducts of the parties DuPont contracts with. The underlying objective of the initia-tive is to identify and assert rightful claims for losses or wrongdo-ing such as overpayment or under delivery of goods or services.

Between 2004 and 2009, the initiative generated gross recov-eries totaling US$1.5 billion2. DuPont claims that due to their non-litigious approach to contract audits their return on invest-ment from the program during this period in EMEA3 was as high as 95 percent4. Additionally, they claim to have better relation-ships with their suppliers as there is minimal litigation involved.

Contract phasesAs set out in the graph below, a contract can be divided into a number of phases, with the contentious issues generally arising in phase 2 and 3.

Based on our recent experience, clients obtain the largest commercial benefit whilst mitigating significant risks from under-taking a contract audit during ‘The Delivery Phase’ (phase 2). Businesses, with assistance from appropriate professional advi-sors, can be pro-active in managing their contracts. DuPont dem-onstrated that contract audits initiated during The Delivery Phase can avoid the costly and cumbersome process of dispute resolu-tion in the ‘Wind-Up Phase’ (phase 3).

Contract audits consist of utilising foren-sic and cost accounting skills, financial anal-ysis, data analytics, interviewing of key process owners, as well as physical inspec-tion or site visits. By combining these skills the forensic accountant will attempt to iden-tify any overpayments and may assist in the recovery of these funds before the contract wind-up phase. A recovery of funds where a company has a legitimate right to claim back any overpayment amount is the basis of con-tract audits. That is, by undertaking a con-tract audit and subsequently making a claim if appropriate, the contracting party is not

pursuing anything other than what they are entitled to.

The upsideUndertaking a contract audit provides significant upside to a busi-ness as it results in recoveries and, in many instances, better relationships between contracting parties. Businesses such as DuPont managed to recover significant sums of money that is sometimes overlooked by others. Forensic accountants provide the required accounting, financial and data analytic skills to enable efficient and effective contract audits, which positively impacts the bottom line of a business.

Endnotes1. The Profitable Legal Department; How legal departments can prosper by

generating revenue for their company (P.12) published by Lexis Nexis and Martindale-Hubbell.

2. Ibid.3. Europe, Middle East and Africa (EMEA).4. The Profitable Legal Department; How legal departments can prosper by

generating revenue for their company (P.16) published by Lexis Nexis and Martindale-Hubbell.

Contract audits – the new norm

[email protected] www.kroll.com

Undertaking a contract audit provides significant upside to a business as it results in recoveries and, in many instances, better

relationships between contracting parties

By Peter Glanville Associate Managing Director

for Greater China

100

% o

f Con

trac

t Del

iver

ed

Time

90

80

70

60

50

40

30

20

10

0

Delivery of goods and services by one party and sometimes numerous payments made by another

Phase 1The Planning

Phase

Phase 2 The Delivery Phase

Phase 3The Contract

Wind-Up Phase

Phase 3The Contract

Wind-Up Phase

Volume 11 Issue 5, 2013 19

Recent developments in Chinese Anti-bribe-giving laws and enforcement

By William Rosoff and Yuanming Wang, Akin Gump

Four executives of pharmaceutical juggernaut, GSK were questioned in

connection with allegations which related to the funnelling of almost US$500 mil-lion in bribes through 700 travel agencies to hospitals and doctors with a view to prompting them to purchase and pre-scribe their products. The alleged payoffs were allegedly facilitated to enable GSK to increase its sales and its profit margin for its drugs. In light of the recent drive to ensure anti-corruption compliance in China – particularly after the US Foreign Corrupt Practices Act and the UK Bribery Act have been more robustly enforced over the last few years – the extent and magnitude of the allegations comes as a bit of a surprise to the legal community.

The Chinese government investiga-tion of GSK for alleged bribery was front-page news in China for several weeks. This recent very public crack-down should be seen in a broader historical context and as a manifestation of developments in the legal arena that have been taking place over some time.

Traditionally, the Chinese government had focused more on penalising the bribe recipients, usually government officials, than on the bribe givers. That has begun to change in recent years.

The laws against bribe giving are con-tained in the PRC Criminal Law, first promulgated in 1997. Importantly, the law applies only to the actual giving of bribes, not the offering of one.

Recent developments in Chinese Anti-bribe-giving laws and enforcement

Several recent developments, all of which became effective in January of this year, set out and define more clearly the various levels of bribery. These are based, among other things, on the amounts involved and the identity of the recipient, and set out various fines and prison terms appropriate to each level, termed either “serious” or “extremely serious.”

The Interpretations on Several Issues Concerning the Application of the Law In the Handling of Criminal Bribe-Giving Cases, adopted jointly by the Supreme People’s Court and the Supreme People’s Procuratorate in December 2012, provides that the crime of bribe giving is “extremely” serious where the amount involved is more than RMB 1 million (approximately

William Rosoff, corporate partner and partner in charge, Akin Gump, Beijing and Yuanming Wang, Senior Counsel with Akin Gump and formerly a prosecutor in the Civil and Administrative Procuratorate Department of the Supreme Procuratorate of China take us through some of the developments in the bribery arena in China in the aftermath of the GlaxoSmithKline (GSK) bribery allegations.

“The Chinese government investigation of GlaxoSmithKline for alleged bribery was front-page news in China for several weeks. This recent very public crack-

down should be seen in a broader historical context and as a manifestation of developments in the legal arena that

have been taking place over some time”

William Rosoff

Ear to the Ground


[email protected]@akingump.com

www.akingump.com

$160,000), or the amount involved is more than RMB500,000 and a) more than three people are bribed, b) the bribe is given to a government official who has a duty of supervision in the areas of food, drugs, work safety or environmental protection, c) the bribe is given to an officer of any law enforcement authority or judicial body for the purpose of perverting the course of justice, or d) the bribes are sourced from the offender’s illegal gains. In addition, a bribery action will be considered “extremely serious” if the economic loss caused by the bribe is more than RMB 5 million.

Individuals found to have committed the offence of ‘extremely serious’ bribe-giving face a 10-year or even life-time imprisonment. In addition, the government has now fully implemented a public data-base that documents all cases of convic-tions for bribery and lists all parties involved, whether or not those parties have

been criminally pursued. Inclusion in the database can be grounds for exclusion from tenders for government funded projects.

What constitutes an illegal bribe, as opposed to lawful gift-giving, is not always straightforward, especially in a society where long-term relationship-building is as important to business deal-ings as it is in China.

Various Chinese court rulings provide some guidance on the issue, including examining the following factors; i) the nature and history of the relationship between the parties; ii) the value of the gift; iii) the purpose and timing of the gift relative to what is obtained; and iv) to what extent the recipient has used his or her position to promote the interests of the gift giver. Prosecutors and judge have considerable discretion in determining whether a particular act amounts to an illegal bribe.

“What constitutes an illegal bribe, as opposed to lawful gift-giving, is not always straightforward, especially in a society where long-term relationship-building is as important to business dealings as it is in China”

AsiAn-menA CounselTM

in-House Counsel

in-House CongressTM

in-House CommunityTM

Your Community along the New Silk Road


For many years, US companies doing business in China have had to concern themselves with the strictures of the Foreign Corrupt Practices Act. The recent developments in anti-bribery enforcement in China will add to those burdens. While the US FCPA and Chinese anti-bribery laws are similar in many respects, they are not identical. For example, the FCPA applies only to the bribing of government officials; the Chinese law is not so lim-ited. The FCPA contains an exception for “facilitation payments”; the Chinese law contains no such express exception. Thus effective compliance programs will need to take account of and address both sets of laws.

Yuanming Wang

7th Annual Survey ofIn-House Counselalong the New Silk Road

© Pacific Business Press Limited 2013

Representing Corporate Asia & Middle East SurveyAsiAn-menA Counsel’s 7th annual survey, which remains the largest and most objective survey of its kind, contains the views and concerns of the In-House Community as they weigh in on, amongst other things, the factors which influence their selection of external counsel. ........... 22

AsiAn-menA Counsel’s In-House Community Firms of the Year 2013A run-down of the winning firms from around the ASIAN-MENA region as voted for by the In-House Community. The list comprises the winners and honourable mentions broken down by jurisdiction and sector .......................................................................................................... 51

Responding to changeAsiAn-menA Counsel talks to the Managing Partners of the firms which won accolades for being the most responsive, as voted for by the In-House Community ............................................. 62

ASIAN-MENA COUNSEL

An AsiAn-menA Counsel survey for the

OF IN-HOUSE LEGAL & COMPLIANCE PROFESSIONALS


As another financial year kicks into gear and we slowly edge towards 2014, it is interesting to stop and consider how the in-house legal community is faring across Asia

Pacific and the Middle East in 2013, and identify likely trends for corporate legal teams moving forward.

Such information can be gleaned from the results of AsiAn-menA Counsel’s annual Representing Corporate Asia and Middle East Survey, the largest and most objective survey of in-house counsel and buyers of legal services along the New Silk Road. In this special report, we are pleased to share insight with our readers into the challenges currently facing in-house lawyers in ten jurisdictions. We also provide comprehensive analysis not only of the composition of the in-house legal/com-pliance function of companies in Asia Pacific and the Middle East, but importantly of the views of in-house lawyers on the quality of service and legal support received from the multitude of law firms across the region.

Figure 2: Which industry classification best describes your company?

Energy/ Natural Resources

Financial Services

Government/ Regulatory

Infrastructure

Fast Moving Consumer Goods

Supply Chain/ Logistics

Life Sciences

Manufacturing

Real Estate/ Construction

Technology, Media, Telecommunications

Wholesale/ Retail Services

Other

19.9%

22.7%

17.9%

9.9%

2.3%7.3%

4.4%5.9%6%

15.6%

6%6.6%

4.97%

6.57%4.44%

39.61%

44.44%

Figure 1: Profile of survey respondents

Head of Legal (& Compliance) /GC / Senior Counsel

Other In-House Legal (& Compliance)

Non-legal Director / VP / CEO / CFO

Manager (non-legal)

Other (analyst, supervisor etc)

Assessment of the considerable number of survey responses, which includes expectations as to any changes in in-house team size or engagement levels of external counsel in the coming year, also helps to provide an indication of any anticipated growth (and potential diversification) by companies across the region as we move towards 2014 and beyond.

Analysis of the survey results is particularly interesting in light of recent sentiment from the International Monetary Fund (IMF) concerning global and regional growth prospects in the coming year. Releasing its Regional Economic Outlook for Asia and Pacific in April 2013, the IMF noted that growth in the Asia-Pacific region was showing signs of improvement, commenting, “Extreme risks emanating from advanced economies have receded and domestic demand remains resilient, supported by relatively easy financial conditions and robust labor markets.”

Although at the time of its report the threats of a US “fiscal cliff” or EuroZone crisis had lessened markedly since mid-2012, the IMF went on to warn that, “… the potential impact of external shocks on Asia’s open economies remains considerable, and risks and challenges from within the region have come into clearer focus in recent months. To begin with, financial imbalances and rising asset prices, fueled by strong credit growth and easy financ-ing conditions, are building in several economies.”

In early July 2013 the IMF updated its World Economic Outlook, downgrading world growth forecasts for the remain-der of the year and 2014, citing “appreciably weaker domestic demand and slower growth in several key emerging market economies, as well as a more protracted recession in the euro area.”

Only time will reveal the accuracy of these forecasts and their impact on the economies of the Asia Pacific and Middle Eastern regions. In the interim, it is interesting to consider whether the mindset of the in-house community at local and regional levels reflects a similar outlook.

22 ASIAN-MeNA COUNSeL www.inhousecommunity.com

Representing Corporate Asia & Middle East

By Rebecca Brookes

Figure 3: How big is your in-house legal/compliance team?

8.2%5.9%

5.7%

47%

33.2%

1 person2 – 5 people6 – 20 people21 – 50 people51 people or more

Figure 4: In the coming year, do you expect your in-house team to …

GrowShrinkRemain the same size

42.4%

1.3%

56.3%

Survey Methodology As in previous years, in 2013 over 20,000 in-house counsel and senior corporate management in ten jurisdictions were invited to take part in the confidential survey online or at one of Pacific Business Press’ 17 annual In-House Community Congress or Symposium events held each year across the region.

The survey contains questions (multiple choice where appropriate) which canvass views of the state of the in-house community in each jurisdic-tion, and areas of consideration and concern in respect of utilising and retaining the services of external counsel. In collating the regional trends, results from China, Hong Kong, India, Indonesia, Japan, Malaysia, Singapore, South Korea and Thailand were aggregated together with results from the UAE.

FirMS oF the year 2013 The Representing Corporate Asia & Middle East Survey 2013 also provided in-house counsel with an opportunity to recognise the law firms which have made a significant impression on them in the past year. Based on the votes and testimonials from hundreds of in-house lawyers from across the region, our Firms of the Year 2013 is not intended to be


AsiAn-menA Counsel – In-House Community Survey 2013

an inventory of the largest or most active firms practising in Asia Pacific or the Middle East, but rather a genuine representation of the firms which have made the most positive impression on their clients for a range of reasons, whether it be because of a firm’s expertise or responsiveness, its reputation, or perhaps the flexibil-ity it shows its clients.

For a look at this year’s winners, please turn to page 51. Where appropriate, both a ‘local firm’ (i.e. a firm which origi-nated in that jurisdiction) and an ‘international firm’ have been honoured. Honourable Mentions have also been awarded to the many firms who received a high number of votes and strong rec-ommendations in certain practice areas.

regioNal treNdSThe break-down of survey results at a jurisdictional level over the following pages provides a fascinating insight into how in-house counsel across the region may differ when it comes to their selec-tion of external counsel, the outlook for their teams and the most pressing issues they expect to face in the coming year.

But before we delve into the potential nuances of jurisdic-tional influences, it is interesting to first gain an appreciation of how the in-house community – comprised of a diverse web of

37.2%

55.6%

Figure 6: In the coming year, do you expect to use external counsel …

MoreLessAbout the same

7.3%

Figure 5: What is the most common way your company locates and hires its in-house lawyers?

Legal recruiters

Placing job advertisements

Other

(% of respondents)

Referrals by your external counsel

Using online job sites

Hiring directly from external counsel

Referrals by others in your company

Referrals by other in-house lawyers

0 10 20 30 40 50 60

55.8%

35.6%

23.2%

15.8%

7.7%

26.8%

17.3%

5.1%

personalities working within different industries, company param-eters and legal frameworks – operates on a regional basis.

Almost 40 percent of all survey respondents in 2013 carry the flag as the most senior legal stakeholder in their company, bearing the title of General Counsel, Head of Legal/Compliance or Senior Counsel, whilst 84.01 percent of all participants classify them-selves as in-house counsel of one level or another. Another 6.57 percent of respondents constitute non-legal directors (including Chief Executive Officer, Chief Operating Officer, Chief Financial Officer or Vice President) who, in the absence of a dedicated in-house legal team, have assumed responsibility for securing the services of external law firms. The remaining 9.4 percent – a mix of non-legally qualified Managers, Supervisors and Analysts – told us they are also accountable for retaining external lawyers on behalf of their company. (Figure 1)

As was the case in 2012, of the many hundreds of survey participants in 2013 the majority came from the Financial Services industry (22.7 percent), the sector narrowly edging out competi-tion from Energy/Natural Resources (polling in second position on 19.9 percent) and Manufacturing (coming in third with 17.9 percent of the votes). Given their prominence across Asia Pacific and the Middle East, it is unsurprising that each of these industries

Relationship between company and law firm 25.4%

0 20 40 60 80(% of respondents)

Fees 53.5%

Reputation of individual lawyer 30.6%

Flexible billing policies 14.6%

Responsiveness 35.7%

Brand name of law firm 8.1%

Reputation of law firm 37.3%

Low lawyer/ staff turnover 2.6%

Other 1.1%

Personal relationship with a lawyer 20.8%

Free know-how (for example,legislative updates)

5.1%

Company list of approvedoutside counsel

16.9%

Reach/ office location 2.6%

Size of law firm 9.7%

IT utilization 5.3%

Expertise in a specific area 74.5%

Lawyers with certain cultural/language skills

8.3%

Figure 7: Which factors most influence your choice of external counsel?



Figure 8: Which issues have you found to be of concern when dealing with external counsel in the past 12 months?

0 20 40 60 80(% of respondents)

Excessive fees 53.3%

Change of responsible partner 5.6%

Frequent turnover of lawyers 10.6%

21.8%Work performed slowly/ ine�ciently

14.1%Wrong/ bad advice given

27.3%Failure to completely understandour business/company

Lack of updates/news on our matters 23.4%

Unexplained fees 20.8%

25.9%Failure to answer our questions/concerns in a reasonable time

Missed deadlines 14.6%

Lack of involvement andinput by partners 15.1%

Deteriorating brand name/reputation of law �rm

0.9%

Other (please specify) 1.6%

Bad �rm publicity 1.1%

2.1%Personality con�ict

Ethical con�ict 3.5%

has garnered strong regional representation in the survey results of recent years also, alongside Technology, Media & Telecommunications which attracted 15.62 percent of votes to secure fourth place in 2013. (Figure 2)

When it comes to size of in-house legal teams across the region, it appears that small to medium works best. Close to half of all participants told us they work in teams of 2-5 people (47 percent), whilst a substantial 33.2 percent indi-cated their team was 6-20 people in size. Teams of 21 people or more are less common across the Asia Pacific and Middle East (11.6 percent), whilst 8.2 percent of participating legal counsel act independently in their roles without the benefit of any in-house legal support. (Figure 3)

On a positive note, the outlook for legal job market appears solid, with 42.4 percent of respondents predicting their teams will grow in size in the next 12 months. In the absence of any growth, job stability remains a likely cer-tainty; only a meagre 1.3 percent of survey participants signalled any expected shrinkage in team size in the coming year (a further drop from 3.72 percent of respond-ents in 2012). (Figure 4)

As for hiring trends across the region, legal recruiters are experiencing a surge in popularity; not only do they remain the most common way to locate corporate lawyers in 2013, but the proportion of respondents willing to engage their services has jumped from 43.09 percent in 2012 to 55.8 per-cent this year. More than one third of all respondents find the direct placement of job advertisements (35.6 percent) a useful means to source new in-house talent, whilst referrals from other in-house lawyers (26.83 percent) and even company colleagues (17.3 percent) carry more weight than those from exter-nal counsel (15.8 percent). Interestingly, only a very small propor-tion of respondents admitted they are likely to hire lawyers directly from their external counsel (7.7 percent). (Figure 5)

External CounselComplimenting the anticipated growth of in-house teams is the prediction by 37.2 percent of respondents of a need to utilise external legal counsel at increased levels in the coming year, whilst 55.5 percent anticipate levels of engagement will remain steady. (Figure 6)

When it comes to the all-important choice of external counsel, just how do in-house counsel separate the wheat from the chaff with so many firms competing for their business? (For a compre-hensive overview of the law firms operating across the region, see the jurisdictional at-a-glance activity tables at www.inhousecom-munity.com).

For the fifth year in a row in-house survey respondents confirmed that expertise in a specific are (74.5 percent) presides as the dominant factor, a solid increase from 62.26 percent in 2012. Meanwhile, fees (53.5 percent), a law firm’s reputation (37.3 percent) and its levels of responsiveness (35.7 percent) remain persuasive, with each continuing to poll in the top four year-on-year. (Figure 7)

Excessive fees was easily the stand-out factor troubling the highest proportion of respondents (53.3 percent) in 2013 when asked to identify the issues they have found most concerning in their dealings with law firms in the past 12 months. There was little to split the next five issues, a mere 6.5 percent separating the second most common complaint – a failure by external lawyers to completely understand their client’s company/business (27.3 per-cent) – from that of unexplained fees, which polled in sixth posi-tion having attracted 20.8 percent of the votes. (Figure 8)

A clear message can be found in the consistency of the responses year-on-year for any law firms wishing to address their clients’ concerns. The same top ten criteria were identified by respondents in 2013 in the same order as 2012, with the exception of two small movements. The failure by external practitioners to understand their in-house client’s business/company has jumped from third to second position, whilst missed deadlines shifted up from ninth into eighth spot in 2013.

JuriSdictioN by JuriSdictioNAnd now for a look at how things stand at a jurisdictional level.

CHINAManufacturing reaped the lion’s share of votes when it came to industry selection in China, claiming 37.9 percent of respondents



in 2013. Although some way off the pace, the Technology, Media & Telecommunications (15.5 percent) and Energy/Natural Resources (12.6 percent) sectors were next in line, taking out second and third polling positions, whilst Financial Services fell from second to seventh place in 2013 with only 6.8 percent of votes. Just over half of survey respondents from China told us they work in in-house teams of 6-20 people in size (50.9 percent), fol-lowed by 33.6 percent who work in teams of 2-5 people.

Despite the IMF’s decision to trim its Chinese growth fore-casts in April following Beijing’s shock announcement of a down-turn in the first quarter of 2013, one third of survey participants indicated their in-house legal team is expected to grow in size in the coming year (33.9 percent), the vast majority citing business expansion plans. Further bolstering this positive sentiment, job security for in-house counsel appears assured, with not one par-ticipant predicting any loss in headcount in the coming year.

Legal recruiters continue to reign supreme in the PRC when it comes to finding new talent for in-house legal teams (81.6 per-cent), crushing competition to easily stand apart from the next most popular methodologies including the placement of job adver-tisements (26.2 percent), using online job sites to source candi-dates (25.2 percent), and referrals from other in-house lawyers (24.3 percent).

External CounselJust over half of our survey respondents (57.5 percent) expect to maintain current levels of service from their exter-nal firms as we move forward towards 2014. Meanwhile, a healthy 38.7 percent anticipate a need for greater assistance in the coming year, many commenting on the expanding business needs of their companies – including M&A oppor-tunities and other projects – and a legal environment grow-ing in complexity. One respondent noted a desire to “engage external legal opinion in order to share the risks of legal decisions,” whilst another felt he would benefit from “help to establish fundamental rules, policies and guidelines for the company.”

So just how do in-house counsel in Asia’s largest econ-omy select their law firms? Whilst one quarter of respond-ents take their lead based on whether a firm is already on an company-approved list of external counsel (25.2 percent), as in 2012 expertise in a specific area (85.4 percent) and fees (63.1 percent) proved vastly more influential when it comes to selection, whilst the reputation of an individual lawyer (34 percent) has risen in prominence to secure third place. (Figure 9)

Excessive fees (38.8 percent) remain the biggest concern for in-house lawyers in China in their dealings with law firms, whilst a lack of updates/news on matters (23.3 percent) has risen from fifth to third position in 2013. (Figure 10)

Key issues and concernsWhen asked to identify the biggest issues currently facing in-house counsel in the PRC, a strong chorus of survey


Lack of input/involvement by partners

0 20 40 60 80 100

38.8%Excessive fees

35%Failure to completely understand our business/company

21.4%

Failure to answer questions/concerns in reasonable time

21.4%

23.3%

(% of respondents)

Lack of update/news on our matters


0(% of respondents)

20 40 60 80 100

85.4%Expertise in a speci�c area

Reputation of law �rm

Reputation of individual lawyer

63.1%

34%

Fees

31.1%

33%Responsiveness

respondents told us that compliance continues to be a big issue, whilst for some the swiftness of China’s recent economic growth has outpaced the ability of law-maker to keep up to speed, meaning current laws or regulations do not adequately address a multitude of issues. A number of the in-house lawyers expressed frustration with a lack of transparency in China’s legal system, whilst one respondent lamented the limited resources in third and fourth tier cities when it comes to choosing suitable external counsel.

Moving forward, compliance and associated legislation including the Foreign Corrupt Practices Act (FCPA) are likely to remain one of the major headaches for in-house counsel in the PRC, whilst regulatory developments at a local level – including RMB internationalisation and the liberalisation of China’s secu-rities market – will continue to require attention over the next 12 months.

