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By Meg Utterback, Daisy Mallett, Holly Blackwell, James McKenzie, Josephine Lao, and Ma Xiao.

China has been at the forefront of a number of recent developments in the dispute resolution space. One notable development is the announcement by the China International Economic and Trade Arbitration Commission (CIETAC) of its new rules governing the arbitration of international investment disputes (Rules) and the CIETAC Investment Dispute Resolution Centre in Beijing (CIETAC IDRC), the default centre to administer those Rules. According to CIETAC’s Secretary-General, the Rules seek to “fill the gap” between Chinese commercial and investment arbitration rules and develop and promote the international investment arbitration practice in China[1].
Continue Reading CIETAC Rules Add to Investment Treaty Practice

By Gonzalo Olivera and Alberto Artés King & Wood Mallesons’ Madrid office.

Description of domestic sector

1. Describe the domestic natural gas sector, including the natural gas production, liquefied natural gas (LNG) storage, pipeline transportation, distribution, commodity sales and trading segments and retail sales and usage.

Spain is a renowned gas importer, with less than 1 per cent of the gas consumed within the country coming from domestic production. Spain received natural gas from 11 different countries in 2015, Algeria being the main supplier (55 per cent) followed by France (13 per cent), Qatar (9 per cent) and Nigeria (8 per cent).
Continue Reading Gas Regulation 2017:Spain

作者：Trish Henry、Melissa Monks和James Gould，金杜律师事务所澳洲办公室。

历经四年的协商和讨论，澳大利亚竞争法重大修正条款于11月6日起正式生效。

2013年9月澳大利亚政府宣布对本国竞争法进行“彻底性”审查，并发布《竞争政策审查报告》（即通常所称的《哈珀竞争政策审查报告》，以审查小组主席伊恩·哈珀命名），由此开启了澳大利亚竞争法改革的进程。《2017年竞争和消费者修正法案（竞争政策审查）》及《2017年竞争和消费者修正法案（滥用市场支配力）》将这一进程推向了高潮。
Continue Reading 期待已久的改变：竞争法修正条款正式生效

By Hannah Glass. King & Wood Mallesons’ Sydney office.

Trust in technology is a balance between accessibility and security.  Accessibility because information must be able to be used by the intended people and security because others should not be able to access it.  Managing these is a delicate balance.
Continue Reading Trust by design: Balancing accessibility and security in blockchain

By Louis Chiam King & Wood Mallesons’Melbourne office.

The Australian energy markets are in a state of turmoil. The regulatory and governance arrangements in electricity and gas that have served us well for two decades are facing a host of challenges. From sudden increases in electricity and gas prices and a spike in unplanned outages, through to the increasing calls for more action on carbon emissions and the rise of disruptive new technologies, it seems pressure is everywhere.
Continue Reading Under Pressure: Regulatory Reform in the Energy Market

By Scott Heezen  King & Wood Mallesons’ Sydney office.

A number of tax concessions are available for Australian investment vehicles that qualify as managed investment trusts (MITs) for tax purposes. These concessions are designed to encourage investment into Australia, particularly Australian real estate, by both resident and non-resident investors.

A trust must satisfy a number of requirements in order for it to qualify as a MIT and access these concessions (download Investing Down Under: A Guide for Global Real Estate Investors in English or Chinese for a list of requirements). 
Continue Reading Tax concessions for Managed Investment Trusts in AU

By Greg Stonefield King & Wood Mallesons’ London office

The European Commission has taken steps to address foreign investments in the EU. While the Commission are proposing a regulation establishing an EU framework to screen foreign direct investments, they will at the same time immediately proceed with the following measures:

作者：Greg Stonefield 金杜律师事务所伦敦办公室

欧盟委员会已采取措施面对外商在欧盟的投资。在提出制定法规以构建用于筛查外国企业直接投资的欧盟框架的同时，委员会将立即采取以下措施：

By Dorothy Murray, Liu Haitao (Harry), Li Ronghui (Sam) King & Wood Mallesons

On 12 September 2017, China signed the Hague Convention on Choice-of-Court Agreements[1] (the “Hague Convention”), joining the EU (including the UK), Singapore, Mexico, the US and the Ukraine[2] in an international framework to promote international trade and investment by encouraging judicial cooperation in the field of jurisdiction and the recognition and enforcement of judgments.

The Hague Convention seeks to replicate for court judgments what the New York Convention of 1958[3] has (largely) achieved for international arbitration awards, allowing a winning party to have its “win” recognised quickly and easily around the world with limited grounds for challenges on enforcement.
Continue Reading China Signs the Hague Choice of Court Convention

By Scott Budd, Shannon Etwell and Philip Pan King & Wood Mallesons

The increased level of financial risk within the major project, property and construction sectors has led to a spate of recent insolvencies. In such insolvencies, we are seeing government, regulators and other stakeholders, particularly subcontractors, taking a more active and aggressive role. For these reasons, it is becoming more important for financiers, owners, principals and contractors to manage counterparty insolvency risk as a key part of their project contingency plans.
Continue Reading IpsoFacto Law Reform and Managing Insolvency Risks