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By King & Wood Malleson

On December 7 2017, the international authoritative rating agency of law Chambers Asia Pacific Guide 2018 announced that King & Wood Mallesons (KWM) was ranked as a Leading Firm in 28 practice areas, and 53 KWM partners were recognized as leading individuals in their respective areas of practice, whose remarkable overall performance topping in the China’s legal market ranking. Of the 28 categories assessed, KWM was ranked as a Band 1 firm in 19 practice areas, striking itself a new record in Chambers Asia-Pacific ranking, which showcases KWM’s position as a long-term leader in China’s competitive legal services industry.  KWM’s 53 named Leading Lawyers, as best of the best in China’s legal market ranging across all the generations and practice areas, pioneer their peers with innovation and industrial influence.
Continue Reading 2018 Chambers Asia Pacific Guide: With 28 top bands of practice and 49 leading lawyers been ranked, King & Wood Mallesons Scores itself a leading law firm for another year in China Market

By Martyn Huckerby and Intan Eow King & Wood Mallesons’ Corporate & Securities group

In our previous publication, we posed questions that directors should ask about their business in China to manage risks. Now, we turn our attention to the investment opportunities that lie ahead, following the 19th National Congress of the Communist Party of China (CPC) and the meeting between Chinese President Xi Jinping and US President Donald Trump. 
Continue Reading China’s New Era: How directors should be responding

By Liu Ting and Zhang Yuanhao King & Wood Mallesons‘ Commercial & Regulatory group

After 24 years, the Law of the People’s Republic of China against Unfair Competition (hereinafter referred to as “Anti-Unfair Competition Law”) was finally ushered into a new chapter. On November 4, 2017, the new Anti-Unfair Competition Law was passed by the NPC Standing Committee and released on the same day. It will be effective on January 1, 2018. Among all the highlights in the latest law, the new regulation on operators’ commercial bribery is one of the most eye-catching changes. Apart from paragraph 1 of Article 7, which limits the scope of bribery, paragraph 3 of Article 7 also includes the condition that an operator is defined as not constituting commercial bribery, that is, “The bribery committed by an employee of a business operator shall be deemed as conducted by the business operator, unless otherwise evidence given by the operator shows that such bribery is not related to seeking a business opportunity or gaining competitive advantage for the business operator.” This provides one possibility for operators to reasonably be exempted from the administrative or even criminal legal liability for commercial bribery.
Continue Reading Anti-bribery Management System: Exploring the Legal Application of Operator’s Exemption from Commercial Bribery Liability

By Xu Xiaodan, Li Hongchuan King & Wood Mallesons’ Commercial & Regulatory group

A Troublesome Case for Arbitrator Zhang

For arbitrator Zhang, it has been a while since he encountered a troublesome employment dispute case last time.

“Do not be led by thoughts of the parties involved. Try to dig out the nature of dispute by yourself”, says arbitrator Zhang, to educate the young people who just join the Arbitration Commission. But in the case that this article is about to discuss, it seems that he is still having trouble making a ruling decisively.
Continue Reading Travelling Abroad During Sick Leave: Are You Kidding Me?

By Edmund Wan and Alex Ma  King & Wood Mallesons’ Hong Kong office.

The 21st century can arguably be described as an era of collaboration and cooperation.  A tear-down of a smartphone or personal computer for example would reveal that its components are sourced and manufactured in multiple countries. These parts are then assembled into the final product and sold worldwide. This is international business at its absolute finest. 
Continue Reading Singapore Arb-Med-Arb clause – A viable alternative?

By Yang Hua King & Wood Mallesons’ IP group

To increase the quality and efficiency of trademark examinations, China Trademark Office has recently introduced new facilitation measures and plans for trademark registration, including:

  • implementing electronic issuance of documents
  • speeding up the examination process
  • reducing the time allowed to oppose or provide supplementary evidence
  • introducing the obligation to provide proofs of use after registration.

Continue Reading New Facilitation Measures for Trademark Registration

By Trish Henry, Melissa Monks and James Gould King & Wood Mallesons’ Sydney office

After four years of consultation and debate, some of the most significant reforms to Australia’s competition laws have come into effect on 6 November.

The reforms, introduced by the Competition and Consumer Amendment (Competition Policy Review) Act 2017 and the inter-related Competition and Consumer Amendment (Misuse of Market Power) Act 2017, are the culmination of a process that began in September 2013, with the government’s announcement of a ‘root and branch’ review of Australia’s competition laws which resulted in the Competition Policy Review, commonly known as the Harper Review after its chair, Professor Ian Harper. 
Continue Reading Australian Competition Law Reform Now in Force

By Wang Kaiding, Huang Mengting and Tang Xinran King & Wood Mallesons’ Corporate & Securities group

The Department of Foreign Capital and Overseas Investment of National Development and Reform Commission (“NDRC”) released the new Administrative Measures for Overseas Investment (draft for public comment) (“New Measures”) and drafting instructions on their official website[1] on 3 November, 2017. This consultation period, during which the public can give their opinion, ends on 3 December 2017.
Continue Reading Significant Changes in Overseas Investment Administration

By Martyn Huckerby and Intan Eow King & Wood Mallesons‘ Shanghai office.

In our previous publication, we posed questions that directors should ask about their business in China to manage risks. Now, we turn our attention to the investment opportunities that lie ahead, following the 19th National Congress of the Communist Party of China (CPC) and the meeting between Chinese President Xi Jinping and US President Donald Trump.
Continue Reading China’s New Era: How Directors should be Responding