HONG KONGFinancial Services dominated the field when it came to industry representation in Hong Kong, snaring a clean 50 percent of the survey votes, whilst Technology, Media & Telecommunications (15.3 percent) and Real Estate/Construction (11.1 percent) were the next best-represented sectors in 2013.

CHINA





ASIAN-MENA COUNSEL In-House Community

Firm of the Year 2013

ASIAN-MENA COUNSEL In-House Community Firm of the Year 2013 in Indonesia for:

- Banking & Finance

- Compliance/Regulatory

- Energy & Natural Resources

- Most Responsive Domestic Firm

Honourable Mention:

- Capital Markets

- Corporate and M&A

- Islamic Finance

global professional standardslocal expertise

al tamimi (leFt)

As the Al Tamimi & Company knows more than just the law. We pride ourselves on understanding the business environment

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It appears to be increasingly rare for in-house counsel to solely shoulder the burden of their company’s in-house legal work, with only 2.5 percent of survey respondents indicat-ing they work alone (down from 10.34 percent in 2012). Far more common are legal teams of 2-5 people (43 percent) and 6-20 people (35.4 percent) in size. Of the 60.8 percent of respondents who anticipate their teams will remain the same size in the coming year, the majority indicated that cost cutting measures would prevent any increase in head-count, whilst a healthy 38 percent told us their team was likely to grow in the next 12 months, namely owing to busi-ness expansion.

Like their mainland counterparts, in-house counsel in Hong Kong are most likely to engage the services of legal recruiters (63.9 percent) when it comes to finding suitable lawyers to join their team, whilst only a tiny proportion will poach talent from their external law firms (4.2 per-cent). A healthy proportion of respondents also see value in placing job advertisements (40.3 percent) whether online or in print media.

External Counsel Law firms will take comfort from the fact that the number of survey participants who expect their usage of external counsel to decline in the coming year is negligible (1.3 per-cent), with a robust 34.7 percent telling us they will need to engage their external lawyers at greater levels for the remainder of 2013 and beyond. A range of reasons were


0 20 40 60 80 100

52.8%Excessive fees

36.1%

19.4%

Unexplained fees

Failure to answer our questions/concerns in a reasonable time

27.8%

Work performed slowly/ine�ciently

16.7%

16.7%

(% of respondents)

Failure to completely understandour business/company

Wrong/bad advice given


0(% of respondents)

20 40 60 80 100

30.6%

30.6%


31.9%

Fees


Reputation of a law �rm

Responsiveness

Relationship between company and law �rm

47.2%

36.1%

HONG KONG

Size 188 mm(W) x 110 mm(H) R G B97 12 12

C M Y K0 33 33 62

Key Scale

India

Anand and Anand is a full service IP law firm,

providing end-to-end legal solutions covering

all the cross-sections of IP domain. The firm is

professionally managed by a partnership

board comprising of 19 partners assisted by a

CEO, CFO, chartered accountants, business

consultants and IT experts. The firm’s current

strength is 250, which includes 85 qualified

attorneys and engineers, and over 150

members in support services including a

m a n a g e m e n t t e a m , p a r al e g a l s a n d

researchers. Their lawyers are fluent in English

and Hindi and are based in New Delhi, Noida,

Chennai and Mumbai.

Their cl ients consists of several large

mu l t inat iona l and Ind ian compan ies

representing a broad spectrum of industries

including Health Care, Electronics, Consumer

Goods, Industrial Goods, Automobiles, Wind

Energy, Technology, Financial Institutions,

Hospitality and Entertainment. The firm has an

extensive intellectual infrastructure in all the

aspects related to Trademark registrations,

Copyright registrations, and IP monetization as

well as in Licensing and franchising. The firm

also has an in-house ‘Anti-Counterfeiting’ and

‘Anti-Piracy’ team, dedicated to provide the

clients pro-active and robust legal protection

for safeguarding the brand identity in the

commercial space.

Anand and Anand has an industry wide

acclaimed prominence and leadership in the

I P s p a c e . T h e i r e x p e r t i se i s w i d e l y

acknowledged in addressing complex IP

challenges of all hues. They have been

servicing a diverse profile of clients in

conventional areas of trademarks, patents,

designs, trade secrets and confidential

information as well as expanded areas of

intellectual property such as EMRs, domain

names, media and entertainment law, IT and

e-commerce, Technology transfer and issues

on the internet and privacy laws. Anand and

Anand specialises in Copyright - Media,

Entertainment Law and represents authors,

musicians, software programmers, artists,

designers and many others from the fraternity

of copyright owners as well as collecting

societies such as IPRS (Indian Performing Rights

Society).

The firm has a substantial techno-legal expertise and valuable insight into strategic and procedural issues and a wealth of

experience in patent prosecution and litigation to advise, assist and equip international and domestic clients with comprehensive and innovative intellectual property solutions in this domain. The firm’s capabilities include drafting, filing and the prosecution of patents in diverse disciplines.

CATEGORIES OF WORK

Patents, Designs, Litigation and dispute r e s o l u t i o n , T r a d e m a r k s , C o p y r i g h t , A n t i t r u s t / c o m p e t i t i o n , C o m p l i a n c e / regulatory, Agreements and commercial exploitation of IP licensing and franchising law, Tax advice on IP matters, Packaging law, Advertis ing law, Custom recordal and enforcement, Domain name disputes, Invest igations, Sports law, Media and entertainment law

ANAND AND ANAND

Noida Delhi Chennai Mumbai

° IP365 Leading Innovating Inspiring

Plot No. 17A, Sector 16A, Film City

Noida 201301 (UP) India

Tel: +91.120.4059300 (100 Lines)

Fax: +91.120.4243056-058

Email: [email protected]

Website :

ANAND AND ANAND

Contacts: Pravin Anand, Safir Anand

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provided, from grappling with new regulations and tightening regulatory controls to business growth and diversification, includ-ing company initiatives in areas which the in-house team does not have existing experience.

When it comes to selecting from the vast number of law firms in the Special Administrative Region, in-house counsel in Hong Kong told us they would be guided by expertise in a specific area first and foremost (66.7 percent), with a law firm’s fees (47.2 per-cent) and levels of responsiveness (36.1 percent) the next most persuasive factors. Firms hungry for business should not discount the impact of effective relationship-building with their clients (31.9 percent), whilst reputation – both of a firm and individual lawyer (30.6 percent apiece) – also counts in this town. (Figure 11)

Fees have proved a concerning issue for the majority of in-house respondents in their dealings with external counsel in the past 12 months; 52.8 percent believe they have faced excessive billing, whilst 27.8 percent have also been troubled by unex-plained fees (which received the third-highest number of com-plaints). Securing second polling position with 36.1 percent of votes was a failure by law firms to properly understand their cli-ent’s business/company, whilst in fourth place, 19.4 percent of all respondents felt outsourced legal work is being performed too slowly or inefficiently. (Figure 12)

Key issues and concernsSitting in a key regional hub, it is unsurprising that a multitude of in-house respondents indicated that staying abreast of numerous

laws and regulations across jurisdictions was a major chal-lenge currently facing in-house counsel in Hong Kong. As one participant noted, “We face a complex regulatory environment in the context of growing our business in

emerging markets... there is no doubt the cross-border nature of the business adds to the overall complexity of our work.” Amid tightening regulatory scrutiny, another spoke of the difficulty of, “Getting to grips with the impact of operating in a global environ-ment and the reach of foreign jurisdictions.”

Several respondents voiced uncertainty about how best to establish strong relationships with their non-legal colleagues whilst also having to act as “gatekeeper” in both a legal/compliance sense and when managing or advising on risks. Retention of strong in-house counsel also appears problematic from a costs perspective, whilst at the other end of the talent spectrum numerous survey participants identified a skills shortage amongst potential candi-dates where approval for additional headcount had been obtained.

Compliance was the prevailing reply from in-house counsel in Hong Kong when asked to identify the greatest challenges they will face in the next 12 months, whilst those in the financial serv-ices sector expect to continue to grapple with the effects of Basel III and US-led initiatives including the Dodd-Frank Act and its Volker rule.

“We face a complex regulatory environment in the context of growing our business in emerging markets ...”



Chandler & Thong-ek Law Offices Limited7th – 9th Floor, Bubhajit Building

20 North Sathorn RoadBangkok 10500, Thailand

T: +662 266 6485F: +662 266 6483/4

E: [email protected]

Chandler & Thong-ek Law Offices Limited was established since 1974 and has engaged in a Thai business and finance law practice, representing a number of major Thai and international clients in a wide range of investment projects and financial transactions. C&T received the IFLR Award for Thai National Law firm of the Year 2013 for the 13th year in a row, and AsiAn-menA Counsel’s In-House Community Firm of the Year 2013. We are recognized by legal directories such as IFLR1000 2013 (Top Tier Firm), The Asia Pacific Legal 500 2013 (Top Tier Firm), and Chambers Asia Pacific 2013 (Leading Firm).

Major Investment Project • Banking & Project FinancingSecurities • Corporate & Acquisition

Petroleum & Minerals • Restructuring Dispute Settlement • E-Commerce

International Business Transactions Tax • Government Contracts

C&T has an associate office in Myanmar:

Myanmar Legal Services LimitedRoom 117, Inya Lake Hotel

37 Kaba Aye Pagoda Road, Mayangone TownshipYangon, Myanmar

T: +951-657792; +951-650740F: +951-650466

E: [email protected]; [email protected] www.myanmarlegalservices.com

INDIAThe Energy/Natural Resources sector jumped from fourth position in 2012 to finish in a dead heat with Technology, Media & Telecommunications as the industries best-repre-sented by survey respondents from India in 2013 (each sector attracted 28.9 percent of the votes apiece). Financial Services was next in line (18.4 percent), narrowly beating Manufacturing (17.8 percent) to take out third position this year.

The majority of survey respondents told us they work in teams of 2-5 people (52 percent), whilst just over one quar-ter work alongside colleagues numbering 6-20 people (26 percent). India was second only to South Korea in having the highest number of survey participants to work in in-house legal teams of 21-50 people in size (12 percent), whilst a staggering 62 percent of respondents expect their teams to grow in the coming year (the highest growth esti-mation from any jurisdiction), predominantly in order to satisfy increasing business demands.

When it comes to recruitment, using the services of a professional remains the most popular way to locate suitable in-house counsel (64.4 percent). Yet the value of a recom-mendation cannot be ignored in India; over half of all respondents are heavily influenced by a referral from fellow in-house counsel (51.1 percent), whilst 31.1 percent also respect referrals from external counsel.

External CounselMore than one third of survey participants anticipate a


0 20 40 60 80 100

68.9%Excessive fees

31.1%Unexplained fees

28.9%


28.9%


22.2%

(% of respondents)

Lack of involvement andinput by partners


Expertise in a specific area

Reputation of a law firm

Fees

Responsiveness

0 20 40 60 80 100

86.7%

60%

48.9%

51.1%

(% of respondents)

INDIA

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need to engage external counsel at greater levels in the coming 12 months (36 percent), a number predicting that an increase in litigation will prompt the need for additional specialist guid-ance. Meanwhile, 10 percent of participants have indicated levels of use are in fact likely to decline as greater emphasis is placed on enhancing legal expertise internally to prevent unnec-essary outsourcing.

The top factors most likely to influence in-house counsel in India in their selection of law firms remain unchanged from 2012 to 2013, with expertise in a specific area (86.7 percent), respon-siveness (60 percent), reputation of a law firm (51.1 percent) and fees (48.9 percent) once again polling in the same order. The fact a firm has been pre-selected as company-approved outside coun-sel (24.4 percent) has jumped up from eighth (14.81 percent) into equal fifth position in 2013. (Figure 13)

The issue of fees dominated responses from survey participants when asked to identify the issues of most concern in their dealings with external counsel in the past year. Excessive fees (68.9 percent) easily snared first position, whilst close to one third of participants also voiced concern over the existence of unexplained fees (31.1 percent). Tied for third position was a lack of updates/news on mat-ters and a failure by firms to understand their clients’ business/company, each securing 28.9 percent of the votes. (Figure 14)

Key Issues and Concerns When asked to identify the biggest challenges currently facing in-house counsel in India, the breadth of answers offered by

survey respondents should not go unrecognised. However, a large proportion of respondents were unified in their identification of several issues in particular. Judicial delays and a slow litigation process were lamented by many, whilst difficulties with securing law firms at competitive rates who can also dispense advice in a timely manner – in addition to a shortage of talented advocates who are reasonably priced – were also widely spoken of. For some, acceptance of the role of the in-house lawyer by business units presents its own set of problems. As one respondent noted, “The authenticity of in-house legal advice remains a question mark, as to date it has been treated as a support function since it is not a revenue-generating department.”

Asked to identify the issues which are likely to require the most attention from in-house counsel in the coming 12 months, survey respondents told us that remaining abreast of India’s shift-ing regulatory regime, and ensuring compliance with relevant international and local standards and laws, would be amongst the biggest challenges. Specific mention was made of the proposed amendments to the Indian Companies Act, 1956, whilst some in-house counsel wish to obtain a better understanding of the Competition Commission’s rules and regulations.

INDONESIAA strong response rate saw the Energy/Natural Resources sector emerge as the clear leader of all industries in Indonesia in 2013, drawing the largest number of votes (37.8 percent) from survey

Kuala LumpurLevel 16, Menara Tokio Marine LifeNo. 189, Jalan Tun Razak50400 Kuala Lumpur, MalaysiaTel: (+603) 2161 2330Fax: (+603) 2161 3933

PenangSuite S-21-E & F21st Floor, Menara NorthamNo. 55, Jalan Sultan Ahmad Shah10050 Pulau Pinang, MalaysiaTel: (+604) 370 1122Fax: (+604) 370 5678

JohorSuite 21.0421st Floor, Public Bank TowerNo. 19, Jalan Wong Ah Fook80000 Johor Bahru, MalaysiaTel: (+607) 278 3833Fax: (+607) 278 2833

ASIAN-MENA COUNSEL‘IN-HOUSE COMMUNITY FIRM OF THE YEAR’

2013IN MALAYSIA

EmploymentIntellectual Property

Taxation

We thank all our valued clients for their continuous support

www.lh-ag.com EXCELLENCE COMMITMENT INTEGRITY



King & Wood Mallesons FP

participants. The bulk of the remaining participants aligned themselves with the Financial Services (18.9 percent), Manufacturing (16.2 percent) and Technology, Media & Telecommunications (9.5 percent) sectors.

It is most common for in-house counsel in Indonesia to work in teams of 2-5 people in size (61.3 percent), with 10.7 percent of survey respondents shouldering the internal legal work load on their own, and just over one quarter working in medium-sized teams of 6-20 people (26.7 percent). Only 1.3 percent of all respondents work in an in-house team of 21 people or more.

A robust 60 percent of survey participants told us they expect their in-house teams to increase in size before the end of this financial year; of this number, a staggering 73 percent identified business expansion and/or diversification as the underlying reason for such growth. An existing adequacy of current resources, or a mandate to improve efficiency, were the main reasons provided by the 37.3 percent who said their team would likely remain the same size.

Unlike in previous jurisdictions, legal recruiters have to work harder for a crust in Indonesia and although a respectable 32.4 percent of in-house respondents are will-ing to utilise their services when looking to boost team numbers, a greater proportion prefer to be guided by referrals from in-house counterparts or to place job adver-tisements themselves (35.1 percent apiece). Nearly one third of survey participants also see value in searching


0 20 40 60 80 100

51.4%Excessive fees

23%Lack of updates/news on our matters

21.6%

Failure to completely understandour business/company 23%

Failure to answer our questions/concerns in a reasonable time

20.3%

(% of respondents)



0(% of respondents)

20 40 60 80 100

29.7%Relationship betweencompany and law �rm


Responsiveness

62.2%

58.1%Fees

47.3%


INDONESIA

In our more than 28 years of service we have secured our position as the premier Indonesian corporate transaction and commercial litigation law firm. We have experience representing a diverse range of clients, including domestic and multinational corporations, public and private companies, Government instrumentalities and State Owned Enterprises.

We work closely with our clients to understand the challenges they face, determine their needs, and arrive at practical solutions that are both cost-effective and viable over the long term. We approach assignments with a pragmatic view that is driven by a deep understanding of business needs and of the surrounding practicalities of the legal and business landscape.

Lloyd’s Register Quality Assurance certifications of ISO 9001:2008 for Quality Management systems and ISO 14001:2004 for Environmental Management systems ensure the quality of all aspects of our operations and services.

Menara Imperium 30th FloorJl. H.R. Rasuna Said Kav. 1 KuninganJakarta 12980, IndonesiaTel: +62 21 831 5005 Fax: +62 21 831 5015Email: [email protected] Web: www.lgsonline.com

www.lgsonline.com



Pinsent Masons FP



Pinsent Masons congratulates all of the Asian-Mena Counsel’s Firms of the Year 2013 winnersThe Pinsent Masons TMT in Asia team has a stellar reputation for TMT sourcing and disputes, intellectual property litigation and brand protection and data protection. We provide specialist legal services and advise for a wide-range of TMT related projects across all sectors.

Peter BullockPartnerHong KongT: +852 2294 3438E: [email protected]

Bryan TanPartnerSingaporeT: +65 (0)63 058 490E: [email protected]

Kening LiPartnerShanghaiT: +8621 6138 1126E: [email protected]

© Pinsent Masons LLP 2013

www.Out-Law.comwww.pinsentmasons.com/asia

online job sites to locate suitable candidates (32.7 percent), whilst recommendations from non-legal colleagues pay divi-dends for 20.3 percent.

External CounselDespite internal growth being on the cards for the majority of in-house survey respondents, only 32 percent anticipate any correlat-ing growth in the service levels required of external counsel. Indeed, 13.3 percent anticipate a reduction is usage levels, the second highest decline of any jurisdiction (Japanese respondents have similarly predicted a decrease of 13.6 percent). Law firms may, however, take comfort in the fact these statistics are margin-ally better than 2012 predictions, where 15.48 percent of Indonesian respondents predicted a decline in levels of engagement.

Although excessive fees (51.4 percent) prevailed as the domi-nant issue for survey respondents in their dealings with external counsel in the past year, there is evident frustration regarding the perceived tardiness of some law firms when dealing with their clients’ matters. Polling amongst the top five complaints were a lack of updates/news on matters (in equal second position on 23 percent of votes), a failure by firms to answer questions/concerns in a reasonable time (third position with 21.6 percent), and work being performed slowly/inefficiently (fourth position with 20.3 percent). Respondents were also troubled by the apparent failure of their external counsel to completely understand their business/company (also tied for second place on 23 percent). (Figure 16)

Key Issues and Concerns Uncertainty of law – owing to a fluctuating regulatory environ-ment, changes in government policy and general inconsistency of law-makers – was a popular response from survey respondents when asked to identify the main challenges currently facing in-house counsel in Indonesia. A notable proportion of participants have also sought to raise awareness of the need for compliance-related behaviour amongst business units, although corruption remains an obstacle to success. As one participant commented, “Implementing the principles of the Foreign Corrupt Practices Act (FCPA) in Indonesia is very difficult, as corruption is growing in almost every government sector.”

Moving forward, the issues raised as being likely to require the most attention from in-house counsel in the next year were many and varied, with the introduction of new regulations in the financial services and mining sectors given special empha-sis. A number of respondents will also continue to address the ongoing problem of bribery by educating their internal clients on how to conduct business whilst maintaining appropriate ethical standards of behaviour.

“Solving a Legal Problem Means More than Knowing the Law”

Makes & Partners is an independent, innovative and creative Indonesian law firm and a leader in the Indonesian corporate finance and corporate commercial legal services market. It promotes the commercial interests of clients by providing efficient and high quality legal services to Indonesian and international clients.

The Firm’s practice areas include, among others, capital markets, mergers and acquisitions, corporate finance, banking, project finance (including public utilities projects such as power plants and gas pipelines), corporate and debt restructurings.

Makes & Partners is the exclusive member firm in Indonesia of TerraLex®, a prestigious global organization of law firms.

Contact Information:Menara Batavia, 7th Floor, Jl. K.H. Mas Mansyur Kav. 126, Jakarta 10220, IndonesiaTel: +62 21 574 7181 Fax: +62 21 574 7180 Email: [email protected] Persons: Yozua Makes, Iwan Setiawan, Irfan Ghazali and FransiscaWeb: www.makeslaw.com

IN-HOUSECOMMUNITY

– An –

2013

“Implementing the principles of the Foreign Corrupt Practices Act (FCPA) in Indonesia is very difficult ...”



PricewaterhouseCoopers Legal & Tax Consultants Ltd.

Contacts: Thavorn Rujivanarom, Lead Tax partner Email: [email protected] Siripong Supakijjanusorn, Partner, Head of Legal Services Email: [email protected]

Number of Partners: 12 Number of Employees: 150

Offices in Asia: Thailand, Malaysia, Singapore, Indonesia (including Timor Leste), Philippines,Vietnam, Cambodia, Myanmar, Laos, China, Taiwan, Hong Kong, South Korea, Japan, India, Sri Lanka (including Maldives), Pakistan (including branch office in Afghanistan), Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, United Arab Emirates, Dubai , West Bank & Gaza, Israel

Languages Spoken: Thai, English and Japanese.

Firm ProfilePwC has had a presence in Thailand for more than 50 years. Our services are spread across Assurance, Tax and Advisory lines of service. Our integrated tax and legal services cover all aspects of taxation, together with a full range of legal services. Our experienced team possesses in-depth industry knowledge in Thailand, and combined with our global network, this allows PwC to deliver appropriate tax and legal solutions, formulate strategies, create innovative tax planning, and help our clients to manage implementation and risk.

We can help our clients solve complex issues and identify opportunities. The combined experience of our staff, together with the resources of our global networks, allow us to provide the professional services our clients need. We start by getting to know you. You do the talking, we do the listening. Our tailored solutions will help you meet the challenges and opportunities of doing business in the Thailand market and beyond.

Our practice areas include:Tax Services• TaxComplianceServices• VAT(IndirectTaxation)• TaxStructuring• TaxMergersandAcquisitions(M&A)• TaxDisputeResolution• TransferPricing

Our work with leading companies across multiple industries helps make business happen in over 158 countries around the world. PwC Thailand helps organisations and individuals create the value they’re looking for. We are a member of the PwC network of firms in 158 countries with close to 169,000 people.

Recognition and Awards: • AsiAn-menA Counsel In-House Community Tax Firm of the Year in Thailand, 2012 and 2013• TransferPricingFirmoftheYear–Bangkok’and‘ThaiBigFourTaxTeamoftheYear’attheAcquisitionInternational

Tax Awards, 2012• ThaiCorporateTaxFirmoftheYear2012M&AAwardasvotedbyAcquisitionInternationalMagazine• TaxFirmoftheYear2010-2011"asvotedbytheInternationalTaxReview(ITR)• TaxFirmandTransferPricingFirmoftheYear2009asvotedbytheInternationalTaxReview(ITR)• TaxFirmandTransferPricingFirmoftheYear2007-2008asvotedbytheInternationalTaxReview(ITR)

Legal Services• CommercialContracts• CorporateSecretarialServices• Mergers&Acquisitions• Employment• Property• Litigation&DisputeResolution• BOIservices

Other Services• InternationalAssignmentServices

(IAS) • U.S.TaxDesk• JapaneseBusinessServices• OutsourcingServices

15th Floor Bangkok City Tower 179/74-80SouthSathornRoadBangkok 10120, Thailand

Tel: (66)023441000 (66) 0 2286 9999Fax: (66) 0 2286 2666 (66) 0 22862440

Website: www.pwc.com/th

Year Established: 1959

Americas | Asia | Europe | www.mayerbrownjsm.com

Teamwork wins awards.

Great clients and Mayer Brown JSM. It’s a dynamic team that creates award-winning work. That’s the power of teamwork.

We are pleased to have been named the Asian-Mena Counsel Firm of the Year 2013 in Hong Kong for:

Aviation Litigation & Dispute Resolution Real Estate/Construction Honorable Mentions: Employment, Most Responsive International Firm in Hong Kong

Thank you to our clients and colleagues for their continued support.


