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  • Catherine Tsang The new year marked a new start for a number of lawyers in Hong Kong. MAYER BROWN JSM, looking to build on its recent association with PRC firm Jingtian & Gongcheng, added a new partner in the special administrative region. Nicholas Chan – an expert on Hong Kong's IPO market – joined from Sidley Austin where he was a partner in its corporate finance group. WHITE & CASE also hired in Hong Kong, adding partner Catherine Tsang from Paul Hastings to strengthen its corporate and capital markets capabilities. ASHURST brought in partner Joshua Cole from King & Wood Mallesons to focus on Asian M&A; and UK firm INCE & CO added Balbir Bindra from CEC North Star Energy to reinforce its Asia transactional practice. Also in Hong Kong, OLSWANG established a non-exclusive association with local firm HALDANES to expand its media advisory, regulatory and transactional expertise.
  • Further regulatory guidance is needed to unleash China’s new market. In the meantime, counsel are busy speculating over its biggest driving force to-date
  • What underpins any FMI reforms Financial regulators in Asia have called for the need to establish common regulatory infrastructure for the region's capital markets, rather than simply importing western regulatory regimes.
  • Daw Khin Cho Kyi Daw Thaw Dar Sein Until July 2013, although Myanmar was a party to the Geneva Protocol on Arbitration Clauses of 1923, it was not a party to the International Centre for Settlement of Investment Disputes Convention (the ICSID Convention) or to other international conventions relating to arbitration. Myanmar deposited its instrument of accession without reservation to become a contracting state of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which became effective on July 15 2013.
  • Julian M Hashim Yishan Yong More parties are opting to include service of notices in agreements by way of email because it is expeditious and convenient. However, there are implications of using email as a method of service that may not be obvious.
  • Bracewell & Giuliani’s Alastair Young, Darren Spalding and Paige Bennett explain why the pro-freedom of contract interpretation is at odds with the judiciary in Australia and the US
  • Struggling debtors have been testing the countries' new restructuring regimes. Paul Hastings’ Joy Gallup explains how debtor-in-possession funding is their favoured tool
  • Daniel Futej Rudolf Sivák In order to increase consumer protection in the Slovak Republic, several acts relating to bills of exchange have recently been amended. However, these changes do not only concern consumers. Amendments were passed because bills of exchange – and the strict fulfillment of their obligations – are easy to abuse. Sadly this abuse does occur, particularly in dealings with consumers.
  • Till Spillmann Adrian Koller Pursuant to a decision of the Swiss Federal Supreme Court rendered in October 2014, up-stream loans extended by a Swiss company must be entered into on arm's length terms. If they are not provided on arm's length terms, up-stream loans may constitute de facto distributions and, therefore, may only be granted for an amount not exceeding the lender's freely distributable reserves. In addition, the court held that, as a result, the lender's ability for future dividend distributions is reduced by an amount corresponding to the loan amount. The court also imposed stringent requirements that needed to be met to satisfy the arm's length test. According to the view of most legal scholars, this decision constitutes a change in practice. It has raised a number of queries both at Swiss companies and among practitioners and scholars in Switzerland.
  • The continent’s bond markets have matured rapidly over the past three years. Here, White & Case lawyers' set-out why hybrid-style instruments could be their next incarnation