INTERACTIVE EDITIONIn this issue ...
India's Phoenix Legal reports on the Bharat
Aluminium case
Piercing the corporate veil in Qatar
Developments in the GlaxoSmithKline
bribery allegations in China
Investigative Intelligence: Contract Audits
and the new norm

MAGAZINE FOR THE IN-HOUSE COMMUNITY ALONG THE NEW SILK ROAD lVolume 11 Issue 5, 2013www. inhousecommunity .com

Feature contributors
Aparna Assomull Bundro – Managing Editor
aparna.bundro@inhousecommunity.com
Rebecca Brookes – Contributing Writer
Brian Chun ­– Design Manager
brian.chun@inhousecommunity.com

Abhishek Bhalla is a senior associate based in the Delhi office of Phoenix Legal. He advises
foreign investors and multinational corporations on a wide array of legal issues relating to joint
venture agreements, regulations governing external commercial borrowings, foreign direct investment policy, company and employment law.

Wendy Chan ­– Regional Head of Events
wendy.chan@inhousecommunity.com

Manjula Chawla is a senior partner at Phoenix Legal. She has over 20 years of experience in

Gigi Ma – Events Manager
gigi.ma@inhousecommunity.com

mercial transactions.

the fields of foreign investment, takeovers, M&A, joint ventures, outsourcing and other com-

Yvette Tan – Community Development Manager
yvette.tan@inhousecommunity.com

Kripi Kathuria is an associate in the Delhi office of Phoenix Legal. She focusses primarily on

Crystal Kwan – Admin & Events Coordinator
crystal.kwan@inhousecommunity.com

including issues relating to labour and employment law, real estate, food and beverage andcorporate investments, M&A, legal and regulatory compliance and general corporate mattersexchange control laws.

Tim Gilkison – Managing Director
tim.gilkison@inhousecommunity.com

William Rosoff is the partner in charge of Akin Gump’s Beijing office. His practice focusses on

Patrick Dransfield ­– Publishing Director
patrick.dransfield@inhousecommunity.com

of mergers, hostile takeovers, cross-border acquisitions and joint ventures. He also advises on

Arun Mistry – Director& McLennan Companies and of RJR Nabisco. He is a director of SPARTA Insurance Company,

Editorial Enquiries
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M&A, general corporate and China related matters, advising on the structuring and negotiation
infrastructure projects. Rosoff was formerly senior vice president and general counsel of Marsha member of the Chartered Institute of Arbitrators and is on the General Counsel Panel ofDistinguished Neutrals of the International Institute for Conflict Prevention and Resolution (CPR).
Yuanming Wang is a Senior Counsel with Akin Gump in Beijing and was formerly a prosecutor
in the PRC Supreme People’s Procuratorate. She has extensive experience in Chinese intellectual
property, employment and anti-bribery laws as well as Customs affairs and in advising international companies on various regulatory issues in their daily operations in China.

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About the IN-HOUSE COMMUNITY

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In this issue
Volume 11 Issue 5, 2013

Special Report:
Representing Corporate Asia
& Middle East Survey 201321

22 Representing Corporate Asia & Middle East Survey
Asian-mena Counsel’s 7th annual survey, which remains the largest and most objective survey of its kind,
contains the views and concerns of the In-House Community as they weigh in on, amongst other things, thefactors which influence their selection of external counsel.
51 Asian-mena Counsel’s In-House Community Firms of the Year 2013
A run-down of the winning firms from around the ASIAN-MENA region as voted for by the In-House
Community. The list comprises the winners and honourable mentions broken down by jurisdiction and sector.
62 Responding to change
Asian-mena Counsel talks to the Managing Partners of some of the firms which won this year’s accolade formost responsive firm of the year, as voted for by the In-House Community. Read on to find out how thesefirms managed to outpace their peers, as well as the ways in which they are striving to meet the changes
brought about by a shifting legal panorama.

4

18

The Briefing
Review a round-up of the latest moves and deals making headlines around theregion and take a look at our Deal of the Month.
Itching for a change? Take a look at our in-house opportunities from top
recruiters along the New Silk Road.

18 Investigative Intelligence: Contract audits – the new norm
Peter Glanville of Kroll discusses the value of undertaking a contract audit.

19

2 ASIAN-MENA COUNSEL

19 Ear to the Ground: Recent Developments in Chinese Anti-Bribe-giving
laws and enforcement
William Rosoff, corporate partner and partner in charge, Akin Gump, Beijing
and Yuanming Wang, Senior Counsel with Akin Gump and formerly aprosecutor in the Civil and Administrative Procuratorate Department of theSupreme Procuratorate of China take us through some of the developmentsin the bribery arena in China, in the aftermath of the GlaxoSmithKline
bribery allegations.

www.inhousecommunity.com

Special Feature
67 Making a Case for change in foreign arbitrations
Manjula Chawla, Abhishek Bhalla and Kripi Kathuria of Phoenix Legal examine
the impact of India’s Bharat Aluminium case on foreign arbitrations.
70 JURISDICTION UPDATESKey legal developments affecting the In-House Community along the
New Silk Road67

New import rules for cell phones in Indonesia
By Christina Natalia Soela of SSEK
Lifting or piercing the corporate veil
By David Salt and Louise Verrinder of Clyde & Co
Saudi Arabia visa amnesty update
By Sara Khoja and Antonio Michaelides of Clyde & Co

71

Working with ‘Inter Partes Review’
By Sungho Hong of Lee International
Study reveals Middle East M&A and JV trends
By Philip O’Riordan and John O’Connor of Clyde & Co
Development trends in the regulation on goods distribution andtrading activities conducted by foreign traders
By Bui Minh Hoang of Indochine Counsel

75

76 Asian-mena Counsel Direct
Important contact details at your fingertips.

Asian-mena Counsel is grateful for the continued editorial contributions of:Volume 11 Issue 5, 2013

3

The Briefing
MOVES

The latest legal appointments around Asia and the Middle East.
AUSTRALIA
K&L Gates has added Edward Nixey
and Glenn Hughes to the firm’s Sydney
office as partners in the corporate andtransactional practice. They join from
Ashurst and Henry Davis York, respectively. Nixey advises domestic and international clients on public/private M&A,
equity capital markets, and securities
regulation. He has extensive experience Edward Nixey
in a range of transactions, particularlyin the resources and infrastructure sectors, including takeovers, schemes ofarrangement, private treaty acquisitions
and disposals, capital raisings, joint ventures, and private equity investments.
Nixey represents foreign investors,
ASX-listed entities, and private equity
managers, as well as receivers, managers, and administrators, whilst Hughes Glenn Hughes
concentrates his practice on M&A witha particular focus on private equity. He has advised on numerous
buy and sell side M&A deals, equity capital raisings, joint ventures,and restructuring transactions.
Clayton Utz has appointed David
Ephraums as a partner in the firm's
superannuation practice. He began his
career in private practice and has over
25 years' experience in the financial
services sector, including senior in-house
legal roles with BT Financial Group, UBS
Global Asset Management and AMP.
His legal and industry experience spans
David Ephraums
financial services, funds management,
superannuation, life insurance, portfolio services, financial advice
and distribution, and retail banking, including advice on governance and compliance issues.
HONG KONG
Bryan Cave has expanded its Hong Kong presence with theappointment of Nigel Binnersley and Kristi Swartz as partners.
Binnersley will practice with the firm’s commercial litigation client
service group whilst Swartz will practice with the transactions
client service group. Binnersley acts both in litigation and commercial matters, with an emphasis on international trade andcarriage disputes involving commercial litigation in the courts andarbitration/mediation, conflict of law disputes, maritime, insurance, and asset finance. On the commercial side, he advises on
joint ventures, foreign direct investment, setting up businesses in

4 ASIAN-MENA COUNSELHong Kong and China, shareholders’ agreements, employment
advice, personal injury defence and claims work, and asset saleand purchase. Swartz specialises in M&A and private equity, as
well as public companies and capital formation. She has a particular focus in corporate finance, Securities & Futures Commissionof Hong Kong enquiries, licensing and enforcement, restructuring,
joint ventures and HKSE enquiries.
Minter Ellison Hong Kong has
appointed Christian Pellone as a partner to spearhead the development of
the firm's tax capability in the region.
Pellone is a 20-year international tax
veteran who has lived and worked inAustralia, Hong Kong, the UK, Indonesia, and mainland China. He was formerly the global tax desk leader for Asia
Christian Pellone
Pacific at Ernst & Young and has advised
many multinational companies on tax-effective structuring andrisk management in the Asia Pacific region. He also spent three
years as the European tax director for a Fortune 300 company.
Pellone offers clients a mix of professional tax advisory experience
as well as a practical understanding of the issues, challenges andneeds of in-house tax departments. He has particular expertisein double tax treaty application and interpretation, and has liaised
and worked with the OECD and leading European QCs on
treaty-related matters.
Simmons & Simmons has expanded its asset management andinvestment funds group with the appointment of Gaven Cheongas partner. He commenced at the firm on August 19, 2013 andhe will be based in the firm’s Hong Kong office. Cheong focusses
on investment funds and regulatory work, and he has acted for anumber of international investors on cross-border and domestictransactions. He joins from Sidley Austin (Hong Kong), where he
was counsel covering investment funds and litigation. Prior to thisrole, he was a solicitor at the Hong Kong offices of both Clifford
Chance and Herbert Smith.
Howse Williams Bowers has expanded its practice with theaddition of banking and finance partner Jonathan Silver who joins from
Norton Rose Fulbright’s Hong Kong
office. He has specific experience in ship
finance, project finance, aircraft finance,
acquisition finance, structured trade andcommodity finance and general banking.
Silver works with major European, HK,
PRC, US and other international banks,
Asia-based export credit agencies, finan- Jonathan Silver

www.inhousecommunity.com

Global  Compliance  Manager  (10+  PQE),  Singapore

ISDA  Team  Leader  (4+  PQE),  Singapore

Rare   opportunity   for   a   compliance   specialist   to   join   a   renowned  technology  company.    Based  in  Singapore,  this  is  an  exciting  role  where  the  successful  candidate  will  work  on  matters  in  any  country  across   the   globe   with   primary   responsibility   for   compliance   in   SE  Asia  and  the  PRC.    The  candidate  will  be  responsible  for  detecting  and  investigating  potential  breaches,  and  making  recommendations  to  ensure  future  compliance.  Within  Asia,  the  candidate  will  deliver  training  to  local  employees  and  management  on  both  regulatory  and  internal  governance  guidelines  and  practice.    Familiarity  with  UKBA  and   FCPA,   anti   trust,   bribery   and   corruption   a   must,   as   is   a  willingness  to  travel.  Fluent  Mandarin  would  be  ideal  and  proficiency  in  Bahasa  an  added  advantage.  [A9938]

Newly   created   role!   Join   a   global   bank   as   the   team   leader   of   its  Singapore   documentations   team.   You   will   be   responsible   for   the  preparation,   negotiation   and   execution   of   all   traded   markets  documentation   (including   ISDA   Master  Agreement,   Credit   Support  Annex,  IFEMA,  GMRA,  GMSLA,  FX  Master  Agreement)  with  clients  across  APAC.  You  will  also  manage  the  day-­to-­day  operation  of  a  team   of   documentation   negotiators.   The   ideal   candidate   should  have   strong   technical   knowledge   and   good   experience   in   ISDA  negotiations   and   derivative   products.   Some   management  experience   is   preferred.   An   exciting   opportunity   for   a   mid-­level  lawyer!  [A10214]

Senior  Counsel  (10+  PQE),  Singapore
Energy   company   seeks   a   lawyer   with   no   less   than   10   years  experience,  gained  in  private  practice  or  in-­house  in  Singapore.    The  successful  candidate  will  be  part  of  a  regional  legal  team,  supporting  primarily   downstream   activity   including   marketing   and   production.  
The   ideal   candidate   would   be   someone   with   experience   in   the  energy  and/or  projects  sector.  The  role  requires  a  mature  individual  with   the   ability   to   understand   and   manage   commercial   as   well   as  regulatory   considerations.      This   is   a   unique   opportunity   to   join   a  world   class   organisation   which   offers   ample   training   and  professional  development  for  its  employees.  [A8853]

Investigations  Counsel  (10+  PQE),  Singapore
Healthcare   giant   is   recruiting   a   senior   investigations   counsel   to  manage  internal  investigations  of  potential  violations  by  employees  and   business   partners   of   relevant   legislation   and   internal   policies  and   provide   anti-­corruption,   enforcement   and   healthcare  compliance  advice.  You  should  have  strong  experience  in  litigation  and   in   conducting   complex   and   sensitive   internal   investigations.  
Based  in  Singapore,  the  role  will  involve  significant  travel  throughout  APAC.  [A9937]

Legal  Counsel  (10+  PQE),  Singapore
A  globally-­ranked  educational  institute  seeks  a  lawyer  with  at  least  10  years  PQE  to  join  them  in  a  role  based  in  Singapore.  The  ideal  candidate  should  have  a  strong  corporate  commercial  background,  and   experience   in   intellectual   property   issues   would   be  advantageous.   Candidates   should   be   able   to   work   independently,  and   possess   strong   communication   and   interpersonal   skills.  
Candidates   called   to   the   Singapore   Bar   are   strongly   preferred.  
[A3211]

Specialist  Company  Secretariat  (5+  PQE),  Singapore
Our  client,  a  blue  chip  Fortune  500  company  is  looking  to  hire  a  mid  to   senior   level   resource   to   manage   their   company   secretariat  services  on  a  project  basis  spanning  two  years.  Working  closely  with  key   leaders   in   the   business,   responsibilities   include   handling   a  range   of   corporate   secretarial   matters   including   completing   and  lodging   statutory   forms,   arranging   board   meetings,   circulating  resolutions   and   documents   and   maintaining   corporate   secretarial  records.  Strong  corporate  secretarial  experience  gained  in  an  MNC  or  top  tier  law  firm.  Candidates  with  ICSA  qualifications  preferred.  
Competitive  remuneration  offered.  [A9934]
Singapore   Office:   24   Raffles   Place,   #17-­06   Clifford   Centre,   Singapore
048621    |    Tel:  +65  6236  0166  Licence  no.  07C5739
Hong   Kong   Office:   Unit  A,   20/F,   9   Queen's   Road   Central,   Central,   Hong  Kong    |    Tel:  +  852  2526  2981

Patent  Attorney  (3,  4  PQE),  Singapore
Our  client,  a  lead  government  agency  seeks  a  Patent  Attorney  to  join  its  dynamic  and  growing  legal  team.  The  successful  candidate  should   be   a   Singapore   Registered   Patent   Agent   with   at   least   3  years  of  work  experience  gained  either  in  a  law  firm   or   in-­house.  
Excellent   written   and   oral   communication   skills   are   required.  
[A10086]

Legal  Manager  (4-­7  PQE),  Kuala  Lumpur,  Malaysia
One   of   the   world’s   largest   healthcare   companies   seeks   a  Malaysian-­qualified  lawyer  with  at  least  4  years  PQE  to  join  them  in  a   role   based   in   Kuala   Lumpur,   Malaysia.   The   successful  candidate’s   responsibilities   will   include   advising   on   a   range   of  commercial   matters   including   sales   and   marketing   activities,  negotiating   and   managing   risks   in   all   business   transactions,  overseeing   litigation   matters   that   may   arise   and   protecting   the  company’s  IP  in  Malaysia.  The  ideal  candidate  should  be  dynamic  and  ambitious.  Prior  experience  working  in  a  large  MNC  would  be  advantageous.  [A10085]

Attorney  (5-­8  PQE),  Jakarta,  Indonesia
Our   client   is   a   global   leader   in   engineering   within   the   offshore  energy   industry.   They   are   looking   to   hire   a   legal   counsel   to   be  based   in   Indonesia.   The   role   will   be   supporting   the   Indonesian  business   activities   with   a   focus   on   the   execution   of   an   upcoming  deep   water   project.   The   ideal   candidate   should   be   Indonesian  qualified   with   relevant   experience   in   offshore/subsea   oil   &   gas  contracting.   Fluency   in   English   and   Bahasa   Indonesia   is  mandatory.  Must  be  able  to  travel  on  short  notice.    [A10209]

ASEAN  Counsel  (10+  PQE),  Bangkok,  Thailand
Join   a   leading   US   MNC   in   a   role   based   in   Bangkok,   Thailand!    
Acting  as  a  strategic  business  partner,  the  counsel  will  have  legal  and   compliance   responsibilities   covering   the   company’s   business  in   ASEAN   with   country   focus   on   Thailand,   Myanmar,   Vietnam              and   Cambodia.   Responsibilities   include   providing   advice   to   the  country   management   teams   and   senior   regional   leaders   on  commercial   issues,   emerging   market   opportunities,   strategic  direction   and   risk   mitigation.   The   successful   candidate   will   be  involved   in   drafting,   reviewing   and   negotiating   business  agreements,  advising  on  regulatory,  privacy,  anti-­trust  matters  and  providing  compliance  advice.  Thai  language  skills  an  absolute  must  for  this  role.  [A9935]

The Briefing

cial leasing companies, ship owners and operators, trading companies and shipyards. He is fluent in English and Mandarin andspeaks conversational Cantonese.
JAPAN
Orrick, Herrington & Sutcliffe has
appointed Edward "Ted" S Johnson asa partner in its M&A and private equity
practice group based in the firm’s Tokyo
office. Johnson, a leading corporate and
M&A lawyer in Japan, was formerly apartner with Paul Hastings where he
was managing partner of the Tokyo Edward
office. He counsels multinational com- S Johnson
panies and private equity funds in structuring and negotiating cross-border mergers and acquisitions,joint ventures, restructurings and other strategic transactions.
He also represents clients in dispute resolution and compliancematters involving the Foreign Corrupt Practices Act and otheranti-corruption, regulatory and competition law issues. Johnson
represents clients across a wide range of sectors including telecommunications and media, pharmaceuticals and biotechnology, manufacturing, power, retail, hotels and real estate, financeand education.
SINGAPORE
K&L Gates LLP has appointed Lian Yok Tan and Nicholas
Hanna as partners in the energy and corporate/M&A practices,
respectively, in the firm’s Singapore office. Tan arrives fromWhite & Case whilst Hanna joins from Watson, Farley & Williams. Tan advises government bodies, banks, and corporations
throughout Asia on project development and financing in theenergy, infrastructure, power, mining, and oil and gas sectors.
She also advises clients on M&A, commercial trade matters,
structured and asset financings, and private equity transactions. Counselling clients in the oiland gas, mining, energy, and resort
sectors throughout the Asia Pacificregion, Hanna advises on Main Market
and AIM listings on the London Stock
Exchange, capital raising, private equity
transactions, and complex contractualcommercial disputes that focus oninternational trade, oil and gas, andLian Yok Tan
intellectual property.
Morrison & Foerster has appointed Jake Robson and Adam
Summerly as partners to continue the expansion of the firm’s
newly opened Singapore office. Both partners will join from theSingapore office of Norton Rose Fulbright. Robson and Summerly, who have been based in Singapore for eight and 14 years,
respectively, are veteran deal advisers with substantial experiencehandling inbound, outbound and intra-regional transactions acrossSouth and Southeast Asia. Robson’s practice is focused on M&A,

6 ASIAN-MENA COUNSEL

private equity, cross-border investment, joint ventures and assetbased deals throughout Asia. He also handles capital markets
transactions representing issuers and underwriters in public securities offerings in the region. He is admitted to practice in Englandand Wales. Summerly advises on a wide range of corporate transactions, including M&A, private equity, cross-border investment
and JVs, primarily in the infrastructure, transportation, natural
resources, telecommunications and oil and gas sectors. He is
admitted to practice in England and Wales as well as Hong Kong.
Sidley Austin has appointed Tju Liang Chua as a partner in the
firm's international energy practice in Singapore. The firm also
added Nicholas Grambas to its project finance and infrastructure practice. Chua has extensive experience in the energy andnatural resources sectors. He advises clients on complex international cross-border transactions, including some of the mostsignificant energy M&A deals between Asia and the Americas.
He also handles energy and natural resources-specific matters,
including LNG and crude oil sales agreements and production
sharing contracts. Grambas joined Sidley Austin on 1st Augustfrom Gilbert + Tobin in Australia. With extensive experience
gained from a career as an investment banker and a lawyer, hebrings to the table an international track record which has seen
him work in Asia, Australia, Europe and the Middle East.
THAILAND
Weerawong, Chinnavat & Peangpanor has appointed Veeranuch
Thammavaranucupt as a partner in
its capital markets group. She joinsfrom a major telecommunications provider operating mobile phone services
in Thailand, where she was senior vice Veeranuchpresident, general counsel. Previously, Thammavaranucupt
she was a partner at Linklaters (Thailand) and, prior to that, was at Freshfields. She specialises insecuritisation, M&A, debt capital markets, and a broad rangeof other capital markets work. She was also a member of
the Takeover Panel of the Securities and Exchange Commissionof Thailand.
AMC

Erratum:
The statistics for the number of lawyers at Al Tamimi whichappeared in the Middle East Report cover story in lastmonth's edition of Asian-mena Counsel, Vol 11 Issue 4,
were misleading.
The number of lawyers at Al Tamimi related strictly
to the UAE when it should have, in context, referenced
the wider region.
In fact, Al Tamimi has 273 lawyers (and not 136) as mentioned in the article. The statistics were quoted in error.
Our sincere apologies.

www.inhousecommunity.com

In-House
HEAD OF LEGAL - FUNDS HONG KONG/SINGAPORE

8+ years

HEAD OF LEGAL CHINA

SHANGHAI12+ years

Well-regarded US asset management firm seeks a Head of Legal for its
Asian operations. You will have broad asset management experience,
ideally from an in-house environment in Asia. Good commercial acumen
essential. This position may be based in HK or Singapore. AC4266

European bank seeks to recruit a Head of Legal for its China operations
based in Shanghai. Managing a team & reporting to the GC based in
HK, the role will have broad coverage including corporate client services,
treasury, retail & commercial banking. Fluent Mandarin essential. AC4252

M&A/INSURANCE

VP, REGULATORY AFFAIRSHONG KONG

8+ years

HONG KONG

8-15 years

Global insurance broker seeks a senior corporate M&A lawyer ideally withsome insurance background to join its regional legal team. You will be
at least 8 years qualified & have fluent Chinese drafting skills. Excellent
remuneration package & opportunities for travel. AC4263

Global financial services company seeks a Vice President, Regulatory
Affairs to be based in HK. You will be responsible for analysing regulatory
frameworks in Asia. Ideally, you have at least 8 years’ experience working
with securities or banking laws. Fluent English essential. AC4269