0 20 40 60 80 100

50%Excessive fees

Unexplained fees 27.8%

Missed deadlines 16.7%

Lack of involvement andinput by partners

16.7%

Work performed slowly/ine�ciently 22.2%

(% of respondents)


38.9%

0(% of respondents)

20 40 60 80 100

100%Expertise in a speci�c area

48%

Personal relationship with a lawyer


Fees

Relationship between companyand law �rm

50%

50%

JAPAN JAPANShowing its dominance, the financial services sector was easily the most represented of all the industries in Japan in 2013 (44.4 percent). But there was no doubting the resur-gence of representation for the nation’s Energy/Natural Resources sector, which regained second polling position (last held in 2010) with 16.7 percent of the votes after expe-riencing a significant decline in the last two years to fall to an all-time low of 4.17 percent in 2012. Telecommunications, Media & Technology also polled well (15.8 percent), sharing third place with the category of ‘Other’ after the same number of respondents indicated their company did not fall within any of the eleven identified options.

When it comes to team scale in Japan, it appears that size counts for something. Although close to two thirds of survey respondents told us they worked in teams of 2-5 people or 6-20 people in size (31.8 percent apiece), mirror-ing regional results, the most interesting number to emerge from this aspect of the survey is the fact that a sizable 22.7 percent of respondents work in in-house legal teams of 51 people or more. This figure overshadows corresponding proportions of respondents in this category from any juris-diction (the closest rival being Singapore on 14.3 percent) and far outweighs the number of Japanese respondents who work alone (4.5 percent).

Coming out on top when it comes to sourcing new mem-bers for the in-house legal team, legal recruiters (used by



Rajah & Tann LLPSingapore | China | Malaysia* | Lao PDR | Vietnam | Thailand | Indonesia* | Cambodia* | Myanmar

* associate firm

www.rajahtann.com

Sharpening our Asian network,

to give you the edge.

It’s been a while now since Rajah & Tann became officially the largest law firm in Singapore and South East Asia. But it’s not in our nature to sit back and admire the view from the top.

Instead, we’ve been moving rapidly forward with our strategy of expanding our regional footprint, not just in order to extend our reach still further, but to ensure that we are able to offer truly seamless service and support to clients across the region.

Which means, quite simply, that wherever you do business in SEA, we can give you the edge. From Bangkok to Shanghai, Yangon to Ho Chi Minh City, you can rely on Rajah & Tann for the same winning combination of exceptionally responsive service and world class legal expertise, delivered by locally-based lawyers with all the relevant know-how of the business environment and culture.

In short, for consistently excellent performance and responsive service across SEA, there’s only one name you need to know.

RT chili ad 210x297.indd 1 27/06/13 12:14

rajah & tann FP

Rajah & Tann LLPSingapore | China | Malaysia* | Lao PDR | Vietnam | Thailand | Indonesia* | Cambodia* | Myanmar

* associate firm

www.rajahtann.com

Sharpening our Asian network,

to give you the edge.

It’s been a while now since Rajah & Tann became officially the largest law firm in Singapore and South East Asia. But it’s not in our nature to sit back and admire the view from the top.

Instead, we’ve been moving rapidly forward with our strategy of expanding our regional footprint, not just in order to extend our reach still further, but to ensure that we are able to offer truly seamless service and support to clients across the region.

Which means, quite simply, that wherever you do business in SEA, we can give you the edge. From Bangkok to Shanghai, Yangon to Ho Chi Minh City, you can rely on Rajah & Tann for the same winning combination of exceptionally responsive service and world class legal expertise, delivered by locally-based lawyers with all the relevant know-how of the business environment and culture.

In short, for consistently excellent performance and responsive service across SEA, there’s only one name you need to know.

RT chili ad 210x297.indd 1 27/06/13 12:14

55.8 percent of survey respondents) will be pleased to learn that 42.4 percent of respondents predict a need to grow their teams in the coming year. Indeed, any job security concerns remain at a minimum for in-house lawyers in Japan as we move towards 2014; 56.3 percent anticipate that staffing levels will remain unchanged in the next 12 months, leaving only a tiny 1.3 percent to envisage any decrease in team size. In addition to employing the services of recruiters, those seeking to boost numbers are likely to place job advertisements (35.6 percent) and rely on referrals from other in-house lawyers, although the hunt for suitable talent may prove dif-ficult. According to the 2013 Robert Walters Half-Year Market Update, skilled professionals in the legal sector in Japan actively looking to change companies are in short supply.

External CounselClose to one third of survey respondents expect they will need to engage external lawyers at a greater rate (31.8 percent) in the next financial year, whilst the majority expect service levels to remain at a similar level (54.5 percent).

In a remarkable first for any jurisdiction in any of our Representing Corporate Asia & Middle East surveys conducted over the past five years, survey respondents from Japan were unanimous when it came to the factor which most influences their choice of external counsel. In 2013, an unprecedented 100 percent of participants selected expertise in a specific area as the criteria of most significance. Deviating from regional norms, in-house respondents in Japan told us that personal relationships with their

external lawyers and the reputation of individual lawyers were also strongly influential (50 percent apiece), as is the relationship between companies and their law firms (38.9 percent). (Figure 17)

Of course, the question of fees is never far out of mind for in-house counsel in any jurisdiction, and in Japan it polled as the fourth most influential factor (with 48.7 percent of the votes) in 2013 when it comes to the selection of law firms.

This trend continues when looking at the issues respondents have found to be most concerning when dealing with external counsel in the past year, with excessive fees (50 percent) and unexplained fees (27.8 percent) taking out first and second place. Meanwhile, 22.2 percent of survey participants have been trou-bled by work being performed slowly/inefficiently, whilst a lack of partner involvement/input was highlighted by 16.7 percent of respondents. (Figure 18)

Key Issues and Concerns In addition to implementing anti-corruption measures to deal with the likes of the FCPA, when asked to identify the key issues facing in-house counsel in their jurisdiction several survey respondents from Japan told us that cross-cultural issues can be a problem. As one commented, “It can be difficult to translate or reconcile the western approach with eastern sensitivi-

“It can be difficult to translate or reconcile the western approach with eastern sensitivities”





ties.” Specific mention was also made of increasing regula-tory scrutiny in the financial services sector.

Moving forward, in-house counsel expect to be chal-lenged by Japan’s changing business and regulatory landscape.

MALAYSIAA strong response rate ensured that each of the eleven identified industries were well-represented in Malaysia in 2013. Whilst Financial Services and Energy/Natural Resources tied for first place (23.5 percent apiece), Technology, Media & Telecommunications (13.2 percent), Manufacturing (10.3 percent) and Real Estate/Construction (8.8 percent) also drew their fair share of the votes, in addition to the 8.8 percent of survey respondents who told us they came from a sector other than those nominated.

The vast majority of in-house respondents from Malaysia told us they work in teams of 2-5 people (55.9 percent) or 6-20 people (30.9 percent) in size. In strong contrast to results from Japan, only 2.9 percent of survey participants work in teams of 51 people or more.

In line with data from 2012, respondents from Malaysia yielded the lowest expectations of internal growth for their in-house teams in the coming year (28.6 percent forecast an increase in headcount), with most participants predicting their current teams will remain the same size (68.3 percent) and sufficiently manage the anticipated workload moving


0 20 40 60 80 100

60.3%Excessive fees


30.9%Lack of update/news on our matters

29.4%

Failure to completely understand our business/company 35.3%

(% of respondents)

38.2%Failure to answer our questions/concerns in reasonable time


0(% of respondents)

20 40 60 80 100

32.4%Reputation of law �rm

Responsiveness

Expertise in a speci�c area

26.5%

64.7%


58.8%

89.7%

Fees

MALAYSIA



forward. Where hiring is on the cards, exactly half of all respond-ents are inclined to take direct action by placing job advertise-ments (50 percent) themselves, with the next most popular methods including the use of legal recruiters (36.8 percent) and using online job sites to search for candidates (33.8 percent).

External CounselWhen it comes to the services of law firms, the vast majority of survey respondents indicated that current levels of engagement will be maintained in the coming year (70.8 percent). A number of par-ticipants noted that advisory work is increasingly being managed in-house, with guidance sought from external counsel in litigious matters and other specialist issues such as M&A and restructuring.

A firm’s expertise in a specific area (89.7 percent) is clearly the primary consideration for survey respondents when selecting firms to guide them on such matters, with the matters of fees (64.7 per-cent) and a firm’s level of responsiveness (58.8 percent) also polling very strongly. Reputation does not go unnoticed in Malaysia, with 32.4 percent and 26.5 percent of respondents telling us they will be influenced by a law firm’s reputation and that of an individual lawyer respectively. (Figure 19)

Meanwhile, excessive fees (60.3 percent) have troubled the majority of in-house counsel in Malaysia in the past year in their dealings with their law firms. More than one third of survey par-ticipants have also been irritated by the failure of their chosen firm to both answer their questions/concerns in a reasonable time (38.2 percent) and fully understand the true nature of their company’s business operations (35.3 percent). (Figure 20)

Key Issues and Concerns Survey participants offered a wide range of responses when asked to identify the biggest issues facing in-house counsel in Malaysia at present, with two themes standing out in particular. A large number of respondents said there was a common percep-tion that their company’s legal department was a “hurdle” to the aspirations of the business divisions, and that it was dif-ficult to “balance being the legal conscience of the organ-isation with the commercial needs of the company.” A considerable proportion of survey participants also lamented a lack of knowledge and/or updates of the latest devel-opments to Malaysia’s legal framework, making it difficult to monitor and comply with relevant law and regulations.

In the coming year, survey respondents told us they will be most concerned with navigating the implications of various legis-lation, and ensuring compliance with same. Repeated mention was made of the Competition Act 2010, the Financial Services Act 2013 and the Personal Data Protection Act 2010, whilst several respondents also touched on the Strategic Trade Act 2010 and the Strata Management Act 2013. Talent retention of qualified and competent in-house lawyers is also a concern for some.

SINGAPOREOne of the key regional centres, Singapore immediately differenti-ated itself from other jurisdictions by virtue of the breakdown of its industry representation. Whilst, in line with the regional average, Financial Services (31.4 percent) snagged top polling position and Technology, Media & Telecommunications (22.9 percent) was unsurprisingly next in line in the tiny island republic, Infrastructure (20 percent) and Supply Chain/Logistics (17.1 percent) muscled in to secure their positions as the third and fourth best-represented industries (neither sector having secured a top-four berth in any other jurisdiction with the exception of Infrastructure in Thailand). Real Estate/Construction also tied for fourth place (17.1 percent), whilst in 2013 not one survey respondent came from Singapore’s Government/Regulatory sector.

The majority of our in-house survey respondents work in legal teams of 2-5 people (42.9 percent) and 6-20 people (28.6 percent) in size, however there was also representation for teams of 51 people or more (14.3 percent). Close to one tenth of participants work alone (9.5 percent) and so have no choice but to look directly to external counsel when legal assistance is required. As was the case in neighbouring Malaysia, Singaporean in-house counsel share some of the lowest expectations when it comes to growth of their teams in the coming year, with only 29.3 percent predicting any likely increase in headcount.

Where the need arises, recruiters are plainly the preferred method for sourcing and hiring in-house lawyers and are employed by 80 percent of survey respondents. One quarter of survey par-ticipants will also be guided by referrals from in-house legal col-leagues or choose to place job advertisements themselves (each method appealing to 25.7 percent of participants), whilst referrals from other company colleagues (22.9 percent) and external coun-sel (20 percent) also hold value for some.

External CounselLaw firms will be pleased to hear that 40.5 percent of survey respondents have indicated they will need to engage external counsel at greater levels in the coming 12 months, whilst a healthy 54.1 percent forecast that current service levels will be main-tained. Those predicting growth pointed to the increasing sophis-tication of regulators and the fact that a number of in-house teams in Singapore have cross-border responsibilities and so require specialist legal advice concerning other jurisdictions as M&A and other investment activities are considered.

In-house respondents in Singapore prioritise the same five factors as their counterparts in Malaysia and China when it comes to selecting external counsel, with only slight variations as to order. In the maritime nation expertise in a specific area wields the greatest influence (85.7 percent), with fees and responsiveness (68.6 percent apiece) also proving highly persuasive. Meanwhile, the reputation of an individual lawyer (40 percent) and that of a law firm (34.3 percent) hold sway for a sizable proportion of survey participants. (Figure 21)

Just over half of all respondents have taken issue with what they perceive to be excessive fees (54.3 percent) in the past year, whilst more than one third have felt their external

“[It is difficult to] balance being the legal conscience of the organisation with the commercial needs of the company”



counsel have failed to grasp the true nature of their com-pany’s business or operations (34.4 percent). Singaporean in-house counsel have also come to expect prompt serv-ice and 31.4 percent of participants admit they have been troubled by the failure of their appointed law firms to perform work in a timely and efficient manner, whilst 25.7 percent queried their firm’s response time when answering their questions or concerns. (Figure 22)

Key Issues and ConcernsCompliance with existing laws and regulations, and staying abreast of both domestic regulatory changes and those in other jurisdictions in the region that might be of relevance to their companies’ operations, are amongst the main challenges cur-rently facing in-house counsel in Singapore. A number of survey participants also told us of the pressure to manage the costs of external counsel in the face of escalating and increas-ingly diversified workloads, whilst some touched on the issue of talent retention and the salary gap between private and in-house practice.

In the coming year, survey respondents expect to dedicate most of their attention to ensuring compliance with privacy and data legislation and anti-bribery and anti-competition laws. With budgets for external counsel likely to remain a bone of contention for many, participants are also eager to identify individual lawyers with the requisite skill-set and knowledge and optimise the services of law firms as a whole to best meet the demands of their internal stakeholders.

WE MAKE A WORLD OF DIFFERENCE

We are voted as the most preferred external counsel in several practices in the sixth “Representative Corporate Asia Survey -- Firms of the Year 2013”.

We would not have been able to attain this without the positive feedback from you, our client. Your support has allowed us to earn our place as a leading law firm.

While Singapore is our base, our business is global. We look forward to serve your needs anywhere in the world.

WongPartnership LLP (UEN: T08LL0003B) is a limited liability law partnership registered in Singapore under the Limited Liability Partnerships Act (Chapter 163A).

ASEAN | CHINA | MIDDLE EASTwongpartnership.com


0 20 40 60 80 100

54.3%Excessive fees

Wrong/badadvice given 22.9%

Failure to answer our questions/concerns in a reasonable time 25.7%

Failure to completely understand our business/company

34.3%

Work performed slowly/ine�ciently 31.4%

(% of respondents)


0(% of respondents)

20 40 60 80 100

34.3%

40%

68.6%

68.6%



Fees

85.7%

Responsiveness


SINGAPORE




0 20 40 60 80 100

54.7%Excessive fees

17%

17%

Lack of updates/news on our matters 23.4%


25.5%

(% of respondents)

Unexplained fees

Work performedslowly/ ine�ciently



0 20 40 60 80 100

31.9%Personal relationship with a lawyer

51.1%

Fees 38.3%

Expertise in a speci�c area 80.9%


34%

(% of respondents)


SOUTH KOREA SOUTH KOREAManufacturing (38.3 percent) proved the dominant sector when it came to industry representation in South Korea, followed by Energy/Natural Resources (25.5 percent), leaving Financial Services in third place in 2013 with 21.3 percent of the votes. Just over one tenth of respondents aligned themselves with the Real Estate/Construction sector (10.6 percent), whilst Wholesale/Retail Services polled in equal fifth place alongside Technology, Media & Telecommunications (on 8.5 percent apiece).

‘Not too small and not too large’ appears to be the general rule when it comes to in-house team size in South Korea. Just over half of all survey participants told us they work in teams of 2-5 people (51.9 percent), whilst 25 percent and 13.5 percent work in teams of 6-20 people and 21-50 people respectively. Only 5.8 percent of respondents bear sole responsibility for their company’s in-house legal work, with an even smaller proportion (3.8 percent) working in teams of 51 people or more.

After a tiny 1.79 percent of respondents from South Korea indicated any likely job loss within their teams in 2012 (the smallest figure to emerge from any of the jurisdictions surveyed last year), happily job security concerns have now completely vanished with not one survey respondent forecasting any decline in the size of their in-house team in the coming year. At the other end of the spectrum, 45.1 percent of participants predict that their teams are likely to grow – a number outlining expansion plans in foreign markets including those in the Middle East – with the remaining 54.9 percent anticipating headcount levels will remain stable as we embark on another financial year.

When it comes to hiring in-house counsel respondents prefer to do much of the legwork themselves, with 61.7 percent opting to place job advertisements directly. Just over one third will utilise the services of legal recruiters (34 percent), whilst 23.4 percent also see value in using online job sites to search for suit-able candidates.

External CounselThere was little to separate the survey respondents who anticipate they will need to use external counsel at greater levels in the coming year (47.2 percent) from those who expect that current levels of outsourcing will remain appropriate (45.3 percent). Shifting market sentiment and ambiguous regulatory requirements were among the reasons given by those predicting a need for greater outside assist-ance, as was the positive change in the perception of some business stakeholders of the value-add of law firms (leading to a subsequent willingness to increase legal budgets).

Whilst expertise in a specific area proves most influential when it comes to the selection of law firms (80.9 percent), half of all respondents are convinced of a firm’s calibre by virtue of its reputation (51.1 percent). A sizable proportion are also guided by the reputation of an individual lawyer (34 percent),

whilst the question of fees will weigh into the debate for 38.3 percent of respondents. (Figure 23)

The ire of more than half of all respondents from South Korea has been raised in the past year by what is perceived as excessive billing from law firms (57.4 percent), with 42.6 percent also trou-bled by a failure on the part of their external counsel to completely understand their business or company operations. One quarter have also expressed concerns about work being performed slowly or inefficiently (25.5 percent), whilst 23.4 percent have felt frus-trated by a lack of updates/news on their matters. (Figure 24)

Key Issues and ConcernsLike many of their counterparts across the region, numerous survey respondents identified the ambiguity of regulations and legislation as being amongst the major challenges facing in-house counsel in South Korea. However, a chorus of voices also indicated that acceptance in local compa-nies of in-house counsel as

“There can be a lack of understanding by senior management as to the proper role of the legal function and often an insufficient, or non-existent, compliance function”



“business partners” over the traditionally-held view of “con-tract reviewers” is something of an uphill battle. As one respondent commented, “There can be a lack of understanding by senior management as to the proper role of the legal function (including being a necessary check and balance to the busi-ness), and often an insufficient, or non-existent, compliance function. These are further hindered by a shortage of senior, experienced in-house counsel, because Korean companies tend to hire inexperienced junior lawyers as they are cheaper.” Another noted there was less emphasis and intensity placed on training for in-house lawyers vis-a-vis their private practice counterparts, as well as a lack of resources to assist in the per-formance of their roles.

In the next 12 months, survey respondents expect to direct their attention towards ensuring compliance of foreign legislation – mention was made of the FCPA and the UK’s Bribery Act 2010 in particular – as well as relevant anti-trust laws, whilst a number also expect to be tied-up with cross-border M&A issues.

THAILANDOur penultimate jurisdiction to be covered is Thailand, where Energy/Natural Resources emerged as the dominant sector (24.1 percent) in 2013. Technology, Media & Telecommunications attracted the second-largest proportion of respondents (20.7 percent), whilst there was a remarkable four-way tie for third place, with Financial Services, Life Sciences, Infrastructure and

Manufacturing each commanding 13.8 percent of the votes.The clear majority of survey respondents work alongside

only a handful of colleagues (59.4 percent work in teams of 2-5 people), whilst in second place two categories – teams of 1 person and 6-20 people – were evenly split, each attracting 15.6 percent of participants. Interestingly, not one respondent told us they work in teams numbering 21-50 people, with a more common option in Thailand being teams of 51 people or more (with 9.4 percent of votes).

Just over half of all respondents expect their teams will remain the same size in the coming year (51.7 percent), whilst a healthy 44.8 percent indicate a likelihood of growth; of this number, 82 percent signalled the underlying reason was business expansion. Survey respondents from Thailand displayed a willingness to use a range of methods when it comes to hiring new talent for their teams. Engaging legal recruiters tops the list as the most popular technique (37.9 percent), whilst 27.6 percent of respondents will heed advice from other in-house counsel about potential candi-dates, and 26.5 percent will take the initiative to place job adver-tisements directly. Referrals from other company colleagues also carry weight with 17.2 percent of participants.

External CounselEstimations from Thailand about the use of external counsel in the coming year stayed close to regional averages, with 40.6 percent of respondents indicating a likely rise on current service levels and 50 percent predicting levels will remain the same



(largely owing to budget constraints and, for several par-ticipants, the fact their teams have recently acquired additional headcount).

There was little dissension amongst survey respond-ents when it came to the factors most likely to influence Thai in-house counsel in their selection of law firms. A resounding 89.7 percent of respondents chose expertise in a specific area as their primary area of concern, followed by fees on 65.5 percent. A convincing 44.8 percent and 41.4 percent of respondents respectively will also look to a law firm’s levels of responsiveness and reputation before making their decision. Firms working hard to solidify client relationships should not be disheartened; the relationship between a company and its chosen law firm took fifth place in 2013 (20.7 percent), followed by an in-house counsel’s personal relationship with a private practitioner (17.2 percent). (Figure 25)

And where there was usually some small level of sup-port for the following factors in the other nine jurisdic-tions looked at, not one respondent from Thailand would be guided by any of the following factors: the size of a law firm, free know-how including legislative updates, IT utilisation, reach/office location, or low staff turnover.

Excessive fees have been most concerning for in-house respondents in their dealings with external counsel in the past year, followed by issues regarding the prompt-ness (or, more to the point, lack thereof) of service received. A failure by law firms to answer their clients’ questions/concerns in a reasonable time (34.5 percent),

UNITED ARAB EMIRATESThe final jurisdiction to be covered in AsiAn-menA Counsel’s Representing Corporate Asia & Middle East Survey in 2013 is the United Arab Emirates, where a strong response rate emanated from key players Dubai and Abu Dhabi.

There was a very even spread when it came to industry repre-sentation from the UAE, with only 5.5 percent separating the top six sectors. Narrowly securing first place was Financial Services (19.4 percent), followed closely by both the Energy/Natural Resources and Real Estate/Construction (18.1 percent apiece) sec-tors. Technology, Media & Telecommunications was assured third place on 15.3 percent and, illustrating that it was indeed difficult to split hairs in the UAE this year, Infrastructure and Wholesale/Retail Services also tied to assume equal fourth place on 13.9 percent of the votes.

Survey results showed that it is highly unusual for in-house counsel to work in teams of 21 people or more in the UAE, with teams of 2-5 people the most common scenario (43 percent), fol-lowed by 6-20 people (34.2 percent). Meanwhile, 16.5 percent of survey participants act as the sole in-house legal representative in their company. These figures may be set to change in the near future, however, with a very healthy 46.8 percent of respondents indicating their teams are likely to grow in number in the coming year – the vast majority citing expansion in business activities –


0 20 40 60 80 100

62.1%Excessive fees

24.1%


20.7%


27.6%

20.7%

(% of respondents)

Lack of updates/news on our matters

Missed deadlines

Work performedslowly/ ine�ciently

44.8%


0(% of respondents)

20 40 60 80 100

20.7%Relationship betweencompany and law �rm

89.7%


Fees


Responsiveness

41.4%

65.5%

THAILAND

complaints of work being performed slowly/inefficiently (27.6 percent), and a lack of news/updates on matters (24.1 percent) rounded out the top four polling positions. (Figure 26)

Key Issues and ConcernsTopping the list of current issues facing in-house counsel in Thailand at present were the difficulties with obtaining quality legal advice from law firms for a reasonable cost. Establishing strong lines of communication with management is also a chal-lenge for a number of respondents, whilst one complained of “archaic and corrupt legal and government institutions.”

