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By Mark Schaub and Chen Bing King & Wood Mallesons’ Corporate Securities Group

In recent months there has been great concern, indeed bordering on panic, in some quarters arising from the issuance of  dramatic but vague PRC cross-border e-commerce rules that were issued in April 2016.

However, the PRC authorities have now addressed, at least to some extent, most of the major pressing concerns on 24 May 2016 when the General Administration of Customs of PRC (“PRC Customs”) issued a Circular on Relevant Matters Concerning Implementation of New Supervision Requirements on Cross-border E-commerce Retail Imports (“Circular”).

Continue Reading Exporters of the World Rejoice – PRC Customs issues e-commerce reprieve

作者：金杜律师事务所 King & Wood Mallesons

金杜律师事务所（金杜）今天欢庆新加坡办公室成立一周年。

King & Wood Mallesons (KWM) today celebrates the first anniversary of the launch of its Singapore office.

正式运营以来，金杜迅速在新加坡立足，成为在国际基金、并购、能源与资源以及与中国相关的跨境投资业务方面的领先律所。

Since its opening, KWM has quickly established itself in Singapore as a leading firm for International Funds, M&A, Energy and Resources and China inbound/outbound work.

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kon_s作者：金杜律师事务所 King & Wood Mallesons

6月23日，英国全体选民将决定这个国家在欧洲的未来。选民将决定是保留英国的欧盟成员国地位，还是支持英国退出欧盟，即所谓的“Brexit（英国退欧）”。

On June 23, voters of Britain will decide their country’s future with Europe – whether to remain a EU member or not, e.g., Brexit.

英国退出欧盟，前景将会如何？对此，我们开展了一项独立市场调查，咨询了法国、德国、西班牙和意大利诸多上市公司300位资深公司法律顾问的意见。

We conducted independent market research, surveying 300 senior in-house counsel from listed companies in France, Germany, Spain and Italy to ask how they felt about the prospect of the UK leaving the EU.

如想知道答案，您可以观看2分钟的视频综述，也可以关注“金杜说法”明天推出的《“英国退欧”面面观之欧洲》独家报道。

To get answers, watch the 2 minute video summary or read our exclusive report Brexit: The View From Europe tomorrow.

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couter_rdolan_tBy Rachel Couter and Olivia Short King & Wood Mallesons’ dispute resolution and contentious regulatory group

On 14 April 2016, the Financial Conduct Authority (FCA) and the Prudential Regulatory Authority (PRA) published their consultation paper proposing various changes to the enforcement process in response to the following three publications:

  1. HM Treasury’s “review of enforcement decision-making at the financial services regulators”, dated 18 December 2014;
  2. the PRA’s and FCA’s joint report, “the failure of HBOS”, dated 19 November 2015; and
  3. Andrew Green QC’s “report into the FSA’s enforcement actions following the failure of HBOS”, dated 19 November 2015.

The suggested reforms are underlined with a desire to increase the level of transparency and efficiency for those subject to the enforcement process. Comments have been requested by 14 July 2016.  The main proposed substantive changes relate to the settlement process and the ability to “leapfrog” the Regulatory Decisions Committee (RDC) and refer the matter straight to the Upper Tribunal.  These are considered in more detail below, together with proposals to increase transparency within enforcement proceedings, but there are further proposals to improve the referral process as well as to increase cooperation between the two regulators when the same matter is of relevance to both.

