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A GC to Bank on AIIB’S Legal Architect Shares His Plans

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A GC to Bank on AIIB’S Legal Architect Shares His Plans WWW.VANTAGEASIA.COM NOVEMBER – DECEMBER 2016 VOLUME 1 | ISSUE 3 ASIA BUSINESS LAW JOURNAL BUSINESS LAW ASIA BUSINESS LAW JOURNAL LEGAL INTELLIGENCE FOR IN-HOUSE COUNSEL ExclusiveABLJ A GC to bank on AIIB’s legal architect shares his plans NOVEMBER – DECEMBER 2016 DECEMBER – NOVEMBER Infrastructure in Asia: what’s hot and why Focus on Singapore’s best laid legal plans Tobacco packaging: to ban or not to ban? Vantage Asia Tired of Brexit? Get prepared while you wait CONTENTS CONTENTS 3 LEADER Building ties: Projects keep the region’s lifeblood flowing 4 NEWS • B&M’s new ‘agile’ approach • Merits of micro-credit IPO • PSBC breakthrough saves deal 17 BUSINESS LAW DIGEST • Australia broadens KYC methods • Defamatory internet publications • Indonesia’s circular No. 31 24 IN-HOUSE AGENDA Korean workshop with a twist Singapore’s Black Tie Gala Indian escape for GC reforms 27 DISPUTE DIGEST • Court rules on BIT treaty claim • Asian Arbitration in focus 31 COVER STORY In-house architect: 31 An exclusive interview with the AIIB’s general counsel 43 ASIA-SPECIFIC On track: Infrastructure in Asia 41 69 53 COUNTRY FOCUS Singapore legal sector lopes forward despite some sizeable setbacks 63 COUNTERPOINT Tobacco brand bans: Where do you stand in this IP debate? 69 INTELLIGENCE REPORT What to do while waiting for a clearer picture of Brexit 75 CORRESPONDENTS Expert advice from Asia Business Law Journal’s correspondent law firms 75 CHINA – CORPORATE & COMMERCIAL 79 INDONESIA – CORPORATE & COMMERCIAL 83 SINGAPORE – CORPORATE & COMMERCIAL Allbright Law Offices Lubis Ganie Surowidjojo Central Chambers Law Corporation 76 CHINA – DISPUTE RESOLUTION 80 OFFSHORE FINANCE 84 THAILAND – CORPORATE & COMMERCIAL Boss & Young Maples and Calder Silk Legal 77 INDIA – CORPORATE & COMMERCIAL 81 ONE BELT ONE ROAD Khaitan & Co Zhong Lun Law Firm 78 INDIA – INTELLECTUAL PROPERTY 82 PHILIPPINES – CORPORATE & COMMERCIAL Anand & Anand ACCRA Law Offices 1 ABLJ ⁄ NOVEMBER – DECEMBER 2016 ASIA BUSINESS EDITORIAL BOARD LAW JOURNAL November-December 2016 Volume 1 / Issue 3 ISSN: 2518-3141 EDITORIAL Himavat Chaudhuri Gavin Denton Deepak Dhawan Andrew Godwin Will Herbert Gigi-Anne Hoh Email: [email protected] Chief Legal and Head of Chambers, Executive Director, Author, Associate Director, President, Japan Regional Legal Counsel, Telephone: +852 3622 2673 Regulatory Affairs Officer, Arbitration Chambers Corporate Affairs & Law, Asian Law Centre, In-house Counsel Syngenta Asia-Pacific Tata Sky Hong Kong Indian Oil Corporation Melbourne Law School Network SUBSCRIPTIONS Email: [email protected] Telephone: +852 3622 2623 www.vantageasia.com EDITOR John Church Tanya Khan Akhil Prasad João Ribeiro Yudhistira Setiawan Ashok Sharma Lin Shi CONTRIBUTORS Vice President/Managing Country Counsel, Head, Regional Centre President, Founder & President, President, Director, Australia & Boeing International for Asia-Pacific, Indonesian Corporate Indian Corporate Hong Kong Corporate Vandana Chatlani, Penelope MacRae, Asia-Pacific,Association Corporation India UNCITRAL Counsel Association Counsel Association Counsel Association Idil Yasa, Sarah Byrne of Corporate Counsel CREATIVE CONSULTANT Shaun Horrocks – Apostrophe Design HEAD OF MARKETING Anita Fung BUSINESS DEVELOPMENT MANAGER Thom Andrews ASSOCIATE PUBLISHERS Huen Wong Dharmendra Yadav Steven Yeo Professor Yeo Peter Zhang Shawn Zhao Xiaoxue Kim Cheung, Tina Tucker Honorary Chairman, Vice President, Senior Vice President & Tiong-min General Counsel and Vice President and Hong Kong International Singapore Corporate General Counsel, Dean, Singapore Board Secretary, General Counsel, PUBLISHERS Arbitration Centre Counsel Association Asia Manulife Management University Greater China Greater China, James Burden, Kelley Fong School of Law Sony Mobile Hewlett Packard OUR CORPORATE COUNSEL ASSOCIATION PARTNERS VANTAGE ASIA PUBLISHING LIMITED 21/F Gold Shine Tower 346-348 Queen’s Road Central Hong Kong Telephone: +852 3622 2673 Email: [email protected] EDITOR-IN-CHIEF John Church DIRECTORS James Burden, Kelley Fong CORRESPONDENT LAW FIRMS Policy on advertising, sponsorship • CHINA – CORPORATE & COMMERCIAL • OFFSHORE FINANCE Maples & Calder and editorial independence In addition to its independent editorial content, Asia Business Allbright Law Offices • ONE BELT ONE ROAD Zhong Lun Law Firm Law Journal may contain some paid advertisements/listings and sponsored content. All articles in the Correspondents section of • CHINA – DISPUTE RESOLUTION Boss & Young • PHILIPPINES – CORPORATE & COMMERCIAL Asia Business Law Journal and any other articles labelled “Practi- tioner’s perspective” are sponsored by the law firm or organiza- • INDIA – CORPORATE & COMMERCIAL ACCRA Law Offices tion credited. However, the content of all such articles has been appraised and edited by Asia Business Law Journal’s editors. Paid Khaitan & Co • SINGAPORE – CORPORATE & COMMERCIAL advertisements/listings have not been edited by Asia Business Law Journal’s editors and no responsibility is taken for the accuracy of • INDIA – INTELLECTUAL PROPERTY Central Chambers Law Corporation any information they contain. All other content in Asia Business Law Journal, including articles, features, rankings, awards, quota- Anand & Anand • THAILAND – CORPORATE & COMMERCIAL tions, photographs and illustrations, is fully independent editorial that has been written, commissioned or selected by Asia Business Silk Legal Law Journal’s editors on purely editorial grounds. Asia Business Law • INDONESIA – CORPORATE & COMMERCIAL Journal values and upholds its editorial independence and integ- Lubis Ganie Surowidjojo rity, and never accepts payment for inclusion in its independent editorial content. This policy is upheld at all times. Disclaimer & conditions of sale SUBSCRIPTION INFORMATION Vantage Asia Publishing Limited retains the copyright of all material published in this magazine. No part of this magazine may be reproduced or stored in a retrieval system without the prior written permission of the publisher. The views expressed Asia Business Law Journal is published in this magazine do not necessarily reflect the views of the [email protected] publisher, its staff or members of the editorial board. The ma- SIX times a year and has a subscrip- SCAN THE terial in this magazine is not offered as advice and no liability tion price of US$595 for one year or +852 3622 2623 is assumed in relation thereto. The publisher, staff and all other US$1,071 for two years. Subscribe QR CODE contributors to Asia Business Law Journal disclaim any liability for TO VISIT US the consequences of any action taken or not taken as a result now to arm your organization with of any material published in this magazine. the best in legal intelligence. WWW.VANTAGEASIA.COM ONLINE Printed in Hong Kong © Vantage Asia Publishing Ltd, 2016 2 ABLJ ⁄ NOVEMBER – DECEMBER 2016 LEADER OPINION WWW.VANTAGEASIA.COM NOVEMBER – DECEMBER 2016 VOLUME 1 | ISSUE 3 ASIA BUSINESS LAW JOURNAL BUSINESS LAW ASIA BUSINESS LAW JOURNAL LEGAL INTELLIGENCE FOR IN-HOUSE COUNSEL ExclusiveABLJ A GC to Building ties bank on AIIB’s legal architect shares his plans Projects keep the region’s 2016 DECEMBER – NOVEMBER Infrastructure in Asia: what’s hot and why Focus on Singapore’s best laid legal plans Tobacco packaging: to ban or not to ban? Vantage Asia Tired of Brexit? Get prepared while you wait lifeblood flowing elcome to the third interest is his advice for counsel working resulted in big plans for Fintech, restructur- issue of Asia Business for government departments, multination- ing and insolvency, and other areas to Law Journal and first als or other project masters who might be keep Singapore leading the region despite of all may I wish looking to approach the AIIB for project a tepid economy. you all the best for funding in future. We also take a look at Brexit and the pos- theW festive season! The year has passed Coupled with this exclusive interview is sible impacts for this region. The twists and quickly, it seems, and since our launch in an overview of infrastructure activity in the turns in the political plot for Britain’s exit July we have been working hard to pro- region. On track looks at which countries from the EU read like Machiavellian theatre, vide you with the best legal intelligence are busiest with projects right now and why. but Brakes on Brexit? gives some clarity to in the region. We also explore regulatory developments what counsel should be preparing for while In keeping with this philosophy, our in these jurisdictions that are helping or waiting for a clearer picture to emerge. Cover Story is one that I’m sure will be hindering legal teams as they deal with Finally, with the World Health most enlightening for in-house counsel, often complex frameworks in individual Organization’s November anti-tobacco con- and also for law firms and others with countries. At times when economies are ference as a backdrop, we look at the two an interest in the region’s continuing not firing on all cylinders, infrastructure is opposing forces. A recent article written for development. We spoke exclusively with a buzzword and that time is now in many our sister publication, India Business Law Gerard Sanders, the general counsel for the parts of the region. Journal, Japan Tobacco International’s Idil newly formed and fully operational Asian In our Country Focus for this issue, we Yasa provides some compelling arguments Infrastructure Investment Bank (AIIB). look at Singapore and why this tiny city- for brand protection.
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