Compliance and keeping abreast of changes in legislation were among the usual suspects when survey respondents in Thailand were asked to comment on the major issues likely to face in-house counsel in their jurisdiction moving forward. Looking to the future and the challenges that lie ahead, survey respondents also placed considerable emphasis on changes to the business environment in the region owing to the establish-ment of the ASEAN Economic Community (AEC). The man-date of the AEC is to achieve the goal of regional economic integration by 2015, essentially through the transformation of ASEAN into a region with free movement of goods, services, investment and skilled labour, whilst also allowing for capital to flow more freely.



whilst not one participant anticipates any reduction in headcount. Where approval for additional headcount has been obtained,

legal recruiters can expect to play a significant role in sourcing suitable candidates, with 58.9 percent of respondents indicating a willingness to use their services as their preferred method. The direct placement of job advertisements is the next most popular tactic (31.5 percent) whilst, in a move away from the approach taken in most other jurisdictions, survey respondents in the UAE told us they are more likely to seek referrals from company colleagues (26 percent) before heeding advice on such matters from other in-house counsel (23.3 percent) or external counsel (13.7 percent).

External CounselA very slim majority of survey respondents expect to rely on external counsel at greater levels in the coming year (46.8 per-cent), marginally edging out the 44.2 percent of respondents who anticipate that current service levels will have to remain adequate. Of the 9.1 percent who predict service levels will fall as we move

towards 2014 and beyond, the majority told us of company plans to boost internal legal resources in respect of both headcount and expertise – one respondent spoke of a man-date to secure bilingual lawyers with hands-on experience – in order to cope with greater levels of work in-house.

Mimicking regional averages, survey respondents chose the same top three factors as being the most influential when it comes to determining which law firm will be trusted with advising their company. Expertise in a specific area appealed to the vast majority of respondents (76.7 percent), with a firm’s fees (50.7 percent) and reputation (42.5 percent) also polling strongly. In fourth place, the significance of personal relationships cultivated between in-house lawyers and their external counsel (35.6 percent) does not go unnoticed, whilst the broader relationship between the company and its law firm and a firm’s levels of responsiveness tied for fifth place with 31.5 percent of the votes. (Figure 27)

As was the case in 2012, fee-related concerns topped the list as the major issues to emerge for in-house counsel in their dealings with law firms in the past year. After exces-sive fees (57.5 percent) and incidences of unexplained fees (34.2 percent), survey respondents were next most con-cerned by a lack of updates/news on matters (28.8 percent) and a failure by firms to answer their questions/concerns in a reasonable time (27.4 percent). Although only polling in ninth place, just over one tenth of respondents from the UAE also told us they were troubled by a frequent turnover of lawyers at their chosen firms (11 percent). (Figure 28)

Key Issues and Concerns When asked to comment on the major challenges cur-rently facing in-house counsel in their jurisdiction,


0 20 40 60 80 100

57.5%Excessive fees

34.2%

27.4% Failure to answer our questions/concerns in reasonable time

20.5%

Unexplained fees

28.8%

(% of respondents)



31.5%

76.7%


0(% of respondents)

20 40 60 80 100

35.6%Personal relationship with a lawyer

50.7%

Relationship betweencompany and law �rm



Responsiveness

Fees

31.5%

42.5%

UNITED ARAB EMIRATES

respondents touched on a vast number of themes. The most widely-held views emphasised market uncertainty, regulatory change and a lack of clarity regarding local laws, whilst survey respondents also offered numerous comments regarding the judicial systems in the UAE. In particular, the difficulty of accessing court decisions, the uncertainty of court procedures, and a relative lack of precedents and inconsistency in judg-ments were highlighted.

Moving forward, survey respondents also revealed that a range of issues would likely require attention in the coming year. Whilst harmonising corporate governance and compliance-related behaviour with international best practice is expected to occupy many, some respondents will also juggle the task of helping their companies realise competitive growth strategies by meeting increasing internal demands for service, all the while managing escalating constraints on resources. A number of respondents also pointed to alternative dispute resolution, and in particular arbitration, as playing a key role in resolving disputes in the next 12 months.





A Unique & Objective MethodologyOver 20,000 pre-qualified in-house counsel and buyers of legal services were invited to participate in our survey directly and personally online, through a controlled interface, or while attending one of our 17 annual In-House Congress and Symposium events across the region (some 2,500 in-house counsel attend at least one of our 15 In-House Community events each year). With no obligation, 567 individuals responded to the survey in full (see Figure 1 on page 22 for a full breakdown of our respondents by job title and role).

Participants were asked, among other things, for their comments on the quality and value of service they received from external counsel in their jurisdiction, and where applicable, in other jurisdictions, and which firms they ‘prefer to use’ for various activities. In-house counsel were able to nominate any firm of their acquaintance – the survey does not lead their choices in any way whatsoever and hence is unique among legal polls in the region – with votes aggregated to select the winning firms in each category. As such, the results do not indicate which law firms have been the most active in any given area, but rather those private practice teams whose service has been of meritable quality and who have been responsive to their clients’ needs beyond the norm. It is not a ranking of firms, and a law firm’s absence from the below is no criticism of them or their abilities, but it is to the great credit of the firms honoured herein that their clients have voluntarily nominated them for recognition in the following areas.

Where applicable, both domestic and international firms have been recognised as ‘Winners’, and where results have been ‘too close to call’, joint category winners have been announced. In addition to the winning firms, ‘Honourable Mentions’ have been awarded to law firms that have also received notable in-house recognition, and in the event of significant votes but no outright winner in a category, we have named all the firms as ‘Honourable Mentions’.

Congratulations to all those who have played a part in the teams honoured below.

CHINAAlternAtive investment Funds (including private equity)• JunHeLawOfficesHonourable Mention• FangdaPartners

Anti-trust/COmpetitiOn• Baker&mcKenzie• CliffordChance• FreshfieldsBruckhausDeringer• JunHeLawOffices• King&WoodmallesonsHonourable Mentions:• Broad&Bright• ZhonglunLawFirm

AviAtiOnHonourable Mention:• CliffordChance

BAnKing&FinAnCe• CliffordChance• King&WoodmallesonsHonourable Mentions:• Allen&Overy• FangdaPartners• JunHeLawOffices• LlinksLawOffices• ZhonglunLawFirm

CApitALmArKets• Davispolk&Wardwell• Haiwen&partners• JunHeLawOffices• sullivan&Cromwell

COmpLiAnCe/reguLAtOry• Baker&mcKenzie• sidley&AustinHonourable Mention:• ZhonglunLawFirm

COrpOrAteAnDm&A• CliffordChance• JunHeLawOffices• King&Woodmallesons• ZhongLunLawFirmHonourable Mentions:• Baker&McKenzie• DavisPolk&Wardwell• FreshfieldsBruckhausDeringer• JonesDay• Linklaters

AsiAn-menA Counsel is pleased to annouce the ‘In-House Community Firms of the Year’ for 2013. The results are based entirely on the votes and testimonials of in-house counsel and corporate decision makers surveyed as part of the 7th annual AsiAn-menA Counsel – In-House Community ‘Representing Corporate Asia & Middle East’ Survey.

“ ... the survey does not lead [respondents’] choices in any way whatsoever and hence is unique among legal polls in the region”


RepresentingCorporateAsia&MiddleEast

empLOyment• Baker&mcKenzie• JunHeLawOfficesHonourable Mentions:• Clyde&Co• King&WoodMallesons• Simmons&Simmons• TransAsiaLawyers

energy&nAturALresOurCes• BakerBottsHonourable Mention:• HerbertSmithFreehills

envirOnmentALHonourable Mention• Winston&Strawn

insurAnce• Clyde&Co

inteLLeCtuALprOperty• King&WoodmallesonsHonourable Mentions:• Baker&McKenzie• FangdaPartners• JunHeLawOffices

internAtiOnALArBitrAtiOn• HerbertsmithFreehills• King&WoodmallesonsHonourable Mentions:• Dorsey&Whitney• MartinHu&Partners

liFe sciences• sidleyAustin

LitigAtiOn&DisputeresOLutiOn• JunHeLawOffices• King&Woodmallesons• ZhonglunLawFirmHonourable Mentions:• Everbright(JinTianCheng)• FangdaPartners• MartinHu&Partners• ShanghaiXingyeLawFirm

mAritime&sHipping• sloma&Co

Honourable Mentions:• Clyde&Co• Kai-RongLawFirm• Ince&Co• WangJing&Co

prOJeCts&prOJeCtFinAnCing• CliffordChance• JunHeLawOfficesHonourable Mention:• ZhonglunLawFirm

reALestAte/COnstruCtiOn• JunHeLawOffices• ZhonglunLawFirmHonourable Mention:• King&WoodMallesons

restruCturing&insOLvenCyHonourable Mentions• CliffordChance• King&WoodMallesons

tAxAtiOn• ernst&youngHonourable Mentions:• Baker&McKenzie• DeloitteToucheTohmatsu• JunHeLawOffices• KPMG• PricewaterhouseCoopers

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgyHonourable Mentions:• Baker&McKenzie• DLAPiper• JunHeLawOffices• King&WoodMallesons

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr• Baker&mcKenzie• CliffordChanceHonourable Mentions:• Clyde&Co• DLAPiper• FreshfieldsBruckhausDeringer• HerbertSmithFreehills• JonesDay• SidleyAustin• Skadden,Arps,Slate,Meagher&Flom

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• JunHeLawOffices• King&Woodmallesons• ZhonglunLawFirmHonourable Mentions:• DachengLawOffices• FangdaPartners• Haiwen&Partners• MartinHu&Partners

HONg kONgAlternAtive investment Funds (including private equity)• Baker&mcKenzie• DechertHonourable Mentions:• Deacons• Debevoise&Plimpton• FangdaPartners

Anti-trust/COmpetitiOn• Baker&mcKenzieHonourable Mention:• FreshfieldsBruckhausDeringer

AviAtiOn• mayerBrownJsm Honourable Mentions:• Baker&McKenzie• HolmanFenwickWillan

BAnKing&FinAnCe• LinklatersHonourable Mentions:• Allen&Overy• HoganLovells• King&WoodMallesons

CApitALmArKets• Allen&Overy• Linklaters• reedsmithrichardsButlerHonourable Mentions:• DavisPolk&Wardwell• SlaughterandMay



COmpLiAnCe/reguLAtOry• Baker&mcKenzie• CliffordChance• LinklatersHonourable Mentions:• Deacons• HerbertSmithFreehills• ReedSmithRichardsButler

COrpOrAteAnDm&A• CliffordChance• FreshfieldsBruckhausDeringer• LinklatersHonourable Mentions:• Baker&McKenzie• HerbertSmithFreehills• ReedSmithRichardsButler

empLOyment• Baker&mcKenzie• simmons&simmonsHonourable Mention:• MayerBrownJSM

energy&nAturALresOurCesHonourable Mention:• Baker&McKenzie

envirOnmentALHonourable Mention:• Baker&McKenzie

insurAnce• smyth&CoinassociationwithrpC

inteLLeCtuALprOperty• Baker&mcKenzie• DeaconsHonourable Mentions:• Marks&Clerk• SquireSanders

internAtiOnALArBitrAtiOn• HerbertsmithFreehills

islAmic FinAnce• Allen&OveryHonourable Mention:• Linklaters

liFe sciencesHonourable Mentions:• Allen&Overy• Linklaters

LitigAtiOn&DisputeresOLutiOn• HerbertsmithFreehills• mayerBrownJsmHonourable Mentions:• Baker&McKenzie• Deacons• HoganLovells• ONCLawyers• P.C.Woo&Co

mAritime&sHipping• ince&CoHonourable Mentions:• Clyde&Co• NortonRoseFulbright

prOJeCts&prOJeCtFinAnCingHonourable Mentions:• Linklaters• MinterEllison

reALestAte/COnstruCtiOn• mayerBrownJsmHonourable Mentions:• HoganLovells• P.C.Woo&Co• PinsentMasons• WooKwanLee&Lo

restruCturing&insOLvenCyHonourable Mentions:• Linklaters• O’Melveny&Myers• TannerDeWitt

tAxAtiOn• Baker&mcKenzieHonourable Mentions:• MayerBrownJSM• ReedSmithRichardsButler

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgy• Baker&mcKenzieHonourable Mentions:• Deacons• JonesDay• Morrison&Foerster

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr• Baker&mcKenzieHonourable Mentions:• CliffordChance• DLAPiper• HerbertSmithFreehills• King&WoodMallesons• Latham&Watkins• Linklaters• MayerBrownJSM

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• DeaconsHonourable Mentions:• ONClawyers• SiaoWen&Leung• WooKwanLee&Lo

INdIAAlternAtive investment Funds (including private equity)• Amarchand&mangaldas&suresh

Ashroff&Co• J.sagarAssociatesHonourable Mentions:• AZB&Partners• Desai&Diwanji• Khaitan&Co

Anti-trust/COmpetitiOn• Amarchand&mangaldas&suresh

Ashroff&CoHonourable Mention:• J.SagarAssociates

AviAtiOnHonourable Mentions:• Bhasin&Co• Clyde&Co• J.SagarAssociates



BAnKing&FinAnCe• Amarchand&mangaldas&suresh

Ashroff&Co• J.sagarAssociates• trilegal• Wadiaghandy&CoHonourable Mention:• NishithDesaiAssociates

CApitALmArKets• Amarchand&mangaldas&suresh

Ashroff&Co• CrawfordBayley&Co• J.sagarAssociates

COmpLiAnCe/reguLAtOry• Amarchand&mangaldas&suresh

Ashroff&Co

COrpOrAteAnDm&A• Amarchand&mangaldas&suresh

Ashroff&Co• AZB&partnersHonourable Mentions:• CrawfordBayley&Co• Khaitan&Co

empLOymentHonourable Mention:• AZB&Partners

energy&nAturALresOurCes• Amarchand&mangaldas&suresh

Ashroff&CoHonourable Mentions:• DuaAssociates• Khaitan&Co• Trilegal

envirOnmentALHonourable Mention:• Amarchand&Mangaldas&SureshA

Shroff&Co

insurAnce• prALawOffices• tulli&CoHonourable Mention:• Amarchand&Mangaldas&SureshA

Shroff&Co

inteLLeCtuALprOperty• AnandandAnandHonourable Mention:• Singh&SinghAdvocates

internAtiOnALArBitrAtiOn• HerbertsmithFreehillsHonourable Mention:• EconomicLawsPractice

liFe sciencesHonourable Mentions:• CrawfordBayley&Co• Lakshmikumaran&Sridharan

LitigAtiOn&DisputeresOLutiOn• Amarchand&mangaldas&suresh

Ashroff&CoHonourable Mentions:• AZB&Partners• CrawfordBayley&Co• Khaitan&Co

mAritime&sHippingHonourable Mentions:• PrashantSPratapLawOffice• Mulla&Mulla&CraigieBlunt&Caroe

prOJeCts&prOJeCtFinAnCing• Amarchand&mangaldas&suresh

Ashroff&Co• AZB&partners• Desai&Diwanji• J.sagarAssociates• LinkLegalindiaLawservices

reALestAte/COnstruCtiOn• Desai&Diwanji• poovayya&Co• rajindernarain&Co• Wadiaghandy&CoHonourable Mention:• ClasisLaw

restruCturing&insOLvenCy• Desai&Diwanji

tAxAtiOn• Lakshmikumaran&sridharan

Honourable Mentions:• AZB&Partners• BansiSMehta&Co• VaishAssociatesAdvocates

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgy• Amarchand&mangaldas&suresh

Ashroff&Co• singh&singhAdvocates

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr • Linklaters• shearman&sterlingHonourable Mentions• AllenandOvery• Ashurst• DavidPolk&Wardwell• Milbank,Tweed,Hadley&McCloy

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• Amarchand&mangaldas&suresh

Ashroff&Co• AZB&partnersHonourable Mentions:• CrawfordBayley&Co• J.SagarAssociates• Lakshmikumaran&Sridharan• Trilegal

INdONesIAAlternAtive investment Funds(including private equity)• Hadiputranto,Hadinoto&partnersHonourable Mention:• AliBudiardjo,Nugroho,Reksodiputro

(ABNR)

Anti-trust/COmpetitiOn• AssegafHamzah&partners• ignatiusAndyLawOfficesHonourable Mention:• Hadiputranto,Hadinoto&Partners

AviAtiOn• Bahar&partners



BAnKing&FinAnCe• AliBudiardjo,nugroho,

reksodiputro(ABnr)• Hadiputranto,Hadinoto&partnersHonourable Mentions:• Ginting&Reksodiputro(inassociation

withAllen&Overy)• HiswaraBunjamin&Tandjung(inassoci-

ationwithHerbertSmithFreehills)

CApitALmArKets• AssegafHamzah&partners• Hadiputranto,Hadinoto&partners• makes&partnersHonourable Mention:• AliBudiardjo,Nugroho,Reksodiputro

(ABNR)

COmpLiAnCe/reguLAtOry• AliBudiardjo,nugroho,

reksodiputro(ABnr)• soewitosuhardimaneddymurthy

Kardono(sseK)Honourable Mention:• LubisGanieSurowidjojo

COrpOrAteAnDm&A• AssegafHamzah&partners• Hadiputranto,Hadinoto&partners• makarim&tairas.Honourable Mentions:• AliBudiardjo,Nugroho,Reksodiputro

(ABNR)• Bahar&Partners• HiswaraBunjamin&Tandjung(inassoci-

ationwithHerbertSmithFreehills)• LubisGanieSurowidjojo

empLOyment• makarim&tairas.Honourable Mentions:• Kemalsjah&Associates• SoewitoSuhardimanEddymurthy

Kardono(SSEK)

energy&nAturALresOurCes• AliBudiardjo,nugroho,

reksodiputro(ABnr)• Lubisganie&surowidjojoHonourable Mentions:• AKSETLaw• Ginting&Reksodiputro(inassociation

withAllen&Overy)

envirOnmentAL• AssegafHamzah&partners

insurAnce• makarim&tairas.• Wiriadinata&saleh

inteLLeCtuALprOperty• Amrpartnership• K&KAdvocates

internAtiOnALArBitrAtiOn• AssegafHamzah&partnerHonourable Mentions:• KarimSyahLawFirm• LubisGanieSurowidjojo• Rodyk&Davidson

islAmic FinAnceHonourable Mentions• AliBudiardjo,Nugroho,Reksodiputro

(ABNR)• Bahar&Partners• Hadiputranto,Hadinoto&Partners• HiswaraBunjamin&Tandjung(inassoci-

ationwithHerbertSmithFreehills)• KarimSyahLawFirm

liFe sciencesHonourable Mentions:• Bahar&Partners• Hadiputranto,Hadinoto&Partners• SoewitoSuhardimanEddymurthy

Kardono(SSEK)

LitigAtiOn&DisputeresOLutiOn• AdnanBuyungnasution&partners• AdnanKelanaHaryanto&

Hermanto(AKHH)• Hadiputranto,Hadinoto&partners• HiswaraBunjamin&tandjung(in

associationwithHerbertsmithFreehills)

Honourable Mention:• Drew&Napier

mAritime&sHipping• Bahar&partners• Lubisganiesurowidjojo

prOJeCts&prOJeCtFinAnCing• Hadiputranto,Hadinoto&partnersHonourable Mention:• Bahar&Partners

reALestAte/COnstruCtiOnHonourable Mentions:• AlbertHasibuanandPartners• Bahar&Partners• Makarim&TairaS.• WiyonoPartnership

restruCturing&insOLvenCy• Bahar&partners• Hadiputranto,Hadinoto&partnersHonourable Mentions:• DNCAdvocatesAtWork• Tumbuan&Partners(inassociationwith

O’Melveny&Myers)

tAxAtiOn• ernst&young• Hadiputranto,Hadinoto&partners

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgyHonourable Mentions:• Bahar&Partners• Hadiputranto,Hadinoto&Partners• HiswaraBunjamin&Tandjung(inassoci-

ationwithHerbertSmithFreehills)• IndonesianLawAllianceAdvocates

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr • Baker&mcKenzie• HerbertsmithFreehills• rajah&tann• White&CaseHonourable Mentions:• Allen&Overy• JonesDay• Latham&Watkins• O’Melveny&Myers

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• AliBudiardjo,nugroho,

reksodiputro(ABnr)• Hadiputranto,Hadinoto&partnersHonourable Mentions:• LubisGanieSurowidjojo• Makarim&TairaS.



JAPANAnti-trust/COmpetitiOnHonourable Mentions:• HerbertSmithFreehills• MoriHamada&Matsumoto

BAnKing&FinAnCeHonourable Mention:• AndersonM-ori&Tomotsune

CApitALmArKetsHonourable Mentions:• CliffordChance• Sullivan&Cromwell• Linklaters

COmpLiAnCe/reguLAtOryHonourable Mention:• MoriHamada&Matsumoto

COrpOrAteAnDm&A• moriHamada&matsumotoHonourable Mentions:• ClearyGottliebSteen&Hamilton• DLAPiper• K&LGates• Skadden,Arps,Slate,Meagher&Flom• Shearman&Sterling

empLOymentHonourable Mentions• Atsumi&Sakai• Baker&McKenzie(GaikokuhoJoint

Enterprise)• Miyake&Yamazaki• MoriHamada&Matsumoto

energy&nAturALresOurCesHonourable Mention• CliffordChance

insurAnceHonourable Mention• NagashimaOhno&Tsunematsu

inteLLeCtuALprOpertyHonourable Mention• MoriHamada&Matsumoto

internAtiOnALArBitrAtiOnHonourable Mentions:• AndersonM-ori&Tomotsune• MoriHamada&Matsumoto

LitigAtiOn&DisputeresOLutiOnHonourable Mentions:• MoriHamada&Matsumoto• SidleyAustinNishikawaForeignLaw

JointEnterprise

mAritime&sHippingHonourable Mention:• NortonRoseFulbright

prOJeCts&prOJeCtFinAnCingHonourable Mention:• CliffordChance

reALestAte/COnstruCtiOnHonourable Mention:• Morrison&Foerster

restruCturing&insOLvenCyHonourable Mention:• K&LGates

tAxAtiOnHonourable Mentions:• DeloitteToucheTohmatsu• Nishimura&Asahi

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgyHonourable Mention:• MoriHamada&Matsumoto

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr • K&Lgates• morrison&FoersterHonourable Mentions:• CliffordChance• DLAPiper• HoganLovells• Linklaters• Simmons&Simmons

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• moriHamada&matsumotoHonourable Mentions:• AndersonM-ori&Tomotsune• Atsumi&Sakai• Miyake&Yamazaki• Nishimura&Asahi

MAlAysIAAlternAtive investment Funds(including private equity)Honourable Mentions:• Adnan,Sundra&Low• RahmatLim&Partners• ShearnDelamore&Company• Wong&Partners

Anti-trust/COmpetitiOn• Christopher&LeeOng (inassociationwithrajah&tann)• rajaDarryl&LohHonourable Mentions:• ShearnDelamore&Company• Wong&Partners• ZulRafique&Partners

AviAtiOn• nortonroseFulbright

BAnKing&FinAnCe• Adnansundra&Low• Zaidibrahim&Co(ZiCOlaw)Honourable Mentions:• Skrine• Wong&Partners• ZulRafique&Partners

CApitALmArKets• Adnansundra&Low

COmpLiAnCe/reguLAtOry• Chooi&Co• Wong&partners• Zaidibrahim&Co(ZiCOlaw)