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作者：胡喆  陈府申 金杜律师事务所金融资本部

资胡喆产证券化独树一帜地降低融资成本，优化资本结构功能与资金需求量大，与重资产情形普遍的房地产行业有着天然的结合优势。随着中国资产证券化市场的 蓬勃发展，除了传统的CMBS/RMBS/REITs等交易外，包括“购房尾款资产证券化”、“物业管理收入资产证券化”等创新资产证券化交易也在蓬勃兴 起。 Continue Reading 图解丨房地产资产证券化创新模式实务操作要点

By Xu Xiaodan and Yang Yi King & Wood Mallesons’ Commercial & Regulatory Group

Axu_xiaodanccording to Article 17 of the Labor Contract Law, clause related to location of work is an essential clause in an employment contract entered into by and between an employer and an employee. Such a clause in employment contract, in general, often is explicit and specific and stipulating a city as the location of work is usually seen. Due to the needs of business development and characteristics of employees’ jobs, however, in some companies, working in several cities is required and such companies may stipulate a nationwide work location with their employees in the employment contract. Some companies are hoping that they could change their employees’ working city or district without going through negotiation and obtaining employees’ consent in the future with the work location clause, so that they could achieve their aims of changing employees’ workplace unilaterally.

As per analysis of cases in Beijing, Shanghai, Guangdong, it should be noted that courts have different opinions on the nationwide work location clause. Please see the following cases from the courts of Beijing, Shanghai, Guangdong or Shenzhen and the abstracted key points thereof.

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作者：徐晓丹 杨毅 金杜律师事务所商务合规部

根xu_xiaodan据《劳动合同法》第十七条规定，工作地点是公司与员工签订的劳动合同中的必备条款。一般而言，双方对于工作地点的约定较为明确、具体，最常见的是约定某个城市为工作地点。但是，在实践中，一些公司由于自身经营需要以及员工岗位特点，会需要员工在多个城市履行工作职责，并与员工在劳动合同中将工作地点约定为“全国”。个别公司希望，通过这种约定，在未来变更员工所工作的城市或地区时，无需与员工协商并取得员工的同意，从而实现单方变更员工工作地点的目的。

根据我们对北京、上海、广东三地的案例检索，我们注意到，各地法院对于将工作地点约定为全国的条款的看法并不一致。请看下文具体案例中三地法院对该问题的态度及裁判要点。

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By Tim Taylor QC King & Wood Mallesons’ Dubai Office

Itaylor_tn March 2015 the Government of India issued its draft model text for the Indian Bilateral Investment Treaty (the “Draft BIT”) for public comment. Following various amendments, on 28 December 2015, the revised, and final, version of the model BIT (the “Model BIT”) was released.[1] This is expected to provide greater protection to foreign investors in India, and to Indian investors in foreign countries, whilst maintaining a balance between the investors’ rights and the Government’s obligations. The Government of India also announced that the Model BIT will be used for the re-negotiation of existing BITs and negotiation of future BITs and investment chapters in Comprehensive Economic Cooperation Agreements, Comprehensive Economic Partnership Agreements and Free Trade Agreements (“FTAs”).

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作者：Tim Taylor QC 金杜律师事务所迪拜办公室

2taylor_t015年3月，印度政府公布了印度双边投资协定（BIT）范本草案（BIT草案），征询公众意见。经过一系列修订，2015年12月28日，公布了经修改的最终版BIT范本（BIT范本）[1]。此举旨在为国内的外国投资者和国外的印度投资者提供更大的保护，同时保持投资者权利和政府义务之间的平衡。同时印度政府宣布BIT范本将用于现有BIT的重新谈判，未来BIT的谈判，以及综合经济合作协议、综合经济合伙协议和自由贸易协议（FTA）中投资篇章的谈判。

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By Tim Taylor QC  Chiz Nwokonkor  King & Wood Mallesons

Ftaylor_trom Abidjan to Tunis, arbitration centres are on the rise in Africa. This upward trend has mirrored the growth and gradual diversification of many African economies. The growth can be seen to be driven along sector lines, with the vast majority of disputes coming before such institutions emanating from the telecoms, infrastructure and energy sectors. Clear leaders in this space are the Kigali International Arbitration Centre which, in just over two years, has heard around 30 cases, several of which were international disputes, and the Mauritius International Arbitration Centre which, wisely connecting itself to the LCIA, has the support and credibility to become an arbitration platform for the entire continent.  We focus here on two recent initiatives in Nigeria and Djibouti that are emblematic of the next generation of African arbitration centres.

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