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During a crisis, the legal expectation is ‘deals down – disputes and restructuring up’. While this may be the case in the months to come, courts and arbitration centres across the UAE are first and foremost trying to utilise technology to ensure dispute resolution continues to function within our new work from home (WFH) reality.
Continue Reading The pandemic’s potential impact on disputes

A corporate issuer of outstanding debt securities may from time to time seek to purchase the relevant debt securities in the open market or through privately negotiated transactions to reduce their principal amount outstanding. This is a popular liability management method, particularly when the relevant securities are trading in the open market at a price below the nominal value of their principal amount.
Continue Reading Offshore Bond Repurchases: What Issuers Need To Know?

US patent law gives a patent owner the right to exclude others from making, using, offering to sell, selling, or importing into the US the patented invention for a limited period of time.  To enforce its rights, a patent owner may bring a patent infringement claim against an alleged infringer in US federal district court or, if the claim involves the importation of allegedly infringing goods, before the US International Trade Commission (ITC).  If a patent is found to be valid, enforceable, and infringed in a district court action, the patent owner is entitled to monetary damages of not less than a reasonable royalty and may be able to obtain an injunction preventing further infringement.  A patent owner who prevails in an ITC action can seek to exclude the importation of infringing articles.
Continue Reading US Patent Litigation

Since the enforcement of the Anti-Monopoly Law of the People’s Republic of China (“AML”) in 2008, there are many related administrative law enforcement and judicial cases occurred. From 2016 to 2018, according to public information statistics, China’s AML enforcement agencies investigated and handled 334 monopoly cases, including 287 cases of horizontal monopoly agreements, 12 cases of vertical monopoly agreements, and 35 cases of abuse of dominant market positions. There were 1,207 cases of concentrators. In 2019 alone, China’s AML enforcement agencies investigated and dealt with 38 cases of various monopoly acts, and concluded 432 cases of concentration. On the basis of a large number of decisional experiences, the State Administration of Market Supervision (“SAMR”) made a big stride in the new year of 2020 and publicly released the Anti-Monopoly Law Revised Draft for Public Comments (“Draft for Comments”). …
Continue Reading Potential Impacts of the Proposed Anti-monopoly Law Amendments

Generally speaking, transgenic technologies refer to use of DNA recombination, transformation and other technologies to transfer specific exogenous target genes to the recipient organism, so as to achieve predictable and directional genetic changes. At present, transgenic technologies have been widely used in many fields such as industrial, agricultural, fishery, animal husbandry, medical, environmental protection, etc.
Continue Reading A Regulatory Review of Genetically Modified Organisms in China

On April 16, 2020 the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has issued consolidated guidance related to the Provision of Humanitarian Assistance and Trade to Combat COVID-19 on OFAC-administered sanctions programs related to Iran, Venezuela, North Korea, Syria, Cuba, and Ukraine/Russia. OFAC sanctions apply to U.S. persons[1] and transactions involving the U.S. financial system. In addition, certain sanctions programs authorize secondary sanctions that may apply to non-U.S. persons for conduct with no jurisdictional nexus to the United States.
Continue Reading Guidance on Provision of Humanitarian Assistance and Trade

Editor’s Note: As enterprises are increasingly engaged in international trade and investment, international arbitration is recognized as the preferred option in the face of cross-border disputes. However, international arbitration, which differs from domestic arbitration with complex procedures, often put parties unfamiliar with its rules at an inherent disadvantage. King & Wood Mallesons’ international arbitration teams are located in Beijing, Shanghai, Shenzhen, Hong Kong Special Administrative Region of China, Sydney, Melbourne, Perth, London, Madrid, Brussels, Dubai, Tokyo, New York and Silicon Valley. KWM International Arbitration Fundamentals is co-hosted by King & Wood Mallesons’ China and Australia international arbitration teams. The purpose of the program is to share knowledge and experience on international arbitration, including international commercial arbitration and investment arbitration, from the perspective of experienced lawyers. Hopefully it will benefit parties engaged in international arbitration. Please comment with any suggestions or ideas.
Continue Reading IA Fundamentals | 5. International Arbitration Agreement (II)

With COVID-19 causing ever increasing financial uncertainty around the globe, we thought it an apt time to provide you with a summary of the various corporate insolvency procedures in the UK applicable to companies facing financial difficulties. Taking each in turn, we will discuss administration, administrative receivership, company voluntary arrangements, schemes of arrangement and liquidation. We will also touch briefly on directors’ duties, rules relating to asset distribution on insolvency and transactions that may be set aside on insolvency or ‘reviewable’ transactions.
Continue Reading Insolvency & Insolvency Procedures in the UK – Revisit