CORPORATE FINANCESENIOR COMPLIANCE

HONG KONG

6-12 years

HONG KONG

6-10 years

In-house opportunity for corporate finance lawyers with strong listedcompany compliance experience. In-depth knowledge of the regulationsof listed companies & strong communication skills are essential. Fluent
spoken & written English & Chinese required. Good hours. AC4296

Global compliance consultancy seeks a senior principal consultant to advise
financial institutions/hedge funds on compliance requirements in HK. You
will have a minimum of 6 years’ experience serving in a compliance/SFC
advisory role, strong analytical skills & native level English. AC4311

COMPLIANCE I-BANK

DERIVATIVES/BANKING/FUNDSSINGAPORE

6-11 years

Leading European bank seeks a candidate with significant complianceexperience, preferably within the banking industry. Ideally, you are familiar
with the Banking Act, SFA, FAA & other regulatory notices & guidelines in
Singapore. High calibre team. AC4309

DCM

HONG KONG

5-10 years

HONG KONG

5-8 years

Global i-bank seeks a mid to senior level lawyer to be based in HK toprovide legal support for its businesses in China. The role will cover crossborder derivatives, lending, ISDA, QDII, QFII & regulatory matters. Strong
PRC exposure is essential. Fluent English & Mandarin essential. AC4259

FUNDS LEGAL COUNSELHONG KONG

5-7 years

Global bank with major expansion plans in Asia seeks a DCM lawyer
to advise the business on legal & transaction management on DCMrelated matters for Asia. You will have at least 5 years’ DCM experience,commercial acumen & ability to handle direct client facing work. AC3594

Global giant in asset management seeks a mid-level lawyer for its HK
team. The role covers the Asia region & will involve dealing with a broad
range of products investing in a variety of asset classes. Candidates musthave solid experience in authorized funds & fluent Chinese. AC4275

GENERAL COMMERCIALCOMMERCIAL

HONG KONG

5-8 years

HONG KONG

5+ years

Well-established HK-based conglomerate seeks a mid to senior levelcommercial lawyer to join as a legal counsel. Extensive commercial
experience from a law firm or prior in-house experience & fluent Mandarin
are essential. Excellent career prospects & good hours. AC4301

Growing MNC/technology specialist seeks a legal counsel based in HK
to be responsible for its growing business in Asia. You will be involved ingeneral commercial work & those with IT experience will have a distinct
advantage. Fluent spoken & written Mandarin essential. AC3978

IP LUXURY BRAND

LUXURY BRAND

HONG KONG

2-4 years

Globally-renowned luxury brand seeks a mid-level in-house legal counsel
for its HK office. This is a brand protection role & candidates should havesolid experience in IP enforcement work. Experience in internet-related IP
work a distinct advantage. Chinese skills essential. AC4271

HONG KONG

3-5 years

Luxury brand seeks a mid-level lawyer to join its legal team in HK. You
will be responsible for negotiating & drafting commercial contracts &lease agreements & handling compliance matters & ad hoc projects.
Regional exposure & good work/life balance on offer. AC4318

This is a small selection of our current vacancies. Please refer to our website for a more comprehensive list of openings.
Please contact Lindsey Sanders +852 2537 7409, lsanders@lewissanders.com or Chris Chu + 852 2537 7415, cchu@lewissanders.com
or Jenny Law +852 2537 7448, jlaw@lewissanders.com or e-mail recruit@lewissanders.com

www.lewissanders.com

The Briefing
DEALS

Featured below are some recent headline deals fromacross Asia and the Middle East
AUSTRALIA
Clifford Chance has advised theWaterhouse family in respect of
the sale of Australian online betting
company tomwaterhouse.com to the
UK's William Hill. Tomwaterhouse.
com was established in 2010 and is oneof Australia's fastest growing wageringand sports betting businesses, led bymanaging director Tom Waterhouse. The
Waterhouse name has been synonymouswith betting and racing in Australia for
more than a century. Tom Waterhouse
himself is a fourth-generation bookmakerand a member of Australia's most famous
racing family. William Hill is one of theworld's leading betting and gaming
companies. Founded in 1934, it is now
the UK's largest bookmaker with around
2,400 licensed betting offices and is amember of the FTSE100. On completion,
tomwaterhouse.com will become part ofWilliam Hill Australia. Tom Waterhousewill remain as managing director of
tomwaterhouse.com and will work
closely with William Hill’s Australianmanagement team. Partner Lance Sacks
also led the transaction.
CHINA
K&L Gates has represented leading
Chinese social networking company
Renren Inc, which is often referred to as"the Facebook of China", in respect of its
agreement to sell shares of its Grouponlike subsidiary Nuomi Holdings Inc toChinese internet search provider Baidu
Inc, also known as "the Google of China".
Baidu and Renren jointly announced on
23 August 2013 that Baidu Holdings Ltd,a subsidiary of Baidu, and Renren haveentered into a definitive agreement,
pursuant to which Baidu Holdings Ltd
will acquire newly issued ordinary
shares representing approximately 59
percent of the equity interest in Nuomi
Holdings Inc, a wholly-owned subsidiaryof Renren, for US$160 million in cash.
Subject to the satisfaction or waiver ofthe closing conditions provided in the

8 ASIAN-MENA COUNSEL

agreement, the parties expect to close
the acquisition in the fourth quarter of2013. Partners Wilson Chu and Jessica
Pearlman advised on the matter.
Proskauer has represented CCB
International as the lead initial investor
in respect of a US$200 million guaranteed
secured senior notes issued by HKSElisted Zhuguang Holdings Group
Company Ltd, a property development
and investment company based in
Guangdong, China. In consideration of
the purchase of the senior notes, theissuer also issued to the initial investors
warrants representing aggregate exercise
price of US$40 million. Partner Jay Tai led
the transaction.
Conyers Dill & Pearman has advised
NetDragon Websoft Inc and 91
Wireless, the largest third-party
distributor of apps in China by active
users, in respect of a US$1.9 billion
takeover by Baidu Inc, owner of thelargest search engine in China. Baidu has
agreed to buy 91 Wireless for US$1.9
billion from NetDragon, a Cayman Islands
company listed on the HKSE, and certain
other shareholders. The transaction
constitutes a very substantial disposal anda connected transaction and is subject tothe approval of NetDragon's independent
shareholders. Partner David Lamb led
the transaction. Han Kun Law Offices,
led by Charles Li, Estella Chen, Gloria
Xu and Rae Liu, advised Baidu.
HONG KONG
Davis Polk has also advised Poly Real
Estate Finance Ltd, a wholly owned
subsidiary of Poly Real Estate Group Co
Ltd (Poly Real Estate), in respect of its
Regulation S offering of US$500 million
4.5 percent guaranteed bonds due 2018.
The bonds will be listed on the HKSE.
Poly Real Estate is a leading property
developer and the largest state-owned
real estate company in China. Its ordinary
shares are listed on the Shanghai Stock

Exchange. The bonds were guaranteedby Poly Real Estate's wholly owned
subsidiary Hengli (Hong Kong) Real EstateLtd. The bonds were supported by akeepwell deed and an equity purchaseundertaking from Poly Real Estate, anda keepwell deed from China Poly Group
Corporation, the parent company of
Poly Real Estate. Partners Paul Chow,
Eugene C Gregor and John D Paton
led the transaction. Poly Real Estate
was advised by Maples and Calder led
by partner Christine Chang as to BVI
law and DeHeng Law Offices as to PRC
law. The Hongkong and Shanghai Banking
Corporation Ltd and CITIC Securities
Corporate Finance (HK) Ltd were thejoint global coordinators, and, together
with Credit Suisse Securities (Europe)
Ltd, Deutsche Bank AG Singapore Branch,
ICBC International Capital Ltd, ICBCInternational Securities Ltd, The RoyalBank of Scotland PLC and UBS AG Hong
Kong Branch, the joint book-runners andjoint lead managers. The joint global
coordinators, joint book-runners andjoint lead managers were advised by
Linklaters as to Hong Kong law andJingtian & Gongcheng as to PRC law.
INDIA
Desai & Diwanji advised a consortiumof lenders led by State Bank of India
in respect of the financing of a 1200 MW
coal fired thermal power plant of Jindal
Power Ltd at Village Tamnar, Raigarh
District of Chhattisgarh. The project
cost is INR7740 crores (US$1.26b). The
financing documents were executed on
24 July 2013.
SAUDI ARABIA
Latham & Watkins has advised Al Rajhi
Banking and Investment Corporation,
Arab National Bank, Boubyan Bank,
Banque Saudi Fransi, Credit Agricole
Corporate and Investment Bank,
Gulf Bank KSC, National Bank of
Kuwait and The Saudi British Bankin respect of the US$2.3 billion financing
for Al-Etisalat Al-Mutanakilah Al-Saudia
Company (Zain KSA). The facility is oneof the biggest Murabaha facilities seenin the region this year. Partner Craig

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Making the right one for you is what matters.
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In-­House

Liam Richardson+852 3469 5207
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Singapore | Hong Kong | London

The Briefing
DEALS
Nethercott led the transaction. Zain
KSA was advised by Clifford Chance
partner Peter Avery.
SINGAPOREof quick freeze food products. Partners
Howard Cheam and Soh Chai Lih are
driving the transaction.
THAILAND

Rajah & Tann is advising Synear Food
Holdings Ltd in respect of its proposed
voluntary delisting from the Main Boardof the SGX-ST and the exit offer by UBS
AG Singapore Branch, for and on behalfof Fortune Domain Ltd, to acquire all
the issued ordinary shares in Synear's
capital, other than those already held,
directly or indirectly, by Fortune Domain
at the date of the exit offer. Last 15
October 2012, Synear and Fortune
Domain jointly announced a proposal
by Fortune Domain for the delisting
and the exit offer in connection withthe delisting. The exit offer is valued at
approximately S$106.4 million (US$83m)
and Synear is valued at approximately
S$255.8 million (US$199.6m). Synear
was incorporated in Bermuda and has
been listed on the Main Board of the
SGX-ST since August 2006. It is basedin Henan Province, People's Republicof China, and is, together with its
subsidiaries, engaged in the production

Weerawong, Chinnavat & Peangpanor
has represented PACE Development
Corporation Public Company Ltd,a major high-rise and luxury property
developer in Thailand, in respect of their
IPO and listing of investment units on
the Stock Exchange of Thailand (SET).
The offering involved 600 million shares
set at US$0.11 per share and was valued
up to US$70 million. Asia Plus Securities
Plc, Country Group Securities Plc,
and SCB Securities acted as the leadunderwriters with seven co-underwriters,
namely Globlex Securities, KGI Securities(Thailand) Plc, CIMB Securities (Thailand),
Capital Nomura Securities Plc, Thanachart
Securities Plc, Bualuang Securities Plc,
and Finansia Syrus Securities Plc. The IPO
started trading on the SET on 7 August
2013. Partner Peangpanor Boonklum
led the transaction.
VIETNAMDLA Piper has advised Fortescue

Metals Group (FMG) in respect of a
US$1.5 billion investment in its FMG
Iron Bridge Joint Venture, which wasestablished to develop the FMG Iron
Bridge Project. The deal will see
Formosa Plastics Group (Formosa)acquire a 31 percent interest in
the JV. Formosa is Taiwan's largest
private company whilst FMG is listed
in the S&P/ASX30 share index andis the world's fourth largest ironore producer. The FMG Iron Bridge
Project encompasses the world-class
North Star and Glacier Valley iron ore
deposits, located 100km south of Port
Headland in Western Australia. The
project is underpinned by a combined
iron ore resource of 5.2 billion tonnes.
Under the arrangements, Formosa
will fund construction of Stage Oneof the project, which will commenceon completion of the transaction. The
company will also participate in Stage
Two and will agree to purchase up to
three mtpa of iron ore at market prices
to supply its integrated steel mill at Ha
Tinh in Vietnam, when commissioned.
Partners Jim Holding and Stephen
Webb led the transaction.

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10 ASIAN-MENA COUNSEL

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Gladys Chew
In-HouseHong Kong

taylorroot.com@TaylorRootLegal

Expect us to North Asia Roles
live up to our
reputation
Head of Legal

Your reputation matters. So does ours.
For nearly 25 years, we’ve worked hard togain the respect and trust of clients andcandidates by setting the highest
professional standards in legal recruitment.
So whether you’re recruiting or considering
your next career move, you can be
confident that our consultants will live up
to their promises.
Visit our website taylorroot.com or get intouch with our team:For legal roles in Singapore, call
Gladys Chew on +65 6420 0500 or
email gladyschew@taylorroot.com
For legal roles in Hong Kong, call
Hayden Gordine on +852 2973 6333 oremail haydengordine@taylorroot.com

Hong Kong

South Asia Roles
FMCG Manufacturing

Singapore

Hong Kong investment bank seeks a new Headof Legal to manage its growing legal team and toadvise its expanding investment banking businessin Hong Kong and mainland China. Mandarin
language skills are essential coupled with a strong
knowledge of IB products.
Ref: 187800.

Well known MNC in the FMCG manufacturingindustry is looking to establish a presence in theregion. Candidates should have at least 8 years ofexperience and be a generalist in-house. This will
be a sole contributing role. Candidates can expect30-40% of travelling.
Ref: 191981.

VP - Funds

PharmaceuticalHong Kong

Singapore

Hong Kong asset management firm seeks anexperienced funds or asset management lawyer
to advise on a wide range of mutual funds
spanning all asset classes. Mandarin language
skills are highly preferable although not essential.
Ref: 191630.

Our client is seeking a General Counsel to come on
board. This is a leadership and management role
for a generalist lawyer. Previous past litigation anddispute resolution experience and skills would be
looked upon favorably. Candidates must have priormanagerial experience.
Ref: 191661.

M&A

Telecoms

Hong Kong

Singapore

Global insurance company seeks a legal counsel
to join their expanding legal team. Based in
Hong Kong, you will be overlooking the APAC
region, handling a mix of corporate M&A, generalcommercial and insurance related work. Chinese
language skills are required.
Ref: 191980.

Our client is expanding the legal team in the regionand seeks a transactional lawyer to come on
board. Candidates should have experience in crossborder finance, corporate and M&A transactions.
Work experience with large international law firms
would be viewed favorably.
Ref: 191461.

Internet (IP) Counsel

Manufacturing

Hong Kong

Singapore

Unique opportunity to join this global luxury brandto assist on all IP enforcement matters, focusingon
onlineanti-counterfeiting/enforcement
matters in Greater China and APAC region. Strong
IP and brand enforcement experience essential.
Mandarin language skills required. Ref: 191880.

Our client is expanding in Asia and looking for ageneral corporate commercial lawyer to support
the business in South Asia. You should have 5-8
years’ international experience in a reputable law
firm (with a focus on corporate and commercial
matters) and/or in-house.
Ref: 192421.

Commercial

Manufacturing

Hong Kong

US company seeks a qualifed lawyer to assist on
all legal affairs in the APAC region. You will be
reviewing commercial contracts, supporting IP
activities, preparing templates and legal policies.
Great regional exposure with good work/lifebalance on offer. Mandarin essential.Ref: 192000.

Malaysia

Our client, a leading UK MNC in the manufacturingindustry, is looking for a regional legal counsel,
reporting to the APAC GC in Singapore. You should
be a Malaysian qualified lawyer with general
legal corporate/commercial experience and prior
MNC experience.
Ref: 192301.

Please note our advertisements use PQE purely as a guide. However, we are happy to consider applications
from all candidates who are able to demonstrate the skills necessary to fulfil the role.
EA Licence No: 12C6222

THE SR GROUP : BREWER MORRIS . CARTER MURRAY . FRAZER JONES . SR SEARCH . TAYLOR ROOTLONDON . DÜSSELDORF . DUBAI . HONG KONG . SINGAPORE . SYDNEY . MELBOURNE

The Briefing
DEALS

Asian-mena Counsel Deal of the Month

The (phos)phate of fertilisers
in Saudi Arabia
By Aparna Assomull BundroIn a landmark US$7 billion deal that will bring key benefits to
the region, the Saudi Arabian Mining Company (Ma’aden),the Mosaic Company and the Saudi Basic Industries Corporation (SABIC) finalised a deal on August 21st to build one of
the world’s largest fully integrated phosphate fertiliser facilities.
The production facility will be situated in Wa’ad Al Shammal
Mineral Industrial City in the Northern Province of the Kingdom, and production will commence in late 2016.
Latham & Watkins acted onbehalf of Ma’aden, with partners
Glen Ireland, Salman Al-Sudairi,
Les Carnegi and Jocelyn Noll leading the team. Simpson Thacher &Bartlett represented Mosaic with
Eric Sweedenburg spearheading
the transaction; and their local
counsel was Hatem Abbas Ghazzawi & Co with lead partner Ali W
Abedi whilst SABIC used their in-house team.
The three entities bring to the table a considerable cacheof talent, with Ma’aden responsible for substantial experiencein the mining industry. SABIC is a global giant in the chemicalindustry and will additionally shore up its significant marketing

Firms involved:• Latham & Watkins• Simpson Thacher & Bartlett• Hatem Abbas Ghazzawi & Co
Deal Value: US$7 billion

capabilities. Lastly, Mosaic is one of the world’s
largest producers of phosphate fertilisers
and will leverage its wide-ranging technicaland operating skill-set in the development of
the project.
The deal is also significant for creating a
number of opportunities in the northern andeastern regions of Saudi Arabia and is expected
to generate at least 15,000 job opportunities,
increase training and employment in the area and will additionally assist the growth of SME’s in the region.
Development is already underway at the site and construction in the housing and railway sector will begin before the endof the year.

A Corporate Journeyto the Westor How to make a successfulacquisition in the USA• www.acorporatejourneytothewest.com
12 ASIAN-MENA COUNSEL

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H o n g K o n g • S i n g a p o re • Beijing • Shanghai

In-House
GROUP LEGAL/COM SEC

Hong Kong

8 - 10+ PQE

Our client is looking to appoint a senior lawyer to lead and manage the legal
and company secretarial functions for their regional operations.
Responsibilities will include a broad range of corporate & commercial matters,
litigation, M&A and company secretarial duties. Demonstrable working
knowledge with SFC and HKEX regulations and substantive legal experienceis essential. Fluent ability to read and write Chinese required. (IHC 9424)

FIXED INCOME DERIVATIVES Singpore

7 – 10 PQE

A global bank is seeking an experienced lawyer. This role will advise on legal
and risk management for various structured products with emphasis on credit,
foreign exchange, interest rates and commodity-linked derivatives. The
successful candidate must have solid knowledge of the OTC derivatives
market and be well-versed in managing ISDA master documentation.
(IHC 9647)

PRIVATE BANKING COUNSEL Hong Kong

6+ PQEHOSPITALITY

Beijing

8-12+ PQE

Global property and hotel management company is looking to hire anaccomplished senior lawyer to provide legal support to business development
and corporate transaction activities in China, as well as legal support for
operational and compliance matters in China.
Previous experience inhospitality or large MNC highly regarded. (IHC 9399)

ANTI-CORRUPTION

Hong Kong

6+ PQE

Major NYSE listed client looking to appoint a senior APAC corporate
compliance lawyer with experience advising on anti-corruption, internal
corporate compliance, investigations and various other compliance areas,
providing strategic compliance advice to the business. Successful candidate
will ideally have experience in a large MNC in a similar role. Fluent spoken
and written Chinese (Mandarin) required. (IHC 9514)

CORPORATE COUNSEL

Shanghai

6-8 PQE

Market leading Private Bank seeks a lawyer with excellent HK Regulatory
knowledge to support the front office on all matters. Excellent drafting skills,
Chinese language and a high level of commercial acumen are essential to thisrole. (IHC 9739)

Leading engineering services provider in the Energy sector is looking for a
Legal Counsel to advice on their international EPC projects, M&A and othercorporate transactions. Strong drafting and negotiation skills are essential.
Previous out-bound investment experience is highly regarded. Fluent in written
and spoken Chinese and English is required. (IHC 9664)

FUNDS COUNSELIP COUNSEL – NORTH ASIA

Hong Kong

5-10 PQE

A market leading, international financial services provider is seeking anexperienced funds lawyer to advise on a broad scope of legal and regulatory
matters. The legal counsel will provide support to the Investment business on
all issues, across jurisdictions including Hong Kong, Singapore, Korea andChina. (IHC 9650)

LEGAL MANAGER

Shanghai

5-8 PQErd

A leading international 3 party logistic provider is looking for a Legal
Manager to join their legal team in Shanghai. Solid experience in general
corporate matters including contract, risk management and compliance.
Strong negotiation and influencing skills with experience in having negotiatedcomplex transactions is highly appreciated. PRC qualification is essential.
Fluent English and Mandarin required. (IHC 9724)

Shanghai

5-8 PQE

A leading FMCG is seeking an IP Counsel for their North Asia region,
covering China, Hong Kong, Japan. Working alongside the marketing andinnovation teams, the role requires a commercially astute lawyer to provide IP
support across jurisdictions and to direct, lead and manage the regional trade
mark portfolio, as well as advise on IP aspects of acquisitions and joint venturearrangements. (IHC 9701)

GLOBAL MARKETS COUNSEL Hong Kong

4-9 PQE

A well regarded European financial institution is expanding its derivatives
team with the hire of a lawyer to cover both the fixed income and equity
space. This is an excellent opportunity to gain a broad mix of work with agrowing, stable platform. (IHC 9596)

Private Practice
CORPORATE FINANCE

Hong Kong

5+ PQETop tier corporate practice has an immediate opening for a solid seniorassociate to join their highly regarded team in Hong Kong. Suitable candidate
will be Hong Kong admitted and have solid corporate transactional experience.
Familiarity with Listing Rules, Takeover Codes and rules of the Stock
Exchange of Hong Kong are required, as is fluent Cantonese and Mandarin.
(IHC 9692)

FCPA/ANTI-CORRUPTION

Shanghai

3-6 PQE

Our client, a leading global practice with a steady and strong presence in China,
is looking for a 3-6 PQE lawyer with solid workflow experience in FCPA,
Anti-corruption and/or Anti-trust. PRC qualification is essential and overseas
education or qualification is preferred. (IHC 9675)

PROFESSIONAL INDEMNITY

Hong Kong

3-6 PQE

Well known international firm is looking for an experienced insurance litigation
lawyer with solid professional indemnity experience to join their award winning
practice in Hong Kong. Our client is open to considering overseas candidates
with relevant experience and a genuine interest in living and working in Hong
Kong for the foreseeable future. (IHC 9613)

FINANCE ASSOCIATE

Singapore

2-4 PQE

An international law firm with a highly regarded finance practice is looking for afinance associate to join its growing team. Candidate will have strong experiencein broad finance work including general finance, asset finance, acquisition
finance and property finance gained in a leading firm. Candidate must be
admitted to the Singapore bar. (IHC 9667)

These are a small selection of our current vacancies. If you require further details or wish to havea conﬁdential discussion about your career, market trends, or would like salary information, thenplease contact one of the following consultants in Hong Kong:
Andrew Skinner, Jennifer Donnelly, Michael Godby or Nisha Chugh.

