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YKVN corporate partner moves to Tilleke & Gibbins in Vietnam

Southeast Asian regional firm Tilleke & Gibbins has strengthened its corporate and commercial practice in Vietnam, hiring Tram Ngoc Bich Nguyen from Vietnamese law firm YKVN as a partner in Ho Chi Minh City.

Tram, who spent 16 years at YKVN and had been a partner since 2019 based in Ho Chih Minh City, advises clients on domestic and cross-border M&A transactions involving Vietnamese companies engaged in a broad range of business sectors.

She focuses on foreign investment and corporate matters, M&A, real estate, e-commerce, fintech, and data privacy, with expertise in advising foreign and multinational clients on investment in Vietnam, ranging from market-entry stage to expansion, corporate governance, internal rules and regulations, fundraising, restructuring, commercial transactions and employment.

In the real estate sector, Tram has a strong legal background in development, construction, management, operational and lease activities. She also assists multinational corporations in their adherence to local data protection laws and advises on issues such as platform and social network operations, terms and conditions, vendor contracts, e-contracting, cybersecurity, and data privacy.

Tram Ngoc Bich Nguyen

Mori Hamada & Matsumoto – Top Ranking Received

Mori Hamada & Matsumoto and our lawyers are recognized in the practice areas named below in Chambers Global 2021. Our Yangon Office, Bangkok Office (Chandler MHM Limited), Beijing Office, and their lawyers have also received prestigious rankings as shown below.

For more information, please refer to the Chambers’ website.

Mori Hamada & Matsumoto:

JAPAN

  • Banking & Finance: Domestic (Band 1)
  • Capital Markets: Domestic (Band 1)
  • Capital Markets: Domestic: Securitisation & Derivatives (Band 1)
  • Corporate/M&A: Domestic (Band 1)
  • Dispute Resolution: Domestic (Band 1)
  • Intellectual Property: Domestic (Band 2)
  • International & Cross-Border Capabilities (Japanese Firms) (Band 1)
  • International Trade (Band 2)

MYANMAR

  • General Business Law (Band 2)

THAILAND (Chandler MHM Limited)

  • Banking & Finance (Band 2)
  • Corporate/M&A (Band 2)
  • Projects & Energy (Band 1)

Lawyers:

JAPAN

Banking & Finance: Domestic

CHINA

  • Intellectual Property (International Firms)
    Foreign Expertise based abroad in Japan: Yoshifumi Onodera

MYANMAR

THAILAND (Chandler MHM Limited)

Maxwell Chambers Appoints New Chairman

Maxwell Chambers announced today the appointment of Mr. Daryl Chew as the Chairman of the Board of Directors.

Acclaimed as “one of the brightest” and “most highly regarded” partners in the Asia Pacific region by Who’s Who Legal, Mr. Chew brings more than 12 years of experience in international dispute resolution and is the Managing Partner of Shearman & Sterling’s Singapore office. He acts as counsel and arbitrator in arbitrations involving a wide range of applicable laws, arbitral rules and seats, with a focus on construction, energy, mergers and acquisitions, joint venture and general commercial disputes. Mr. Chew is the Co-Chair of the Young SIAC (YSIAC) Committee and also serves on the Singapore Management University School of Law Advisory Board and various other governmental, international and regional arbitration organisations and committees.

“I am honoured by the appointment and privileged to have the opportunity to serve an institution that is not only a lodestar for its counterparts in the region and across the globe, but which also has immense significance to me as a dispute resolution practitioner in Singapore.

Over the past decade, Maxwell Chambers has become an unmistakable feature in the international dispute resolution landscape; it has cemented Singapore’s position as a leading global dispute resolution hub. I am especially grateful to Philip for his leadership over these years, which has seen Maxwell Chambers go from strength to strength.

Maxwell Chambers is now an icon for ADR practitioners both in Singapore and abroad. I personally have vivid memories of the days on end spent in hearings on those premises. But as we navigate a more complex, postpandemic global landscape, where virtual meetings and hearings are more commonplace, I look forward to building on our solid foundations and collaborating with management and the Board to develop a shared vision for the next chapter.

We will remain singularly focused on refining our core offerings to add value and meet the diverse, evolving needs of users in the global ADR community. We are also committed to expanding our global footprint, adopting innovative and transformative technologies and exploiting greater synergies within the unique ecosystem of ADR stakeholders both within and outside of Maxwell Chambers.

