Latest Posts
Search for:
Category

Asia Pacific

Category
In Criminal Law

Philippines: DOJ Circulars introduce new evidentiary standard for pursuing criminal cases, and new case build-up procedures

by and 6 Mins Read

In brief The Department of Justice (DOJ) issued a series of Circulars that modify criminal procedure in the Philippines, by introducing the “reasonable certainty of conviction” standard when pursuing criminal cases, and implementing procedures that ensure proactive involvement by prosecutors during case build-up. In more detail Through a series of Department Circulars (DC) — DC Nos. 008, 008-A, 016, and 020 series of 2023 — the DOJ made important changes to the process involved in instituting criminal cases in the…

In Insolvency

Malaysia: Insolvency (Amendment) Bill 2023

by , and 3 Mins Read

In brief The Insolvency (Amendment) Bill 2023 (“Amendment”) was passed in the Dewan Rakyat on 24 May 2023. The Amendment seeks to provide for a more effective bankruptcy administration system which is in line with the Government’s intention to preserve the welfare of bankrupt individuals. The Insolvency Act 1967 (“Act”) was last amended on 1 September 2021 vide the Insolvency (Amendment) Act 2020. Key takeaways The critical suggested amendments to the Act are as follows:…

In Cryptocurrency

Hong Kong court decision held cryptocurrencies as property and clarified interests of investors

by and 4 Mins Read

In brief A recent decision by the Court of First Instance in Re Gatecoin Limited[1] ruled that cryptocurrencies are “property” and are capable of being held on trust. This is a welcomed decision, clarifying the nature of cryptocurrencies and the interests of investors when depositing cryptocurrencies with exchanges. Key takeaways The decision affirms the proprietary nature of cryptocurrencies in Hong Kong. The decision has significant implications for players in the cryptocurrency market: The decision offers greater…

In Mediation

Singapore: High Court enforces agreement to mediate in a multi-tiered dispute resolution clause

by , , and 4 Mins Read

In brief In Maxx Engineering v PQ Builders Pte Ltd [2023] SGHC 71, the General Division of the High Court of Singapore (“High Court”) dealt with the novel issue of whether a party could be compelled by a court order to refer a dispute to mediation pursuant to its contract with a counterparty, even if it did not want to mediate. The High Court held that it was just and equitable to order specific performance such that…

In Criminal Law

Indonesia: New Criminal Code (Part Three) – Fraudulent acts against creditors chapter

by , , and 4 Mins Read

In brief The New Criminal Code became the first piece of legislation passed into Law in 2023 and was promulgated on 2 January as Law No. 1 of 2023. Part one of our client alert series outlined the key features of the New Criminal Code (access here) and part two of our client alert series outlined the key features of digital information, bribery & corruption and money laundering-related crimes in the New Criminal Code (access…

In Criminal Law

Indonesian New Criminal Code (Part Two)

by , , , and 6 Mins Read

In brief The New Criminal Code became the first piece of legislation passed into Law in 2023 and was promulgated on 2 January as Law No. 1 of 2023. In the next three years, the New Criminal Code will replace the 100-year old criminal code currently in place. Part one of our client alert series outlined the key features of the New Criminal Code (access here). In this part two of the series, we take a…

In Criminal Law

Indonesian New Criminal Code (Part One)

by , , , and 13 Mins Read

In brief This client alert discusses the new Indonesian criminal code, which in a few years will replace the existing criminal code. This alert outlines the key features of the new criminal code, and is the first of a series of client alerts on the new Indonesian criminal code. Snapshots of the New Criminal Code The House of Representatives and the Government of Indonesia approved the draft of the new criminal code on 6 December…

In Non-Fungible Token

Singapore Court recognises non-fungible tokens as property and grants interim injunction against persons unknown in Janesh s/o Rajkumar vs. Unknown Person (“CHEFPIERRE”) [2022] SGHC 264

by , , and 8 Mins Read

In brief In the recent decision of Janesh s/o Rajkumar v Unknown Person (“CHEFPIERRE”) [2022] SGHC 264, the Singapore High Court found that NFTs can be regarded as property, and a proprietary injunction may be issued by the Court to prevent the dissipation of NFTs. This decision follows the tenor of the Singapore High Court’s earlier decision this year in CLM v CLN [2022] SGHC 46 (“CLM”), which established that cryptocurrency could be classified as property that could be…

In Reciprocal Enforcement of Judgments

Hong Kong and China: The passing of the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill

by and 4 Mins Read

In brief The long overdue “Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill” (“RE Bill”) was passed by the Hong Kong Legislative Council on 26 October 2022. The RE Bill implements the “Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region”, which was signed between the Supreme People’s Court of the Mainland and the HKSAR…

In Unfair Competition

Australia: Significantly increased CCA/ACL penalties and prohibitions on Unfair Contract Terms are on the horizon

by , , , , , , and 11 Mins Read

The Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 will, for the first time, apply penalties to unfair contract terms and will increase maximum penalties under the CCA and ACL five-fold. In brief On 28 September 2022, the Government introduced the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (“Bill”). If passed, the Bill will: Introduce a civil penalty regime prohibiting the use of and reliance on unfair contract terms (UCTs) in standard…

Load More