Hong Kong

Singapore

BeijingShanghai(852) 2920 9100
als@alsrecruit.com(65) 6557 4163
singapore@alsrecruit.com(86) 10 6567 8728
beijing@alsrecruit.com(86) 21 6372 1058
shanghai@alsrecruit.com

The BriefingNEWS

Sad announcement regarding Ricky ChiuOn behalf of us all at Pacific Business Press andAsian-mena Counsel, it is with great sadness
that we announce the death of our colleague andfriend, Ricky Chiu Wing Ming.
Ricky died suddenly three weeks ago after playing
basketball with friends. He was just 32 years old.
Ricky was with us for over 7 years and it wasa privilege to have known and worked with him.

He will also be greatly missed by the wider
legal community where he had made manyfriends; his sense of humour, diligence and joyful
approach to work and life will be missed by all
who knew him.
Our thoughts and sympathies go out to his
wife, Frances and their two young sons, Julian
and Justin.

Hill Dickinson to launch a Hong Kong presence
By Aparna Assomull BundroM

otivated in part by the success of its
one marine partner re-locating from London to“The idea is to start
Singapore entity, shipping firm Hill Dickestablish the Hong Kong entity, and recruitment
small, with a small
inson is due to set up a Hong Kong office atof additional marine personnel to follow.
the beginning of October. “We are looking toWhen asked who their biggest competitors
nucleus and evolve
expand our international footprint, and ourwereperceived to be in the Hong Kong market,
organically, just as
research tells us that there is room on theJacksoncommented that this would likely be a
we did with theground in Hong Kong for a law firm with submixture of the big international firms including
Singapore outfit”
stantial shipping resources,” according to Peter
Holman Fenwick & Willan, Ince & Co and Clyde
Jackson, Managing Partner of the firm’s head
& Co; strong rivals who were well established in
office in London. “The idea,” he continued, “isthe market as well as some of the local boutiqueto start small, with a small nucleus and evolve organically, just as
practices that had secured a niche in the Hong Kong shipping
we did with the Singapore outfit.”
sector, and these firms included RPC, Reed Smith Richards Butler,
The office will be set up in association with a local firm, withand Howse Williams Bowers.

In our next issue…
Look out for our upcoming IP and TMT Special
Report, with contributions from Lee International,
King & Wood Mallesons, Fangda and Paul Weissamongst others. In addition, we will feature ourregular Jurisdiction Updates, an In-House Insightfeaturing Westpac's Group General Counsel and thelatest moves and deals from around the region.

For information on how to contribute, email:tim.gilkison@inhousecommunity.com

14 ASIAN-MENA COUNSEL

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Stand  Out  With  Hughes-­‐CastellIn-­‐house

Private  Practice

VP,   Legal   |   10-­‐15   yrs   pqe   |   Singapore   REF:   11652/AC   ŽŶƚĞŶƟŽƵƐ/WWĂƌƚŶĞƌͮϵнǇƌƐƉƋĞͮ,ŽŶŐ<ŽŶŐZ&͗ϭϭϲϵϲͬ  This  leading  regional  investment  firm  is  seeking  an  experienced  lawyer  based  in  Singapore  to  manage  legal  documentation  and  provide  legal  advice  on  all  regulatory  aspects  of  its  business.  The  ideal  candidate  should  be  a  Common  Law  qualified  lawyer  with  10–15  years  PQE  in  asset  management,  capital  markets  and  financial  services  regulatory  work.  Strong  knowledge  of  the  law  relating  to  funds  is  essential.  Previous  experience  in  dealing  with  financial  regulators  is  preferred,  together  with  fluent  Mandarin.

dŚŝƐ ůŽŶŐͲƐƚĂŶĚŝŶŐ Įƌŵ ŝŶ ,ŽŶŐ <ŽŶŐ ŝƐ ƐĞĞŬŝŶŐ Ă WĂƌƚŶĞƌͲůĞǀĞů ůĂǁǇĞƌ ƚŽĂĚĚ ĞǆƉĞƌƟƐĞ ƚŽ ƚŚĞŝƌ ĞƐƚĂďůŝƐŚĞĚ /W ƉƌĂĐƟĐĞ͘ dŚŝƐ ƌŽůĞ ƌĞƋƵŝƌĞƐ ƐƵďƐƚĂŶƟĂůĐŽŶƚĞŶƟŽƵƐ ĞǆƉĞƌŝĞŶĐĞ ĂŶĚ Ă ƐƚƌŽŶŐ ƚƌĂĐŬ ƌĞĐŽƌĚ ŝŶ ƐŝĂ ǁŽƵůĚ ďĞ Ă ŚƵŐĞďŽŶƵƐ͘>ĞĂĚĞƌƐŚŝƉĐƌĞĚĞŶƟĂůƐǁŽƵůĚďĞŝĚĞĂůĨŽƌĂƌŽůĞǁŝƚŚƚƌĞŵĞŶĚŽƵƐŐƌŽǁƚŚƉŽƚĞŶƟĂů͘ŚŝŶĞƐĞůĂŶŐƵĂŐĞƐŬŝůůƐĂƌĞŶŽƚƌĞƋƵŝƌĞĚďƵƚǀŝĞǁĞĚĂƐĂŶĂĚǀĂŶƚĂŐĞ͘:ŽŝŶƚŚŝƐǁŽƌůĚͲůĞĂĚŝŶŐŝŶĚƵƐƚƌŝĂůŵĂŶƵĨĂĐƚƵƌĞƌďǇƚĂŬŝŶŐŽŶƚŚĞƚŽƉůĞŐĂůƉŽƐŝƟŽŶin  the  region  based  in  Shanghai.  The  role  will  provide  high-­‐level  advice  and  support  to   senior   management   on   all   legal   and   compliance   issues.   With   a   law   degree  from  a  reputable  Chinese  university  and  a  J.D.  /LL.M  from  an  overseas  university,  the  incumbent  must  have  at  least  10  years’  experience  gained  from  MNCs  and/or  ŝŶƚĞƌŶĂƟŽŶĂůůĂǁĮƌŵƐ͘&ůƵĞŶĐǇŝŶŶŐůŝƐŚΘDĂŶĚĂƌŝŶŝƐƌĞƋƵŝƌĞĚ͘ǁŝƚŚƐŽŵĞŽĨƚŚĞůĂƌŐĞƐƚĐůŝĞŶƚƐŝŶƚŚĞh^ĂŶĚƐŝĂƌĞŐŝŽŶ͘zŽƵǁŝůůďĞĞŝƚŚĞƌh^Žƌh<ƋƵĂůŝĮĞĚĂŶĚŚĂǀĞĂŵŝǆŽĨĐƌŝŵŝŶĂůĂŶĚĐŝǀŝůůŝƟŐĂƟŽŶĞǆƉĞƌŝĞŶĐĞŝŶƚŚĞĮŶĂŶĐŝĂůƐĞƌǀŝĐĞƐŝŶĚƵƐƚƌǇ͘ŶĂƟǀĞƐƉĞĂŬĞƌŽĨDĂŶĚĂƌŝŶŽƌ<ŽƌĞĂŶŝƐƌĞƋƵŝƌĞĚ͘WƌĞǀŝŽƵƐ
judicial  clerkship  and/or  work  experience  in  Asia  will  be  advantageous.  

h^ͬh<YƵĂůŝĨŝĞĚ>ŝƚŝŐĂƚŝŽŶƐƐŽĐŝĂƚĞͮϱнǇƌƐƉƋĞͮ,ŽŶŐ<ŽŶŐZ&͗ϭϭϳϮϲͬ  General   Counsel   |   10+   yrs   pqe   |   Shanghai   REF:   11692/AC   :ŽŝŶƚŚŝƐƉƌĞƐƟŐŝŽƵƐh^ůŝƟŐĂƟŽŶůĂǁĮƌŵĂŶĚĨƵƌƚŚĞƌĚĞǀĞůŽƉǇŽƵƌĐĂƌĞĞƌďǇǁŽƌŬŝŶŐŽƌƉŽƌĂƚĞƐƐŽĐŝĂƚĞͮϰͲϳǇƌƐƉƋĞͮ^ŚĂŶŐŚĂŝZ&͗ϭϭϳϬϱͬ  dŚŝƐ ǁŽƌůĚͲůĞĂĚŝŶŐ ůĂǁ Įƌŵ ŝƐ ƐĞĞŬŝŶŐ ĂŶ ŝŶƚĞƌŶĂƟŽŶĂůůǇ ƋƵĂůŝĮĞĚ ĐŽƌƉŽƌĂƚĞ
Senior  Counsel  |  10+  yrs  pqe  |  Hong  Kong      REF:  11612/AC   ůĂǁǇĞƌƚŽũŽŝŶŝƚƐ^ŚĂŶŐŚĂŝŽĸĐĞ͘dŽƐƵĐĐĞĞĚŝŶƚŚŝƐƌŽůĞ͕ǇŽƵŵƵƐƚŚĂǀĞƐŽůŝĚA  multinational  IT  services  company  is  seeking  a  senior  lawyer  with  solid  legal  transactional   ƚƌĂŝŶŝŶŐǁŝƚŚĂƚŽƉŝŶƚĞƌŶĂƟŽŶĂůůĂǁĮƌŵĂŶĚĂŵŝŶŝŵƵŵŽĨϰͲϳǇĞĂƌƐWYŽŶ
experience  to  join  its  HK  office.  The  role  will  involve  reviewing,  drafting  and  negotiating   general   corporate   work.   Excellent   English   and   Mandarin   language   skills   are  high  value  corporate  transactions  with  a  focus  on  consulting,  outsourcing  and  systems   ĞƐƐĞŶƟĂů͘WZƋƵĂůŝĮĐĂƟŽŶŝƐĂĚŝƐƟŶĐƚĂĚǀĂŶƚĂŐĞ͘
integration  businesses.    The  ideal  candidate  will  have  over  10  years’  experience  preferably  WƌŽũĞĐƚͬŶĞƌŐǇƐƐŽĐŝĂƚĞͮϯͲϰǇƌƐƉƋĞͮ^ŝŶŐĂƉŽƌĞZ&͗ϭϭϬϮϮͬ  gained  in  a  top-­‐ranked  law  firm  or  in  a  global  IT  company.  A  law  degree  from  a  reputable  dŚŝƐƉƌĞŵŝĞƌŝŶƚĞƌŶĂƟŽŶĂůůĂǁĮƌŵŝƐƐĞĞŬŝŶŐĂŶĞŶĞƌŐǇƉƌŽũĞĐƚƐůĂǁǇĞƌ͕ŝĚĞĂůůǇǁŝƚŚƵŶŝǀĞƌƐŝƚǇǁŝƚŚĂĚŵŝƐƐŝŽŶƚŽƚŚĞĂƌŝƐƌĞƋƵŝƌĞĚ͘&ůƵĞŶĐǇŝŶŶŐůŝƐŚΘDĂŶĚĂƌŝŶŝƐĞƐƐĞŶƚŝĂů͘Ă ĐŽŶƐƚƌƵĐƟŽŶ ďĂĐŬŐƌŽƵŶĚ͕ ƚŽ ũŽŝŶ ŝƚƐ ^ŝŶŐĂƉŽƌĞ ŽĸĐĞ͘ &ĂǀŽƵƌĞĚ ĐĂŶĚŝĚĂƚĞƐ ǁŝůůCommercial  Lawyer  |  8-­‐10  yrs  pqe  |  KL/Penang        REF:  11100/AC     ƉŽƐƐĞƐƐĂƚůĞĂƐƚϯͲϰǇĞĂƌƐWYŝŶƉƌŽũĞĐƚƐ͕ĞŶĞƌŐǇ͕ŽŝůĂŶĚŐĂƐƐĞĐƚŽƌƐƉƌĞĨĞƌĂďůǇŐĂŝŶĞĚdŚŝƐǁŽƌůĚͲůĞĂĚŝŶŐƚĞůĞĐŽŵŵƵŶŝĐĂƟŽŶƐĞƋƵŝƉŵĞŶƚƉƌŽǀŝĚĞƌƐĞĞŬƐĂŚŝŐŚůǇͲŵŽƟǀĂƚĞĚ ĨƌŽŵƚŽƉƟĞƌůĂǁĮƌŵ͘ǆĐĞůůĞŶƚDĂŶĚĂƌŝŶŽƌ<ŽƌĞĂŶůĂŶŐƵĂŐĞƐŬŝůůƐĂƌĞƌĞƋƵŝƌĞĚ͘lawyer  with  solid  corporate  and  commercial  experience  to  join  its  regional  team  and  Corporate  Energy  Associate  |  2-­‐8  yrs  pqe  |  HK/BJ/SG    REF:  11641/AC  ƐƵƉƉŽƌƚŝƚƐŐƌŽǁŝŶŐŽƉĞƌĂƟŽŶƐŝŶWďĂƐĞĚŝŶ<>ͬWĞŶĂŶŐ͘zŽƵŵƵƐƚŚĂǀĞϴͲϭϬ
Multiple  positions  available  at  this  premier  global  law  firm  renowned  for  its  established  ǇĞĂƌƐWYŐĂŝŶĞĚŝŶĂŶŝŶͲŚŽƵƐĞƐĞƫŶŐ͕ĂůŽŶŐǁŝƚŚĞǆĐĞůůĞŶƚĚƌĂŌŝŶŐƐŬŝůůƐƚŽƌĞǀŝĞǁ͕
corporate  practice.  Interested  candidates  must  be  qualified  in  Commonwealth  jurisdictions  ĚƌĂŌĂŶĚĂĚǀŝƐĞŽŶƉƌŽĐƵƌĞŵĞŶƚ͕ƐĂůĞƐ͕ĂŶĚĐŽŵŵĞƌĐŝĂůĐŽŶƚƌĂĐƚƐ͘ĂŶĚŝĚĂƚĞƐǁŝƚŚĂŶĚŚĂǀĞĞǆƉĞƌŝĞŶĐĞǁŽƌŬŝŶŐŽŶĐŽƌƉŽƌĂƚĞDΘŵĂƚƚĞƌƐǁŝƚŚŝŶƚŚĞĞŶĞƌŐǇ͕ŵŝŶŝŶŐĂŶĚŽŝůĂƐƚƌŽŶŐďƵƐŝŶĞƐƐĂĐƵŵĞŶΘDEĞǆƉĞƌŝĞŶĐĞǁŝůůďĞǁĞůůͲƐƵŝƚĞĚĨŽƌƚŚŝƐƌŽůĞ͘ΘŐĂƐƐƉĂĐĞ͘&ůƵĞŶĐǇŝŶDĂŶĚĂƌŝŶŝƐƉƌĞĨĞƌƌĞĚďƵƚŶŽƚŵĂŶĚĂƚŽƌǇ͘ŵƉůŽǇŵĞŶƚƩŽƌŶĞǇͮϳнǇƌƐƉƋĞͮ^ŚĂŶŐŚĂŝZ&͗ϭϭϳϭϯͬ  dŚŝƐ&ŽƌƚƵŶĞϱϬϬƚĞĐŚŶŽůŽŐǇĨŝƌŵŝƐƐĞĞŬŝŶŐĂƐĞŶŝŽƌůĂǁǇĞƌƚŽĐŽǀĞƌĐŽŵƉůĞǆĞŵƉůŽǇŵĞŶƚŵĂƚƚĞƌƐŝŶŚŝŶĂΘ,ŽŶŐ<ŽŶŐ͘dŚĞƌŽůĞǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌƉƌŽǀŝĚŝŶŐĂĚǀŝĐĞĂŶĚƐƵƉƉŽƌƚŽŶĂůů
employment  issues  including  arbitration,  recruitment,  internal  investigations,  privacy  matters  and  giving  training  in  employment  law.  Ideal  candidates  will  have  over  7  years’  PQE,  preferably  gained  in  a  mix  of  in-­‐house  and  private  practice  roles.  Experience  of  advising  MNCs  with  operations  in  both  ŚŝŶĂΘ,ŽŶŐ<ŽŶŐŝƐĚĞƐŝƌĂďůĞ͘&ƌĞƋƵĞŶƚƚƌĂǀĞůĂŶĚĨůƵĞŶƚŶŐůŝƐŚΘDĂŶĚĂƌŝŶĂƌĞƌĞƋƵŝƌĞĚ͘sW͕>ŝƐƟŶŐŝǀŝƐŝŽŶͮϳнǇƌƐƉƋĞͮ,ŽŶŐ<ŽŶŐZ&͗ϭϭϱϯϴͬ  A  renowned  institution  is  seeking  a  senior  lawyer  with  a  financial  background  to  lead  and  develop  its  listing  division  based  in  HK.  Qualified  lawyers  with  over  7  years’  experience  in   accounting,   corporate   finance   or   investment   banking   are   well-­‐suited   for   this   role.  
&ĂŵŝůŝĂƌŝƚǇ ǁŝƚŚ ƚŚĞ ƐĞĐƵƌŝƚŝĞƐ ŝŶĚƵƐƚƌǇ ĂŶĚ ŝƚƐ ƉƌĂĐƚŝĐĞƐ ŝƐ ƉƌĞĨĞƌƌĞĚ͘ &ůƵĞŶƚ ŶŐůŝƐŚ ŝƐessential;  proficiency  in  Mandarin  is  an  advantage.  

WĂƚĞŶƚŐĞŶƚͮϮͲϯǇƌƐƉƋĞͮ^ŚĂŶŐŚĂŝZ&͗ϭϭϲϵϭͬ h^ͲŚĞĂĚƋƵĂƌƚĞƌĞĚ ŵƵůƟŶĂƟŽŶĂů ůĂǁ Įƌŵ ŝƐ ƐĞĞŬŝŶŐ Ă ƐŬŝůůĞĚ WĂƚĞŶƚ ŐĞŶƚ ƚŽƐƵƉƉŽƌƚŝƚƐ/WƉƌĂĐƟĐĞŝŶŚŝŶĂ͕ďĂƐĞĚŝŶ^ŚĂŶŐŚĂŝ͘dŚŝƐƚĂůĞŶƚĞĚĂŐĞŶƚǁŝůůƉƌŝŵĂƌŝůǇďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĚƌĂŌŝŶŐƉĂƚĞŶƚĂƉƉůŝĐĂƟŽŶƐƚŽƚŚĞ^/WKĨŽƌŝƚƐh^ĐůŝĞŶƚƐ͘dŚĞŝĚĞĂů
candidate  must  have  a  Bachelor  of  Science  degree  in  mechanical  engineering  and  ĂƉĂƚĞŶƚĂŐĞŶƚƋƵĂůŝĮĐĂƟŽŶĐĞƌƟĮĐĂƚĞĂůŽŶŐǁŝƚŚϮƚŽϯǇĞĂƌƐ͛ƌĞůĞǀĂŶƚĞǆƉĞƌŝĞŶĐĞ͘
Excellent  English  and  Mandarin  language  skills  are  required.  

ƌďŝƚƌĂƟŽŶƐƐŽĐŝĂƚĞͮϮǇƌƐƉƋĞͮ^ŝŶŐĂƉŽƌĞZ&͗ϭϭϳϯϱͬAn   excellent   opportunity   for   an   enthusiastic   arbitration   lawyer   to   join   this   leading  ŝŶƚĞƌŶĂƚŝŽŶĂůůĂǁĨŝƌŵďĂƐĞĚŝŶ^ŝŶŐĂƉŽƌĞ͘/ĚĞĂůůǇ͕ǇŽƵĂƌĞĂh^Žƌh<ƋƵĂůŝĨŝĞĚůĂǁǇĞƌǁŝƚŚĂƐƚĞůůĂƌĂĐĂĚĞŵŝĐƌĞĐŽƌĚĂŶĚĂŵŝŶŝŵƵŵŽĨϮǇĞĂƌƐWYŝŶĂƌďŝƚƌĂƚŝŽŶŐĂŝŶĞĚĨƌŽŵƌĞƐƉĞĐƚĞĚůĂǁĨŝƌŵƐ͘&ůƵĞŶƚŶŐůŝƐŚĂŶĚƉƌŝŽƌŽǀĞƌƐĞĂƐĞǆƉŽƐƵƌĞǁŽƵůĚďĞĂŶĂĚǀĂŶƚĂŐĞ͘dŽĮŶĚŽƵƚŵŽƌĞĂďŽƵƚƚŚĞƐĞƌŽůĞƐ&     apply,  please  contact  us  at:  T:  (852)  2520-­‐1168
E:  hughes@hughes-­‐castell.com.hk
  www.hughes-­‐castell.com
AC Aug 13_Stand.indd 1

8/21/2013 5:28:27 PM

The Briefing

Opportunities of the Month …

Whether it’s the two or the seven year itch that you may have been afflicted with – sometimes a change is needed. Take a look at our job prospects fromsome top-shelf recruiters from around the region.