This is an exciting time for Maxwell Chambers and the ADR community in Singapore and globally as arbitration continues its steady growth trajectory. We will continue our engagement and collaboration with our partners and stakeholders as we pivot to the future.”

Mr. Chew succeeds Mr Philip Jeyaretnam SC, who was recently appointed as a Supreme Court Judicial Commissioner. Under Mr Jeyaretnam’s leadership, Maxwell Chambers, an integrated alternative dispute resolution complex located in Singapore, has grown into a leading facility providing a range of custom-designed and fully equipped hearing rooms.

Of the 34 legal entities housed in Maxwell Chambers, there are 12 international institutions, of which 6 have case management offices, forming the highest concentration within such a facility in the world. These include the Singapore International Arbitration Centre, the Singapore International Mediation Centre, the International Chamber of Commerce International Court of Arbitration, the Permanent Court of Arbitration, the World Intellectual Property Organisation Arbitration and Mediation Centre, and the American Arbitration Association International Centre for Dispute Resolution.

In 2019, Mr Jeyaretnam championed the expansion at 28 Maxwell Road, Maxwell Chambers Suites, which now houses the local offices of top international ADR institutions, chambers, law firms and ancillary services.

Additionally, in 2020, Maxwell Chambers joined the Arbitration Place of Toronto and Ottawa and London’s International Dispute Resolution Centre to launch the International Arbitration Centre Alliance, a hybrid physical and virtual hearing platform, aimed at addressing distance, time-zone, and other challenges associated with planning and conducting international arbitration hearings in the wake of COVID-19.

Baker McKenzie: Helping Clients Do Business in Japan

W&C Advises on Telecommunication PPP Project in Indonesia

Global law firm White & Case LLP and exclusive Indonesian association law firm Witara Cakra Advocates (WCA) have advised the lenders on the financing of the US$540 million Indonesia Government Multifunction Satellite Public Private Partnership (PPP) Project.

“This exciting project will harness satellite-based connectivity to bring significant social and economic benefits to remote parts of Indonesia,” said White & Case partner Mukund Dhar, who co-led the Firm’s deal team. “It is a unique transaction which demonstrates the cross-border experience and cross practice capabilities our clients rely on us for when financing first-of-their kind major satellites in the telecommunications sector.”

Indonesia’s Ministry of Communication and Informatics (KOMINFO) initiated the Government of Indonesia Multifunctional Satellite PPP Project to provide fast internet access to remote areas in Indonesia, which can be accessed by various government sectors, such as maritime, education, health, agriculture, communication and others. Satellite-based connectivity is the only feasible access technology to cost-effectively address these remote locations.

The Project is being executed by PT Pasifik Satelit Nusantara (PSN), the first private satellite-based telecommunication company in Indonesia, through its subsidiary PT Satelit Nusantara Tiga (SNT).  French aerospace manufacturer Thales Alenia Space is constructing the satellite which will have a capacity of 150 gigabytes/second in the Ka-Band frequency.

“This is the first telecommunication satellite PPP Project in Indonesia and will support the Government of Indonesia’s goal to provide connectivity to more than 149,000 Public Service Points in the country,” said White & Case partner Tom Bartlett, who co-led the Firm’s deal team. “These points will include schools, health centers and local villages, connecting approximately 45 million individuals.”

The financing was provided by a number of financial institutions including the Asian Infrastructure Investment Bank (AIIB), a multilateral financial institution focused on Asia and commercial banks, HSBC, Banco Santander and Korea Development Bank (KDB), and guaranteed by Banque publique d’investissement (Bpifrance), the French Export Credit Agency.

The White & Case and WCA team which advised on the transaction was led by partners Mukund Dhar and Tom Bartlett (both London) and included association partner Fajar Ramadhan (Jakarta), partners Jason Kerr, Swati Tripathi and Ingrid York (all London), partner of counsel Sylvia Chin (New York), counsel David Wright (London) and Fern Han (Houston), and associates Dayle Perles Fattal, Tom Wilkinson, Eduardo Barrachina and Matt Steele (all London), Deborah Victoria and Janet Lim (both Jakarta), Amr Jayousi (Houston), Surya Gopalan (New York) and Berdine Geh (Singapore).