COrpOrAteAnDm&A• Kadir,Andri&partnersHonourable Mentions:• AdnanSundra&Low• ShearnDelamore&Co• Wong&Partners• ZaidIbrahim&Co(ZICOlaw)• ZulRafique&Partners

empLOyment• LeeHishammuddinAllen&gledhill• shearnDelamore&Co• Zulrafique&partnersHonourable Mention:• Skrine

energy&nAturALresOurCes• skrineHonourable Mentions:• AzmanDavidson&Co• HerbertSmithFreehills• HoganLovells• NortonRoseFulbright• ZaidIbrahim&Co(ZICOlaw)• ZulRafique&Partners

envirOnmentALHonourable Mention:• ShookLin&Bok

insurAnce• Azim,tunkuFarik&WongHonourable Mentions:• Kanaga,Suresh&Co• MuraliB.Pillai&Associates

inteLLeCtuALprOperty• LeeHishammuddinAllen&gledhill• shearnDelamore&Co• WongJinnee&teoHonourable Mentions:• Skrine• Wong&Partners

internAtiOnALArBitrAtiOn• skrine

islAmic FinAnce• Adnansundra&Low• Zaidibrahim&Co(ZiCOlaw)Honourable Mention:• Azmi&Associates

LitigAtiOn&DisputeresOLutiOn• shearnDelamore&Co• skrine• Zulrafique&partnersHonourable Mentions:• BHLawrence&Co• GananathanLohAdvocates&Solicitors• KadirAndri&Partners• LeeHishammuddinAllen&Gledhill

mAritime&sHipping• shearnDelamore&Co• Watson,Farley&WilliamsHonourable Mention:• AzmanDavidson

prOJeCts&prOJeCtFinAnCing• Zulrafique&partners

reALestAte/COnstruCtiOn• Zulrafique&partners

restruCturing&insOLvenCy• Adnansundra&LowHonourable Mentions:• ZaidIbrahim&Co(ZICOlaw)• ZulRafique&Partners

tAxAtiOn• LeeHishammuddinAllen&gledhill

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgy• skrine

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr • Baker&mcKenzieHonourable Mentions:• ClearyGottliebSteen&Hamilton• HerbertSmithFreehills

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• shearnDelamore&Co• skrine• Wong&partners• Zulrafique&partnersHonourable Mentions:• LeeHishammuddinAllen&Gledhill• ZaidIbrahim&Co(ZICOlaw)

sINgAPOreAlternAtive investment Funds (including private equity)• Allen&gledhill• Allen&Overy• Wongpartnership

Anti-trust/COmpetitiOn• Allen&gledhill• CliffordChanceHonourable Mentions:• Drew&Napier• Rajah&Tann• Rodyk&Davidson

AviAtiOn• Allens• Clyde&Co

BAnKing&FinAnCe• Allen&gledhillHonourable Mentions:• Rajah&Tann• WongPartnership

CApitALmArKets• Allen&gledhill• Davispolk&WardwellHonourable Mentions:• StamfordLawCorporation• WongPartnership

COmpLiAnCe/reguLAtOry• Allen&gledhill• Baker&mcKenzie.Wong&Leow

COrpOrAteAnDm&A• Allen&gledhill• CliffordChance• stamfordLawCorporation• Wongpartnership

empLOyment• Allen&gledhill

energy&nAturALresOurCes• HerbertsmithFreehills• HoganLovellsHonourable Mentions:• JonesDay• Latham&Watkins• Vinson&Elkins



inteLLeCtuALprOperty• Allen&gledhill• Baker&mcKenzie.Wong&Leow• AtmDBird&BirdHonourable Mentions:• AmicaLaw• Drew&Napier• Rajah&Tann

internAtiOnALArBitrAtiOn• K&LgatesHonourable Mentions:• NortonRoseFulbright• Rajah&Tann• Rodyk&Davidson• WongPartnership

islAmic FinAnce• Allen&gledhill

liFe sciencesHonourable Mentions:• Baker&McKenzie.Wong&Leow• CliffordChance

LitigAtiOn&DisputeresOLutiOn• Drew&napier• rajah&tannHonourable Mentions:• Allen&Gledhill• K&LGates• Rodyk&Davidson

mAritime&sHipping• rajah&tannHonourable Mentions:• StephensonHarwood• Watson,Farley&Williams• WikborgRein

prOJeCts&prOJeCtFinAnCing• HerbertsmithFreehills• rajah&tannHonourable Mentions:• HoganLovellsLee&Lee• RHTTaylorWessing• SlaughterandMay• Shearman&Sterling

reALestAte/COnstruCtiOn• Wongpartnership

Honourable Mentions:• Allens• Rajah&Tann• Rodyk&Davidson

restruCturing&insOLvenCy• rajah&tann

tAxAtiOn• Drew&napier• morrison&Foerster

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgy• pinsentmasonsmpillay• rajah&tann

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr• Baker&mckenzie.Wong&Leow• CliffordChanceHonourable Mentions:• Ashurst• HerbertSmithFreehills• HoganLovells• NortonRoseFulbright

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• Allen&gledhill• Drew&napier• rajah&tannHonourable Mention:• WongPartnership

sOUtH kOreAAlternAtive investment Funds (including private equity)• Kim&ChangHonourable Mentions:• DLAPiper• Kirkland&Ellis

Anti-trust/COmpetitiOn• Kim&ChangHonourable Mentions:• Shin&Kim• Yulchon

AviAtiOnHonourable Mention:• Kim&Chang

BAnKing&FinAnCe• Kim&Chang

CApitALmArKets• Kim&ChangHonourable Mentions:• Bae,Kim&Lee• Lee&Ko

COmpLiAnCe/reguLAtOry• Kim&ChangHonourable Mentions:• Baker&McKenzie• HoganLovells

COrpOrAteAnDm&A• Baker&mckenzie• Bae,Kim&Lee• shin&KimHonourable Mentions:• HwangMokPark• Kim&Chang• Lee&Ko• SimpsonThacher&Bartlett• Yulchon

empLOyment• Kim&Chang• Lee&Ko• yulchon

energy&nAturALresOurCes• Ashurst• Baker&mcKenzie• Kim&Chang

envirOnmentAL• Kim&Chang

inteLLeCtuALprOperty• Finnegan,Henderson,Farabow,

garrett&Dunner• Lee&KoHonourable Mentions:• Bae,Kim&Lee• QuinnEmanuelUrquhart&Sullivan• Ropes&Gray• Yulchon



internAtiOnALArBitrAtiOn• Kim&Chang• squiresandersHonourable Mentions:• Kobre&Kim• Sherman&Sterling• Shin&Kim

LitigAtiOn&DisputeresOLutiOn• Kim&Chang• Lee&Ko• yulchonHonourable Mentions:• Kobre&Kim• QuinnEmanuelUrquhart&Sullivan

mAritime&sHippingHonourable Mentions:• DLAPiper• Lee&Ko• Yulchon

prOJeCts&prOJeCtFinAnCingHonourable Mentions:• Allen&Overy• Bae,Kim&Lee• Kim&Chang• Shearman&Sterling

reALestAte/COnstruCtiOnHonourable Mentions:• Kim&Chang• Yulchon

restruCturing&insOLvenCyHonourable Mention:• Kim&Chang

tAxAtiOn• Kim&Chang• yulchonHonourable Mentions:• HwangMokPark• Lee&Ko• PricewaterhouseCoopers

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgy• Lee&Ko• yulchon

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr • Baker&mcKenzieHonourable Mentions:• CliffordChance• O’Melveny&Myers• SquireSanders

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• Kim&Chang• Lee&Ko Honourable Mentions:• Bae,Kim&Lee• Shin&Kim• Yulchon

tHAIlANdAlternAtive investment Funds (including private equity)Honourable Mentions:• Baker&McKenzie• Chandler&Thong-ekLawOffices

Anti-trust/COmpetitiOn• Baker&mcKenzie• Chandler&thong-ekLawOfficesHonourable Mention:• Hunton&Williams

BAnKing&FinAnCe• Baker&mcKenzieHonourable Mentions:• Chandler&Thong-ekLawOffices• LSHorizon• Weerawong,Chinnavat&Peangpanor

CApitALmArKets• Baker&mcKenzieHonourable Mentions:• Chandler&Thong-ekLawOffices• Weerawong,Chinnavat&Peangpanor

COmpLiAnCe/reguLAtOry• Baker&mcKenzie• Chandler&thong-ekLawOfficesHonourable Mentions:• SiamPremierInternationalLawOffice• Weerawong,Chinnavat&Peangpanor

COrpOrAteAnDm&A• Baker&mcKenzieHonourable Mentions:• DFDL• Hunton&Williams• PriceSanondPrabhas&Wynne• SiamPremierInternationalLawOffice• Weerawong,Chinnavat&Peangpanor

empLOyment• Baker&mcKenzie• Chandler&thong-ekLawOfficesHonourable Mentions:• Rajah&Tann• SiamPremierInternationalLawOffice

energy&nAturALresOurCes• Chandler&thong-ekLawOffices• Weerawong,Chinnavat&

peangpanor

envirOnmentAL• Chandler&thong-ekLawOffices

insurAnce• Baker&mcKenzieHonourable Mentions:• DLAPiper• Hunton&Williams

inteLLeCtuALprOperty• tilleke&gibbinsHonourable Mentions:• AnandaIntellectualProperty• Baker&McKenzie

internAtiOnALArBitrAtiOn• HerbertsmithFreehillsHonourable Mentions:• Baker&McKenzie• Chandler&Thong-ekLawOffices• Hunton&Williams

liFe sciencesHonourable Mention:• Baker&McKenzie

LitigAtiOn&DisputeresOLutiOn• Baker&mcKenzie• Chandler&thong-ekLawOffices



Honourable Mentions:• Hunton&Williams• Rajah&Tann• SiamPremierInternationalLawOffice

prOJeCts&prOJeCtFinAnCing• Chandler&thong-ekLawOfficesHonourable Mentions:• Hunton&Williams• Linklaters• SiamPremierInternationalLawOffice

reALestAte/COnstruCtiOnHonourable Mention:• Weerawong,Chinnavat&Peangpanor

restruCturing&insOLvenCy• Baker&mcKenzieHonourable Mention:• Chandler&Thong-ekLawOffices

tAxAtiOn• LawAlliance• pricewaterhouseCoopersHonourable Mentions:• Baker&McKenzie• DeloitteToucheTohmatsu• Ernst&Young• KPMG

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgyHonourable Mentions:• Baker&McKenzie• SiamPremier

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr• Baker&mcKenzieHonourable Mentions:• DFDL• Hunton&Williams

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• Chandler&thong-ekLawOffices• Weerawong,Chinnavat&

peangpanorHonourable Mention:• PriceSanondPrabhas&Wynne

UNIted ArAb eMIrAtesAlternAtive investment Funds (inCLuDingprivAteequity)• Hadef&partnersHonourable Mention:• Latham&Watkins

Anti-trust/COmpetitiOn• Clyde&CoHonourable Mention:• AlTamimi&Company

AviAtiOn• Clyde&CoHonourable Mentions:• DLAPiper• DonaldH.BunkerandAssociates

BAnKing&FinAnCe• Altamimi&Company• Allen&Overy• Clyde&Co• Hadef&partnersHonourable Mention:• CliffordChance

CApitALmArKets• CliffordChanceHonourable Mentions:• AlTamimi&Company• Allen&Overy• ASAR–AlRuwayeh&Partners• Hadef&Partners

COmpLiAnCe/reguLAtOry• Altamimi&Company• Clyde&CoHonourable Mentions:• Allen&Overy• Gibson,Dunn&Crutcher• Hadef&Partners• SNRDenton

COrpOrAteAnDm&A• Allen&Overy• Clyde&Co• Hadef&partners

Honourable Mentions:• AlTamimi&Company• CliffordChance• FreshfieldsBruckhausDeringer• Gibson,Dunn&Crutcher• Linklaters

empLOyment• Altamimi&Company• Clyde&CoHonourable Mention:• Hadef&Partners

energy&nAturALresOurCesHonourable Mentions:• Clyde&Co• Hadef&Partners• HerbertSmithFreehills• Shearman&Sterling

envirOnmentALHonourable Mention:• Shearman&Sterling

insurAnce• Altamimi&Company• Clyde&Co

inteLLeCtuALprOperty• Altamimi&Company• Clyde&CoHonourable Mention:• Hadef&Partners

internAtiOnALArBitrAtiOn• Altamimi&Company• Clyde&Co

islAmic FinAnce• Hadef&partners

liFe sciences• Clyde&Co

LitigAtiOn&DisputeresOLutiOn• Clyde&Co• Hadef&partnersHonourable Mentions:• AlTamimi&Company• AliAlAidarous• HabibAlMulla



mAritime&sHipping• Altamimi&Company• Clyde&Co• Hadef&partners• HolmanFenwickWillan

prOJeCts&prOJeCtFinAnCing• Altamimi&Company• sullivan&Cromwell

reALestAte/COnstruCtiOn• Altamimi&Company• Clyde&Co• Hadef&partners

restruCturing&insOLvenCyHonourable Mentions:• Hadef&Partners• HerbertSmithFreehills

tAxAtiOnHonourable Mentions:• AlTamimi&Company• CliffordChance• DeloitteToucheTohmatsu• Ernst&Young• KPMG• PricewaterhouseCoopers

teLeCOmmuniCAtiOns,meDiA&teCHnOLOgy• Altamimi&Company• Clyde&Co

mostresponsiveFirmoftheyearinmostjurisdictions: Baker&mcKenzie

mOstrespOnsiveinternAtiOnALFirmsOFtHeyeAr• Clyde&CoHonourable Mentions:• Allen&Overy• CliffordChance• Gibson,Dunn&Crutcher• SNRDenton

mOstrespOnsiveDOmestiCFirmsOFtHeyeAr• Altamimi&Company• Hadef&partnersHonourable Mention:• HabibAlMulla

tOpCAtegOryWinnersByJurisDiCtiOn

JurisDiCtiOn Firm CAtegOryWins

CHinA Domestic •JunHeLawOffices 9

International •CliffordChance 5

HOngKOng Domestic •Deacons 2

International •Baker&McKenzie 8

indiA Domestic •Amarchand&Mangaldas&SureshA.Shroff 11

inDOnesiA Domestic •Hadiputranto,Hadinoto&Partners 9

JApAn Domestic •MoriHamada&Matsumoto 2

mALAysiA Domestic = •ZulRafique&Partners 5

= •Skrine 5

= •ShearnDelamore&Co 5

singApOre Domestic •Allen&Gledhill 10

International= •Baker&MckenzieWong&Leow 3

= •CliffordChance 3

sOutHKOreA Domestic •Kim&Chang 12


tHAiLAnD Domestic •Chandler&Thong-ek 8


uAe Domestic •AlTamimi&Company 11

International •Clyde&Co 15



When looking at the spectrum of firms that made it on to our winning list for responsiveness; it is clear that it takes more than expertise and diligence to retain clients and keep them happy over the long

term. With global mergers continuing to take place on a fairly regu-lar basis, it was no surprise that we saw a strong cross-fertilisation of thought and shared ideas when it came to the ways in which firms sought to add value. 24 hour hotlines, regular newletters, in-house seminars and sound knowledge managment (amongst others) continue to make up the bellwether for responsiveness.

What is interesting to note is that there is a recognition by the heads of these firms that times are changing and that the conven-tional law firm model is in need of modification. The challenges presenting themselves are wide and varied and here we find out how industry experts are able to overcome these obstacles by improving their value proposition. We see that some jurisdictions are opening up their markets to foreign firms which creates pressure on the smaller firms to up their ante, some firms are exploring more sector-driven approaches to promote efficiency and some are offer-ing discounts and billing alternatives to keep their clients satisfied. Almost all agree that delivering the best value for money remains the cornerstone to retaining their competitive edge.

Baker & McKenzie Baker & McKenzie was commended by the In-House Community for its responsiveness in seven jurisdictions which comprised Hong Kong, China, Singapore, South Korea, Indonesia, Thailand and Malaysia. Paul Tan, Managing Partner for the Hong Kong, China and Vietnam offices outlined some of the key factors which

enabled the firm to stay ahead of the curve and to put its nose out in front of its competitors.

Foregoing the traditional matter by matter instructed method, the firm adopts a long term partnering approach with its clients, according to Tan. This leads to a dedicated relationship between the partner and the client ensuring efficient communication. Post matter and client care reviews are conducted to ensure the process is con-tinually refined, Tan comments.

In order to provide sound sector/industry specific advice, Baker & McKenzie’s lawyers possess both techni-cal and contextual knowledge and experi-ence in their particular industry sector. This “creates a platform upon which the firm’s lawyers constantly share their knowledge about a certain industry or sector.” In addition, “a robust sector/industry specific resource repository exists to provide clients with tailored and

Responding to changeAsiAn-menA Counsel talks to the Managing Partners of some of the firms which won this year’s accolade for most responsive firm of the year, as voted for by the In-House Community. Read on to find out how these firms managed to outpace their peers, as well as the ways in which they are striving to adapt to the changes brought about by a shifting legal panorama.

Paul Tan

By Aparna Assomull Bundro

In-house counsel say: China: “Practical advice with professional procedures.”South Korea: “The firm is professional and timely. They are very commercial, business focussed. Driven and professional.”



industry-specific advice.” Services which add value include second-ments, on-site workshops, customised training, feedback review and group specific web based systems. In addition, the firm ensures a flexible approach to billing and does so by utilising blended rates, value based billing, discounted fees for aborted work and non-bill-able early stage involvement.

When asked how he envisioned the conventional law firm structure evolving over the next decade, Tan commented that firms have had to “become more attuned and sensitive to price competitiveness” and it was important to offer clients “an innova-tive product range.”

Hong KongDeaconsResponsiveness encompasses not only the firm’s ability to meet time-frames, but it also includes “addressing client’s specific requirements, providing out of hours contact details and promptly acknowledging calls and emails as well as being able to handle complex project management,” according to Deacons’ Managing Partner, Keith Cole. In this way, “the firm seeks to equal or ideally surpass clients’ expectations.” By organising themselves into “practice groups with industry or specialised area focus,” their partners and associates are able to maintain in depth experience in their niche areas of expertise. They also maintain “regular interaction with relevant industry bodies and regulators,” comments Cole.

In terms of added value, Deacons hosts an annual In-House Counsel Forum, provides in-house training, tailors seminars,

and initiates round-table dis-cussions for the benefit of its clients. The firm additionally looks to add value by creating “transparency and predicta-bility on fees, given that cli-ents’ budgets are under pressure.” Having been on the ground for 160 years, “the

firm looks at the long-term … and understands what the client needs, for example quick review vs. belt and braces advice,” according to Cole.

Cole believes that law firms in general will need to recog-nise and reflect the economic and regulatory pressures affecting their clients in order to survive and blossom in the future. A more sector-driven approach with a commitment to efficiency, in order to provide value for money is also imperative to the future success of law firms. Cole concluded that more flexible pricing models would assist clients down the road too.

IndIaAmarchand & Mangaldas & Suresh AShroff & Co Delivering solutions based advice in a pragmatic and incisive manner constitutes a hallmark of Amarchand & Mangaldas’ serv-ice, and this has proved to be one of the keys to the firm’s success

in terms of responsiveness, according to Managing Partner, Shardul Shroff. Shroff states that “empathy for the client, enor-mous hard work, humility and a drive for excellence,” are some of the elements which enable the firm to cut away from the herd. Distinctively, Amarchand also has a strong “pan-Indian presence” which enables it to draw on infrastructure sup-port from its other offices in the corpo-rate litigation and competition spaces.

Various members of the firm have emanated from government formed law-making committees making them regional regulatory experts. In addition, Amarchand takes a leaf out of international firms’ best practices in order to raise the bar on its standards. Some of the value adds include in-house training sessions, arranging secondments and encour-aging its lawyers to become prolific writers on their niche areas of expertise.

The firm offers a plethora of options when it comes to billing; however it is precluded from charging contingency fees given that this form of billing is prohibited in India. The firm attempts to give value based service; capped fees, retainers and lump-sum billing all form part of the firm’s fee spectrum/repository.

Looking ahead, Shroff states that the biggest challenge for a law firm is not “generating more revenue” but “delivering greater value and improving efficiency. As markets stabilise and newer regions open up, we can look forward to some interesting trends in the way law firms operate,” he states. Shroff refers to the firm’s forward-looking approach as Amarchand 3.0, and adds that part of this for-ward thinking strategy involves working in conjunction with the Boston Consulting Group to orchestrate a shift in its dealings.

JapanMori Hamada & Matsumoto For Japanese firm, Mori Hamada & Matsumoto, size matters. According to Partner, Yasuzo Takeno, “only a firm” with the might and muscle of “300 lawyers and 400 staff” could “cover the development of the Japanese legal system over the whole spec-trum of practice” and “devote the time and manpower” needed to drive a high level of responsiveness. In Takeno’s view, the earth-

Shardul Shroff

Keith Cole

In-house counsel say:“Professional with reasonable fees.”“They provide us with frequent updates.”

In-house counsel say: “Very pro-business ... they respond accurately and in time.”“For their legal expertise, creativity & innovation.”



quake in Japan in 2011 was the catalyst for a greater number of Japanese compa-nies competing in Asian markets. And for the firm, having a broad geographi-cal reach in Asia enables each of its teams to shine in Asian related matters.

Sending the firm’s lawyers to gov-ernmental departments relevant to each of the firm’s 10 practice groups enhances the associates’ skill-sets and their breadth of experience.

Without compromising on quality of service, and with a view to providing the best value to its clients, the firm adopts a flexible approach to billing which can include capped fees and success-related billing. Success in the future for the firm, according to Takeno, will depend upon it strengthening its presence in the Asian markets through its Singapore office and by collaborating with other Asia based firms.

MalaysIaShearn Delamore & CoWhen asked what led to clients voting for his firm as one of the most responsive in Malaysia, Managing Partner of Shearn Delamore & Co, Robert Lazar commented that meeting their cli-ents’ needs promptly and efficiently was paramount. “The credit given to us for responsiveness,” he continued, “is also a tribute to our mix of expertise in different areas of practice and our exten-sive global reach.” Links with foreign law firms and multilateral agencies including the World Law Group, and the Employment Law Alliance enable the firm to get involved in complex projects and transactions specifically because they are able to leverage their large team of 90 lawyers and 250 support staff.

When it comes to sector specific advice, Lazar stresses the importance of knowledge transfer. Regularly hosting in-house seminars and producing sector specific newsletters enables them to keep their clients updated on the latest legislation and legal developments in each of their practice areas.

Moving away slightly from the conventional time/costs method of billing, Shearn Delamore takes a flexible approach to billing by sometimes adopting a fixed fee or a capped fee model.

For large or long-term projects or bulk work such as trade-mark and patent filings, spe-cific tasks may be discounted.

Going forward, AsiAn-menA Counsel asked Lazar how he envisaged the tradi-tional legal model/structure

changing over the course of the next five to ten years. He com-mented that the Legal Profession Amendment Act 2012 - which has yet to come into force - will impact Malaysia’s legal landscape considerably because it will open up the market. “Whilst the lib-eralisation is believed to have multiple benefits for the country’s economy…[it] will cause direct competition to the local law firms and in order to survive this, local law firms …will need to merge with these foreign multi-service firms.” He described these changes as inevitable but added that whether or not these changes were “desirable,” were the subject of much debate.

sIngapoREDrew & Napier Embedded in Drew & Napier’s DNA is the determination to achieve winning outcomes, according to CEO, Davinder Singh. Putting themselves “in the shoes of the client” assists in “providing com-mercially relevant solutions, quickly and …to the client’s needs, within the short-est possible time,” And this formula has helped galvanise their reputation in Singapore as one of the most responsive firms in the city.

In terms of industry specific advice, each team is led by a director who is a recognised leader in the market. The team lead-ers serve as mentors to the more junior case-handlers in order to groom them, transfer their experience and instil in them a sense of confidence. And they are very selective about who they hire, according to Singh. Five to 10 years from now, Singh predicts that “law firms which provide a different and unique value proposi-

tion, which continue to draw and nurture talent and…which remain professional and ethi-cal will always have a bright future, no matter how the larger legal landscape or mar-ketplace might change.”