Associate General Counsel
PQE: 15+ yrs
Singapore

Investment Funds Counsel
PQE: 5-10 yrs
Hong Kong

Excellent opportunity awaits a general corporate in-house or private
practice lawyer to join a dynamic US multinational company. The
successful candidate will have a regional portfolio and will havethe opportunity to work closely with senior management on theircorporate commercial matters. Candidates should have at least 10
years post qualification experience and have a strong corporate
commercial background. Travel is anticipated. [A10207]

  
Chinese skills are not essential for this role.
A market leading, international financial institution is seeking an experienced
funds lawyer to advise on a broad scope of legal and regulatory matters. The
legal counsel will provide support to the investment business in Hong Kong,
Singapore, Korea and China. Suitable candidates will have gained extensive
experience within the funds space and have a proven track record of working
in conjunction with the business to facilitate growth. Candidates from law firms
as well as those already in-house will be considered. [IHC-9650]

Contact: Kathy Gomez
Email: resume@legallabs.com
Tel: (65) 6236 0166

Senior Corporate Counsel
US Multinational Company
PQE: 8-12 yrs
Singapore
A well-established brand name is looking for a mid-level to senior
lawyer to join its global legal team. Working closely with counterpartsin various parts of the world, as well as senior management based in
Singapore; the successful candidate will be spearheading projects andadvising the business on legal risks and operational issues in the region.
The ideal candidate will have experience both in-house and in a top-tierlaw firm doing general corporate work. Excellent prospects and goodwork-life balance are on offer. [025412]
Contact: Shulin Lee
Email: Shulin.lee@puresearch.com
Tel: (65) 6809 5083

Contact: Michael Godby
Email: m.godby@alsrecruit.com
Tel: (852) 2920 9114

Senior Regulatory Lawyer
PQE: 5-10 yrs
Asia and Middle East
Excellent regional counsel opportunity awaits the right candidate within aleading multinational company in the oil and gas industry. Substantial experiencein providing regulatory and compliance legal support is needed as well as
knowledge of applicable trading laws and regulations for both physical and paper
commodity trading in Singapore, preferably with knowledge and experience ofthe energy and/or oil industries. Knowledge of the on-going global regulatory
reform with regard to derivatives in the US (Dodd-Frank), Europe (EMIR) andSingapore (MAS) is required. This role reports to the Managing Counsel of theEastern Hemisphere, within a close-knit team that works very well together.
[192651]
Contact: Cassandra Lim
Email: cassandralim@taylorroot.com.
Tel: (65) 6420 0500

Legal Counsel
PQE: 3-5 yrs
Hong Kong

Transaction Counsel
PQE: 8-15 yrs
Luxembourg

A luxury brand seeks a mid-level lawyer to join its legal team in HongKong. Reporting to the GC, the candidate will be responsible fornegotiating and drafting commercial contracts and lease agreements,
handling compliance matters and ad hoc projects. Candidates withcommercial, real estate and/or litigation experience will be considered.
Strong drafting and communication skills are essential. Fluent English
and Chinese required. Regional exposure and good work/life balance
on offer. [PBP4318]

One of the world’s most exciting global technology based companies is seeking
a transaction counsel who will be based in its EU Headquarters. The rolereports back to US Headquarters and requires a top calibre lawyer with noless than 8 years’ experience of which a minimum of 5 will have been gained
at a top law firm. Experience in consumer banking, finance or internet related
matters is desirable but not essential. Native level English is required andfluency in another European language as well as in-house experience will be anadvantage. [11736/AC]

Contact: Eleanor Cheung,
Email: echeung@lewissanders.com
Phone: (852) 2537 7416

Contact: Doreen Jaeger-Soong
Email: hughes@hughes-castell.com.hk
Tel: (852) 2520 1168

16 ASIAN-MENA COUNSEL

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Investigative Intelligence
By Peter Glanville
Associate Managing Director
for Greater China

Contract audits – the new norm
In-house legal departments have traditionally been focused on
critical advisory, compliance and managing contentious issues
when required. While important to a business, these jobs can beviewed as non-revenue generating and seen as a cost to the business. However in an increasingly hard economic environment, a
number of in-house legal teams have successfully initiated contract audits, in which they work with other skilled professionals
such as forensic accountants, to positively impact the bottom lineof a business.
Conceptually, a contract audit involves constant monitoring of payments to ensure that no overpayments are made andthat the terms of the contract are adhered to by other parties tothe contract.

Contract phases

As set out in the graph below, a contract can be divided into a
number of phases, with the contentious issues generally arising inphase 2 and 3.
Based on our recent experience, clients obtain the largest
commercial benefit whilst mitigating significant risks from undertaking a contract audit during ‘The Delivery Phase’ (phase 2).
Businesses, with assistance from appropriate professional advisors, can be pro-active in managing their contracts. DuPont demonstrated that contract audits initiated during The Delivery Phase
can avoid the costly and cumbersome process of dispute resolution in the ‘Wind-Up Phase’ (phase 3).
Contract audits consist of utilising forensic and cost accounting skills, financial analUndertaking a contract
ysis, data analytics, interviewing of key
The DuPont example
process owners, as well as physical inspecGlobal industrial and chemical conglomeraudit provides significant
tion or site visits. By combining these skills
ate DuPont and its in-house legal team serve
upside to a business as it
the forensic accountant will attempt to idenas an excellent example of how a program oftify any overpayments and may assist in thecontract audits can contribute significantly
results in recoveries and,recovery of these funds before the contract
to the company’s bottom line. In 2004, thein many instances, betterwind-up phase. A recovery of funds where a
DuPont legal team created the ‘Global
company has a legitimate right to claim back
Recoveries Initiative’1 whereby the company
relationships between
any overpayment amount is the basis of conactively monitors project and contract percontracting parties
tract audits. That is, by undertaking a conformance indicators, as well as businesstract audit and subsequently making a claim
conducts of the parties DuPont contracts
if appropriate, the contracting party is notwith. The underlying objective of the initiapursuing anything other than what they are entitled to.
tive is to identify and assert rightful claims for losses or wrongdoing such as overpayment or under delivery of goods or services.
Between 2004 and 2009, the initiative generated gross recovThe upsideeries totaling US$1.5 billion2. DuPont claims that due to theirUndertaking a contract audit provides significant upside to a businon-litigious approach to contract audits their return on investness as it results in recoveries and, in many instances, better
ment from the program during this period in EMEA3 was as highrelationships between contracting parties. Businesses such as
DuPont managed to recover significant sums of money that is
as 95 percent4. Additionally, they claim to have better relationsometimes overlooked by others. Forensic accountants provide
ships with their suppliers as there is minimal litigation involved.
the required accounting, financial and data analytic skills toenable efficient and effective contract audits, which positively
Phase 1
Phase 3Phase 2The Planning
The Contract
impacts the bottom line of a business.
The Delivery Phase
Phase

Wind-Up Phase% of Contract Delivered

100

Endnotes

90

1.

80
70
60
50
40
30
20

Delivery of goods and services
by one party and sometimes
numerous payments made byanother

10
0

Time

18 ASIAN-MENA COUNSEL

2.
3.
4.

The Profitable Legal Department; How legal departments can prosper bygenerating revenue for their company (P.12) published by Lexis Nexis andMartindale-Hubbell.
Ibid.
Europe, Middle East and Africa (EMEA).
The Profitable Legal Department; How legal departments can prosper bygenerating revenue for their company (P.16) published by Lexis Nexis andMartindale-Hubbell.

pglanville@kroll.com

www.kroll.com

www.inhousecommunity.com

Recent developments in Chinese Anti-bribe-giving laws and enforcement
By William Rosoff and Yuanming Wang, Akin Gump

Recent developments in
Chinese Anti-bribe-giving
laws and enforcement
William Rosoff, corporate partner and partner in charge, Akin Gump, Beijing and
Yuanming Wang, Senior Counsel with Akin Gump and formerly a prosecutor in the
Civil and Administrative Procuratorate Department of the Supreme Procuratorate of
China take us through some of the developments in the bribery arena in China in theaftermath of the GlaxoSmithKline (GSK) bribery allegations.

F

The Chinese government investigation of GSK for alleged bribery was frontpage news in China for several weeks.
This recent very public crack-down should
be seen in a broader historical context andas a manifestation of developments in thelegal arena that have been taking placeover some time.
Traditionally, the Chinese government
had focused more on penalising the bribe
recipients, usually government officials,
than on the bribe givers. That has begun
to change in recent years.
The laws against bribe giving are contained in the PRC Criminal Law, firstpromulgated in 1997. Importantly, the law
applies only to the actual giving of bribes,
not the offering of one.

our executives of pharmaceuticaljuggernaut, GSK were questioned inconnection with allegations which related
to the funnelling of almost US$500 million in bribes through 700 travel agencies
to hospitals and doctors with a view toprompting them to purchase and prescribe their products. The alleged payoffs
were allegedly facilitated to enable GSK
to increase its sales and its profit margin
for its drugs. In light of the recent drive toensure anti-corruption compliance in
China – particularly after the US Foreign
Corrupt Practices Act and the UK Bribery
Act have been more robustly enforced
over the last few years – the extent andmagnitude of the allegations comes as a
bit of a surprise to the legal community.

Several recent developments, all ofwhich became effective in January of thisyear, set out and define more clearly thevarious levels of bribery. These are based,among other things, on the amounts
involved and the identity of the recipient,and set out various fines and prison terms
appropriate to each level, termed either“serious” or “extremely serious.”
The Interpretations on Several Issues
Concerning the Application of the Law In
the Handling of Criminal Bribe-Giving
Cases, adopted jointly by the Supreme
People’s Court and the Supreme People’s
Procuratorate in December 2012, provides
that the crime of bribe giving is “extremely”
serious where the amount involved ismore than RMB 1 million (approximately“The Chinese government investigation of
GlaxoSmithKline for alleged bribery was front-page news
in China for several weeks. This recent very public crackdown should be seen in a broader historical context andas a manifestation of developments in the legal arena thathave been taking place over some time”
William Rosoff

Volume 11 Issue 5, 201319

Ear to the Ground“What constitutes an illegal bribe, as opposed tolawful gift-giving, is not always straightforward,
especially in a society where long-term
relationship-building is as important to businessdealings as it is in China”
Yuanming Wang

$160,000), or the amount involved is morethan RMB500,000 and a) more than threepeople are bribed, b) the bribe is given to agovernment official who has a duty ofsupervision in the areas of food, drugs,
work safety or environmental protection, c)
the bribe is given to an officer of any law
enforcement authority or judicial body forthe purpose of perverting the course ofjustice, or d) the bribes are sourced fromthe offender’s illegal gains. In addition, abribery action will be considered “extremely
serious” if the economic loss caused by thebribe is more than RMB 5 million.
Individuals found to have committed
the offence of ‘extremely serious’ bribegiving face a 10-year or even life-time
imprisonment. In addition, the government
has now fully implemented a public database that documents all cases of convictions for bribery and lists all parties
involved, whether or not those parties havebeen criminally pursued. Inclusion in the
database can be grounds for exclusion fromtenders for government funded projects.
What constitutes an illegal bribe, as
opposed to lawful gift-giving, is notalways straightforward, especially in asociety where long-term relationshipbuilding is as important to business dealings as it is in China.
Various Chinese court rulings provide
some guidance on the issue, including
examining the following factors; i) thenature and history of the relationshipbetween the parties; ii) the value of thegift; iii) the purpose and timing of the gift
relative to what is obtained; and iv) towhat extent the recipient has used his or
her position to promote the interests ofthe gift giver. Prosecutors and judge haveconsiderable discretion in determining
whether a particular act amounts to an
illegal bribe.

Asian-mena Counsel

For many years, US companies doing
business in China have had to concern
themselves with the strictures of theForeign Corrupt Practices Act. The recent
developments in anti-bribery enforcementin China will add to those burdens. While
the US FCPA and Chinese anti-bribery
laws are similar in many respects, they
are not identical. For example, the FCPA
applies only to the bribing of government
officials; the Chinese law is not so limited. The FCPA contains an exception for“facilitation payments”; the Chinese law
contains no such express exception. Thus
effective compliance programs will needto take account of and address both setsof laws.
wrosoff@akingump.com
ymwang@akingump.com
www.akingump.com

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20 ASIAN-MENA COUNSEL

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ASIAN-MENA COUNSEL

7th Annual Survey of
In-House Counsel
along the New Silk Road
Representing Corporate Asia & Middle East Survey
Asian-mena Counsel’s 7th annual survey, which remains the largest and most objective surveyof its kind, contains the views and concerns of the In-House Community as they weigh in on,amongst other things, the factors which influence their selection of external counsel............. 22
Asian-mena Counsel’s In-House Community Firms of the Year 2013
A run-down of the winning firms from around the ASIAN-MENA region as voted for by the
In-House Community. The list comprises the winners and honourable mentions broken down
by jurisdiction and sector........................................................................................................... 51
Responding to change
Asian-mena Counsel talks to the Managing Partners of the firms which won accolades for being
the most responsive, as voted for by the In-House Community.............................................. 62

An Asian-mena Counsel survey for the

OF IN-HOUSE LEGAL & COMPLIANCE PROFESSIONALS© Pacific Business Press Limited 2013

Representing Corporate Asia & Middle East

By Rebecca BrookesAs another financial year kicks into gear and we slowly
edge towards 2014, it is interesting to stop and consider
how the in-house legal community is faring across Asia
Pacific and the Middle East in 2013, and identify likely trends forcorporate legal teams moving forward.
Such information can be gleaned from the results of Asianmena Counsel’s annual Representing Corporate Asia andMiddle East Survey, the largest and most objective survey of
in-house counsel and buyers of legal services along the New
Silk Road. In this special report, we are pleased to share insightwith our readers into the challenges currently facing in-houselawyers in ten jurisdictions. We also provide comprehensive
analysis not only of the composition of the in-house legal/compliance function of companies in Asia Pacific and the Middle
East, but importantly of the views of in-house lawyers on thequality of service and legal support received from the multitudeof law firms across the region.

Figure 1: Profile of survey respondents

4.97%
4.44%
6.57%

Head of Legal (& Compliance) /GC / Senior Counsel
Other In-House Legal(& Compliance)

39.61%

Non-legal Director / VP /CEO / CFO

44.44%

Manager (non-legal)
Other (analyst, supervisor etc)

Assessment of the considerable number of survey responses,
which includes expectations as to any changes in in-house teamsize or engagement levels of external counsel in the coming year,
also helps to provide an indication of any anticipated growth (andpotential diversification) by companies across the region as wemove towards 2014 and beyond.
Analysis of the survey results is particularly interesting inlight of recent sentiment from the International Monetary Fund(IMF) concerning global and regional growth prospects in the
coming year. Releasing its Regional Economic Outlook for Asia
and Pacific in April 2013, the IMF noted that growth in the AsiaPacific region was showing signs of improvement, commenting,“Extreme risks emanating from advanced economies have receded
and domestic demand remains resilient, supported by relatively
easy financial conditions and robust labor markets.”
Although at the time of its report the threats of a US “fiscal
cliff” or EuroZone crisis had lessened markedly since mid-2012,
the IMF went on to warn that, “… the potential impact of external
shocks on Asia’s open economies remains considerable, and risks
and challenges from within the region have come into clearer
focus in recent months. To begin with, financial imbalances andrising asset prices, fueled by strong credit growth and easy financing conditions, are building in several economies.”
In early July 2013 the IMF updated its World Economic
Outlook, downgrading world growth forecasts for the remainder of the year and 2014, citing “appreciably weaker domestic
demand and slower growth in several key emerging market
economies, as well as a more protracted recession in theeuro area.”
Only time will reveal the accuracy of these forecasts and theirimpact on the economies of the Asia Pacific and Middle Easternregions. In the interim, it is interesting to consider whether themindset of the in-house community at local and regional levels
reflects a similar outlook.

Figure 2: Which industry classification best describes your company?

6.6%

6%
19.9%

Energy/ Natural
Resources

Life Sciences

Financial Services

Real Estate/ Construction

Government/
Regulatory

15.6%

Infrastructure

22.7%

9.9%
17.9%

6%

Fast Moving Consumer
Goods

2.3%
7.3%
5.9%

22 ASIAN-Mena COUNSELManufacturing
Technology, Media,
Telecommunications
Wholesale/ Retail Services
Other

Supply Chain/ Logistics

4.4%

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Asian-mena Counsel – In-House Community Survey 2013

Survey Methodology
As in previous years, in 2013 over 20,000 in-housecounsel and senior corporate management in ten
jurisdictions were invited to take part in theconfidential survey online or at one of Pacific
Business Press’ 17 annual In-House Community
Congress or Symposium events held each year
across the region.
The survey contains questions (multiple choice
where appropriate) which canvass views of thestate of the in-house community in each jurisdiction, and areas of consideration and concern inrespect of utilising and retaining the services ofexternal counsel. In collating the regional trends,
results from China, Hong Kong, India, Indonesia,
Japan, Malaysia, Singapore, South Korea andThailand were aggregated together with resultsfrom the UAE.

Firms of the Year 2013
The Representing Corporate Asia & Middle East Survey
2013 also provided in-house counsel with an opportunity torecognise the law firms which have made a significant
impression on them in the past year. Based on the votes andtestimonials from hundreds of in-house lawyers from acrossthe region, our Firms of the Year 2013 is not intended to be

Volume 11 Issue 5, 2013

Figure 3: How big is your in-house legal/compliance team?

1 person

5.7%

2 – 5 people
6 – 20 people

47%

8.2%
5.9%

21 – 50 people
51 people or more

33.2%

Figure 4: In the coming year, do you expect yourin-house team to …

1.3%
Grow
ShrinkRemain thesame size

42.4%
56.3%

23

Representing Corporate Asia & Middle East

Figure 5: What is the most common way your company locates andhires its in-house lawyers?

Placing job advertisements

35.6%

Referrals by otherin-house lawyers

26.8%

Using online job sites

10

20
30
40
(% of respondents)

50

Figure 6: In the coming year, do you expect to use

external counsel …

More
Less
About the same

55.6%

an inventory of the largest or most active firms practising in Asia
Pacific or the Middle East, but rather a genuine representation of
the firms which have made the most positive impression on theirclients for a range of reasons, whether it be because of a firm’s
expertise or responsiveness, its reputation, or perhaps the flexibility it shows its clients.
For a look at this year’s winners, please turn to page 51.
Where appropriate, both a ‘local firm’ (i.e. a firm which originated in that jurisdiction) and an ‘international firm’ have beenhonoured. Honourable Mentions have also been awarded to themany firms who received a high number of votes and strong recommendations in certain practice areas.

REGIONAL TRENDS
The break-down of survey results at a jurisdictional level over thefollowing pages provides a fascinating insight into how in-housecounsel across the region may differ when it comes to their selection of external counsel, the outlook for their teams and the mostpressing issues they expect to face in the coming year.
But before we delve into the potential nuances of jurisdictional influences, it is interesting to first gain an appreciation of
how the in-house community – comprised of a diverse web of

24 ASIAN-Mena COUNSEL

Responsiveness

35.7%
30.6%
25.4%
20.8%

Company list of approved
outside counsel
Flexible billing policies

5.1%

37.2%

37.3%

company and law firm
Personal relationshipwith a lawyer

7.7%

7.3%

Reputation of law firm

Relationship between

15.8%

0

53.5%

Reputation of individual lawyer

17.3%

Other

74.5%

Fees

23.2%

Referrals by others
in your company
Referrals by yourexternal counsel
Hiring directly fromexternal counsel

external counsel?

Expertise in a specific area

55.8%

Legal recruiters

Figure 7: Which factors most influence your choice of

60

16.9%
14.6%

Size of law firm

9.7%

Lawyers with certain cultural/
language skills

8.3%

Brand name of law firm

8.1%

IT utilization

5.3%

Free know-how (for example,
legislative updates)

5.1%

Low lawyer/ staff turnover

2.6%

Reach/ office location

2.6%

Other

1.1%
0

20

40
60
(% of respondents)

personalities working within different industries, company parameters and legal frameworks – operates on a regional basis.
Almost 40 percent of all survey respondents in 2013 carry theflag as the most senior legal stakeholder in their company, bearing
the title of General Counsel, Head of Legal/Compliance or SeniorCounsel, whilst 84.01 percent of all participants classify themselves as in-house counsel of one level or another. Another 6.57
percent of respondents constitute non-legal directors (including
Chief Executive Officer, Chief Operating Officer, Chief Financial
Officer or Vice President) who, in the absence of a dedicated inhouse legal team, have assumed responsibility for securing theservices of external law firms. The remaining 9.4 percent – a mixof non-legally qualified Managers, Supervisors and Analysts –told us they are also accountable for retaining external lawyers onbehalf of their company. (Figure 1)
As was the case in 2012, of the many hundreds of survey
participants in 2013 the majority came from the Financial Services
industry (22.7 percent), the sector narrowly edging out competition from Energy/Natural Resources (polling in second position
on 19.9 percent) and Manufacturing (coming in third with 17.9
percent of the votes). Given their prominence across Asia Pacificand the Middle East, it is unsurprising that each of these industries

www.inhousecommunity.com

80Asian-mena Counsel – In-House Community Survey 2013

has garnered strong regional representation in the survey
Figure 8: Which issues have you found to be of concern whenresults of recent years also, alongside Technology, Media &dealing with external counsel in the past 12 months?
Telecommunications which attracted 15.62 percent of votes
Excessive fees
53.3%
to secure fourth place in 2013. (Figure 2)
Failure to completely understandWhen it comes to size of in-house legal teams across the27.3%
our business/company
region, it appears that small to medium works best. Close to
Failure to answer our questions/25.9%
concerns in a reasonable time
half of all participants told us they work in teams of 2-5
Lack of updates/
23.4%
people (47 percent), whilst a substantial 33.2 percent indinews on our matterscated their team was 6-20 people in size. Teams of 21 people
Work performed slowly/ inefficiently
21.8%
or more are less common across the Asia Pacific and Middle
Unexplained fees
20.8%
East (11.6 percent), whilst 8.2 percent of participating legal
Lack of involvement andcounsel act independently in their roles without the benefit
15.1%
input by partnersof any in-house legal support. (Figure 3)
14.6%
Missed deadlines
On a positive note, the outlook for legal job market
14.1%
Wrong/ bad advice given
appears solid, with 42.4 percent of respondents predicting
their teams will grow in size in the next 12 months. In the
Frequent turnover of lawyers
10.6%
absence of any growth, job stability remains a likely cer5.6%
Change of responsible partner
tainty; only a meagre 1.3 percent of survey participants
3.5%
Ethical conflictsignalled any expected shrinkage in team size in the
coming year (a further drop from 3.72 percent of respondPersonality conflict 2.1%
ents in 2012). (Figure 4)
Other (please specify) 1.6%
As for hiring trends across the region, legal recruiters areexperiencing a surge in popularity; not only do they remain
Bad firm publicity 1.1%
the most common way to locate corporate lawyers in 2013,
Deteriorating brand name/ 0.9%
but the proportion of respondents willing to engage theirreputation of law firm
services has jumped from 43.09 percent in 2012 to 55.8 per0204060cent this year. More than one third of all respondents find the(% of respondents)
direct placement of job advertisements (35.6 percent) a
useful means to source new in-house talent, whilst referrals
from other in-house lawyers (26.83 percent) and even company
Excessive fees was easily the stand-out factor troubling thecolleagues (17.3 percent) carry more weight than those from exterhighest proportion of respondents (53.3 percent) in 2013 when
nal counsel (15.8 percent). Interestingly, only a very small proporasked to identify the issues they have found most concerning intion of respondents admitted they are likely to hire lawyers directly
their dealings with law firms in the past 12 months. There wasfrom their external counsel (7.7 percent). (Figure 5)
little to split the next five issues, a mere 6.5 percent separating thesecond most common complaint – a failure by external lawyers toExternal Counsel
completely understand their client’s company/business (27.3 perComplimenting the anticipated growth of in-house teams is thecent) – from that of unexplained fees, which polled in sixth posiprediction by 37.2 percent of respondents of a need to utilisetion having attracted 20.8 percent of the votes. (Figure 8)
external legal counsel at increased levels in the coming year,
A clear message can be found in the consistency of thewhilst 55.5 percent anticipate levels of engagement will remain
responses year-on-year for any law firms wishing to address theirsteady. (Figure 6)
clients’ concerns. The same top ten criteria were identified by
When it comes to the all-important choice of external counsel,
respondents in 2013 in the same order as 2012, with the exception
just how do in-house counsel separate the wheat from the chaffof two small movements. The failure by external practitioners towith so many firms competing for their business? (For a compreunderstand their in-house client’s business/company has jumped
hensive overview of the law firms operating across the region, seefrom third to second position, whilst missed deadlines shifted up
the jurisdictional at-a-glance activity tables at www.inhousecomfrom ninth into eighth spot in 2013.
munity.com).
For the fifth year in a row in-house survey respondents
confirmed that expertise in a specific are (74.5 percent) presides
Jurisdiction by Jurisdiction
as the dominant factor, a solid increase from 62.26 percent in
And now for a look at how things stand at a jurisdictional level.
2012. Meanwhile, fees (53.5 percent), a law firm’s reputation(37.3 percent) and its levels of responsiveness (35.7 percent)
CHINA
remain persuasive, with each continuing to poll in the top four
Manufacturing reaped the lion’s share of votes when it came toyear-on-year. (Figure 7)
industry selection in China, claiming 37.9 percent of respondents

Volume 11 Issue 5, 2013

80

25

Representing Corporate Asia & Middle East

External Counsel

CHINA
Figure 9: Which factors most influence your choice of external counsel?