India & Vietnam: Increasing Trade and Investment Relations

The year 2020 marks the 42nd anniversary of India-Vietnam bilateral trade. Vietnam and India have shared strong bilateral relations historically, and for the past two decades, trade between the two countries has risen considerably. These economic ties have materialized into several Indian investments in Vietnam in various sectors.

The enormous volatility in the global trade environment has pushed businesses into diversifying their supply chains away from China, which has increased the importance of the India-Vietnam trade route for international business.

India, which is one of the fastest-growing economies in the world, currently ranks fifth globally in terms of GDP. The ASEAN-India Free Trade Area (AIFTA), which Vietnam is a part of, was established in 2009 as a result of convergence in interests of all parties in advancing their economic ties across the Asia-Pacific.

Vietnam’s manufacturing industry has rapidly emerged as a highly effective location for incoming electronics and telecom manufacturers who are relocating from China due to increased costs and the US-China trade war. The country has bolstered investor confidence with quick and efficient containment of the COVID-19 pandemic. Vietnam is becoming a leading choice for major companies looking to set up their new manufacturing hubs and diversify their supply chains.

India has significant expertise in IT services, pharmaceuticals, and oil & gas, all of which can significantly benefit Vietnam. Additionally, there are export opportunities in zinc, iron, steel, and man-made staple fibers from India to Vietnam.

A large middle class in India’s 1.3 billion population and its customs-duty exemption for ASEAN products make it a lucrative destination for Vietnamese exports. There is a notable scope for the development of services related to wholesale & retail trade, transportation & storage, business support along with trade opportunities in cotton and knitted clothing.

Bilateral trade

Over the past two decades, bilateral trade between Vietnam and India has steadily grown from US$200 million in 2000 to US$12.3 billion in the financial year 2019-2020.

The two countries aimed to raise bilateral trade to US$15 billion by 2020, but COVID-19 related trade disruption resulted in a 9.9 percent trade shrinkage to US$12.3 billion in the last financial year. Vietnam has emerged as the 18th largest trading partner of India, while the latter ranks seventh among Vietnam’s largest trading partners.

Exports from Vietnam to India include mobile phones, electronic components, machinery, computer technology, natural rubber, chemicals, and coffee. On the other hand, its key imports from India include meat and fishery products, corn, steel, pharmaceuticals, cotton, and machinery.

After India announced its decision to opt-out of the Regional Comprehensive Economic Partnership (RCEP), the India-ASEAN FTA is expected to be reviewed to compensate for the potential trade loss.

Foreign direct investment

Vietnam’s strategic location close to existing manufacturing hubs, its favorable position in accessing other Southeast Asian markets, and its proactive approach towards opening its markets to the world has helped it gain popularity as an attractive manufacturing and sourcing location.

The rising importance of Vietnam in global supply chains has the potential to strengthen India-Vietnam ties further. India is estimated to have invested nearly US$2 billion in Vietnam including funds channeled via other countries. Over 200 Indian investment projects in Vietnam are primarily focused on sectors including energy, mineral exploration, agrochemicals, sugar, tea, coffee manufacturing, IT, and auto components. Several major Indian businesses such as Adani Group, Mahindra, chemicals major SRF, and renewables giant Suzlon have shown interest in venturing into Vietnam.

India’s salt to IT conglomerate Tata Coffee recently inaugurated their 5000 MTPA freeze-dried coffee production plant in Binh Duong province of Vietnam last year. This US$50 million coffee facility was commissioned within 19 months of the ground-breaking ceremony.

Another example is HCL Technology Group, which is considering establishing a US$650 million technology center in Vietnam and plans to recruit and train over 10,000 engineers within the next five years.

With the implementation of major infrastructure projects like Tata Power’s Long Phu – II 1320 MW thermal power project worth US$2.2 billion, the investment figures are expected to rise considerably. The thermal power project was first coined in 2013 and was originally expected to be fully operational by 2022, but the revised seventh Power Development Plan (PDP7) indicates an eight-year delay, shifting its launch to 2030.

This delay appears to be due to Vietnam’s shift toward renewable energy. Nevertheless, opportunities remain for Indian investors in the renewable energy industry, specifically in solar and wind due to increased power demand. Reports indicate that the Tata group is in talks of investing further in solar- and wind-power projects.