THaIlandChandler & Thong-ek Law OfficesChandler & Thong-ek Law Offices won plaudits for being one of the most responsive firms in Thailand and according to Senior Partner, Albert T Chandler, this was attributable in part to “detailed, prompt answers to clients’ queries delivered within a 24 hour turn-around time.” A cross-fertilisation of thought between the firm’s four main practice groups also ensures that their clients receive “complementary and combined expertise from both Thai and internationally qualified lawyers.” An in-house policy of each project group coming together on a weekly basis to review work in each of their practice sectors also

Davinder Singh

Yasuzo Takeno

In-house counsel say: “They have so many experienced lawyers.”

In-house counsel say: “They have a good team ... the partner we deal with takes an interest in our matters.”

In-house counsel say: “Drew & Napier are responsive ... fast turn-around time.”



ensures a commitment to quality via a healthy exchange of information.

In terms of added value, the firm “keeps specific clients regularly updated on Bills introduced by Parliament that have the potential to affect their businesses.” The firm also provides “English translations of these Bills as they are amended during the Parliamentary process,” a unique offering which distin-guishes and strengthers their service.

Taking a flexible approach to costs and fee structures, Chandler and Thong-ek tailors its engagement letters depending on the nature and scope of the work required so that its clients are able to budget for fees and expenses.

Chandler predicts that the ASEAN Integration 2015 will have a considerable impact on the legal panorama given that a by-product of this accession will entail “the arrival of more foreign law firms. Clients’ expectations in rela-tion to cost and quality will rise as a result,” he predicted.

UaEClyde & CoAt Clyde & Co, the importance of developing client relationships and ensuring quick turn-around times is instilled in all trainees and associates at a foundational level, and it is this formula that has earned the firm commendation for responsiveness. “This drives ownership and a desire to ensure client expectations are exceeded,” according to Clyde & Co’s Dubai Managing Partner, Jonathan

Silver. The transfer and dissemination of knowledge is also actively encouraged in order to strengthen skills and expertise; it also enables Clyde & Co to provide better sector/industry advice, according to Silver. The firm does this by “planning and seeking relevant industry second-ments…including an internal secondment program which allows...associates to gain experience in other offices of the firm.” This broadens the team’s jurisdictional exposure.

By aggregating an “immense store of knowledge that the firm has,” clients are kept updated on developments and “lessons from the past are fully applied to current engagements.” This is one of

the ways the firm is able to add value. In addition, matters are fully “resourced up and down the experience ladder to ensure clients get appropriate and cost effective advice,” according to Silver.

Priding themselves on providing “real value for money,” the firm attempts to explore billing alternatives with its clients with a view to arriving at mutually beneficial pricing arrangements. Silver adds, on a more cautious note, that they try to avoid billing surprises by providing realistic estimates.

When forecasting the changes that may lie ahead over the next 5-10 years, Silver commented that globalisation would play a significant role in the changing legal landscape. He added that there “would be a development of home grown Middle East brands on the global stage, for example Emirates and Jumeirah” and that “firms would need to expand their international reach to match the growing expectations of this client base.” Adding weight to his belief in globalisation, he commented that “firms would cease to be dependant on work from a particular country for their existence.” He additionally predicted that “improved use of technology would change the ways in which law firms would manage themselves.”

Al Tamimi & CompanyPart and parcel of responsiveness, according to Managing Partner, Husam Hourani, of Al Tamimi & Co is a commitment to solutions based advice. “Providing good quality legal advice on time is what distinguishes us from other law firms,” comments Hourani. Given its focus on the Middle East, a requirement that all case-handlers read and write Arabic enables Al Tamimi & Co to offer bilingual service whenever the client requires it. In terms of indus-try specific advice, “the firm has developed dedicated practices to deal with enquiries from clients which relate to employment, regulatory, white collar crime and healthcare,” states Hourani. And uniquely, each department has a practice specific litigation specialist to offer advice pertaining to disputes.

Jonathan Silver

In-house counsel say: “Experienced, with reasonable fees”. “They are experts and responsive.”

In-house counsel say: “Clyde & Co have breadth of expertise.”“They dealt with our ad hoc queries promptly.”“Reliable ... with Global know-how.”

In-house counsel say: “[We had a] number of queries over the year on domestic issues; Al Tamimi were responsive and able to cover the full spectrum of matters.”“Al Tamimi have a fast response time and are on point with their advice.”

The firm also has long-standing relationships with govern-ment institutions in each jurisdiction it has a presence in, which translates into “providing clients with practical, commercial advice: an important asset when doing business in the Middle East,” according to Hourani. This lends itself to thoroughly understanding the environment in which each client operates, thereby enabling the firm to add value.

Notwithstanding that the delivery of quality advice is its



experience. Client service is key; a primary differentiator for law firms will be how they deliver legal advice, together with com-mercial relevancy and speed of turnaround,” Jafar concluded.

CHInaKing & Wood MallesonsKing & Wood Mallesons relies upon its structure to deliver high quality work to its clients, according to Managing Partner, Wang

Ling. “Our governance structure includes firm wide unified management and oper-ations, full legal services, training sys-tems, risk management as well as knowledge management.” Forming rel-evant teams based on industry sectors empowers each team to draw on the knowledge of the firm’s practice group lawyers specialising in M&A, taxation, financing and IP etc, states Ling. In this way, the firm is best placed to provide industry-specific advice. Ling comments

that the firm’s breadth of experience and capabilities in industry sectors pave the way for pro-viding added value to the cli-ents. In terms of fees, the firm works together with its clients to control budgets where nec-essary, and ensures that its tasks match the seniority of its lawyers to reduce fees as much as possible.

On the future of the legal industry, Ling states that the model of the law firm will not necessarily change over the next 3-5 years, but law firms’ strategies will. Strategies will have to be modified according to the needs of the clients and will shift in line with the changes in the market. Specifically, Ling predicts that there will be greater “internationalisation in order to satisfy” the needs of “Chinese clients engaging in outbound work.”

linchpin, when it comes to fees, the firm will “aim to work closely with clients to accommodate requests to provide capped and fixed fees provided the scope of the work is clearly defined,”comments Hourani.

Finally, Hourani notes that the legal landscape is changing at a rate and in a manner that has clearly manifested itself in terms of the number of mergers and consolidations taking place. This has resulted in a smaller number of leading international firms. “I believe this will create less than 50 international law firms that dominate a substantial part of the market. Having said that, there will always be a place for good quality local and regional law firms who will be preferred by clients [in need of] local advice.”

Hadef & PartnersTaking a proactive approach and keep-ing abreast of legal, political and busi-ness developments, enables Hadef & Partners to maintain its edge in terms of responsiveness, according to Dubai Managing Partner, Sadiq Jafar. The firm operates to “international stand-ards” and strives to leverage its “con-siderable global and domestic experience whenever possible,” states Jafar. The firm has a pool of lawyers who are ex in-house, and by drawing on their past collective experience, this assists in overcoming challenges from the point of view of the client and as a result, the firm is able to meet the clients’ needs.

Bespoke in-house training seminars ensure that its lawyers are kept up to speed with legislative and other changes and regular newsletters are circulated to ensure that clients have access to the latest insights and legal developments, according to Jafar.

Being clear and transparent about its fees at the outset and on an ongoing basis helps the firm avoid surprises down the road. By

focussing on optimal outcomes and value, the firm strengthens and maintains its client rela-tionships, Jafar adds.

Separately, Jafar comments on how the legal landscape has changed and how the in-house community has grown over the last 10 years. The Emirate pan-

orama is becoming increasingly competitive as the number of international law firms with UAE offices has also continued to expand. “One of the biggest challenges for UAE based law offices over the coming years, will be to provide clients with access to lawyers with the appropriate balance of local and international

Wang Ling

Sadiq Jafar

In-house counsel say: “[They have] expertise, quick reactions, and provide good suggestions and input.”

In-house counsel say: “King & Wood Mallesons [have] sophisticated legal expertise.”

“We appreciated very much AsiA-menA Counsel’s hard and excellent work which enables us to get feedback from such wide range of in-house counsel from among the In-House Community ...”

Wang Ling, Managing Partner,

King & Wood Mallesons


Making a Case for change in foreign arbitrations

By Manjula Chawla, Abhishek Bhalla and Kripi Kathuria, Phoenix Legal

Manjula Chawla

The Bharat Aluminium CaseOn September 6, 2012, the Supreme Court of India, the apex court of the country, delivered a landmark judgment in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services, Inc. (Bharat Aluminium), restricting the ability of Indian courts to interfere in foreign arbitrations.

Structure of the ActThe (Indian) Arbitration & Conciliation Act 1996 (Arbitration Act) is divided into four parts. Part I of the Arbitration Act (Part I) is applicable to arbitration pro-ceedings, where the place/seat or arbitra-tion is in India (Domestic Arbitration), and Part II of the Arbitration Act (Part II) governs the enforcement of Foreign Awards in India.

Part I of the Arbitration Act regulates arbitrations at all the four stages, that is, (a) commencement of arbitration; (b) con-duct of arbitration; (c) challenge to the

award; and (d) recognition or enforcement of the award. However, Part II of the Arbitration Act regulates arbitration only in respect of commencement and recogni-tion or enforcement of the award.

Therefore, provisions of Part I of the Arbitration Act provide Indian courts supervisory jurisdiction in relation to arbi-trations. Under Part I, Indian courts have, inter alia, the power to award interim relief (under Section 9) and annul arbitra-tion awards (under Section 34). However, under Part II of the Arbitration Act, there are no provisions regulating the conduct of the arbitration nor challenging the award. It only empowers Indian courts to refer the parties to arbitration outside India and regulate recognition and enforcement of Foreign Awards in India.

Under Part II, Indian courts have lim-ited power to refuse enforcement of Foreign Awards on certain grounds such as where the arbitral award contains decisions on matters beyond the scope of the submission to arbitration, where the subject matter of the dispute is not capable of settlement by arbitration, and where enforcement of the arbitral award would be against the public policy of India, etc.

Manjula Chawla, Abhishek Bhalla and Kripi Kathuria of Phoenix Legal examine the impact of India’s Bharat Aluminium case on foreign arbitrations.

BackgroundPrior to the Bharat Aluminium judgment, in Bhatia International v. Bulk Trading S.A.1 (Bhatia International) and Venture Global Engineering v. Satyam Computer Services Ltd.2 (Venture Global) judg-ments, the Supreme Court had held that Part I of the Arbitration Act applies to all arbitrations, including arbitrations where the place/seat was outside India (Foreign Arbitration), except if the parties to the Foreign Arbitration had expressly or by implication excluded the applicability of provisions of Part I.

The effect of the said judgments was that even in Foreign Arbitrations, Indian courts had the power to, inter alia, award interim relief and annul Foreign Awards. This resulted in increased interference of Indian courts in arbitration matters and seemed to defeat the very purpose of arbitration, which is to reduce the hurdles and produce a simple and speedy system for settlement of disputes and enforce-ment of awards.

FactsTwo parties entered into an agreement for the supply of goods and services. The


Special Feature

“Prior to the Bharat Aluminium judgment … Indian courts had the power … to award interim relief and annul

Foreign Awards. This resulted in increased interference of Indian courts in arbitration matters and seemed to defeat

the very purpose of arbitration”


Special Feature

agreement contained an arbitration clause providing for settlement of disputes by arbitration pursuant to English Arbitration Law. The arbitration clause further pro-vided that the court of Arbitration shall be held wholly in London, England. The gov-erning law clause of the agreement pro-vided that the agreement will be governed by Indian laws and in case of arbitration, English law shall apply.

Disputes arose between the parties which were referred to arbitration. In the arbitration proceedings held in England, the arbitral tribunal passed two awards.

The aggrieved party filed an applica-tion in a district court in India under Section 34 of the Arbitration Act (pro-vided in Part I) for setting aside/annul-ment of the said awards.

The above case, as well as the appeal filed in the High Court of Chhattisgarh were dismissed on the ground that the applica-tions filed under Section 34 are not main-tainable against the two foreign awards.

The aforesaid decision of the High Court of Chhattisgarh was challenged before the Supreme Court in the Bharat Aluminium case.

JudgmentIn Bharat Aluminium, the Supreme Court, overruling the Bhatia International and Venture Global judgments, held that Part I of the Arbitration Act does not apply to Foreign Arbitrations. Accordingly, no interim relief can be awarded by Indian courts in relation to Foreign Arbitrations and that the Arbitration Act does not empower Indian courts to annul any Foreign Awards.

Distinction between Venue, Seat and Procedural Law In Bharat Aluminium, the Supreme Court undertook a detailed analysis of the posi-tion of arbitration law in India prior to the Arbitration Act, the objects of the Arbitration Act and analysed the provi-sions of the Arbitration Act in light of the UNCITRAL Model law, which was the basis of the Arbitration Act.

A key issue for the Supreme Court was to determine if the Arbitration Act was ‘seat centric’ and based on territorial-ity or if it was ‘subject centric’.

Under the Arbitration Act the parties to an arbitration agreement, possess the freedom to decide the place/seat of arbi-tration and rules applicable to the arbitra-tion. The Supreme Court in Bharat Aluminium has held that the Arbitration Act, based on the UNCITRAL Model Law, is a seat centric law.

The Court observed that as a general rule, the procedural law applicable to an arbitration proceeding is the procedural law of the seat of the arbitration. In this context, the Supreme Court differentiated between the concept of ‘place’ or ‘seat’ of arbitration and the ‘venue’ of arbitration. The court observed that although generally the seat and the venue of arbitration would be the same, it was possible for parties to choose one place as the seat and another as the venue for convenience, especially in inter-national commercial arbitrations.

The Court held that Part I of the Arbitration Act will apply only if the arbi-tration agreement provides for the “seat” / “place” of arbitration in India. If the “seat” / “place” is outside India, Part I would be

inapplicable to the extent inconsistent with the arbitration law of the seat, even if the agreement provides that the Arbitration Act shall govern the arbitration proceedings.

The Court also observed that only the courts of a country where an arbitration is seated had supervisory jurisdiction over such proceedings, and if such supervisory power was provided to courts of more than one jurisdiction, there would be no certainty or uniformity. In view of the above, the Court further clarified that making Part I of the Arbitration Act appli-cable to Foreign Arbitrations would pro-vide Indian as well as foreign courts supervisory jurisdiction and that was not contemplated under the provisions of the UNCITRAL Model law or the Arbitration Act. Accordingly, the Court held that Indian courts did not have supervisory jurisdiction over Foreign Arbitrations.

Interim relief and the power to annul Foreign AwardsAn issue raised before the Court in Bharat Aluminium was that if Part I of the Arbitration Act was not allowed to be made applicable to Foreign Arbitrations, in the absence of provisions similar to Part I (that is, interim relief and annulment of award) in Part II of the Arbitration Act, parties would be left without relief remediless.

With respect to both the issues, the Court held that the relief lay before the appropriate foreign courts and that once the parties had chosen to seat the arbitra-tion outside India, they ought to have understood its implications. Further, on the issue concerning filing of a suit in India for interim relief, in relation to a

Abhishek Bhalla

“Under the Arbitration Act, the parties to an arbitration agreement possess the freedom to decide the place/seat of arbitration and rules applicable to the arbitration. The Supreme Court in Bharat Aluminium has held that the Arbitration Act, based on the UNCITRAL Model Law, is a seat centric law”



By Manjula Chawla, Abhishek Bhalla and Kripi Kathuria, Phoenix Legal

subject matter of Foreign Arbitration, the Court held that once the dispute or cause of action was subject to a Foreign Arbitration, the parties could not file a suit in India for any kind of interim relief. Therefore, in the case of a Foreign Arbitration, the parties would no longer have the option of approaching an Indian court for interim relief or for the annul-ment of a Foreign Award.

Enforceability of Foreign Awards from Non-Convention countriesPart II of the Arbitration Act deals with enforcement of Foreign Awards passed in specified reciprocating countries that are signatories to the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927 (Geneva Convention) or the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York Convention). In case of Foreign Awards passed in countries other than the above (Non-Convention Countries), the Arbitration Act provides no specific enforcement mechanism.

In view of the above, a view was taken in Bhatia International that if it were to be held that Part I of the Arbitration Act did not apply to Foreign Awards, then there would be no remedy in India for enforce-ment of Foreign Awards passed in Non-Convention Countries.

The above argument was also raised before the Supreme Court in Bharat Aluminium, and the Supreme Court held that courts were empowered to interpret legislation and not fill gaps left by the legislature, and accordingly, the fact that the legislature had not prescribed a mech-anism for enforcement of Foreign Awards passed in Non-Convention Countries,

could not be remedied by applying Part I of the Arbitration Act to such Foreign Awards, against the clear interpretation of the provisions of the Arbitration Act.

ConclusionThe decision of the Supreme Court in Bharat Aluminium clearly establishes that Foreign Arbitrations are not subject to Part I of the Arbitration Act and therefore, Indian courts do not have supervisory jurisdiction over such proceedings. In the wake of the decisions in Bhatia International and Venture Global, parties to international commercial arbitration agreements were required to expressly or by implication exclude the application of Part I of the Arbitration Act, which will no longer be necessary.

In view of the fact that various Indian courts had applied the ratio of Bhatia International and Venture Global in vari-ous cases, the Supreme Court has categor-ically held that the position clarified in Bharat Aluminium would apply to arbitra-tion agreements executed after the deci-sion, that is, September 6, 2012.

Although the Supreme Court has clar-ified the law on the issue of applicability of Part I of the Arbitration Act, the distinc-tion created between ‘seat’ and ‘venue’ of arbitration, and the applicability of Part I if the seat of arbitration was in India, could lead to ambiguity where the parties do not clearly identify the place of arbitra-tion. Further, parties now have the flexi-bility to clearly identify the seat of arbitration in arbitration clauses and also, if required, provide for the venue to be a more convenient place. However, the above could be used by the parties to merely specify the seat of arbitration as India to ensure applicability of Part I of

the Arbitration Act, but for all practical purposes have a foreign seat. In such sce-narios, it will also need to be examined if an arbitration agreement providing for India as the seat but a foreign venue is accorded the same treatment in a foreign jurisdiction as stated in Bharat Aluminium or if the foreign jurisdiction would treat its own territory as the seat. In which case, a conflict of jurisdictions could arise.

In view of the above pronouncement of the Supreme Court, based on the sub-ject matter of the agreement, parties will now have to carefully evaluate the choice of seat of arbitration. Under the earlier legal regime, parties had the option of choosing a foreign seat of arbitration, while continuing to have access to interim relief in India.

Going forward, in a situation where obtaining interim relief in India could be critical for a party, given the subject matter, it would be preferable to choose India as the seat of arbitration. However, where a party prefers to approach the rel-evant foreign arbitral tribunal/courts for interim relief, it would be preferable if the seat of arbitration is outside India.

Kripi Kathuria

“Under the earlier legal regime, parties had the option of choosing a foreign seat of arbitration,

while continuing to have access to interim relief in India”

[email protected] [email protected] [email protected]

Footnotes:

1. (2002) 4 SCC 1052. 2008 (1) Scale 214

JURISDICTION UPDATES


IndonesIa

Indonesia’s Minister of Trade has issued a new regulation that specifi-cally governs the importation of, among other items, cellular tele-phones. Cellular phone imports were previously covered by a more general Minister of Trade regulation that lumped together a lot of differ-ent products.

Imports of cellular phones soared in the years leading up to the new regulation. Indonesia, according to media reports, imported 25 million mobile phones in 2009, 43 million in 2010 and 45 million in 2011. The import value increased to US$2 billion in 2010 from US$1.6 billion in 2009.

With that background, the Minister of Trade issued Regulation No. 82/M-DAG/PER/12/2012, regarding Provisions on the Importation of Cellular Telephones, Handheld Computers and Tablet Computers (MOT Reg 82). In a press release accompanying the issuance of the regulation, the Ministry said its aim was to protect consumer interests by improving the supervision of imports to ensure they met quality standards.

Under MOT Reg 82, importers of cellular phones are required (i) to be established as a Registered Importer (Importir Terdaftar or IT) of cellular phones; and (ii) have Importation Approval (Persetujuan Impor or PI) for cellular phones from the Director General of Foreign Trade at the Ministry of Trade.

One of the requirements to become a Registered Importer of cel-lular phones is that the importer must have experience either as an importer of cellular phones or as a distributor of cellular phones in Indonesia. There is no minimum period for such previous experience. As long as an importer is established as a Registered Importer under the previous Regulation and has obtained either a Surveyor Report that indicates the company has previously imported cellular phones or an Import Declaration of cellular phones, it can apply to become a Registered Importer of cellular phones under MOT Reg 82.

The result of these requirements is that newly established trading companies are in danger of finding themselves unable to become Registered Importers of cellular phones.

While there is no minimum previous experience as a cellular phone importer required to become a Registered Importer, MOT Reg 82 requires that distributors of cellular phones have at least three years of experience in this field. A company must provide the following docu-ments to prove it has three years of experience as a distributor:1. Trading Business License;2. Distributor Certificate of Registration (Surat Tanda Pendaftaran or

STP) of Goods within the country or overseas for cellular phones issued by the Directorate General of Domestic Trade; and

3. Letter of Appointment or cooperation as a distributor of cellular phones from a cellular phone importer.

Interestingly, or worryingly, it is not possible for a foreign capital investment (Penanaman Modal Asing or PMA) company to provide an STP since under the relevant Minister of Trade regulation, an STP is only granted to wholly owned Indonesian companies. This could result in the restriction of foreign investment in the importation and distribution of cellular phones even though this line of business is open for 100 percent foreign owner-ship based on Indonesia’s so-called Negative Investment List.

There is still confusion over this issue, though Ministry of Trade officials have verbally confirmed that MOT Reg 82 is not aimed at restricting foreign investors from engaging in the importation and distri-bution of cellular phones.

On a separate note, MOT Reg 82 requires a Registered Importer of cellular phones to trade and/or transfer the imported cellular phones to distributors, not to retailers. This contradicts the normal business practice of importers, who usually also act as distributors and sell their imported products directly to retailers.

An amendment to MOT Reg 82 issued on August 1, 2013, MOT Regulation No. 38/M-DAG/PER/8/2013 (MOT Reg 38), expands the definition of a principal that is able to appoint a company in Indonesia to be its importer and distributor or agent, adding overseas distributor, in addition to the overseas trademark holder and manufacturer stipulated in MOT Reg 82. However, a company importing cellular phones from an overseas distributor must have at least three years of experience as an importer of cellular phones and a network of at least 25 after-sales serv-ice offices throughout Indonesia to obtain Importation Approval. An importer appointed by an overseas manufacturer is required to establish a cellular phone manufacturing company within three years of being granted Registered Importer status. Failure to comply with this obligation may result in the revocation of its Registered Importer status.

Interestingly, MOT Reg 38 provides the opportunity for exemp-tions. It is not clear, however, how such exemptions will be granted or even the kind of exemptions. MOT Reg 38 says only that exemptions will be stipulated by the Minister of Trade through the Director General based on a recommendation from the relevant agency.

Soewito Suhardiman Eddymurthy Kardono (SSEK) 14th Floor Mayapada Tower, Jl. Jend. Sudirman Kav.28, Jakarta 12920, Indonesia Tel: (62) 21 304 16700 / 521 2038 Fax: (62) 21 521 2039 Email: [email protected] www.ssek.com

New import rules for cell phones in Indonesia

By Christina Natalia Soela


QaTaR

The general principle Limited Liability Companies (LLCs) established pursuant to Law No.(5) of 2002 as amended (the Companies Law) are the most common vehicles used by foreign investors in Qatar. LLCs have tra-ditionally been seen as a safe option by foreign investors who are familiar with the general principle of the ‘corporate veil’, a legal con-cept which separates the personality of a limited liability corporate entity from the personalities of its investors by limiting their liability to the amount each invested in the LLC, except in exceptional circum-stances, generally involving fraud, referred to as ‘lifting’ or ‘piercing’ the corporate veil.

In Qatar the circumstances where the piercing of the corporate veil is possible may not be so exceptional. Under Article 290 of the Companies Law (Article 290) it is possible to expose the sharehold-ers to the LLC’s liabilities in circumstances where the LLC looses half or more of its capital regardless of the reason for those losses, effec-tively resulting in a loss of limited liability.