Expertise in a specific area

85.4%

Fees

63.1%

Reputation of individual lawyer

34%

Responsiveness

33%
31.1%

Reputation of law firm
0

20

40
60
80
(% of respondents)

100

Figure 10: Which issues have you found to be of concern when dealing

with external counsel in the past 12 months?
Excessive fees

38.8%

Failure to completely understandour business/company

35%

Lack of update/news on our matters

23.3%

Lack of input/
involvement by partners

21.4%

Failure to answer questions/concerns in reasonable time

21.4%
0

20

40
60
80
(% of respondents)

in 2013. Although some way off the pace, the Technology, Media& Telecommunications (15.5 percent) and Energy/Natural
Resources (12.6 percent) sectors were next in line, taking out
second and third polling positions, whilst Financial Services fell
from second to seventh place in 2013 with only 6.8 percent ofvotes. Just over half of survey respondents from China told us theywork in in-house teams of 6-20 people in size (50.9 percent), followed by 33.6 percent who work in teams of 2-5 people.
Despite the IMF’s decision to trim its Chinese growth forecasts in April following Beijing’s shock announcement of a downturn in the first quarter of 2013, one third of survey participants
indicated their in-house legal team is expected to grow in size inthe coming year (33.9 percent), the vast majority citing businessexpansion plans. Further bolstering this positive sentiment, job
security for in-house counsel appears assured, with not one participant predicting any loss in headcount in the coming year.
Legal recruiters continue to reign supreme in the PRC when it
comes to finding new talent for in-house legal teams (81.6 percent), crushing competition to easily stand apart from the next
most popular methodologies including the placement of job advertisements (26.2 percent), using online job sites to source candidates (25.2 percent), and referrals from other in-house lawyers(24.3 percent).

26 ASIAN-Mena COUNSEL

100

Just over half of our survey respondents (57.5 percent)expect to maintain current levels of service from their external firms as we move forward towards 2014. Meanwhile, a
healthy 38.7 percent anticipate a need for greater assistancein the coming year, many commenting on the expanding
business needs of their companies – including M&A opportunities and other projects – and a legal environment growing in complexity. One respondent noted a desire to “engage
external legal opinion in order to share the risks of legal
decisions,” whilst another felt he would benefit from “helpto establish fundamental rules, policies and guidelines forthe company.”
So just how do in-house counsel in Asia’s largest economy select their law firms? Whilst one quarter of respondents take their lead based on whether a firm is already on ancompany-approved list of external counsel (25.2 percent),
as in 2012 expertise in a specific area (85.4 percent) andfees (63.1 percent) proved vastly more influential when it
comes to selection, whilst the reputation of an individual
lawyer (34 percent) has risen in prominence to secure third
place. (Figure 9)
Excessive fees (38.8 percent) remain the biggest concern
for in-house lawyers in China in their dealings with law
firms, whilst a lack of updates/news on matters (23.3 percent)has risen from fifth to third position in 2013. (Figure 10)

Key issues and concerns

When asked to identify the biggest issues currently facing
in-house counsel in the PRC, a strong chorus of survey
respondents told us that compliance continues to be a big issue,
whilst for some the swiftness of China’s recent economic growth
has outpaced the ability of law-maker to keep up to speed, meaning
current laws or regulations do not adequately address a multitudeof issues. A number of the in-house lawyers expressed frustration
with a lack of transparency in China’s legal system, whilst one
respondent lamented the limited resources in third and fourth tiercities when it comes to choosing suitable external counsel.
Moving forward, compliance and associated legislation
including the Foreign Corrupt Practices Act (FCPA) are likely
to remain one of the major headaches for in-house counsel in the
PRC, whilst regulatory developments at a local level – including
RMB internationalisation and the liberalisation of China’s securities market – will continue to require attention over the next
12 months.

HONG KONG
Financial Services dominated the field when it came to industry
representation in Hong Kong, snaring a clean 50 percent of thesurvey votes, whilst Technology, Media & Telecommunications(15.3 percent) and Real Estate/Construction (11.1 percent) were
the next best-represented sectors in 2013.

www.inhousecommunity.com

Asian-mena Counsel – In-House Community Survey 2013

ASIAN-MENA COUNSEL In-House Community
Firm of the Year 2013

ASIAN-MENA COUNSEL In-House Community Firm of the Year 2013 in Indonesia for:- Banking & Finance- Compliance/Regulatory- Energy & Natural Resources- Most Responsive Domestic Firm
Honourable Mention:- Capital Markets- Corporate and M&A- Islamic Financelocal expertise global professional standards

Volume 11 Issue 5, 201327

Al Tamimi (LEFT)     
So  are  we...

   As  the      Al  Tamimi  &  Company  knows  more  than  just  the  law.  We  pride  ourselves  on  understanding  the  business  environment                 We  have  the  knowledge,  expertise  and  cultural  awareness  to  ensure  that  our  clients  are  at  the  forefront  of  doing  business  in  the  Middle  East.

 

I      6  Countries      I      280  Lawyers  www.tamimi.com

Asian-mena Counsel – In-House Community Survey 2013

It appears to be increasingly rare for in-house counsel tosolely shoulder the burden of their company’s in-house legal
work, with only 2.5 percent of survey respondents indicating they work alone (down from 10.34 percent in 2012). Far
more common are legal teams of 2-5 people (43 percent)and 6-20 people (35.4 percent) in size. Of the 60.8 percent
of respondents who anticipate their teams will remain thesame size in the coming year, the majority indicated thatcost cutting measures would prevent any increase in headcount, whilst a healthy 38 percent told us their team waslikely to grow in the next 12 months, namely owing to business expansion.
Like their mainland counterparts, in-house counsel inHong Kong are most likely to engage the services of legal
recruiters (63.9 percent) when it comes to finding suitablelawyers to join their team, whilst only a tiny proportion
will poach talent from their external law firms (4.2 percent). A healthy proportion of respondents also see value
in placing job advertisements (40.3 percent) whether
online or in print media.

HONG KONG
Figure 11: Which factors most influence your choice of external counsel?

Expertise in a specific area

66.7%

Fees

47.2%
36.1%

Responsiveness
Relationship between
company and law firm

31.9%

Reputation of a law firm

30.6%

Reputation of individual lawyer

30.6%
0

20

Law firms will take comfort from the fact that the numberof survey participants who expect their usage of externalcounsel to decline in the coming year is negligible (1.3 percent), with a robust 34.7 percent telling us they will need toengage their external lawyers at greater levels for theremainder of 2013 and beyond. A range of reasons were100

Figure 12: Which issues have you found to be of concern when dealing

with external counsel in the past 12 months?
Excessive fees

52.8%

Failure to completely understandour business/company

36.1%

Unexplained fees

External Counsel

40
60
80
(% of respondents)

27.8%

Work performed slowly/
inefficiently
Wrong/bad advice given

16.7%

Failure to answer our questions/concerns in a reasonable time

16.7%

19.4%

0

20

40
60
80
(% of respondents)

100

India
ANAND AND ANAND
IP365° Leading Innovating Inspiring

Noida Delhi Chennai Mumbai

Anand and Anand is a full service IP law firm,
providing end-to-end legal solutions covering
all the cross-sections of IP domain. The firm isprofessionally managed by a partnershipboard comprising of 19 partners assisted by aCEO, CFO, chartered accountants, businessconsultants and IT experts. The firm’s current
strength is 250, which includes 85 qualified
attorneys and engineers, and over 150
members in support services including am a n a g e m e n t t e a m , p a r al e g a l s a n dresearchers. Their lawyers are fluent in English
and Hindi and are based in New Delhi, Noida,
Chennai and Mumbai.
Their clients consists of several large
multinational and Indian companies
representing a broad spectrum of industries
including Health Care, Electronics, Consumer
Goods, Industrial Goods, Automobiles, Wind
Energy, Technology, Financial Institutions,
Hospitality and Entertainment. The firm has anextensive intellectual infrastructure in all the
aspects related to Trademark registrations,
Copyright registrations, and IP monetization as

Volume 11 Issue 5, 2013

well as in Licensing and franchising. The firm
also has an in-house ‘Anti-Counterfeiting’ and‘Anti-Piracy’ team, dedicated to provide theclients pro-active and robust legal protection
for safeguarding the brand identity in thecommercial space.
Anand and Anand has an industry wide
acclaimed prominence and leadership in the
I P s p a c e . T h e i r e x p e r t i se i s w i d e l yacknowledged in addressing complex IP
challenges of all hues. They have been
servicing a diverse profile of clients inconventional areas of trademarks, patents,
designs, trade secrets and confidential
information as well as expanded areas ofintellectual property such as EMRs, domainnames, media and entertainment law, IT ande-commerce, Technology transfer and issues
on the internet and privacy laws. Anand andAnand specialises in Copyright - Media,
Entertainment Law and represents authors,musicians, software programmers, artists,
designers and many others from the fraternityof copyright owners as well as collecting
societies such as IPRS (Indian Performing Rights
Society).
The firm has a substantial techno-legal
expertise and valuable insight into strategic
and procedural issues and a wealth ofexperience in patent prosecution and litigation
to advise, assist and equip international anddomestic clients with comprehensive andinnovative intellectual property solutions in thisdomain. The firm’s capabilities include drafting,filing and the prosecution of patents in diverse
disciplines.
CATEGORIES OF WORKPatents, Designs, Litigation and dispute
resolution, Trademarks, Copyright,
Antitrust/competition, Compliance/
regulatory, Agreements and commercial
exploitation of IP licensing and franchising law,Tax advice on IP matters, Packaging law,
Advertising law, Custom recordal andenforcement, Domai n na me di sp utes ,Investigations, Sports law, Media andentertainment law

ANAND AND ANAND
Contacts: Pravin Anand, Safir Anand
Debjit Gupta, Binny Kalra
Archana Shanker
Plot No. 17A, Sector 16A, Film City
Noida 201301 (UP) India
Tel: +91.120.4059300 (100 Lines)
Fax: +91.120.4243056-058
Email: email@anandandanand.com
Website : www.anandandanand.com

29

Representing Corporate Asia & Middle East

provided, from grappling with new regulations and tightening
regulatory controls to business growth and diversification, including company initiatives in areas which the in-house team does nothave existing experience.
When it comes to selecting from the vast number of law firms
in the Special Administrative Region, in-house counsel in Hong
Kong told us they would be guided by expertise in a specific area
first and foremost (66.7 percent), with a law firm’s fees (47.2 percent) and levels of responsiveness (36.1 percent) the next mostpersuasive factors. Firms hungry for business should not discountthe impact of effective relationship-building with their clients (31.9
percent), whilst reputation – both of a firm and individual lawyer(30.6 percent apiece) – also counts in this town. (Figure 11)
Fees have proved a concerning issue for the majority of inhouse respondents in their dealings with external counsel in thepast 12 months; 52.8 percent believe they have faced excessive
billing, whilst 27.8 percent have also been troubled by unexplained fees (which received the third-highest number of complaints). Securing second polling position with 36.1 percent ofvotes was a failure by law firms to properly understand their client’s business/company, whilst in fourth place, 19.4 percent of all
respondents felt outsourced legal work is being performed too
slowly or inefficiently. (Figure 12)

Key issues and concerns
Sitting in a key regional hub, it is unsurprising that a multitude of
in-house respondents indicated that staying abreast of numerous

30 ASIAN-Mena COUNSEL

laws and regulations acrossjurisdictions was a major challenge currently facing inhouse counsel in Hong Kong.
As one participant noted, “We
face a complex regulatoryenvironment in the context ofgrowing our business inemerging markets... there is no doubt the cross-border nature of
the business adds to the overall complexity of our work.” Amid
tightening regulatory scrutiny, another spoke of the difficulty of,“Getting to grips with the impact of operating in a global environment and the reach of foreign jurisdictions.”
Several respondents voiced uncertainty about how best to
establish strong relationships with their non-legal colleagues whilst
also having to act as “gatekeeper” in both a legal/compliance sense
and when managing or advising on risks. Retention of strong inhouse counsel also appears problematic from a costs perspective,
whilst at the other end of the talent spectrum numerous survey
participants identified a skills shortage amongst potential candidates where approval for additional headcount had been obtained.
Compliance was the prevailing reply from in-house counsel inHong Kong when asked to identify the greatest challenges they
will face in the next 12 months, whilst those in the financial services sector expect to continue to grapple with the effects of Basel
III and US-led initiatives including the Dodd-Frank Act and its
Volker rule.
“We face a complex
regulatory environment
in the context of growing
our business inemerging markets ...”

www.inhousecommunity.com

Chandler & Thong-ek Law Offices Limited
7th – 9th Floor, Bubhajit Building
20 North Sathorn Road
Bangkok 10500, Thailand
T: +662 266 6485
F: +662 266 6483/4
E: chandler@ctlo.com
www.ctlo.com

Chandler & Thong-ek Law Offices Limited was established since 1974 and has engaged in a
Thai business and finance law practice, representing a number of major Thai and international
clients in a wide range of investment projects and financial transactions. C&T received the
IFLR Award for Thai National Law firm of the Year 2013 for the 13th year in a row, andAsian-mena Counsel’s In-House Community Firm of the Year 2013. We are recognized bylegal directories such as IFLR1000 2013 (Top Tier Firm), The Asia Pacific Legal 500 2013
(Top Tier Firm), and Chambers Asia Pacific 2013 (Leading Firm).
Major Investment Project • Banking & Project Financing
Securities • Corporate & Acquisition
Petroleum & Minerals • Restructuring
Dispute Settlement • E-Commerce
International Business Transactions
Tax • Government Contracts

C&T has an associate office in Myanmar:

Myanmar Legal Services Limited

Room 117, Inya Lake Hotel
37 Kaba Aye Pagoda Road, Mayangone Township
Yangon, Myanmar
T: +951-657792; +951-650740
F: +951-650466
E: kckyi@mlslyangon.com; chapman@mlslyangon.com
www.myanmarlegalservices.com

Representing Corporate Asia & Middle East

INDIA

INDIA
Figure 13: Which factors most influence your choice of external counsel?

Expertise in a specific area

86.7%

Responsiveness

60%

Reputation of a law firm

51.1%

Fees

48.9%

0

20

40
60
80
(% of respondents)

100

Figure 14: Which issues have you found to be of concern when dealing

with external counsel in the past 12 months?
Excessive fees

68.9%

Unexplained fees

31.1%

Failure to completely understandour business/company
Lack of update/news on our matters

28.9%
28.9%

Lack of involvement andinput by partners

22.2%
0

20

40
60
80
(% of respondents)

100

The Energy/Natural Resources sector jumped from fourth
position in 2012 to finish in a dead heat with Technology,
Media & Telecommunications as the industries best-represented by survey respondents from India in 2013 (each sector
attracted 28.9 percent of the votes apiece). Financial Services
was next in line (18.4 percent), narrowly beating Manufacturing(17.8 percent) to take out third position this year.
The majority of survey respondents told us they work inteams of 2-5 people (52 percent), whilst just over one quarter work alongside colleagues numbering 6-20 people (26percent). India was second only to South Korea in having
the highest number of survey participants to work in inhouse legal teams of 21-50 people in size (12 percent),
whilst a staggering 62 percent of respondents expect theirteams to grow in the coming year (the highest growth estimation from any jurisdiction), predominantly in order tosatisfy increasing business demands.
When it comes to recruitment, using the services of aprofessional remains the most popular way to locate suitablein-house counsel (64.4 percent). Yet the value of a recommendation cannot be ignored in India; over half of all
respondents are heavily influenced by a referral from fellow
in-house counsel (51.1 percent), whilst 31.1 percent also
respect referrals from external counsel.

External Counsel
More than one third of survey participants anticipate a

Korea’s
Premier Law Firm
Driving Excellence
to Help Clients Succeed

ASIAN-MENA COUNSEL Firm of the Year 2013www.kimchang.com

32 ASIAN-Mena COUNSEL

www.inhousecommunity.com

Drew & NapierFP

Representing Corporate Asia & Middle East

need to engage external counsel at greater levels in the coming
12 months (36 percent), a number predicting that an increase inlitigation will prompt the need for additional specialist guidance. Meanwhile, 10 percent of participants have indicatedlevels of use are in fact likely to decline as greater emphasis isplaced on enhancing legal expertise internally to prevent unnecessary outsourcing.
The top factors most likely to influence in-house counsel in
India in their selection of law firms remain unchanged from 2012
to 2013, with expertise in a specific area (86.7 percent), responsiveness (60 percent), reputation of a law firm (51.1 percent) andfees (48.9 percent) once again polling in the same order. The fact
a firm has been pre-selected as company-approved outside counsel (24.4 percent) has jumped up from eighth (14.81 percent) into
equal fifth position in 2013. (Figure 13)
The issue of fees dominated responses from survey participants
when asked to identify the issues of most concern in their dealings
with external counsel in the past year. Excessive fees (68.9 percent)easily snared first position, whilst close to one third of participantsalso voiced concern over the existence of unexplained fees (31.1
percent). Tied for third position was a lack of updates/news on matters and a failure by firms to understand their clients’ business/company, each securing 28.9 percent of the votes. (Figure 14)

survey respondents should not go unrecognised. However, a large
proportion of respondents were unified in their identification ofseveral issues in particular. Judicial delays and a slow litigation
process were lamented by many, whilst difficulties with securing
law firms at competitive rates who can also dispense advice in atimely manner – in addition to a shortage of talented advocates
who are reasonably priced – were also widely spoken of. For
some, acceptance of the role of the in-house lawyer by business
units presents its own set of problems. As one respondent noted,“The authenticity of in-house legal advice remains a question
mark, as to date it has been treated as a support function since it
is not a revenue-generating department.”
Asked to identify the issues which are likely to require themost attention from in-house counsel in the coming 12 months,
survey respondents told us that remaining abreast of India’s shifting regulatory regime, and ensuring compliance with relevantinternational and local standards and laws, would be amongst thebiggest challenges. Specific mention was made of the proposed
amendments to the Indian Companies Act, 1956, whilst some inhouse counsel wish to obtain a better understanding of theCompetition Commission’s rules and regulations.

Key Issues and Concerns

A strong response rate saw the Energy/Natural Resources sector
emerge as the clear leader of all industries in Indonesia in 2013,
drawing the largest number of votes (37.8 percent) from survey

When asked to identify the biggest challenges currently facing
in-house counsel in India, the breadth of answers offered by

INDONESIA

Kuala Lumpur
Level 16, Menara Tokio Marine Life
No. 189, Jalan Tun Razak
50400 Kuala Lumpur, Malaysia
Tel: (+603) 2161 2330
Fax: (+603) 2161 3933
PenangSuite S-21-E & F
21st Floor, Menara Northam
No. 55, Jalan Sultan Ahmad Shah
10050 Pulau Pinang, Malaysia
Tel: (+604) 370 1122
Fax: (+604) 370 5678
Johor
Suite 21.04
21st Floor, Public Bank Tower
No. 19, Jalan Wong Ah Fook
80000 Johor Bahru, Malaysia
Tel: (+607) 278 3833
Fax: (+607) 278 2833

www.lh-ag.com
34 ASIAN-Mena COUNSELASIAN-MENA COUNSEL‘IN-HOUSE COMMUNITY FIRM OF THE YEAR’2013
IN MALAYSIA
Employment
Intellectual Property
Taxation
We thank all our valued clients for their continuous support

EXCELLENCE  COMMITMENT  INTEGRITY

www.inhousecommunity.com

King & Wood Mallesons

FPRepresenting Corporate Asia & Middle East

INDONESIA
Figure 15: Which factors most influence your choice of external counsel?