Opportunities for Indian investors

Vietnam provides several lucrative reasons to invest such as increased access to markets, favorable investment policies, free trade agreements, economic growth, political stability, low labor costs, and a young workforce. As per a Standard Chartered report on trade opportunities, Vietnam’s exports to India have the potential to grow by 10 percent annually, or approximately US$633 million. This projected growth is primarily focused on goods export (53 percent) and services (46 percent).

Pharmaceutical

Vietnam’s domestic pharmaceutical industry is currently able to meet just 53 percent of the country’s demand, representing significant opportunities for Indian investors as India is among the leading global producers of generic medicines supplying 20 percent of total global demand by volume. There is an enormous potential for Vietnam to purchase generic medicines from India, but the former is actively trying to get Indian pharmaceutical companies to manufacture in Vietnam instead of importing.

Agriculture

Vietnam is seeking alternate buyers for its agricultural exports, after the reduction in demand from China due to the pandemic. Lifting India’s trade barriers on the import of agricultural products can open a new market for Vietnamese agricultural exporters. Also, there is a significant potential for investment in breeding technology, irrigation technology, and storage facilities. Vietnam’s topography, climate, and fertile soil make it suitable for coffee plantations. The TATA group has expressed plans of investing in the installation of agricultural machinery to serve demand in the Mekong Delta.

Tourism

The tourism industry in Vietnam is a largely untapped market sector for Indian businesses, which is likely to gain strong traction after the pandemic. The country received over 15.5 million international arrivals in 2018, a seven-fold increase from 2.1 million in 2000. Over 31,400 Vietnamese visited India the same year, a 32 percent increase from the previous year. India is a preferred destination for Vietnamese pilgrims and medical tourists.

India’s low-cost carrier Indigo launched direct flights linking India’s Kolkata with Vietnam’s Hanoi and Ho Chi Minh City in November 2019. Following this launch, Vietnamese low-cost carrier, Vietjet Air started direct flights connecting India’s New Delhi with Hanoi and Ho Chi Minh City. Improved connectivity will help Vietnam in diversifying its tourism portfolio, which currently is largely dependent on Chinese and South Korean tourists.

SMEs

SMEs play a large role in both India’s and Vietnam’s economies. Most recently, India and Vietnam held a promotion conference titled ‘Boosting trade-investment cooperation opportunities between Vietnamese and Indian SMEs’ organized by Vietnam’s Trade Office of the Vietnamese Embassy in India, India’s Uttar Pradesh state government, the Indian Industries Association (IIA), and Vietnam’s Hanoi SME Association. The takeaway was that several major businesses have shown interest in coming to Vietnam.

The IIA noted that Vietnam is looking to attract investment in sectors such as energy, mineral exploration, agriculture, tea, IT, and automobiles. Nevertheless, challenges remain regarding high corporate income tax rates for specific sectors such as oil and gas.

SMEs contribute close to 40 percent of India’s exports but also need government support to thrive. Indian SMEs will have to further internationalize. For example, India’s Tamil Nadu state has a diversified manufacturing industry dominated by SMEs with a number of factories and special economic zones. However, at the moment, SMEs in Tamil Nadu are yet to connect to business opportunities in Vietnam. This is a missed opportunity. As per ADB such businesses can connect through India’s Market Access Initiative and Market Development Assistance schemes to tap into potential businesses and market sectors.

Apart from streamlining regulatory standards between both countries, both governments will also have to hold seminars, events, and trade fairs to ensure that SME are aware of the various opportunities in the relevant market fields.

Supporting industries

Vietnam is an attractive destination to produce and export, thanks to its assortment of free trade agreements with several countries, allowing products to be exported to these countries with attractive low tariffs. There is a need for the development of the local supporting industry to support major manufacturers, and Indian businesses have the potential to fill the gaps in this sector.

Takeaways

With Vietnam’s strong economic growth in the past few years, a review of the India-ASEAN free trade agreement is necessary to foster further trade in promising emerging sectors between both countries. As per Vietnam’s Foreign Investment Agency (FIA), India had almost 300 projects in Vietnam accounting for almost US$900 million as of December 2020.

As pointed out by the Standard Chartered report, there is considerable scope to increase trade between India and Vietnam should both governments take a proactive approach to trade and investment and realize this potential.

