By Malcolm Brennan, Paul Schroder, Jin Xiong and Michael Ting King & Wood Mallesons
T
he Foreign Acquisitions and Takeovers Legislation Amendment Bill 2015 (“FATLA Bill”) is currently before the Australian Senate as part of a package of reforms to Australia’s foreign investment framework set to be introduced on 1 December
By Justin Lo, Alan Zhang and Alice Leung, King & Wood Mallesons’ Hong Kong Office
The growth in cross-border investment has led to more complex relationships between commercial parties, particularly where foreign elements are involved. Commercial parties are increasingly choosing international arbitration as the means to resolve their disputes.
For parties considering arbitration in the Asia Pacific Region, Hong Kong is an attractive arbitral venue for a number of reasons.
Independent and robust legal system
Hong Kong’s legal system is based on the rule of law, independence of the judiciary and preserves the common law. The World Economic Forum Global Competitiveness Report for 2013 and 2014 ranked Hong Kong number four in terms of judicial independence out of 148 jurisdictions, ahead of the UK, the US, Singapore and many members states of the European Union.
Hong Kong’s legal professionals are fully experienced and capable of providing clients with diversified professional legal advice and related services. Arbitrators in Hong Kong are regarded as independent and highly experienced in dealing with cross border commercial disputes. As such, Hong Kong is seen as a more attractive arbitration hub for domestic and foreign parties to resolve their disputes.
Continue Reading Why should parties consider Hong Kong as an arbitral venue?
By Stuart Fuller Paul Schroder, King & Wood Mallesons’ s Sydney Office
Today the China Australia Free Trade Agreement (ChAFTA) was signed and tabled in the Australian Parliament following a decade of negotiations and seven months of document review and finalisation. Good things come to those who wait (and persevere). This historic milestone will boost trade and economic growth in both countries for years to come.
The formal agreement and ancillary arrangements are consistent with the summary material released by DFAT in November. The key issues are now well-traversed: investment protections and facilitation, reduction or removal of tariffs, and increased access for services businesses. We’re excited about this historic next chapter in the Australia-China relationship and we think you should be too. We’ve spent the past seven months thinking about and engaging with our clients on what this means for them. We set out below some headline thoughts on where the biggest opportunities are.
Read full article, please click here.Continue Reading ChAFTA is here – are you ready?