Expertise in a specific area

75.7%
62.2%

Reputation of law firm

58.1%

Fees
Responsiveness

47.3%

Relationship between
company and law firm

29.7%
0

20

40
60
80
(% of respondents)

100

Figure 16: Which issues have you found to be of concern when dealing

with external counsel in the past 12 months?
Excessive fees

51.4%

Lack of updates/
news on our matters
Failure to completely understandour business/company

23%
23%

Failure to answer our questions/concerns in a reasonable time

21.6%

Work performed slowly/
inefficiently

20.3%
0

20

40
60
80
(% of respondents)

100

participants. The bulk of the remaining participants aligned
themselves with the Financial Services (18.9 percent),
Manufacturing (16.2 percent) and Technology, Media &Telecommunications (9.5 percent) sectors.
It is most common for in-house counsel in Indonesia towork in teams of 2-5 people in size (61.3 percent), with 10.7
percent of survey respondents shouldering the internal legal
work load on their own, and just over one quarter working
in medium-sized teams of 6-20 people (26.7 percent). Only
1.3 percent of all respondents work in an in-house team of
21 people or more.
A robust 60 percent of survey participants told us
they expect their in-house teams to increase in size
before the end of this financial year; of this number, astaggering 73 percent identified business expansion and/or diversification as the underlying reason for suchgrowth. An existing adequacy of current resources, or amandate to improve efficiency, were the main reasonsprovided by the 37.3 percent who said their team would
likely remain the same size.
Unlike in previous jurisdictions, legal recruiters haveto work harder for a crust in Indonesia and although a
respectable 32.4 percent of in-house respondents are willing to utilise their services when looking to boost team
numbers, a greater proportion prefer to be guided byreferrals from in-house counterparts or to place job advertisements themselves (35.1 percent apiece). Nearly one
third of survey participants also see value in searchingwww.lgsonline.com
In   our   more   than   28   years   of   service   we   have   secured   our   position   as   the   premier  Indonesian   corporate   transaction   and   commercial   litigation   law   firm.   We   have  experience  representing  a  diverse  range  of  clients,  including  domestic  and  multinational  corporations,   public   and   private   companies,   Government   instrumentalities   and   State  Owned  Enterprises.
We  work  closely  with  our  clients  to  understand  the  challenges  they  face,  determine  their  needs,  and  arrive  at  practical  solutions  that  are  both  cost-­effective  and  viable  over  the  long  term.  We  approach  assignments  with  a  pragmatic  view  that  is  driven  by  a  deep  understanding  of  business  needs  and  of  the  surrounding  practicalities  of  the  legal  and  business  landscape.
Lloyd’s   Register   Quality   Assurance   certifications   of   ISO   9001:2008   for   Quality  Management  systems  and  ISO  14001:2004  for  Environmental  Management  systems  ensure  the  quality  of  all  aspects  of  our  operations  and  services.

Menara  Imperium  30th  Floor
Jl.  H.R.  Rasuna  Said  Kav.  1  Kuningan
Jakarta  12980,  Indonesia
Tel:  +62  21  831  5005      Fax:  +62  21  831  5015
Email:  lgs@lgslaw.co.id      Web:  www.lgsonline.com

36 ASIAN-Mena COUNSEL

www.inhousecommunity.com

Asian-mena Counsel – In-House Community Survey 2013

Pinsent Masons

FP

Pinsent Masons congratulates all of the
Asian-Mena Counsel’s Firms of the Year2013 winners
The Pinsent Masons TMT in Asia team has a stellar reputation for TMT sourcing and disputes,
intellectual property litigation and brand protection and data protection. We provide specialist
legal services and advise for a wide-range of TMT related projects across all sectors.
Peter Bullock
PartnerHong Kong
T: +852 2294 3438
E: peter.bullock@pinsentmasons.com

Kening Li
Partner
Shanghai
T: +8621 6138 1126
E: kening.li@pinsentmasons.com

Bryan Tan
Partner
Singapore
T: +65 (0)63 058 490
E: bryan.tan@pinsentmasons.com

www.pinsentmasons.com/asia

www.Out-Law.com© Pinsent Masons LLP 2013

Volume 11 Issue 5, 201337

Representing Corporate Asia & Middle East

online job sites to locate suitable candidates (32.7 percent),
whilst recommendations from non-legal colleagues pay dividends for 20.3 percent.

External Counsel
Despite internal growth being on the cards for the majority of inhouse survey respondents, only 32 percent anticipate any correlating growth in the service levels required of external counsel.
Indeed, 13.3 percent anticipate a reduction is usage levels, thesecond highest decline of any jurisdiction (Japanese respondents
have similarly predicted a decrease of 13.6 percent). Law firms
may, however, take comfort in the fact these statistics are marginally better than 2012 predictions, where 15.48 percent of Indonesian
respondents predicted a decline in levels of engagement.
Although excessive fees (51.4 percent) prevailed as the dominant issue for survey respondents in their dealings with externalcounsel in the past year, there is evident frustration regarding theperceived tardiness of some law firms when dealing with theirclients’ matters. Polling amongst the top five complaints were alack of updates/news on matters (in equal second position on 23
percent of votes), a failure by firms to answer questions/concerns
in a reasonable time (third position with 21.6 percent), and work
being performed slowly/inefficiently (fourth position with 20.3
percent). Respondents were also troubled by the apparent failureof their external counsel to completely understand their business/company (also tied for second place on 23 percent). (Figure 16)

Key Issues and Concerns
Uncertainty of law – owing to a fluctuating regulatory environment, changes in government policy and general inconsistency of
law-makers – was a popular response from survey respondents
when asked to identify the main challenges currently facing inhouse counsel in Indonesia. A notable proportion of participants
have also sought to raise awareness of the need for compliancerelated behaviour amongst business units, although corruption
remains an obstacle to success. As one participant commented,“Implementing the principles of the Foreign Corrupt Practices Act(FCPA) in Indonesia is very difficult, as corruption is growing inalmost every government sector.”Moving forward, theissues raised as being likely to“Implementing therequire the most attention
principles of the Foreignfrom in-house counsel in the
Corrupt Practices Act
next year were many and(FCPA) in Indonesia isvaried, with the introduction
very difficult ...”of new regulations in thefinancial services and mining
sectors given special emphasis. A number of respondents will also continue to address theongoing problem of bribery by educating their internal clients on
how to conduct business whilst maintaining appropriate ethicalstandards of behaviour.

“Solving a Legal Problem Means More than Knowing the Law”
Makes & Partners is an independent, innovative and creative Indonesian law firm and a leader in the Indonesian
corporate finance and corporate commercial legal services market. It promotes the commercial interests of clientsby providing efficient and high quality legal services to Indonesian and international clients.
The Firm’s practice areas include, among others, capital markets, mergers and acquisitions, corporate finance,banking, project finance (including public utilities projects such as power plants and gas pipelines), corporate
and debt restructurings.
Makes & Partners is the exclusive member firm in Indonesia of TerraLex®, a prestigious global organization oflaw firms.
Contact Information:
Menara Batavia, 7th Floor, Jl. K.H. Mas Mansyur Kav. 126, Jakarta 10220, Indonesia
Tel: +62 21 574 7181 Fax: +62 21 574 7180 Email: makes@makeslaw.com
Contact Persons: Yozua Makes, Iwan Setiawan, Irfan Ghazali and Fransisca
Web: www.makeslaw.com

38 ASIAN-Mena COUNSEL– An –

IN-HOUSECOMMUNITY

2013

www.inhousecommunity.com

PricewaterhouseCoopers
Legal & Tax Consultants Ltd.
15th Floor Bangkok City Tower
179/74-80 South Sathorn Road
Bangkok 10120, Thailand
Tel:
Fax:

(66) 0 2344 1000(66) 0 2286 9999
(66) 0 2286 2666(66) 0 2286 2440

Website: www.pwc.com/thYear Established: 1959

Contacts: Thavorn Rujivanarom, Lead Tax partner
Email: thavorn.rujivanarom@th.pwc.com
Siripong Supakijjanusorn, Partner, Head of Legal Services
Email: siripong.supakijjanusorn@th.pwc.com
Number of Partners: 12

Number of Employees: 150

Offices in Asia: Thailand, Malaysia, Singapore, Indonesia (including Timor
Leste), Philippines,Vietnam, Cambodia, Myanmar, Laos, China, Taiwan,
Hong Kong, South Korea, Japan, India, Sri Lanka (including Maldives),
Pakistan (including branch office in Afghanistan), Bahrain, Egypt, Iraq,
Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, United ArabEmirates, Dubai , West Bank & Gaza, Israel

Languages Spoken: Thai, English and Japanese.

Firm Profile
PwC has had a presence in Thailand for more than 50 years. Our services are spread across Assurance, Tax and Advisorylines of service. Our integrated tax and legal services cover all aspects of taxation, together with a full range of legal
services. Our experienced team possesses in-depth industry knowledge in Thailand, and combined with our global
network, this allows PwC to deliver appropriate tax and legal solutions, formulate strategies, create innovative tax
planning, and help our clients to manage implementation and risk.
We can help our clients solve complex issues and identify opportunities. The combined experience of our staff,
together with the resources of our global networks, allow us to provide the professional services our clients need. We startby getting to know you. You do the talking, we do the listening. Our tailored solutions will help you meet the challenges
and opportunities of doing business in the Thailand market and beyond.
Our practice areas include:
Tax Services• Tax Compliance Services• VAT (Indirect Taxation)• Tax Structuring• Tax Mergers and Acquisitions (M&A)• Tax Dispute Resolution• Transfer Pricing

Legal Services• Commercial Contracts• Corporate Secretarial Services• Mergers & Acquisitions• Employment• Property• Litigation & Dispute Resolution• BOI services

Other Services• International Assignment Services(IAS)• U.S. Tax Desk
• Japanese Business Services• Outsourcing Services

Our work with leading companies across multiple industries helps make business happen in over 158 countries aroundthe world. PwC Thailand helps organisations and individuals create the value they’re looking for. We are a member of the
PwC network of firms in 158 countries with close to 169,000 people.

Recognition and Awards:
•
•
•
•
•
•

Asian-mena Counsel In-House Community Tax Firm of the Year in Thailand, 2012 and 2013
Transfer Pricing Firm of the Year – Bangkok’ and ‘Thai Big Four Tax Team of the Year’ at the Acquisition International
Tax Awards, 2012
Thai Corporate Tax Firm of the Year 2012 M&A Award as voted by Acquisition International Magazine
Tax Firm of the Year 2010-2011" as voted by the International Tax Review (ITR)
Tax Firm and Transfer Pricing Firm of the Year 2009 as voted by the International Tax Review (ITR)
Tax Firm and Transfer Pricing Firm of the Year 2007-2008 as voted by the International Tax Review (ITR)Representing Corporate Asia & Middle East

JAPAN

JAPAN
Figure 17: Which factors most influence your choice of external counsel?

Expertise in a specific area

100%

Personal relationship with a lawyer

50%

Reputation of individual lawyer

50%

Fees

48%

Relationship between company
and law firm

38.9%
0

20

40
60
80
(% of respondents)

100

Figure 18: Which issues have you found to be of concern when dealing

with external counsel in the past 12 months?
Excessive fees

50%

Unexplained fees

27.8%

Work performed slowly/
inefficiently

22.2%

Missed deadlines

16.7%

Lack of involvement andinput by partners

16.7%
0

20

40
60
80
(% of respondents)

100

Showing its dominance, the financial services sector was
easily the most represented of all the industries in Japan in2013 (44.4 percent). But there was no doubting the resurgence of representation for the nation’s Energy/Natural
Resources sector, which regained second polling position(last held in 2010) with 16.7 percent of the votes after experiencing a significant decline in the last two years to fall toan all-time low of 4.17 percent in 2012. Telecommunications,Media & Technology also polled well (15.8 percent), sharing
third place with the category of ‘Other’ after the same
number of respondents indicated their company did not fallwithin any of the eleven identified options.
When it comes to team scale in Japan, it appears thatsize counts for something. Although close to two thirds ofsurvey respondents told us they worked in teams of 2-5
people or 6-20 people in size (31.8 percent apiece), mirroring regional results, the most interesting number to emerge
from this aspect of the survey is the fact that a sizable 22.7
percent of respondents work in in-house legal teams of 51
people or more. This figure overshadows corresponding
proportions of respondents in this category from any jurisdiction (the closest rival being Singapore on 14.3 percent)and far outweighs the number of Japanese respondents who
work alone (4.5 percent).
Coming out on top when it comes to sourcing new members for the in-house legal team, legal recruiters (used by

Teamwork wins awards.
Great clients and Mayer Brown JSM. It’s a dynamic team that creates award-winning work. That’s the power of teamwork.
We are pleased to have been named the Asian-Mena Counsel Firm of the Year 2013 in Hong Kong for:

Aviation
Litigation & Dispute Resolution
Real Estate/Construction
Honorable Mentions: Employment, Most Responsive International Firm in Hong Kong

Thank you to our clients and colleagues for their continued support.
Americas | Asia | Europe | www.mayerbrownjsm.com

40 ASIAN-Mena COUNSEL

www.inhousecommunity.com

Sharpening our
Asian network,
to give you the edge.
Rajah & Tann

FP

It’s been a while now since Rajah & Tann became
officially the largest law firm in Singapore andSouth East Asia. But it’s not in our nature to sit
back and admire the view from the top.
Instead, we’ve been moving rapidly forwardwith our strategy of expanding our regional
footprint, not just in order to extend our reachstill further, but to ensure that we are able tooffer truly seamless service and support toclients across the region.
Which means, quite simply, that wherever
you do business in SEA, we can give you theedge. From Bangkok to Shanghai, Yangon to
Ho Chi Minh City, you can rely on Rajah& Tann for the same winning combinationof exceptionally responsive service andworld class legal expertise, delivered by
locally-based lawyers with all the relevant
know-how of the business environmentand culture.
In short, for consistently excellent
performance and responsive service
across SEA, there’s only one name youneed to know.

Rajah & Tann LLP
Singapore | China | Malaysia* | Lao PDR | Vietnam | Thailand | Indonesia* | Cambodia* | Myanmar* associate firmwww.rajahtann.com

Representing Corporate Asia & Middle East

55.8 percent of survey respondents) will be pleased to learn that
42.4 percent of respondents predict a need to grow their teams in
the coming year. Indeed, any job security concerns remain at aminimum for in-house lawyers in Japan as we move towards 2014;56.3 percent anticipate that staffing levels will remain unchanged in
the next 12 months, leaving only a tiny 1.3 percent to envisage any
decrease in team size. In addition to employing the services ofrecruiters, those seeking to boost numbers are likely to place job
advertisements (35.6 percent) and rely on referrals from other inhouse lawyers, although the hunt for suitable talent may prove difficult. According to the 2013 Robert Walters Half-Year Market
Update, skilled professionals in the legal sector in Japan actively
looking to change companies are in short supply.

External Counsel
Close to one third of survey respondents expect they will need toengage external lawyers at a greater rate (31.8 percent) in the next
financial year, whilst the majority expect service levels to remain
at a similar level (54.5 percent).
In a remarkable first for any jurisdiction in any of ourRepresenting Corporate Asia & Middle East surveys conducted
over the past five years, survey respondents from Japan wereunanimous when it came to the factor which most influences theirchoice of external counsel. In 2013, an unprecedented 100 percent
of participants selected expertise in a specific area as the criteria of
most significance. Deviating from regional norms, in-house
respondents in Japan told us that personal relationships with their

42 ASIAN-Mena COUNSEL

external lawyers and the reputation of individual lawyers were alsostrongly influential (50 percent apiece), as is the relationshipbetween companies and their law firms (38.9 percent). (Figure 17)
Of course, the question of fees is never far out of mind forin-house counsel in any jurisdiction, and in Japan it polled as the
fourth most influential factor (with 48.7 percent of the votes) in2013 when it comes to the selection of law firms.
This trend continues when looking at the issues respondents
have found to be most concerning when dealing with externalcounsel in the past year, with excessive fees (50 percent) andunexplained fees (27.8 percent) taking out first and second place.
Meanwhile, 22.2 percent of survey participants have been troubled by work being performed slowly/inefficiently, whilst a lackof partner involvement/input was highlighted by 16.7 percent ofrespondents. (Figure 18)

Key Issues and Concerns
In addition to implementing
anti-corruption measures to“It can be difficult todeal with the likes of the FCPA,
translate or reconcile thewhen asked to identify the key
western approach withissues facing in-house counsel
eastern sensitivities”
in their jurisdiction several
survey respondents from Japan
told us that cross-culturalissues can be a problem. As one commented, “It can be difficult totranslate or reconcile the western approach with eastern sensitivi-

www.inhousecommunity.com

Asian-mena Counsel – In-House Community Survey 2013

Volume 11 Issue 5, 201343

Representing Corporate Asia & Middle East

MALAYSIA
Figure 19: Which factors most influence your choice of external counsel?

Expertise in a specific area

89.7%

Fees

ties.” Specific mention was also made of increasing regulatory scrutiny in the financial services sector.
Moving forward, in-house counsel expect to be challenged by Japan’s changing business and regulatory
landscape.

64.7%

Responsiveness

MALAYSIA

58.8%

Reputation of law firm

32.4%

Reputation of individual lawyer

26.5%
0

20

40
60
80
(% of respondents)

100

Figure 20: Which issues have you found to be of concern when dealing

with external counsel in the past 12 months?
Excessive fees

60.3%

Failure to answer our questions/concerns in reasonable time
Failure to completely understandour business/company

38.2%
35.3%

Lack of update/news on our matters

30.9%Work performed slowly/
inefficiently

29.4%
0

44 ASIAN-Mena COUNSEL

20

40
60
80
(% of respondents)

100

A strong response rate ensured that each of the eleven
identified industries were well-represented in Malaysia in
2013. Whilst Financial Services and Energy/Natural
Resources tied for first place (23.5 percent apiece),
Technology, Media & Telecommunications (13.2 percent),
Manufacturing (10.3 percent) and Real Estate/Construction(8.8 percent) also drew their fair share of the votes, inaddition to the 8.8 percent of survey respondents who told
us they came from a sector other than those nominated.
The vast majority of in-house respondents from Malaysia
told us they work in teams of 2-5 people (55.9 percent) or
6-20 people (30.9 percent) in size. In strong contrast to
results from Japan, only 2.9 percent of survey participants
work in teams of 51 people or more.
In line with data from 2012, respondents from Malaysia
yielded the lowest expectations of internal growth for theirin-house teams in the coming year (28.6 percent forecast an
increase in headcount), with most participants predicting
their current teams will remain the same size (68.3 percent)and sufficiently manage the anticipated workload moving

www.inhousecommunity.com

Asian-mena Counsel – In-House Community Survey 2013

forward. Where hiring is on the cards, exactly half of all respondents are inclined to take direct action by placing job advertisements (50 percent) themselves, with the next most popularmethods including the use of legal recruiters (36.8 percent) andusing online job sites to search for candidates (33.8 percent).

External Counsel
When it comes to the services of law firms, the vast majority ofsurvey respondents indicated that current levels of engagement will
be maintained in the coming year (70.8 percent). A number of participants noted that advisory work is increasingly being managed
in-house, with guidance sought from external counsel in litigious
matters and other specialist issues such as M&A and restructuring.
A firm’s expertise in a specific area (89.7 percent) is clearly the
primary consideration for survey respondents when selecting firms
to guide them on such matters, with the matters of fees (64.7 percent) and a firm’s level of responsiveness (58.8 percent) also pollingvery strongly. Reputation does not go unnoticed in Malaysia, with
32.4 percent and 26.5 percent of respondents telling us they will be
influenced by a law firm’s reputation and that of an individual
lawyer respectively. (Figure 19)
Meanwhile, excessive fees (60.3 percent) have troubled the
majority of in-house counsel in Malaysia in the past year in theirdealings with their law firms. More than one third of survey participants have also been irritated by the failure of their chosen firm
to both answer their questions/concerns in a reasonable time (38.2
percent) and fully understand the true nature of their company’sbusiness operations (35.3 percent). (Figure 20)

Key Issues and Concerns
Survey participants offered a wide range of responses when
asked to identify the biggest issues facing in-house counsel in
Malaysia at present, with two themes standing out in particular.
A large number of respondents said there was a common perception that their company’s legal
department was a “hurdle” to“[It is difficult to]
the aspirations of the businessbalance being the legal
divisions, and that it was difconscience of theficult to “balance being theorganisation with thelegal conscience of the organcommercial needs ofisation with the commercial
the company”
needs of the company.” A
considerable proportion ofsurvey participants alsolamented a lack of knowledge and/or updates of the latest developments to Malaysia’s legal framework, making it difficult tomonitor and comply with relevant law and regulations.
In the coming year, survey respondents told us they will bemost concerned with navigating the implications of various legislation, and ensuring compliance with same. Repeated mention
was made of the Competition Act 2010, the Financial Services Act
2013 and the Personal Data Protection Act 2010, whilst several
respondents also touched on the Strategic Trade Act 2010 and theStrata Management Act 2013. Talent retention of qualified andcompetent in-house lawyers is also a concern for some.
Volume 11 Issue 5, 2013

SINGAPORE
One of the key regional centres, Singapore immediately differentiated itself from other jurisdictions by virtue of the breakdown of its
industry representation. Whilst, in line with the regional average,
Financial Services (31.4 percent) snagged top polling position andTechnology, Media & Telecommunications (22.9 percent) was
unsurprisingly next in line in the tiny island republic, Infrastructure(20 percent) and Supply Chain/Logistics (17.1 percent) muscled in
to secure their positions as the third and fourth best-represented
industries (neither sector having secured a top-four berth in any
other jurisdiction with the exception of Infrastructure in Thailand).
Real Estate/Construction also tied for fourth place (17.1 percent),
whilst in 2013 not one survey respondent came from Singapore’s
Government/Regulatory sector.
The majority of our in-house survey respondents work in legal
teams of 2-5 people (42.9 percent) and 6-20 people (28.6 percent)in size, however there was also representation for teams of 51
people or more (14.3 percent). Close to one tenth of participants
work alone (9.5 percent) and so have no choice but to lookdirectly to external counsel when legal assistance is required. As
was the case in neighbouring Malaysia, Singaporean in-housecounsel share some of the lowest expectations when it comes togrowth of their teams in the coming year, with only 29.3 percent
predicting any likely increase in headcount.
Where the need arises, recruiters are plainly the preferred
method for sourcing and hiring in-house lawyers and are employed
by 80 percent of survey respondents. One quarter of survey participants will also be guided by referrals from in-house legal colleagues or choose to place job advertisements themselves (eachmethod appealing to 25.7 percent of participants), whilst referrals
from other company colleagues (22.9 percent) and external counsel (20 percent) also hold value for some.

External Counsel
Law firms will be pleased to hear that 40.5 percent of survey
respondents have indicated they will need to engage externalcounsel at greater levels in the coming 12 months, whilst a healthy
54.1 percent forecast that current service levels will be maintained. Those predicting growth pointed to the increasing sophistication of regulators and the fact that a number of in-house teamsin Singapore have cross-border responsibilities and so require
specialist legal advice concerning other jurisdictions as M&A andother investment activities are considered.
In-house respondents in Singapore prioritise the same fivefactors as their counterparts in Malaysia and China when it comesto selecting external counsel, with only slight variations as toorder. In the maritime nation expertise in a specific area wields thegreatest influence (85.7 percent), with fees and responsiveness(68.6 percent apiece) also proving highly persuasive. Meanwhile,
the reputation of an individual lawyer (40 percent) and that of alaw firm (34.3 percent) hold sway for a sizable proportion ofsurvey participants. (Figure 21)
Just over half of all respondents have taken issue withwhat they perceive to be excessive fees (54.3 percent) in thepast year, whilst more than one third have felt their external
45

Representing Corporate Asia & Middle East

SINGAPORE
Figure 21: Which factors most influence your choice of external counsel?