 

China – Mergers and Acquisitions

One of the most common ways for a business to gain access to the China market is through acquisition of, or merger with a local company. But Chinese laws that govern foreign acquisition are complex and you may need to bring in a third party to accomplish it. And there’s another consideration, the resulting entity operates differently than a standard business, do it’s important to understand the rules.

That’s why if you are considering a merger or acquisition in China, you need the legal team at IPO Pang. IPO Pang has plenty of experience negotiating and closing mergers and acquisitions, representing either buyers or sellers. Their team has a strong understanding of how to get the job done, the law and the customs must be followed if you want to pull of the transaction on time and on budget.

There are a number of things that can slow or even stop the deal. Poor due diligence, inadequate understanding of regulatory legal and political risks, or underestimating the timetable to complete the deal. IPO can help withs with every aspect of a merger and acquisition from start to finish. They often represent the foreign party on a hybrid structure fee so they share the risk and with skin in the game, they will make sure the deal gets done to your satisfaction.

Whether you want to buy or sell, the best investment you will make is teaming up with IPO Pang.

Read out to them via info@ipopang.com or visit www.ipopang.com, you can also call them.

Article By Peter C. Pang

 

HONG KONG HK

K&L Gates Expands Hong Kong Office With Former Orrick Team

K&L Gates has recruited a team of three partners specializing in an integrated funds and private equity practice.

Sook Young Yeu, Scott Peterman and William Ho all join from Orrick Herrington & Sutcliffe, which has decided to close its Hong Kong office. Yeu and Peterman, both funds specialists, were partners with Orrick while Ho, who advises on private equity transactions, was of counsel with the firm. The trio are joined by two associates at K&L Gates.

Yeu, who led Orrick’s Hong Kong office since joining in 2005 through Orrick’s takeover of legacy Coudert Brothers’ China offices where she had been practicing since 1989. She’s advised Asian investors on investing U.S. and other cross-border funds and on private equity investment.

Peterman has an active fund formation practice advising the structuring of various private, investment and real estate funds. Last year, he advised Hong Kong-based fund manager Pacific Hawk Ltd. on launching the first open-ended fund in the city following legislative change. He joined Orrick in 2017 from Jones Day where he was of counsel. Before that, he was a partner with Sidley Austin.

Ho focuses his practice on advising private equity houses and companies on fund raising transactions, investments and mergers and acquisitions. In May, he advised Taiwan-based live streaming site operator M17 Entertainment Ltd. on a $26.5 million Series D from investors including Singapore-based venture capital fund Vertex Growth Fund. Ho joined Orrick in 2018 from Paul, Weiss, Rifkind, Wharton & Garrison where he was an associate for three years. Earlier in his career, he trained and practiced with Slaughter and May.

The trio bring in-depth industry experience in the technology, media, telecommunications, and fintech sectors, said David Tang, K&L Gates’ Hong Kong-based Asia managing partner, in a statement. “The additions of Sook, Scott, and Will significantly broaden and deepen our funds and private equity practices in Asia,” he said.

Last year, K&L Gates added in Hong Kong capital markets partner Guiping Lu from elite Chinese firm Haiwen & Partners.

Goldman Sachs to pay $3.9B settlement in Malaysia 1MDB corruption case

The Malaysian government announced Friday that Goldman Sachs has agreed to a total settlement of USD $3.9 billion in the 1Malaysia Development Berhad (1MDB) corruption scandal. In return, the government will dissolve all the criminal charges and proceedings against the firm. The agreement includes a $2.5 billion cash payout by the investment bank and a guarantee to return at least $1.4 billion in proceeds from assets seized by authorities all over the world in relation to this scandal.

Goldman had raised $6.5 billion for 1MDB by arranging three bond sales in 2012 and 2013. Malaysian government officials, including former prime minister Najib Razak, had allegedly siphoned money from the state investment fund. Consequently, the Attorney General of Malaysia instituted criminal proceedings against the Goldman Sachs subsidiaries in December 2018.