Article 290According to Article 290 where an LLC has losses amounting to half or more of its share capital, the following steps should be taken: (1) The Manager(s) (or any person whose name appears on the

Commercial Register as an LLC authorised signatory) must call a Shareholders’ General Assembly.

(2) The shareholders must resolve (by a majority of shareholders holding 75 percent of the share capital), to either:

(a) reinstate the LLC’s capital; or (b) dissolve the LLC. Both of these steps must be complied with and completed within 30 days after the date the losses amounted to half or more of the LLC’s share capital, in order to avoid the shareholders and/or the Manager(s), becoming jointly and severally liable for all the LLC’s debts, effectively resulting in a shareholder guarantee.

How to avoid a breach of Article 290 It is not unusual for an LLC to incur losses which exceed half of its capital in the early stages following incorporation but this will not necessarily prevent the business becoming profitable once it is more

established. So what can be done to prevent the principle of limited liability being lost? (1) The initial capitalisation should be carefully considered as required

by Article 232 of the Companies Law which states that the LLC’s capital be “…sufficient to realise its objects”. By carefully assessing the amount of capital needed to run the business in its pre-profit stages rather then merely complying with the minimum QAR 200,000 capital requirements, the adverse consequences of Article 290 could be avoided.

(2) The Companies Law does not specify when and how to deter-mine the LLC’s losses, although the generally accepted position is that when the net position of the LLC is negative (ie. when the losses appear in the audited accounts) and the losses amount to half or more of the LLC’s share capital then Article 290 will apply. Carefully reviewing the annual audited accounts and requesting the appointed auditor to prepare regular interim accounts will allow the auditors and the Manager(s) to foresee when Article 290 losses are likely to occur and take preventa-tive action if necessary.

What does this mean in practice?The application of Article 290 remains largely untested before the Qatari courts. In practice, the Article 290 issue will usually only crys-tallise in situations where: a) the annual accounts show a loss; b) the LLC’s third party creditors issue a debt recovery or bankruptcy

claim against the company for failure to make payments; or c) where a shareholder wishes to sell its shares and the third party

buyer questions the valuation of the LLC. In order to avoid falling foul of Article 290 the preventative meas-ures suggested in this article should be considered as a matter of standard practice.

Note: all Qatari Laws (save for those issued by, eg. the QFC to regulate its own business), are issued in Arabic and there are no official translations, therefore for the purposes of drafting this article Clyde & Co LLP has used its own translation and interpreted the same in the context of Qatari laws, regulation and current market practice.

Lifting or piercing the corporate veil

Clyde & Co LLPQatar Financial Centre, West Bay, Doha, Qatar PO Box 31453Tel: (974) 4496 7434 Fax: (974) 4496 7412 Email: [email protected] [email protected] www.clydeco.com

By David Salt and Louise Verrinder



•saudI aRabIa

Earlier this year, the Ministry of Labour (MoL) in Saudi Arabia (KSA) launched a series of surprise labour inspections designed to root out unlawful working in KSA. The scale of the irregularities discovered lead to the declaration of an amnesty which, following an extension, will now expire on 03 November 2013 (Amnesty).

Each foreign individual (meaning an individual who is not a KSA national or a national of one of the other five Arabian Gulf Cooperation Council (AGCC) countries) working in KSA must have a KSA - registered entity or national sponsoring him for work and residency visa purposes.

Such authorisation permits the individual to work for the individual or entity sponsoring him in the role specified on the labour card and residency permit. It is unlawful under KSA immi-gration and labour regulations for an employee sponsored for work and residency by one com-pany to work for another company or in a role other than that specified in his authorisation papers. It is also unlawful for an employer to employ workers who are under the sponsorship of others.

The MoL will inspect the firms and investigate any violations, and report them to the Ministry of Interior (MoI). The MoI shall arrest, deport and take punitive measures against violators who are working for their own benefit and against those who abscond as well as the employers, benefactors of such violators, those covering for them and transporting them in addition to any person having a role in such violation.

The Rules for Dealing with Expatriates in Violation of the Laws (the Rules) published by the MOI include 14 articles identifying the competent authority for enforcing the penalties, the penalties and the employer’s obligations. Employers who have been charged with violation of the Rules will be prohibited from recruiting for-eign employees for a maximum period of 5 years. Examples of violations include:• Hiringillegalimmigrants;

• Leavingtheemployer’sworkerstoworkontheirownaccountor for someone else; or

• Hiring workers of others without following the statutory rulesand procedures.

The Amnesty only covers individuals who have work and residency sponsorship under one employer but who are working for another and individuals who had lawful sponsorship which has since expired but have remained in KSA and now work illegally for another employer. The Amnesty only applies to persons whose violations were committed before April 6th, 2013 and government fees incurred on the violations will not be exempted under the Amnesty.

All employers and individuals are required to correct the sta-tus of their employees or their individual status respectively by the expiry of the Amnesty; through either ensuring that the correct

sponsorship is put in place or repatriating indi-viduals to their home countries. Employers in violation of the labour and immigration laws will be subject to a fine of SAR 10,000 per employee employed unlawfully, and a potential jail sen-tence of at least 2 years (maximum 5 years).

The KSA authorities are encouraging individ-uals and employers to benefit from the Amnesty and have made it clear that leniency will be shown to those correcting violations. The Amnesty and greater enforcement action must be viewed against the wider aim to promote the employment of KSA nationals and modernise labour arrangements in KSA (in agreement with the major labour exporting countries such as the Philippines, India, and Indonesia).

In addition, a series of amendments to the KSA Labour Law have been published. These, along with other proposals (such as unemploy-

ment benefit for KSA nationals and measures to enhance job location and recruitment for returning graduates to KSA) will be the subject of attention in the coming months.

Saudi Arabia visa amnesty update

Abdulaziz A. Al-Bosaily Law Office in association with Clyde & Co LLPTel: (966) 11 200 8817 Fax: (966) 11 200 8558 Email: [email protected] [email protected] www.clydeco.com

The KSA authorities are encouraging individuals and employers to

benefit from the Amnesty and have made it clear that leniency will be shown to those

correcting violations

By Sara Khoja and Antonio Michaelides


souTh KoRea

On September 16th, 2012, the US Patent and Trademark Office (USPTO) initiated a new procedure called Inter Partes Review or IPR, replacing the earlier procedure called Inter Partes Reexamination. Under the new provision established by the America Invents Act, a person who is not the patent owner and has not previously filed a civil action challenging the validity of a claim of the patent may petition for an IPR proceeding of the patent to challenge the validity of one or more claims of the patent.

According to the statistics, a total of 296 peti-tions for IPR have been filed with the USPTO as of June 17th, 2013, of which only 7 petitions (about 2 percent) have been denied, indicating that the overwhelming majority of the petitions have been granted. In addition, initial reports suggest that US district courts are staying litiga-tion in favor of IPR at the surprisingly high rate of 60 percent.

Considering the initial statistics and despite the fact that most IPR petitioned have not yet gone all the way through to completion, we can still make observations as to potential IPR strategies and considerations.

Many practitioners believe that IPR is a valuable tool to con-sider when an infringement issue arises with respect to a patent in the US, because it offers many advantages compared to a full-scale patent litigation. First of all, it is fast – so fast that it has been nick-named a mini-trial within the USPTO. While a patent litigation in a US district court takes on average about 30 months or more to conclude, an IPR, called a mini trial within the USPTO, including the possibility for limited discovery, is statutorily required to be com-pleted within one year of institution, although the time may be extended up to six months for good cause. That is, an IPR pro-ceeding, which wraps up within 18 months at most, takes about half the time of a patent litigation.

Secondly, a patent litigation in the US is known to be expen-sive, easily exceeding millions of dollars. In contrast, an IPR proceeding normally costs hundreds of thousands of dollars, and is an order of magnitude less than the cost of a regular patent litigation.

Moreover, an IPR proceeding is adjudicated by a panel of three patent judges at the Patent Trial and Appeal Board (PTAB), rather than by examiners as in the reexamination procedures, and most patent judges have technical degrees with years of experience in the relevant art in addition to law degrees. Accordingly, the PTAB is thought to be a better venue to contest patent matters having

substantial technical complexity. It is important, however, to note that the

petitioner in an IPR must consider the issue of estoppel. That is, a petitioner may not assert that a claim is invalid on any ground that the petitioner raised or reasonably could have raised during the IPR proceeding in any subse-quent or companion litigation. In addition, there is always the possibility that the original claims or claims as amended may be confirmed in the IPR as being patentable in consideration of the prior art, which would allow the patent owner to continue enforcement of an even stronger patent.

In summary, although it is difficult to assess the efficacy at this early stage of availability, an IPR proceeding appears to have many advan-tages over a full scale patent litigation including shorter proceedings and reduced costs. Moreover, the USPTO may be a preferable

venue over the district court to contest patent matters having complex technical issues.

Working with ‘Inter Partes Review’

Lee International IP & Law GroupPoongsan Bldg. 23, ChungjeongroSeodaemun-gu, Seoul 120-837 Korea Tel: 82 2 2279 3631, 2189 3661 (Direct)Fax: 82 2 2273 4605 / 2277 7763

Email: [email protected] www.leeinternational.com

By Sungho Hong

... although it is difficult to assess

the efficacy at this early stage of

availability, an IPR proceeding appears

to have many advantages over a full scale patent

litigation including shorter proceedings and reduced costs

Find the AsiAn-menA Counsel JURISDICTION UPDATES archived at www.inhousecommunity.com



unITed aRab eMIRaTes

Across the Middle East, it is apparent that increasingly streamlined and sophisticated corporate legal regimes are being implemented by rulemakers to facilitate ease of doing business and make their respec-tive jurisdictions more attractive to investors. This welcome trend is set to continue and, in the UAE, is buoyed by a healthy competition between the Emirates and their various Free Zones for attracting investment. This has no doubt contributed to MSCI’s recent upgrade of Qatar and the UAE from ‘frontier’ to ‘emerging’ markets.

In the private sector, businesses are showing an appetite to engage in increasingly complex legal transactions. No longer content to rely on the ‘basic’ provisions seen in M&A and JV transactions, decision makers, guided by an increasingly sophisticated team of in-house counsel, are eager to explore ways and means to extract extra value from M&A transactions and JVs.

Mindful of these complementing trends, Clyde & Co LLP pub-lished its inaugural Middle East Deal Study earlier this year. The Study analyses data collected from 86 key M&A and JV transactions that the firm worked on in the Middle East during 2012 and provides a detailed analysis of the legal terms on which those JV and M&A trans-actions were carried out.

The Study is the first of its kind in the region and is a helpful tool for those negotiating their own M&A and JV transactions. It provides an insight into what could be considered current ‘market practice’ and helps the reader focus on important legal and practical issues to bear in mind when negotiating M&A or JV transactions.

A selection of high-level conclusions from the Study is set out below.

M&AConsideration: 76 percent of deals were all cash (total: US$6.9bn)

whereas 21 percent comprised a mixture of cash and equity.Purchase price adjustment: surprisingly, only 39 percent of M&A

deals included a purchase price adjustment mechanism. Completion accounts were the most popular mechanism, with earn outs coming a close second. This is one area which is likely to see movement in coming years.

Security for claims: only 34 percent of M&A deals contained security for the buyer in the event of a claim for breach of warranty against the seller.

Limitations on sellers’ liability: 52 percent of M&A deals had a cap of half or less than half of the purchase price, reflecting more of a US than UK model. There was also widespread use of ‘de minimis’, ‘baskets’ and other common limitations on liability.

Choice of law/forum: 41 percent chose courts and 59 percent chose arbitration as the forum to resolve disputes. (Interestingly, this differs significantly from JVs where arbitration was overwhelmingly the preferred choice of forum.) There was also a clear tendency towards the use of English law.

JVsOffshore structures: 29 percent of JVs used a corporate vehicle

from outside the region, such as the Cayman Islands or BVI, providing options such as different classes of shares (not generally available in Middle East jurisdictions).

Share transfers: 64 percent of JVs contained contractual provi-sions restricting transfer of shares, in addition to statutory pre-emp-tion rights. 25 percent of JVs included lock-in periods on share transfers of between 1 and 5 years, 23 percent included tag along rights, 17 percent included drag along rights and 12 percent included put/call options.

Reserved matters: 69 percent of JVs included a schedule of contrac-tual reserved matters. Note, however, that where a “local” corporate vehicle is used, a number of matters will in practice require the consent of all shareholders and this can provide an effective form of veto.

Deadlock resolution: 75 percent of all JVs contained deadlock resolution provisions. Where the agreement specified that the JV should terminate in the event of a deadlock which could not be resolved, various mechanisms were seen, including ‘Russian Roulette’ and ‘Mexican/Texas Shootout’ procedures.

Choice of law/forum: the preferred forum for dispute resolution was arbitration (93 percent) with DIFC/LCIA Arbitration Rules being the most popular governing rules (47 percent). In terms of choice of law, JV part-ners tend to prefer English law (48 percent) over other laws.

To request a copy of the Study, please email: [email protected]

Study reveals Middle East M&A and JV trends

Clyde & Co LLPPO Box 7001, Rolex Tower Sheikh Zayed Road, Dubai United Arab EmiratesTel: (971) 4 384 4000 Fax: (971) 4 384 4004Email: [email protected] [email protected] www.clydeco.com

By Philip O’Riordan and John O’Connor


VIeTnaM

Legislative history To provide guidance to Vietnam’s commitments made upon its accession to the WTO on market openings, the Government in 2007 issued Decree No. 23/2007/ND-CP prescribing legal bases for foreign-owned enterprises to engage in trading and distribution activities in Vietnam (Decree 23).

The main obstacle to a clear and non-burdensome regu-lations regime was the economic needs test (the ENT) which is applicable to foreign investors when establishing more than one retail outlet in Vietnam. Decree 23 and Circular 09/2007/TT-BTM dated July 17th, 2007 (Circular 09) pro-vide certain criteria related to the ENT when setting up more than one retail outlet, i.e. (i) the number of retail sales outlets, (ii) the market stability, (iii) the population density and (iv) the consistency of the investment project with the master plan of the province or city. There was no further regulation detailing how the ENT should be conducted. As a consequence, the ENT process is largely dependent on the discretion of the authority applying the ENT.

Recently, the Government took a new step in passing Circular No. 08/2013/TT-BCT dated April 22nd, 2013 of the Ministry of Industry and Trade on the goods distribution activities conducted by foreign owned enterprises (Circular 08). Circular 08 entered effect on June 7th, 2013 and replaced Circular 09.

Differences between Circular 08 and Circular 09Regarding the first retail sales outlet, there is a significant change in the provisions regulating the establishment of the first retail outlet. While Circular 09 provided few provisions to administer the approval of the first retail sales outlet, Circular 08 seems to be more serious about the matter. In particular, under Circular 08, the establishment of the first retail sales outlet is now subject to the relevant master plan for the retail sales activity of the province and central-affiliated city where such outlet is located.

For subsequent retail sales outlets, a noticeable change offered by Circular 08 (Article 7) is that it prescribes an exception for cases where the application of the ENT shall not be applied. Any retail sales outlet other than the first outlet which meets the following conditions shall not be subject to the ENT:(a) meeting the master plan of the province or city where the retail sales

outlet is located

(b) being located in areas planned for goods trading activities by central-affiliated cities and provinces;

(c) being established on a business premises with the area of less than 500 square meters; and

(d) having completed the construction of infrastructure.The table below reflects the main differences between the provisions of Circular 09 and of Circular 08 regarding the setting up subsequent retail sales outlets:

Administrative mechanism of the ENTTo make the ENT process more transparent and consistent, Circular 08 also creates an organisation called the ENT Checking Council (the Council) to audit applications of the ENT.

In general, the Council is under the governance of the provincial people’s committee and is constituted by a group of people who come from the relevant licensing authorities. In particular, the Council consists of the representatives of the relevant provincial people’s committee, the department of planning and investment (the management board of the relevant economic zone), the department of industry and trade and other related authorities which are appointed by the president of the provincial people’s committee.

Development trends in the regulation on goods distribution and trading activities conducted by foreign traders

By Bui Minh Hoang

Indochine CounselUnit 4A2, 4th Floor, Han Nam Office Building65 Nguyen Du, District 1, Ho Chi Minh City, VietnamTel: (84) 8 3823 9640 | Fax: (84) 8 3823 9641Email: [email protected] www.indochinecounsel.com

Hanoi Branch Office: T: (84) 4 3795 5261 | E: [email protected]

Criteria

The number of retail sales outlets

The market stability

The population density

The consistency of the investment project

Others

Circular 09

To be counted within the area of province or city where the retail sales outlet is located

Pertaining to the province or city where the retail sales outlet is located

Pertaining to the province or city where the retail sales outlet is located

Meeting the master plan of the province or city where the retail sales outlet is located

(New) Circular 08

To be counted within the area of the district where the retail sales outlet is located

Pertaining to the district where the retail sales outlet is located

Pertaining to the district where the retail sales outlet is located

Meeting the master plan of the province or city where the retail sales outlet is located

The scale of the district-level locality where the retail sales outlet is located


AsiAn-MenA Counsel DireCt

AUSTRALIAClyde & CoSydney address: Level 30, 420 George Street, Sydney NSW 2000tel: (61) 2 9210 4400email: [email protected] address: Level 28, 197 St Georges Terrace, Perth WA 6000tel: (61) 8 6145 1700email: [email protected]: John Edmondemail: [email protected]: www.clydeco.com

ENR INS MS PF RE

CAMBODIA/MYANMAR/LAOSLawPlus Myanmar Ltd.Room 517 Yangon International HotelNo. 330 Corner of Ahlone and Pyay RoadsDagon Township, Yangon, Myanmar tel: (95) 9 505 6667email: [email protected]: Ms. Khin Htwe MyintWebsite: www.lawplusltd.com

BF CMA IP LDR RE

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Myanmar Legal Services LimitedRoom 117, Inya Lake Hotel 37 Kaba Aye Pagoda Road Mayangone Township, Yangon, Myanmartel: (951) 657 792 ; (951) 650 740email: [email protected]; [email protected]: Khin Cho Kyi; Stefan ChapmanWebsite: www.myanmarlegalservices.com

BF CMA ENR PF REG

Your ‘at a glance’ guide to some of the region’s top service providers.

Indicates an AsiAn-menA Counsel Firm of the Year. 2011 2012 2013

MR An AsiAn-menA Counsel Most Responsive Firm of the Year.

— LAW Firms —

Practice Area key:INV Alt’ Investment Funds (inc. PE)

COM Antitrust / Competition AV AviationBF Banking & FinanceCM Capital Markets

CMA Corporate & M&A

E EmploymentENR Energy & Natural ResourcesENV EnvironmentIA International ArbitrationIP Intellectual PropertyIF Islamic Finance

INS InsuranceLS Life Sciences

LDR Litigation & Dispute ResolutionMS Maritime & ShippingPF Projects & Project Finance

(inc. Infrastructure)

RE Real Estate / ConstructionREG Regulatory / Compliance RES Restructuring & InsolvencyTX Taxation

TMT Telecoms, Media & Technology

MR An AsiAn-menA Counsel Honourable Mention Most Responsive Firm of the Year.

One of this firm’s three largest practice areas in this jurisdiction. Indicates a full service firm in this jurisdiction.

ChINABingham McCutchen LLP –Beijing Representative OfficeChina World Tower 3, 1 Jianguomenwai Avenue50th Floor, Beijing, China, 100004tel: (86) 10 6535 2888email: [email protected]: Brian BeglinWebsite: www.bingham.comCMA BF LS

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Clyde & Co. 2012 2013

Beijing:7th Floor, Tower W3, Oriental Plaza 1 East Chang An Avenue Beijing 100738, P R China tel: (86) 10 5814 3600email: [email protected] Contact: Lynia Lau, Partner and Beijing Chief RepresentativeShanghai:Level 23, Shanghai Two IFC, 8 Century Avenue, Shanghai 200120, Chinatel: (86) 21 6035 6188 email: [email protected] Contact: Ik Wei Chong, Partner and Shanghai Chief Representative Website: www.clydeco.com

MR ENR INS LS LDR MS

hylands Law Firm5A, East Wing, Hanwei Plaza, No.7 Guanghua Road, Chaoyang District, Beijing 100004, Chinatel: (86) 10 5201 9988email: [email protected]: Jiang Jiang (Partner)Website: www.hylandslaw.comCOM CMA IP LDR TMT

hONG KONGBingham McCutchen LLP 2012 in association with Roome Puhar Suites 4901-4904, One Exchange Square8 Connaught Place Hong Kongtel: (852) 3182 1700email: [email protected]: Matthew PuharWebsite: www.bingham.com

INV CMA RES

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Clyde & Co. 2011 2013

58th Floor, Central Plaza, 18 Harbour Road, Wanchai, Hong Kongtel: (852) 2878 8600email: [email protected]: Michael Parker, Managing Director, Asia-Pacific Website: www.clydeco.com

AV INS MS LDR RE

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Davis Polk & Wardwell 2012 2013

18/F, Hong Kong Club Building, 3A Chater Road, Central, Hong Kongtel: 852 2533 3300email: [email protected]: William Barron Website: www.davispolk.com

INV CM CMA

Laracy & Co.Room 2102, 21st Floor, Tower Two, Lippo Centre, 89 Queensway, Admiralty Hong Kongtel: (852) 2525 7525email: [email protected] / [email protected] Contact: Ms. Calvin ChanWebsite: www.laracyco.comCMA LDR MS


P.C. Woo & Co. 2013

12th Floor, Prince’s Building 10 Chater Road, Central, Hong Kongtel: (852) 2533 7700email: [email protected]: www.pcwoo.com

BF CM LDR RE RES

INDIA Bharucha & PartnersCecil Court 4th Floor, M.K Bhushan MargColaba, Mumbai – 400 039 Indiatel: (91) 22 22899300email: [email protected]: MP BharuchaWebsite: www.bharucha.inCMA IA

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Clasis Law 2012 2013

Mumbai:1202B, Floor 12B, Tower 2B, One Indiabulls Centre 841 Senapati Bapat Marg, Elphinstone Road, Mumbai 400 013 tel: (91) 22 4910 0000 email: [email protected]: Ishtiaq Ali, Partner. New Delhi:14th Floor, Dr. Gopal Das Bhawan, 28, Barakhamba Road, New Delhi, 110 001 tel: (91) 11 4213 0000 email: [email protected]: Vineet Aneja, PartnerWebsite: www.clasislaw.com

AV CMA INS LDR PF

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D.h. Law Associates111 Free Press HouseFree Press Journal Road215 Nariman PointMumbai – 400021. Indiatel: (91) 22 6625 2222email: [email protected]: www.dhlawassociates.comCMA LDR IA

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Phoenix Legal 2012

Mumbai: First Floor, CS-242Mathuradas Mill Compound, N.M. Joshi MargLower Parel, Mumbai 400013, India tel: (91) 22 4340 8500 email: [email protected] Website: www.phoenixlegal.inMumbai: 1510, 15th Floor, Maker Chamber – VNariman Point, Mumbai – 400021tel: (91) 22 2282 3855 / 3125 / 3131 email: [email protected] Website: www.phoenixlegal.inDelhi: Second Floor, 254, Okhla Industrial EstatePhase III, New Delhi 110020, India tel: (91) 11 4983 0000 email: [email protected]: www.phoenixlegal.in

BF CMA ENR INS PF

INDONESIAAdnan Kelana haryanto & hermanto (“AKhh Lawyers”) 2011 2012 2013

Chase Plaza 18th Floor Jl. Jend. Sudirman Kav. 21 Jakarta 12920, Indonesiatel: (62) 21 5208270email: [email protected]: Stefanus HaryantoWebsite: www.akhh.comCOM CMA ENR LDR TMT

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Ali Budiardjo, Nugroho, Reksodiputro 2011 2012 2013