85.7%

Expertise in a specific area
Fees

68.6%

Responsiveness

68.6%

Reputation of individual lawyer

40%

Reputation of a law firm

34.3%
0

20

Key Issues and Concerns

40
60
80
(% of respondents)

100

Figure 22: Which issues have you found to be of concern when dealing

with external counsel in the past 12 months?
Excessive fees

54.3%

Failure to completely understandour business/company
Work performed slowly/
inefficiently

34.3%
31.4%

Failure to answer our questions/concerns in a reasonable time

25.7%

Wrong/badadvice given

22.9%
0

20

counsel have failed to grasp the true nature of their company’s business or operations (34.4 percent). Singaporean
in-house counsel have also come to expect prompt service and 31.4 percent of participants admit they have beentroubled by the failure of their appointed law firms toperform work in a timely and efficient manner, whilst
25.7 percent queried their firm’s response time whenanswering their questions or concerns. (Figure 22)

40
60
80
(% of respondents)

100

Compliance with existing laws and regulations, and staying
abreast of both domestic regulatory changes and those in otherjurisdictions in the region that might be of relevance to theircompanies’ operations, are amongst the main challenges currently facing in-house counsel in Singapore. A number ofsurvey participants also told us of the pressure to manage thecosts of external counsel in the face of escalating and increasingly diversified workloads, whilst some touched on the issueof talent retention and the salary gap between private and inhouse practice.
In the coming year, survey respondents expect to dedicate
most of their attention to ensuring compliance with privacy
and data legislation and anti-bribery and anti-competition
laws. With budgets for external counsel likely to remain abone of contention for many, participants are also eager to
identify individual lawyers with the requisite skill-set andknowledge and optimise the services of law firms as a whole
to best meet the demands of their internal stakeholders.

WE MAKE A
WORLD OF DIFFERENCE
We are voted as the most preferred externalcounsel in several practices in the sixth“Representative Corporate Asia Survey -Firms of the Year 2013”.
We would not have been able to attain thiswithout the positive feedback from you, ourclient. Your support has allowed us to earn
our place as a leading law ﬁrm.
While Singapore is our base, our business is
global. We look forward to serve your needs
anywhere in the world.

wongpartnership.com
ASEAN | CHINA | MIDDLE EAST
WongPartnership LLP (UEN: T08LL0003B) is a limited liability law partnershipregistered in Singapore under the Limited Liability Partnerships Act (Chapter 163A).

46 ASIAN-Mena COUNSEL

www.inhousecommunity.com

Asian-mena Counsel – In-House Community Survey 2013

SOUTH KOREA

SOUTH KOREA

Manufacturing (38.3 percent) proved the dominant sector
when it came to industry representation in South Korea,
Figure 23: Which factors most influence your choice of external counsel?
followed by Energy/Natural Resources (25.5 percent),
80.9%
Expertise in a specific arealeaving Financial Services in third place in 2013 with 21.3
percent of the votes. Just over one tenth of respondents
Reputation of a law firm
51.1%
aligned themselves with the Real Estate/Construction
sector (10.6 percent), whilst Wholesale/Retail Services
Fees
38.3%
polled in equal fifth place alongside Technology, Media &Reputation of individual lawyer
34%
Telecommunications (on 8.5 percent apiece).
‘Not too small and not too large’ appears to be the
Personal relationship with a lawyer
31.9%
general rule when it comes to in-house team size in South
Korea. Just over half of all survey participants told us
0
20
40
60
80
100
they work in teams of 2-5 people (51.9 percent), whilst(% of respondents)
25 percent and 13.5 percent work in teams of 6-20 people
and 21-50 people respectively. Only 5.8 percent of
Figure 24: Which issues have you found to be of concern when dealing
respondents bear sole responsibility for their company’swith external counsel in the past 12 months?
in-house legal work, with an even smaller proportion (3.8
Excessive fees
54.7%
percent) working in teams of 51 people or more.
Failure to answer our questions/
After a tiny 1.79 percent of respondents from South
42.6%
concerns in a reasonable time
Korea indicated any likely job loss within their teams in
Work performed
25.5%
slowly/ inefficiently
2012 (the smallest figure to emerge from any of theLack of updates/
23.4%
jurisdictions surveyed last year), happily job security
news on our matters
Failure to completely understandconcerns have now completely vanished with not one
17%
our business/company
survey respondent forecasting any decline in the size of
Unexplained fees
17%
their in-house team in the coming year. At the other endof the spectrum, 45.1 percent of participants predict that
0
20
40
60
80
100
their teams are likely to grow – a number outlining(% of respondents)
expansion plans in foreign markets including those in
the Middle East – with the remaining 54.9 percent
anticipating headcount levels will remain stable as we embark
on another financial year.
whilst the question of fees will weigh into the debate for 38.3
When it comes to hiring in-house counsel respondents preferpercent of respondents. (Figure 23)
to do much of the legwork themselves, with 61.7 percent opting
The ire of more than half of all respondents from South Korea
to place job advertisements directly. Just over one third will
has been raised in the past year by what is perceived as excessive
utilise the services of legal recruiters (34 percent), whilst 23.4
billing from law firms (57.4 percent), with 42.6 percent also troupercent also see value in using online job sites to search for suitbled by a failure on the part of their external counsel to completely
able candidates.
understand their business or company operations. One quarter
have also expressed concerns about work being performed slowly
or inefficiently (25.5 percent), whilst 23.4 percent have felt frusExternal Counsel
trated by a lack of updates/news on their matters. (Figure 24)
There was little to separate the survey respondents who anticipate
they will need to use external counsel at greater levels in the coming
year (47.2 percent) from those who expect that current levels of
Key Issues and Concerns
outsourcing will remain appropriate (45.3 percent). Shifting market
Like many of their counterparts
sentiment and ambiguous regulatory requirements were among theacross the region, numerous“There can be a lackreasons given by those predicting a need for greater outside assistsurvey respondents identified
of understanding byance, as was the positive change in the perception of some businessthe ambiguity of regulations
senior management as
stakeholders of the value-add of law firms (leading to a subsequentand legislation as being
to the proper role ofwillingness to increase legal budgets).
amongst the major challenges
the legal function and
Whilst expertise in a specific area proves most influential
facing in-house counsel inoften an insufficient,when it comes to the selection of law firms (80.9 percent), half
South Korea. However, aor non-existent,of all respondents are convinced of a firm’s calibre by virtue ofchorus of voices also indicatedcompliance function”
its reputation (51.1 percent). A sizable proportion are alsothat acceptance in local compaguided by the reputation of an individual lawyer (34 percent),

Volume 11 Issue 5, 2013nies of in-house counsel as47

Representing Corporate Asia & Middle East“business partners” over the traditionally-held view of “contract reviewers” is something of an uphill battle. As one
respondent commented, “There can be a lack of understandingby senior management as to the proper role of the legal function(including being a necessary check and balance to the business), and often an insufficient, or non-existent, compliancefunction. These are further hindered by a shortage of senior,
experienced in-house counsel, because Korean companies tend
to hire inexperienced junior lawyers as they are cheaper.”Another noted there was less emphasis and intensity placed on
training for in-house lawyers vis-a-vis their private practicecounterparts, as well as a lack of resources to assist in the performance of their roles.
In the next 12 months, survey respondents expect to direct
their attention towards ensuring compliance of foreign legislation– mention was made of the FCPA and the UK’s Bribery Act 2010in particular – as well as relevant anti-trust laws, whilst a number
also expect to be tied-up with cross-border M&A issues.

THAILAND
Our penultimate jurisdiction to be covered is Thailand, where
Energy/Natural Resources emerged as the dominant sector(24.1 percent) in 2013. Technology, Media & Telecommunications
attracted the second-largest proportion of respondents (20.7
percent), whilst there was a remarkable four-way tie for third
place, with Financial Services, Life Sciences, Infrastructure and

48 ASIAN-Mena COUNSELManufacturing each commanding 13.8 percent of the votes.
The clear majority of survey respondents work alongside
only a handful of colleagues (59.4 percent work in teams of 2-5
people), whilst in second place two categories – teams of 1
person and 6-20 people – were evenly split, each attracting 15.6
percent of participants. Interestingly, not one respondent told us
they work in teams numbering 21-50 people, with a morecommon option in Thailand being teams of 51 people or more(with 9.4 percent of votes).
Just over half of all respondents expect their teams will remain
the same size in the coming year (51.7 percent), whilst a healthy
44.8 percent indicate a likelihood of growth; of this number, 82
percent signalled the underlying reason was business expansion.
Survey respondents from Thailand displayed a willingness to use arange of methods when it comes to hiring new talent for theirteams. Engaging legal recruiters tops the list as the most popular
technique (37.9 percent), whilst 27.6 percent of respondents willheed advice from other in-house counsel about potential candidates, and 26.5 percent will take the initiative to place job advertisements directly. Referrals from other company colleagues also
carry weight with 17.2 percent of participants.

External Counsel
Estimations from Thailand about the use of external counsel inthe coming year stayed close to regional averages, with 40.6
percent of respondents indicating a likely rise on current service
levels and 50 percent predicting levels will remain the samewww.inhousecommunity.com

Asian-mena Counsel – In-House Community Survey 2013

(largely owing to budget constraints and, for several parTHAILAND
ticipants, the fact their teams have recently acquired
Figure 25: Which factors most influence your choice of external counsel?
additional headcount).
There was little dissension amongst survey respondExpertise in a specific area
89.7%
ents when it came to the factors most likely to influence
Thai in-house counsel in their selection of law firms. A
Fees
65.5%
resounding 89.7 percent of respondents chose expertise in
Responsiveness44.8%
a specific area as their primary area of concern, followed
by fees on 65.5 percent. A convincing 44.8 percent and
Reputation of law firm
41.4%
41.4 percent of respondents respectively will also look to
Relationship between
a law firm’s levels of responsiveness and reputation
20.7%
company and law firm
before making their decision. Firms working hard tosolidify client relationships should not be disheartened;
0
20
40
60
80
100
the relationship between a company and its chosen law(% of respondents)
firm took fifth place in 2013 (20.7 percent), followed by
Figure 26: Which issues have you found to be of concern when dealing
an in-house counsel’s personal relationship with a privatewith external counsel in the past 12 months?
practitioner (17.2 percent). (Figure 25)
Excessive fees
62.1%
And where there was usually some small level of support for the following factors in the other nine jurisdicFailure to answer our questions/34.5%
concerns in a reasonable time
tions looked at, not one respondent from Thailand would
Work performed
27.6%
be guided by any of the following factors: the size of aslowly/ inefficiently
Lack of updates/
law firm, free know-how including legislative updates, IT
24.1%
news on our mattersutilisation, reach/office location, or low staff turnover.
Failure to completely understand
20.7%
our business/company
Excessive fees have been most concerning for in20.7%
Missed deadlines
house respondents in their dealings with external counsel
in the past year, followed by issues regarding the prompt0
20
40
60
80
100
ness (or, more to the point, lack thereof) of service(% of respondents)
received. A failure by law firms to answer their clients’questions/concerns in a reasonable time (34.5 percent),
complaints of work being performed slowly/inefficiently (27.6
percent), and a lack of news/updates on matters (24.1 percent)
UNITED ARAB EMIRATES
rounded out the top four polling positions. (Figure 26)
The final jurisdiction to be covered in Asian-mena Counsel’s
Representing Corporate Asia & Middle East Survey in 2013 is theUnited Arab Emirates, where a strong response rate emanated
Key Issues and Concerns
from key players Dubai and Abu Dhabi.
Topping the list of current issues facing in-house counsel in
There was a very even spread when it came to industry repreThailand at present were the difficulties with obtaining quality
sentation from the UAE, with only 5.5 percent separating the top
legal advice from law firms for a reasonable cost. Establishingsix sectors. Narrowly securing first place was Financial Services
strong lines of communication with management is also a chal(19.4 percent), followed closely by both the Energy/Naturallenge for a number of respondents, whilst one complained ofResources and Real Estate/Construction (18.1 percent apiece) sec“archaic and corrupt legal and government institutions.”
tors. Technology, Media & Telecommunications was assured third
Compliance and keeping abreast of changes in legislation
place on 15.3 percent and, illustrating that it was indeed difficult
were among the usual suspects when survey respondents into split hairs in the UAE this year, Infrastructure and Wholesale/
Thailand were asked to comment on the major issues likely to
Retail Services also tied to assume equal fourth place on 13.9
face in-house counsel in their jurisdiction moving forward.
percent of the votes.
Looking to the future and the challenges that lie ahead, survey
Survey results showed that it is highly unusual for in-house
respondents also placed considerable emphasis on changes tocounsel to work in teams of 21 people or more in the UAE, withthe business environment in the region owing to the establishteams of 2-5 people the most common scenario (43 percent), folment of the ASEAN Economic Community (AEC). The manlowed by 6-20 people (34.2 percent). Meanwhile, 16.5 percent ofdate of the AEC is to achieve the goal of regional economic
survey participants act as the sole in-house legal representative in
integration by 2015, essentially through the transformation of
their company. These figures may be set to change in the near
ASEAN into a region with free movement of goods, services,
future, however, with a very healthy 46.8 percent of respondents
investment and skilled labour, whilst also allowing for capitalindicating their teams are likely to grow in number in the coming
to flow more freely.					year – the vast majority citing expansion in business activities –		Volume 11 Issue 5, 201349

Representing Corporate Asia & Middle East

UNITED ARAB EMIRATES
Figure 27: Which factors most influence your choice of external counsel?

76.7%

Expertise in a specific area

50.7%

Fees
Reputation of law firm

42.5%

Personal relationship with a lawyer

35.6%

Responsiveness

31.5%

Relationship between
company and law firm

31.5%
0

20

40
60
80
(% of respondents)

100

Figure 28: Which issues have you found to be of concern when dealing

with external counsel in the past 12 months?
Excessive fees

57.5%

Unexplained fees

34.2%

Lack of update/news on our matters

28.8%

Failure to answer our questions/concerns in reasonable time

27.4%

Work performed slowly/
inefficiently

20.5%
0

20

40
60
80
(% of respondents)

whilst not one participant anticipates any reduction in headcount.
Where approval for additional headcount has been obtained,
legal recruiters can expect to play a significant role in sourcing
suitable candidates, with 58.9 percent of respondents indicating
a willingness to use their services as their preferred method.
The direct placement of job advertisements is the next mostpopular tactic (31.5 percent) whilst, in a move away from theapproach taken in most other jurisdictions, survey respondents
in the UAE told us they are more likely to seek referrals fromcompany colleagues (26 percent) before heeding advice on suchmatters from other in-house counsel (23.3 percent) or externalcounsel (13.7 percent).

External Counsel
A very slim majority of survey respondents expect to rely on
external counsel at greater levels in the coming year (46.8 percent), marginally edging out the 44.2 percent of respondents who
anticipate that current service levels will have to remain adequate.
Of the 9.1 percent who predict service levels will fall as we move

50 ASIAN-Mena COUNSEL

towards 2014 and beyond, the majority told us of company
plans to boost internal legal resources in respect of both
headcount and expertise – one respondent spoke of a mandate to secure bilingual lawyers with hands-on experience– in order to cope with greater levels of work in-house.
Mimicking regional averages, survey respondents chosethe same top three factors as being the most influential whenit comes to determining which law firm will be trusted withadvising their company. Expertise in a specific area appealed
to the vast majority of respondents (76.7 percent), with afirm’s fees (50.7 percent) and reputation (42.5 percent) alsopolling strongly. In fourth place, the significance of personal
relationships cultivated between in-house lawyers and theirexternal counsel (35.6 percent) does not go unnoticed,
whilst the broader relationship between the company and its
law firm and a firm’s levels of responsiveness tied for fifth
place with 31.5 percent of the votes. (Figure 27)
As was the case in 2012, fee-related concerns topped thelist as the major issues to emerge for in-house counsel in
their dealings with law firms in the past year. After excessive fees (57.5 percent) and incidences of unexplained fees
(34.2 percent), survey respondents were next most concerned by a lack of updates/news on matters (28.8 percent)and a failure by firms to answer their questions/concerns ina reasonable time (27.4 percent). Although only polling in
ninth place, just over one tenth of respondents from the
UAE also told us they were troubled by a frequent turnoverof lawyers at their chosen firms (11 percent). (Figure 28)

100

Key Issues and Concerns
When asked to comment on the major challenges currently facing in-house counsel in their jurisdiction,
respondents touched on a vast number of themes. The mostwidely-held views emphasised market uncertainty, regulatorychange and a lack of clarity regarding local laws, whilst survey
respondents also offered numerous comments regarding the
judicial systems in the UAE. In particular, the difficulty ofaccessing court decisions, the uncertainty of court procedures,
and a relative lack of precedents and inconsistency in judgments were highlighted.
Moving forward, survey respondents also revealed that arange of issues would likely require attention in the coming year.
Whilst harmonising corporate governance and compliancerelated behaviour with international best practice is expected tooccupy many, some respondents will also juggle the task ofhelping their companies realise competitive growth strategies bymeeting increasing internal demands for service, all the while
managing escalating constraints on resources. A number of
respondents also pointed to alternative dispute resolution, and inparticular arbitration, as playing a key role in resolving disputes
in the next 12 months.

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Asian-mena Counsel – In-House Community Survey 2013

Asian-mena Counsel is pleased to annouce the ‘In-House Community Firms of the Year’ for 2013. The
results are based entirely on the votes and testimonials of in-house counsel and corporate decision makers
surveyed as part of the 7th annual Asian-mena Counsel – In-House Community ‘Representing Corporate
Asia & Middle East’ Survey.

A Unique & Objective Methodology

Over 20,000 pre-qualified in-house counsel and buyers of legal services were invited to participate in our survey directly and personallyonline, through a controlled interface, or while attending one of our 17 annual In-House Congress and Symposium events across the region(some 2,500 in-house counsel attend at least one of our 15 In-House Community events each year). With no obligation, 567 individuals
responded to the survey in full (see Figure 1 on page 22 for a full breakdown of our respondents by job title and role).
Participants were asked, among other things, for their comments on the quality
and value of service they received from external counsel in their jurisdiction,“ ... the survey does not lead
and where applicable, in other jurisdictions, and which firms they ‘prefer to use’[respondents’] choices in any way
for various activities. In-house counsel were able to nominate any firm of theirwhatsoever and hence is uniqueacquaintance – the survey does not lead their choices in any way whatsoever andhence is unique among legal polls in the region – with votes aggregated to selectamong legal polls in the region”
the winning firms in each category. As such, the results do not indicate which law
firms have been the most active in any given area, but rather those private practiceteams whose service has been of meritable quality and who have been responsive
to their clients’ needs beyond the norm. It is not a ranking of firms, and a law firm’s absence from the below is no criticism of them or theirabilities, but it is to the great credit of the firms honoured herein that their clients have voluntarily nominated them for recognition in thefollowing areas.
Where applicable, both domestic and international firms have been recognised as ‘Winners’, and where results have been ‘too close to call’,joint category winners have been announced. In addition to the winning firms, ‘Honourable Mentions’ have been awarded to law firms thathave also received notable in-house recognition, and in the event of significant votes but no outright winner in a category, we have named
all the firms as ‘Honourable Mentions’.
Congratulations to all those who have played a part in the teams honoured below.