The US Department of Justice (DOJ) had finalized a settlement agreement with Malaysian authorities in October 2019. The DOJ had recovered $700 million from Low Taek Jho, who was the mastermind behind the scheme. Combining all the agreements, the Malaysian government will now receive over $4.5 billion. Minister of Finance Tengku Dato’ Sri Zafrul Aziz said, “This settlement represents assets that rightfully belong to the Malaysian people. We are confident that we are securing more money from Goldman Sachs compared to previous attempts, which were far below expectations.”

Insight into: Ajay Sahni & Associates

Ajay Sahni & Associates (ASA) is a boutique corporate law practice focused on intellectual property, innovation and technology. The firm was founded in 1983 with the objective of rendering creative, robust and effective strategic legal advice and representational services.

ASA is committed to delivering out-of-the-box, avant garde solutions to complex problems faced by its clients. The team strives to work with its clients as partners, helping them manage risk and navigate challenging legal and business landscapes.

ASA has a very strong disputes and enforcement practice with over 100 reported judgments in leading law journals and reports to its credit. The firm handles large IP portfolios for many Fortune 500 clients (both Indian and international) on the prosecution side. It has various awards and listings to its credit, such as the International Client Choice Award (Trademark), World Trademark Review (Leading firm and individual in enforcement & litigation as well as prosecution & strategy categories), Thomson Reuters Asian Legal Business IP Rankings (Tier 1 firm for Trademark and Copyright, Tier 2 firm for Patent) and Thomson Reuters Asian Legal Business India Rising Stars 2019, among others. Its members serve on various committees and expert groups in international associations, as well as government bodies.

ASA works with a sophisticated artificial intelligence and automation based in-house trademark portfolio management system to manage compliances, monitor threats and alerts for clients. It is also the first law firm in India to offer blockchain-based IP protection services.

ASA is led by its founder Ajay Sahni, who has been practising IP law since 1983 at the Supreme Court, high courts, district courts and tribunal levels across India. He has argued numerous landmark cases, many of which have been reported in leading law reports and journals. His dispute resolution experience covers a wide spectrum of industries, including pharmaceutical, retail, infrastructure, real estate, automotive, finance, fast-moving consumer goods, power, telecommunications, education, chemical and industrial products.

A strong founder

Mr Sahni’s experience is evident in the number of key positions he holds or has held:

  • former vice president at Intellectual Property Attorneys Association, New Delhi;
  • former vice president at Asian Patent Attorneys Association (India Chapter);
  • invited by the Rajya Sabha Secretariat (upper house of the Parliament of India) and examined as an expert witness by the Parliamentary Standing Committee on Commerce in relation to the Trademarks (Amendment) Bill 2007;
  • member on the Advisory Board of The Patents and Trademarks Cases, a leading monthly journal of IP case law in India;
  • regular speaker on IP laws at the Institute of Company Secretaries, the Institute of Chartered Accountants, the Haryana Police Academy and the Export Promotion Council of India; and
  • formerly appointed as a senior panel counsel in the High Court of Delhi for conducting central government cases.

In addition, Mr Sahni has written extensively on the subject of IP law, including as:

  • a revising author of Lal’s Commentary on the Indian Copyright Act, 1957; and
  • a co-author of seven volumes of the book titled Cases and Materials on Trademarks and Allied Laws.

Firm’s key service offerings

Litigation, enforcement and dispute resolution

  • Handling civil, criminal and regulatory cases on infringement of patent, trademark, copyright, design, trade secrets, unfair competition; commercial mediation and arbitration
  • IP dawn raids, enforcement cases and domain name disputes
  • Dispute strategy, risk assessment, drafting of submissions, preparation of documentation, evidence, witnesses

Prosecution, compliance and audit

  • IP prosecution
  • Entry assistance: clearance searches, landscape studies, freedom-to-operate searches
  • IP audits and health checks
  • IP compliance management services
  • Cutting-edge tools based on automation and AI for 360-degree IP monitoring, threat assessment and compliance management services

Transactional

  • Acquisition and commercialisation of IP assets
  • IP valuation
  • Technology transactions and licensing
  • Safeguarding IP assets in mergers, acquisitions and joint ventures Advisory and public policy

Advisory and public policy

  • Anti-counterfeit investigations, forensics and enforcement strategy
  • Customs border protection assistance and strategy
  • Branding, advertising, marketing, packaging and labelling strategies
  • Drug and pharma regulatory filings, representation and support
  • Data protection and privacy
  • Public policy advisory, advocacy and strategic litigation support