Graha CIMB Niaga 24th Fl., Jl. Jenderal Sudirman Kav.58 Jakarta 12190, Indonesiatel: (62) 21 250 5125/5136email: [email protected] [email protected]: Emir Nurmansyah Nafis Adwani email: [email protected] [email protected]: www.abnrlaw.com

MR BF CM CMA ENR PF

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Assegaf hamzah & Partners 2011 2012 2013

Menara Rajawali 16th Floor, Jl. Mega Kuningan, Lot 5., 1 Kawasan Mega Kuningan, Jakarta 12950, Indonesiatel: (62) 21 25557800email: [email protected]: www.ahp.co.idContacts:Ahmad Fikri Assegaf ([email protected])Bono Daru Adji ([email protected])Eri Hertiawan ([email protected])Eko Ahmad Ismail Basyuni ([email protected])Ibrahim Sjarief Assegaf ([email protected])Yanu Wiriasmoko ([email protected])

BF CM CMA

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Bagus Enrico & Partners DBS Bank Tower, 17th Floor, Suite 1701Jl. Prof. Dr. Satrio Kav. 3 - 5Jakarta 12940, Indonesiatel: (62) 21 2988 5959email: [email protected]: Enrico Iskandar, Managing PartnerWebsite: www.bepartners.co.id

BF CMA INS

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Frans Winarta & Partners Law FirmKompleks Bukit Gading Mediterania (Florencia)Boulevard Bukit Gading Raya Blok A15-17 Kelapa Gading Permai, Jakarta 14240, Indonesiatel: (62) 21 453 2143; (62) 21 4585 4839; (62) 21 4585 4840email: [email protected]: Mr. Winarta, FransWebsite: www.franswinarta.comCMA LDR IA

K&K Advocates – intellectual property 2013

BRI II Building, 15th Floor, Suite 1502,Jl. Jend. Sudirman Kav. 44-46Jakarta 10210tel: (62) 21 5785 0331 email: [email protected]: Mr. Justisiari P. KusumahWebsite: www.kk-advocates.com COM IP LDR TMT

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Lubis Ganie Surowidjojo 2012 2013

Menara Imperium 30th Floor Jl. H. R. Rasuna Said Kav. 1 Kuningan Jakarta 12980, Indonesiatel: (62) 21 831 5005, 831 5025 email: [email protected] Contacts: Timbul Thomas Lubis, Dr. M. Idwan Ganie (‘Kiki’ Ganie), Arief Tarunakarya Surowidjojo, Abdul Haris M Rum, Arisia Arundati Pusponegoro, Harjon Sinaga and Rofik SungkarWebsite: http://www.lgsonline.com

MR BF CMA LDR PF RES

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Lubis Santosa & Maramis Law Firm 2012

Equity Tower, 12th FloorSudirman Central Business District (SCBD), Lot 9Jl. Jend. Sudirman Kav. 52-53Jakarta 12190, Indonesiatel: (62) 21 2903-5900email: [email protected]: www.lsmlaw.co.id CMA ENR IP LDR RE

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Makarim & Taira S. 2011 2012 2013

Summitmas I, 16th – 17th FloorsJl. Jend. Sudirman Kav. 61-62Jakarta 12190, Indonesiatel: (62) 21 252 1272, 520 0001email: makarim&[email protected]: Teddy A. SuprijadiWebsite: www.makarim.com

MR BF CMA ENR PF RE

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Melli Darsa & Co. 2011 2012

Menara Standard Chartered, 19th Floor Jl. Prof. Dr. Satrio No. 164, Jakarta 12930, Indonesiatel: (62) 21 2553 2019email: [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]: Melli DarsaWebsite: www.darsalaw.com

INV BF CM CMA REG



Naqiz & Partners 2011 No. 42A, Lorong Dungun, Damansara Heights, 50490 Kuala Lumpur, Malaysiatel: (603) 2081 7888email: [email protected]/ [email protected]/ [email protected] Contact:Partner in charge: En. Syed Naqiz Shahabuddin/ Admin person(s) in charge: Ms. Ng Jo-anne/ Ms. Jane Ramli Website: www.naqiz.comCMA BF PF

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Rahmat Lim & Partners 2012 2013

Suite 33.01, Level 33The Gardens North TowerMid Valley City, Lingkaran Syed Putra59200 Kuala Lumpur, Malaysiatel: (603) 2299 3888email: [email protected]: Lim Teong Sit, Managing Partner [email protected] Azman bin Othman Luk, Deputy Managing Partner [email protected] Website: www.rahmatlim.com

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Raja, Darryl & Loh 2011 2012 2013

18th Floor, Wisma Sime Darby, Jalan Raja Laut 50350 Kuala Lumpur, Malaysiatel: (603) 2694 9999 email: [email protected]: Dato’ M. RajasekaranWebsite: http://www.rajadarrylloh.comCMA IP LDR TX TMT

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Shearn Delamore & Co. 2012 2013

7th Floor, Wisma Hamzah-Kwong HingNo.1, Leboh Ampang 50100 Kuala Lumpur, Malaysiatel: (603) 2027 2727email: [email protected]: Robert Lazar - Managing PartnerWebsite: www.shearndelamore.com

MR BF CMA IP LDR RE

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Messrs Shook Lin & Bok 2013

20th Floor, Ambank Group Building, No 55 Jalan Raja Chulan, 50200 Kuala Lumpur, Malaysiatel: (603) 20311788email: (603) 20311775/8/9Contact: Managing PartnerWebsite: www.shooklin.com.my

Mochtar Karuwin Komar 2010 2011 14th Floor Wisma Metropolitan IIJl. Jend Sudirman, Kav.31, Jakarta 12920, Indonesiatel: (62) 21 5711130email: [email protected] / [email protected]: Emir KusumaatmadjaWebsite: www.mkklaw.net

AV CMA ENR PF

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Roosdiono & Partners, a member of ZICOlaw 2012

Indonesia Stock Exchange Building Tower I 12th Fl, Jl. Jend. Sudirman Kav. 52-53Jakarta 12190, Indonesiatel: (62) 21 5289 5125 email: [email protected] Contact: Hanim Hamzah Website: www.zicolaw.co.id

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Soemadipradja & Taher 2012

Wisma GKBI, Level 9, Jl. Jendral Sudirman No. 28Jakarta 10210 – Indonesiatel: (62) 21 574 0088email: [email protected]: Fadjar KandarWebsite: www.soemath.comCMA ENR LDR

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SSEKSoewito Suhardiman Eddymurthy Kardono 2011 2012 2013

14th Floor, Mayapada Tower, Jl. Jend. Sudirman Kav. 28 Jakarta 12920, Indonesia tel: (62) 21 521 2038, 304 16 700 email: [email protected] Contact: Rusmaini Lenggogeni (Managing Partner) Website: www.ssek.com Blog: Indonesian Insights (http://blog.ssek.com/) twitter: @ssek_lawfirm

BF CMA E ENR PF

JAPANBingham McCutchen MuraseSakai Mimura AizawaForeign Law Joint Enterprise4-3-13 Toranomon, 4th FloorMinato-ku, Tokyo, 105-0001, Japantel: (81 3) 6721 3111email: [email protected]: Hideyuki SakaiWebsite: www.bingham.comCMA RES LDR

Nakamura & PartnersRoom No.616, Shin-Tokyo Building3-3-1 Marunouchi, Chiyoda-kuTokyo 100-8355, JAPANtel: (81) 3 3211 8741email: [email protected]: Kazuhiko YoshidaWebsite: http://www.nakapat.gr.jp/index_e.htmlCOM IP LDR TMT

MALAYSIAAlbar & Partners 2011 2012

6th Floor, Faber Imperial Court,Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysiatel: (603) 2078 5588email: [email protected]: www.albar.com.my

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Azim, Tunku Farik & Wong 2011 2013

Unit 5-03, Straits Trading Building, No. 2, Lebuh Pasar Besar, 50050 Kuala Lumpur, Malaysia.tel: (603) 2697 0355 email: [email protected]: Mr. Tunku FarikWebsite: www.atfw.com.my

BF INS LDR

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Azmi & Associates 2012 2013

14th Floor, Menara Keck Seng, 203 Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysiatel: (603) 2118 5000email: [email protected] Website: www.azmilaw.com

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Kadir, Andri & Partners 2012 2013

8th Floor, Menara Safuan, 80 Jalan Ampang, 50450 Kuala Lumpur, Malaysiatel: (603) 2078 2888email: [email protected]: Abdul Kadir KassimWebsite: www.kaaplaw.com

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Lee hishammuddin Allen & Gledhill 2011 2012 2013

Level 16, Menara Tokio Marine Life No.189, Jalan Tun Razak, 50400 Kuala Lumpurtel: (603) 2161 2330email: [email protected]: Aznam Dato’ Mansor (Partner)Website: www.lh-ag.com

MR BF CMA E


SKRINE 2011 2012 2013

Unit No. 50-8-1, 8th floor,Wisma UOA Damansara 50 Jalan Dungun, Damansara Heights 50490 Kuala Lumpur, Malaysia tel: (603) 2081 3999email: [email protected]: Audrey ChooWebsite: www.skrine.com

MR BF CMA ENR IP LDR

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Tay & Partners 2011

6th Floor, Plaza See Hoy ChanJalan Raja Chulan, 50200 Kuala Lumpur, Malaysiatel: (603) 2050 1888email: [email protected]: Mr. Tay Beng Chai (Managing Partner)Website: www.taypartners.com.myCMA IP LDR

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Wong & Partners 2011 2012 2013

Level 21, The Gardens South TowerMid Valley City, Lingkaran Syed PutraKuala Lumpur 59200Malaysiatel: (603) 2298 7888email: [email protected]: Chew Kherk Ying, Managing PartnerWebsite: www.wongpartners.com

MR BF CM CMA E TX

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ZUL RAFIQUE & partners 2012 2013

D3-3-8, Solaris Dutamas, No. 1, Jalan Dutamas 1,50480 Kuala Lumpur, Malaysiatel: (603) 6209 8228email: [email protected]: Ms Mariette Peters

MR BF CMA E LDR RE

PhILIPPINESSyCip Salazar hernandez & Gatmaitan 2011

SyCipLaw Center, 105 Paseo de Roxas1226 Makati City, The Philippinestel: (632) 9823500; 9823600; 9823700email: [email protected]: Rafael A. MoralesWebsite: www.syciplaw.com

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TAN ACUT LOPEZ & PISON Law OfficesUnit 2303-A, Philippine Stock Exchange CentreEast Tower, Exchange Road, Ortigas Center Pasig City, Metro Manila, Philippinestel: (632) 635-3671email: [email protected]: Martin PisonWebsite: www.talfirm.comCMA E IP LDR TX

SINGAPOREAllen & Gledhill LLP 2011 2012 2013

One Marina Boulevard, #28-00Singapore 018989tel: (65) 6890 7188email: [email protected]: Lucien Wong, Chairman and Senior Partner [email protected]: www.allenandgledhill.com

MR BF CM CMA IA IP

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Clyde & Co Clasis Singaopre 2013

12 Marina Boulevard, Marina Bay Financial Centre Tower 3, #30 - 03, Singapore 018982tel: (65) 6544 6500 email: [email protected]: Brian Nash, Partner Website: www.clydeco.com

AV CMA IA INS PF

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Duane Morris & Selvam LLP and Selvam LLC 2012 16 Collyer Quay #17-00 Singapore 049318tel: (65) 6311 0030email: [email protected]: Arfat Selvam (Managing Director)Website: www.duanemorrisselvam.comCMA BF MS

Loo & Partners LLP16 Gemmill Lane Singapore 069254tel: (65) 6534 3288email: [email protected]: Amy HanWebsite: www.loopartners.com.sg/

BF CM CMA LDR MS

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Soemadipradja & Taher10 Collyer Quay#15-08 Ocean Financial CentreSingapore 049315tel: (65) 6513 1350email: [email protected]: Dezi KiranaWebsite: www.soemath.com

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Stamford Law Corporation 2013

10 Collyer Quay, #27-00 Ocean Financial Centre, Singapore 049315tel: (65) 6389 3000email: [email protected]: LEE Suet-Fern, senior partnerWebsite: www.stamfordlaw.com.sg

CM CMA IA

SOUTh KOREABae, Kim & Lee LLC

2011 2012 2013

133 Teheran-roGangnam-gu, Seoul, 135-723Republic of Koreatel: (82 2) 3404 0000email: [email protected]: Yong-Hyeon KangWebsite: www.bkl.co.kr

MR BF CMA IA LDR RE

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Cho & Partners 2009 2012 6th and 13th Floors Ann Jay Tower718-2 Yeoksam-dong, Kangnam-kuSeoul, 135-080, Koreatel: (82-2) 6207-6800email: [email protected]: Tae-Yeon Cho, Ik Hyun SeoWebsite: www.cholaw.com

IP LDR

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Jipyong Jisung 2012

10th Floor, KT&G Seodaemun Tower 60 Chungjeong-ro, Seodaemun-gu Seoul 120-020, Koreatel: (82-2) 6200 1600email: [email protected] Contact: Haeng-Gyu Lee (Partner) Website: www.jipyong.com

COM BF CMA E LDR

Kim & Chang 2011 2012 2013

39 Sajik-ro 8-gil (Seyang Bldg., Naeja-dong) Jongno-gu, Seoul 110-720, Koreatel: (82-2) 3703-1114email: [email protected]: www.kimchang.com

MR INV COM CMA IP LDR

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Lee International IP & Law Group 2012

Poongsan Bldg., 23 Chungjeongro, Seodaemun-guSeoul 120-837, Korea(Mailing Address: P.O. Box 1504Gwanghwamun, Seoul 110-615, Korea)tel: (82 2) 2279 3631email: [email protected]: www.leeinternational.comCOM CM CMA IP RE

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Lee & Ko 2011 2012 2013

Hanjin Main Building, 18th Floor, 118,Namdaemunno 2-Ga, Seoul 100-770, Koreatel: (82-2) 772 4000email: [email protected]: Yong-Jae ChangWebsite: www.leeko.com

MR BF CMA LDR



Shin & Kim 2011 2012 2013

8th Floor, State Tower Namsan100 Toegye-ro, Jung-gu, 100-052, Seoul, Koreatel: (82-2) 316-4114email: [email protected]: Sin Seob Kang – Managing PartnerWebsite: www.shinkim.com

MR COM BF CMA LDR RE

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Yoon & Yang LLC 2011 2012 18th, 19th, 22nd, 23rd, 34th Fls. ASEM Tower159 Samsung-DongGangnam-Gu, Seoul 135-798 Korea tel: (82 2) 6003 7000email: [email protected] Contact: Wonil Kim Website: www.yoonyang.comCOM E IP LDR TX

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Yulchon LLC 2011 2012 2013

Textile Center, 12th Floor, 518 Teheran-ro, Daechi-dong, Gangnam-gu, Seoul 135-713, Korea tel: (82 2) 528 5200email: [email protected]: www.yulchon.com

MR COM CMA IP LDR TX

TAIWANDeep & Far Attorneys-at-Law13 Floor, 27 Section 3Chung San N. Road, Taipei, Taiwantel: (8862) 25856688email: [email protected]: Mr. C. F. TsaiWebsite: www.deepnfar.com.twCOM CM E IP LDR

ThAILANDChandler & Thong-ek Law Offices Ltd.

2011 2012 2013

7th – 9th Floor, Bubhajit Building, 20 North Sathorn Road, Bangkok 10500, Thailandtel: (66) 2266 6485email: [email protected] Contact: Albert T. Chandler Website: www.ctlo.com

MR BF CMA ENR LDR PF

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LawPlus Ltd. 2012

Unit 1401, 14th Fl., Abdulrahim Place, 990 Rama IV Road, Bangkok 10500, Thailandtel: (66) 2636 0662email: [email protected]: Mr. Kowit SomwaiyaWebsite: www.lawplusltd.com

BF CMA E IP LDR

LS horizon Limited 2012 2013

14th Floor, GPF Witthayu Tower A, 93/1 Wireless Road, Lumpini,Phatumwan, Bangkok 10330, ThailandTel: (66) 2627 3443Email: [email protected]: Mr. Khemajit ChoomwattanaWebsite: www.lshorizon.com

BF CMA E IP LDR

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Natee International Law Office Ltd.The Peninsula Plaza, 4th Floor, 153 Ratchadamri Road Bangkok 10330, Thailand. tel: (66 0) 2255 6575 (5 Lines)email: [email protected]: Mr. Natee Thongdee via H/P: (66 8) 7007 7529Website: www.nateelaw.comCMA E LDR RE RES

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PricewaterhouseCoopers Legal & Tax Consultants 2012 2013

179/74-80 15th Flor Bangkok City Tower, South Sathorn Road Bangkok 10120 tel: (66) 2344 1000email: [email protected]: Mr. Thavorn Rujivanarom “Lead Tax Partner”Website: www.pwc.com/th CMA REG TX

VIETNAMAliat Legal ho Chi Minh City Office: 19th Floor, Vincom Center,72 Le Thanh Ton Street, District 01,Ho Chi Minh City, VIETNAM hanoi Office: 4th Floor, Vien Dong Building36 Hoang Cau Street, Dong Da District, Hanoi VIETNAM tel: (848) 3820 6449email: [email protected] [email protected]: Duong Thanh Long (Managing Partner) Nguyen Quoc Phong (Partner)Website: www.aliatlegal.comCMA E IP LS LDR

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Duane Morris Vietnam LLChanoi Office: Pacific Place Unit V1307/1308, 13th Floor, 83B Ly Thuong Kiet StreetHoan Kiem District, Hanoi, Vietnamtel: (844) 3946 2200email: [email protected]: Oliver Massmann(General Director for Duane Morris Vietnam LLC) ho Chi Minh Office: Suite 1503/04, Saigon Tower29 Le Duan Street, District 1, Ho Chi Minh City, Vietnamtel: (848) 3824 0240email: [email protected]: Giles T. Cooper(Branch Director for Ho Chi Minh City office) Website: www.duanemorris.comCMA BF ENR

Indochine Counselho Chi Minh Office:Unit 4A2, 4th Floor, Han Nam Office Bldg.65 Nguyen Du, District 1Ho Chi Minh City, Vietnamtel: (848) 3823 9640 / M (84) 945710234email: [email protected]: Le Thi Van AnhWebsite: www.indochinecounsel.com hanoi Office:Unit 705, 7th Floor, CMC Tower, Duy Tan StreetCau Giay District, Hanoi, Vietnamtel: (844) 3795 5261email: [email protected] CM PF

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Vision & AssociatesUnit 308-310, 3rd Floor, Hanoi Towers, 49 Hai Ba Trung Street, Hanoi, Vietnamtel: (84 4) 39340629/ 38264797email: [email protected]: Luu Tien Ngoc (Mr.)Website: www.vision-associates.com

BF CMA E IP RE

MIDDLE EASTAl Tamimi & Company

2011 2012 2013

head Office: 6th Floor, Building 4 East,Dubai International Financial Centre, PO Box 9275, Dubai, UAEtel: (971) 4 364 1641 email: [email protected] Contact: Husam Hourani, Managing PartnerWebsite: www.tamimi.com

MR BF CMA IP LDR RE

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Clyde & Co LLP 2011 2012 2013

Dubai Address: PO Box 7001, Dubai, UAE email: [email protected] tel: (971) 4 384 4000Abu Dhabi Address: PO Box 54204, Abu Dhabi, UAEemail: [email protected] tel: (971) 2 644 6633 Website: www.clydeco.com

MR CMA E IA INS LDR


Other— Services

—

— Translation —

Impact India FoundationAn international initiative against avoidable disablement.Promoted by the UNDP, UNICEF and the World Health Organization in association with the Government of India.tel: (91) 22 6633 9605 -7email: [email protected]: www.impactindia.org

••••••••••••

Community Carbon OffsettingAn initiative of Teng Hoi Conservation Organizationtel: (852) 3618 4515Website: www.communitycarbonoffsetting.org(Note: Pacific Business Press is proud to offset the carbon from flights made for the In-House Congress events through Community Carbon Offsetting).

Charitable—Organisations

—

APPARELZen Tailor Shop No.B,2/F., Entertainment Building,30 Queen’s Road Central. Hong Kongtel: (852) 2868 2948* Show your copy of AsiAn-menA Counsel (or this page)

to receive a 10% discount at Zen Tailor!

••••••••••••

MEDITATION Kadampa Meditation Centre hong Kong KMC HK is a registered non-profit organisation. We offer systematic meditation and study programmes through drop-in classes, day courses, lunchtime meditations, weekend retreats and other classes. tel: (852) 2507 2237 email: [email protected] Website: http://www.meditation.hk

••••••••••••

Meditate in SingaporeWe believe anyone who comes along will find inner peace, learn to relax and unwind, and improve their well-being through learning to meditate. KMC Singapore is a charity entirely run by volunteers.tel: (65) 64381127email: [email protected]: http://www.meditateinsingapore.org/

••••••••••••

MANDARINhong Kong Mandarin SchoolHong Kong Mandarin School– for business Putoghua.tel: (852) 2287 5072Fax: (852) 2287 5237email: [email protected]: www.mandarinlearning.hk

••••••••••••

SPORT & LEISURESplash Diving (hK) LimitedLearn to Dive and Fun Dive with the Winner of the PADI Outstanding Dive Centre/Resort Business Award!tel: (852) 9047 9603 / (852) 2792 4495email: [email protected]: http://www.splashhk.com/

— Due Diligence — Risk & Investigation

— Recruitment —

hughes-Castell tel: Hong Kong (852) 2520 1168tel: Singapore (65) 6220 2722tel: Beijing (86) 10 6581 1781tel: Shanghai (86) 21 2206 1200email: [email protected]: www.hughescastell.com

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Legal Labs Recruitmenttel: Singapore (65) 6236 0166tel: Hong Kong (852) 2526 2981email: [email protected]: www.legallabs.com

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Lewis Sanderstel: (852) 2537 7410email: [email protected]: www.lewissanders.com

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Puretel: (852) 2168 0798email: [email protected]: www.puresearch.com

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Taylor Roottel: Singapore (65) 6420 0500tel: Hong Kong (852) 2973 6333email: [email protected]: www.taylorroot.com

Kroll1701-02 Central Plaza18 Harbour Road, Wanchai, Hong Kong

tel: (852) 2884 7788

Contacts: Tad Kageyama: [email protected] Colum Bancroft: [email protected]

Website: www.krolladvisory.com——————

Navigant Consulting Asia Ltd.Suites 2901-4, Dah Sing Finance Centre

108 Gloucester Road, Wanchai, Hong Kong

tel: (852) 2233 2500

Contacts: Fred Chan: [email protected]

Alan Capps: [email protected]

Robert Pegg: [email protected]

Website: www.navigant.com

ALS Internationaltel: 852 2920 9100email: [email protected]: alsrecruit.com

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Pacific Legal Translations LimitedSpecialist translators serving the legal community.tel: (852) 2705-9456email: [email protected]: www.paclegal.com

••••••••••••

RR Donnelley Global Translation Services20/F Dina House, 11 Duddell Street, Central, Hong Kongtel: (852) 2509 7921Contact: Ms. Christy Ma, Business Development Manager – Asia Pacificemail: [email protected]: rrdtranslations.com

GRAPhIC DESIGNArtmazing!Providing print and web design services.tel. (852) 9128 8949email: [email protected]: artmazing.wordpress.com

Labuan IBFC Inc.3A-2, Level 2, Block 3A, Plaza Sentral

Jalan Stesen Sentral

KL Sentral 50470, Kuala Lumpur, MALAYSIA

tel: (603) 2773 8977

email: [email protected]

Website: www.labuaniBFC.my

Other Legal/—Consultative

—

hong Kong International Arbitration Centre38/F Two Exchange Square,

8 Connaught Place, Hong Kong

tel: (852) 2525 2381

email: [email protected]

Contact: Chiann Bao,

Secretary-General of HKIAC

Website: wwww.hkiac.org

Arbitration — Services

—

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