CHINA
Alternative Investment Funds(including private equity)• Jun He Law Offices
Honourable Mention• Fangda Partners
Anti-Trust/ Competition• Baker & McKenzie• Clifford Chance• Freshfields Bruckhaus Deringer• Jun He Law Offices• King & Wood Mallesons
Honourable Mentions:• Broad & Bright• Zhonglun Law Firm

Volume 11 Issue 5, 2013

Aviation
Honourable Mention:• Clifford ChanceBanking & Finance• Clifford Chance• King & Wood Mallesons
Honourable Mentions:• Allen & Overy• Fangda Partners• Jun He Law Offices• Llinks Law Offices• Zhonglun Law Firm
Capital Markets• Davis Polk & Wardwell• Haiwen & Partners• Jun He Law Offices• Sullivan & Cromwell

Compliance/ Regulatory• Baker & McKenzie• Sidley & Austin
Honourable Mention:• Zhonglun Law Firm
Corporate and M&A• Clifford Chance• Jun He Law Offices• King & Wood Mallesons• Zhong Lun Law Firm
Honourable Mentions:• Baker & McKenzie• Davis Polk & Wardwell• Freshfields Bruckhaus Deringer• Jones Day• Linklaters

51

Representing Corporate Asia & Middle East

Employment• Baker & McKenzie• Jun He Law Offices
Honourable Mentions:• Clyde & Co
• King & Wood Mallesons• Simmons & Simmons• TransAsia Lawyers
Energy & Natural Resources• Baker Botts
Honourable Mention:• Herbert Smith Freehills
Environmental
Honourable Mention• Winston & Strawn
Insurance• Clyde & Co
Intellectual Property• King & Wood Mallesons
Honourable Mentions:• Baker & McKenzie• Fangda Partners• Jun He Law Offices
International Arbitration• Herbert Smith Freehills• King & Wood Mallesons
Honourable Mentions:• Dorsey & Whitney• Martin Hu & Partners
Life Sciences• Sidley Austin
Litigation & Dispute Resolution• Jun He Law Offices• King & Wood Mallesons• Zhonglun Law Firm
Honourable Mentions:• Everbright (Jin Tian Cheng)• Fangda Partners• Martin Hu & Partners• Shanghai Xingye Law Firm
Maritime & Shipping• Sloma & Co   

52 ASIAN-Mena COUNSEL

Honourable Mentions:• Clyde & Co
• Kai-Rong Law Firm
• Ince & Co
• Wang Jing & Co
Projects & Project Financing• Clifford Chance• Jun He Law Offices
Honourable Mention:• Zhonglun Law Firm
Real Estate/ Construction• Jun He Law Offices• Zhonglun Law Firm
Honourable Mention:• King & Wood Mallesons
Restructuring & Insolvency
Honourable Mentions• Clifford Chance• King & Wood Mallesons
Taxation• Ernst & Young
Honourable Mentions:• Baker & McKenzie• Deloitte Touche Tohmatsu• Jun He Law Offices• KPMG• PricewaterhouseCoopers
Telecommunications, Media &Technology
Honourable Mentions:• Baker & McKenzie• DLA Piper• Jun He Law Offices• King & Wood Mallesons
MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Baker & McKenzie    • Clifford Chance
Honourable Mentions:• Clyde & Co
• DLA Piper      • Freshfields Bruckhaus Deringer• Herbert Smith Freehills• Jones Day• Sidley Austin• Skadden, Arps, Slate, Meagher & Flom

MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Jun He Law Offices• King & Wood Mallesons• Zhonglun Law Firm
Honourable Mentions:• Dacheng Law Offices• Fangda Partners• Haiwen & Partners• Martin Hu & Partners

Hong kong
Alternative Investment Funds(including private equity)• Baker & McKenzie• Dechert
Honourable Mentions:• Deacons• Debevoise & Plimpton• Fangda Partners
Anti-Trust/ Competition• Baker & McKenzie
Honourable Mention:• Freshfields Bruckhaus Deringer
Aviation• Mayer Brown JSM
Honourable Mentions:• Baker & McKenzie• Holman Fenwick Willan
Banking & Finance• Linklaters
Honourable Mentions:• Allen & Overy• Hogan Lovells• King & Wood Mallesons
Capital Markets• Allen & Overy• Linklaters• Reed Smith Richards Butler
Honourable Mentions:• Davis Polk & Wardwell• Slaughter and May

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Asian-mena Counsel – In-House Community Survey 2013

Compliance/ Regulatory• Baker & McKenzie• Clifford Chance• Linklaters
Honourable Mentions:• Deacons• Herbert Smith Freehills• Reed Smith Richards Butler
Corporate and M&A• Clifford Chance• Freshfields Bruckhaus Deringer• Linklaters
Honourable Mentions:• Baker & McKenzie• Herbert Smith Freehills• Reed Smith Richards Butler
Employment• Baker & McKenzie• Simmons & Simmons
Honourable Mention:• Mayer Brown JSM
Energy & Natural Resources
Honourable Mention:• Baker & McKenzie
Environmental
Honourable Mention:• Baker & McKenzie
Insurance• Smyth & Co in association with RPCIntellectual Property• Baker & McKenzie• Deacons
Honourable Mentions:• Marks & Clerk• Squire Sanders
International Arbitration• Herbert Smith Freehills
Islamic Finance• Allen & Overy
Honourable Mention:• Linklaters

Volume 11 Issue 5, 2013

Life Sciences
Honourable Mentions:• Allen & Overy• Linklaters
Litigation & Dispute Resolution• Herbert Smith Freehills• Mayer Brown JSM Honourable Mentions:• Baker & McKenzie• Deacons• Hogan Lovells• ONC Lawyers• P.C. Woo & Co
Maritime & Shipping• Ince & Co
Honourable Mentions:• Clyde & Co
• Norton Rose Fulbright
Projects & Project Financing
Honourable Mentions:• Linklaters• Minter Ellison
Real Estate/ Construction• Mayer Brown JSM
Honourable Mentions:• Hogan Lovells• P.C. Woo & Co
• Pinsent Masons• Woo Kwan Lee & Lo

Telecommunications, Media &Technology• Baker & McKenzie
Honourable Mentions:• Deacons• Jones Day• Morrison & Foerster
MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Baker & McKenzie
Honourable Mentions:• Clifford Chance• DLA Piper• Herbert Smith Freehills• King & Wood Mallesons• Latham & Watkins• Linklaters• Mayer Brown JSM
MOST RESPONSIVE DOMESTICFIRMS OF THE  YEAR
• Deacons
Honourable Mentions:• ONC lawyers• Siao Wen & Leung• Woo Kwan Lee & Lo

India

Restructuring & Insolvency
Honourable Mentions:• Linklaters• O’Melveny & Myers• Tanner De Witt

Alternative Investment Funds(including private equity)• Amarchand & Mangaldas & Suresh
A Shroff & Co
• J. Sagar Associates
Honourable Mentions:• AZB & Partners• Desai & Diwanji• Khaitan & Co

Taxation• Baker & McKenzie
Honourable Mentions:• Mayer Brown JSM• Reed Smith Richards Butler

Anti-Trust/ Competition• Amarchand & Mangaldas & Suresh
A Shroff & Co
Honourable Mention:• J. Sagar Associates
Aviation
Honourable Mentions:• Bhasin & Co
• Clyde & Co
• J. Sagar Associates

53

Representing Corporate Asia & Middle East

Banking & Finance• Amarchand & Mangaldas & Suresh
A Shroff & Co
• J. Sagar Associates• Trilegal• Wadia Ghandy & Co
Honourable Mention:• Nishith Desai Associates
Capital Markets• Amarchand & Mangaldas & Suresh
A Shroff & Co
• Crawford Bayley & Co
• J. Sagar Associates
Compliance/ Regulatory• Amarchand & Mangaldas & Suresh
A Shroff & Co
Corporate and M&A• Amarchand & Mangaldas & Suresh
A Shroff & Co
• AZB & Partners
Honourable Mentions:• Crawford Bayley & Co
• Khaitan & Co
Employment
Honourable Mention:• AZB & Partners
Energy & Natural Resources• Amarchand & Mangaldas & Suresh
A Shroff & Co
Honourable Mentions:• Dua Associates• Khaitan & Co
• Trilegal
Environmental
Honourable Mention:• Amarchand & Mangaldas & Suresh A
Shroff & Co
Insurance• PRA Law Offices• Tulli & Co
Honourable Mention:• Amarchand & Mangaldas & Suresh A
Shroff & Co

54 ASIAN-Mena COUNSELIntellectual Property• Anand and Anand
Honourable Mention:• Singh & Singh Advocates

Honourable Mentions:• AZB & Partners• Bansi S Mehta & Co
• Vaish Associates AdvocatesInternational Arbitration• Herbert Smith Freehills
Honourable Mention:• Economic Laws PracticeTelecommunications, Media &Technology• Amarchand & Mangaldas & Suresh
A Shroff & Co
• Singh & Singh Advocates

Life Sciences
Honourable Mentions:• Crawford Bayley & Co
• Lakshmikumaran & Sridharan
Litigation & Dispute Resolution• Amarchand & Mangaldas & Suresh
A Shroff & Co
Honourable Mentions:• AZB & Partners• Crawford Bayley & Co
• Khaitan & Co
Maritime & Shipping
Honourable Mentions:• Prashant S Pratap Law Office• Mulla & Mulla & Craigie Blunt & Caroe
Projects & Project Financing• Amarchand & Mangaldas & Suresh
A Shroff & Co
• AZB & Partners• Desai & Diwanji• J. Sagar Associates• Link Legal India Law Services
Real Estate/ Construction• Desai & Diwanji• Poovayya & Co
• Rajinder Narain & Co
• Wadia Ghandy & Co
Honourable Mention:• Clasis Law

MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Linklaters• Shearman & Sterling
Honourable Mentions• Allen and Overy• Ashurst• David Polk & Wardwell• Milbank, Tweed, Hadley & McCloy
MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Amarchand & Mangaldas & Suresh
A Shroff & Co
• AZB & Partners
Honourable Mentions:• Crawford Bayley & Co
• J. Sagar Associates• Lakshmikumaran & Sridharan• Trilegal

Indonesia
Alternative Investment Funds(including private equity)• Hadiputranto, Hadinoto & Partners
Honourable Mention:• Ali Budiardjo, Nugroho, Reksodiputro(ABNR)

Restructuring & Insolvency• Desai & Diwanji

Anti-Trust/ Competition• Assegaf Hamzah & Partners• Ignatius Andy Law Offices
Honourable Mention:• Hadiputranto, Hadinoto & Partners

Taxation• Lakshmikumaran & SridharanAviation• Bahar & Partners

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Asian-mena Counsel – In-House Community Survey 2013

Banking & Finance• Ali Budiardjo, Nugroho,
Reksodiputro (ABNR)• Hadiputranto, Hadinoto & Partners
Honourable Mentions:• Ginting & Reksodiputro (in association
with Allen & Overy)• Hiswara Bunjamin & Tandjung (in association with Herbert Smith Freehills)
Capital Markets• Assegaf Hamzah & Partners• Hadiputranto, Hadinoto & Partners• Makes & Partners
Honourable Mention:• Ali Budiardjo, Nugroho, Reksodiputro(ABNR)
Compliance/ Regulatory• Ali Budiardjo, Nugroho,
Reksodiputro (ABNR)• Soewito Suhardiman Eddymurthy
Kardono (SSEK)
Honourable Mention:• Lubis Ganie Surowidjojo
Corporate and M&A• Assegaf Hamzah & Partners• Hadiputranto, Hadinoto & Partners• Makarim & Taira S.
Honourable Mentions:• Ali Budiardjo, Nugroho, Reksodiputro(ABNR)• Bahar & Partners• Hiswara Bunjamin & Tandjung (in association with Herbert Smith Freehills)• Lubis Ganie Surowidjojo
Employment• Makarim & Taira S.
Honourable Mentions:• Kemalsjah & Associates• Soewito Suhardiman Eddymurthy
Kardono (SSEK)
Energy & Natural Resources• Ali Budiardjo, Nugroho,
Reksodiputro (ABNR)• Lubis Ganie & Surowidjojo
Honourable Mentions:• AKSET Law• Ginting & Reksodiputro (in association
with Allen & Overy)
Volume 11 Issue 5, 2013

Environmental• Assegaf Hamzah & Partners
Insurance• Makarim & Taira S.
• Wiriadinata & SalehIntellectual Property• AMR Partnership• K&K AdvocatesInternational Arbitration• Assegaf Hamzah & Partner
Honourable Mentions:• KarimSyah Law Firm
• Lubis Ganie Surowidjojo• Rodyk & Davidson
Islamic Finance
Honourable Mentions• Ali Budiardjo, Nugroho, Reksodiputro(ABNR)• Bahar & Partners• Hadiputranto, Hadinoto & Partners• Hiswara Bunjamin & Tandjung (in association with Herbert Smith Freehills)• KarimSyah Law Firm
Life Sciences
Honourable Mentions:• Bahar & Partners• Hadiputranto, Hadinoto & Partners• Soewito Suhardiman Eddymurthy
Kardono (SSEK)
Litigation & Dispute Resolution• Adnan Buyung Nasution & Partners• Adnan Kelana Haryanto &Hermanto (AKHH)• Hadiputranto, Hadinoto & Partners• Hiswara Bunjamin & Tandjung (inassociation with Herbert Smith
Freehills)
Honourable Mention:• Drew & Napier  
Maritime & Shipping• Bahar & Partners• Lubis Ganie Surowidjojo

Real Estate/ Construction
Honourable Mentions:• Albert Hasibuan and Partners• Bahar & Partners• Makarim & Taira S.
• Wiyono Partnership
Restructuring & Insolvency• Bahar & Partners• Hadiputranto, Hadinoto & Partners
Honourable Mentions:• DNC Advocates At Work• Tumbuan & Partners (in association with
O’Melveny & Myers)
Taxation• Ernst & Young• Hadiputranto, Hadinoto & Partners
Telecommunications, Media &Technology
Honourable Mentions:• Bahar & Partners• Hadiputranto, Hadinoto & Partners• Hiswara Bunjamin & Tandjung (in association with Herbert Smith Freehills)• Indonesian Law Alliance Advocates
MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Baker & McKenzie• Herbert Smith Freehills• Rajah & Tann
• White & Case    Honourable Mentions:• Allen & Overy• Jones Day• Latham & Watkins• O’Melveny & Myers
MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Ali Budiardjo, Nugroho,
Reksodiputro (ABNR)• Hadiputranto, Hadinoto & Partners
Honourable Mentions:• Lubis Ganie Surowidjojo• Makarim & Taira S.

Projects & Project Financing• Hadiputranto, Hadinoto & Partners
Honourable Mention:• Bahar & Partners
55

Representing Corporate Asia & Middle East

JAPAN
Anti-Trust/ Competition
Honourable Mentions:• Herbert Smith Freehills• Mori Hamada & Matsumoto
Banking & Finance
Honourable Mention:- & Tomotsune• Anderson Mori
Capital Markets
Honourable Mentions:• Clifford Chance• Sullivan & Cromwell• Linklaters
Compliance/ Regulatory
Honourable Mention:• Mori Hamada & Matsumoto
Corporate and M&A• Mori Hamada & Matsumoto
Honourable Mentions:• Cleary Gottlieb Steen & Hamilton• DLA Piper• K&L Gates• Skadden, Arps, Slate, Meagher & Flom
• Shearman & Sterling
Employment
Honourable Mentions• Atsumi & Sakai• Baker & McKenzie (Gaikokuho Joint
Enterprise)• Miyake & Yamazaki• Mori Hamada & Matsumoto
Energy & Natural Resources
Honourable Mention• Clifford Chance
Insurance
Honourable Mention• Nagashima Ohno & Tsunematsu
Intellectual Property
Honourable Mention• Mori Hamada & Matsumoto

56 ASIAN-Mena COUNSELInternational Arbitration
Honourable Mentions:- & Tomotsune• Anderson Mori
• Mori Hamada & Matsumoto
Litigation & Dispute Resolution
Honourable Mentions:• Mori Hamada & Matsumoto• Sidley Austin Nishikawa Foreign Law
Joint Enterprise
Maritime & Shipping
Honourable Mention:• Norton Rose Fulbright
Projects & Project Financing
Honourable Mention:• Clifford Chance
Real Estate/ Construction
Honourable Mention:• Morrison & Foerster
Restructuring & Insolvency
Honourable Mention:• K&L Gates
Taxation
Honourable Mentions:• Deloitte Touche Tohmatsu• Nishimura & Asahi
Telecommunications, Media &Technology
Honourable Mention:• Mori Hamada & Matsumoto
MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• K&L Gates• Morrison & Foerster
Honourable Mentions:• Clifford Chance• DLA Piper• Hogan Lovells• Linklaters• Simmons & Simmons

MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Mori Hamada & Matsumoto
Honourable Mentions:- & Tomotsune• Anderson Mori
• Atsumi & Sakai• Miyake & Yamazaki• Nishimura & Asahi

Malaysia
Alternative Investment Funds(including private equity)
Honourable Mentions:• Adnan, Sundra & Low• Rahmat Lim & Partners• Shearn Delamore & Company• Wong & Partners
Anti-Trust/ Competition• Christopher & Lee Ong(in association with Rajah & Tann)• Raja Darryl & Loh
Honourable Mentions:• Shearn Delamore & Company• Wong & Partners• Zul Rafique & Partners
Aviation• Norton Rose Fulbright
Banking & Finance• Adnan Sundra & Low• Zaid Ibrahim & Co (ZICOlaw)
Honourable Mentions:• Skrine• Wong & Partners• Zul Rafique & Partners
Capital Markets• Adnan Sundra & Low
Compliance/ Regulatory• Chooi & Co
• Wong & Partners• Zaid Ibrahim & Co (ZICOlaw)

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Asian-mena Counsel – In-House Community Survey 2013

Corporate and M&A• Kadir, Andri & Partners
Honourable Mentions:• Adnan Sundra & Low• Shearn Delamore & Co
• Wong & Partners• Zaid Ibrahim & Co (ZICOlaw)• Zul Rafique & Partners
Employment• Lee Hishammuddin Allen & Gledhill• Shearn Delamore & Co
• Zul Rafique & Partners
Honourable Mention:• Skrine
Energy & Natural Resources• Skrine
Honourable Mentions:• Azman Davidson & Co
• Herbert Smith Freehills• Hogan Lovells• Norton Rose Fulbright• Zaid Ibrahim & Co (ZICOlaw)• Zul Rafique & Partners
Environmental
Honourable Mention:• Shook Lin & Bok
Insurance• Azim, Tunku Farik & Wong
Honourable Mentions:• Kanaga, Suresh & Co
• Murali B. Pillai & Associates
Intellectual Property• Lee Hishammuddin Allen & Gledhill• Shearn Delamore & Co
• Wong Jin Nee & Teo
Honourable Mentions:• Skrine• Wong & Partners
International Arbitration• Skrine
Islamic Finance• Adnan Sundra & Low• Zaid Ibrahim & Co (ZICOlaw)
Honourable Mention:• Azmi & Associates

Volume 11 Issue 5, 2013

Litigation & Dispute Resolution• Shearn Delamore & Co
• Skrine• Zul Rafique & Partners
Honourable Mentions:• BH Lawrence & Co
• Gananathan Loh Advocates & Solicitors• Kadir Andri & Partners• Lee Hishammuddin Allen & Gledhill
Maritime & Shipping• Shearn Delamore & Co
• Watson, Farley & Williams
Honourable Mention:• Azman Davidson
Projects & Project Financing• Zul Rafique & Partners
Real Estate/ Construction• Zul Rafique & Partners
Restructuring & Insolvency• Adnan Sundra & Low
Honourable Mentions:• Zaid Ibrahim & Co (ZICOlaw)• Zul Rafique & Partners
Taxation• Lee Hishammuddin Allen & Gledhill
Telecommunications, Media &Technology• Skrine
MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Baker & McKenzie
Honourable Mentions:• Cleary Gottlieb Steen & Hamilton• Herbert Smith Freehills
MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Shearn Delamore & Co
• Skrine• Wong & Partners• Zul Rafique & Partners
Honourable Mentions:• Lee Hishammuddin Allen & Gledhill• Zaid Ibrahim & Co (ZICOlaw)

Singapore
Alternative Investment Funds(including private equity)• Allen & Gledhill• Allen & Overy• WongPartnership
Anti-Trust/ Competition• Allen & Gledhill• Clifford Chance
Honourable Mentions:• Drew & Napier• Rajah & Tann
• Rodyk & Davidson
Aviation• Allens• Clyde & Co
Banking & Finance• Allen & Gledhill
Honourable Mentions:• Rajah & Tann
• WongPartnership
Capital Markets• Allen & Gledhill• Davis Polk & Wardwell
Honourable Mentions:• Stamford Law Corporation• WongPartnership
Compliance/ Regulatory• Allen & Gledhill• Baker & McKenzie.Wong & Leow
Corporate and M&A• Allen & Gledhill• Clifford Chance• Stamford Law Corporation• WongPartnership
Employment• Allen & Gledhill
Energy & Natural Resources• Herbert Smith Freehills• Hogan Lovells
Honourable Mentions:• Jones Day• Latham & Watkins• Vinson & Elkins

57

Representing Corporate Asia & Middle EastIntellectual Property• Allen & Gledhill• Baker & McKenzie.Wong & Leow
• ATMD Bird & Bird
Honourable Mentions:• Amica Law• Drew & Napier• Rajah & Tann
International Arbitration• K&L Gates
Honourable Mentions:• Norton Rose Fulbright• Rajah & Tann
• Rodyk & Davidson• WongPartnership
Islamic Finance• Allen & Gledhill
Life Sciences
Honourable Mentions:• Baker & McKenzie.Wong & Leow
• Clifford Chance
Litigation & Dispute Resolution• Drew & Napier• Rajah & Tann
Honourable Mentions:• Allen & Gledhill• K&L Gates• Rodyk & Davidson
Maritime & Shipping• Rajah & Tann
Honourable Mentions:• Stephenson Harwood• Watson, Farley & Williams• Wikborg Rein
Projects & Project Financing• Herbert Smith Freehills• Rajah & Tann
Honourable Mentions:• Hogan Lovells Lee & Lee• RHT Taylor Wessing• Slaughter and May• Shearman & Sterling
Real Estate/ Construction• WongPartnership

58 ASIAN-Mena COUNSEL

Honourable Mentions:• Allens• Rajah & Tann
• Rodyk & Davidson
Restructuring & Insolvency• Rajah & Tann
Taxation• Drew & Napier• Morrison & Foerster
Telecommunications, Media &Technology• Pinsent Masons MPillay  • Rajah & Tann
MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Baker & Mckenzie.Wong & Leow
• Clifford Chance
Honourable Mentions:• Ashurst• Herbert Smith Freehills• Hogan Lovells• Norton Rose Fulbright
MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Allen & Gledhill• Drew & Napier• Rajah & Tann
Honourable Mention:• WongPartnership

South Korea
Alternative Investment Funds(including private equity)• Kim & Chang
Honourable Mentions:• DLA Piper• Kirkland & Ellis
Anti-Trust/ Competition• Kim & Chang
Honourable Mentions:• Shin & Kim• Yulchon

Aviation
Honourable Mention:• Kim & Chang
Banking & Finance• Kim & Chang
Capital Markets• Kim & Chang
Honourable Mentions:• Bae, Kim & Lee• Lee & Ko
Compliance/ Regulatory• Kim & Chang
Honourable Mentions:• Baker & McKenzie• Hogan Lovells
Corporate and M&A• Baker & Mckenzie• Bae, Kim & Lee• Shin & Kim
Honourable Mentions:• Hwang Mok Park
• Kim & Chang• Lee & Ko
• Simpson Thacher & Bartlett• Yulchon
Employment• Kim & Chang• Lee & Ko
• Yulchon
Energy & Natural Resources• Ashurst• Baker & McKenzie   • Kim & Chang
Environmental• Kim & ChangIntellectual Property• Finnegan, Henderson, Farabow,
Garrett & Dunner• Lee & Ko
Honourable Mentions:• Bae, Kim & Lee• Quinn Emanuel Urquhart & Sullivan• Ropes & Gray
• Yulchonwww.inhousecommunity.com

Asian-mena Counsel – In-House Community Survey 2013

International Arbitration• Kim & Chang• Squire Sanders
Honourable Mentions:• Kobre & Kim• Sherman & Sterling• Shin & Kim

MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Baker & McKenzie
Honourable Mentions:• Clifford Chance    • O’Melveny & Myers• Squire Sanders

Litigation & Dispute Resolution• Kim & Chang• Lee & Ko
• Yulchon
Honourable Mentions:• Kobre & Kim• Quinn Emanuel Urquhart & Sullivan

MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Kim & Chang• Lee & Ko  
Honourable Mentions:• Bae, Kim & Lee• Shin & Kim• Yulchon

Employment• Baker & McKenzie• Chandler & Thong-ek Law Offices
Honourable Mentions:• Rajah & Tann
• Siam Premier International Law Office

ThailandEnergy & Natural Resources• Chandler & Thong-ek Law Offices• Weerawong, Chinnavat &Peangpanor

Maritime & Shipping
Honourable Mentions:• DLA Piper• Lee & Ko
• Yulchon
Projects & Project Financing
Honourable Mentions:• Allen & Overy• Bae, Kim & Lee• Kim & Chang• Shearman & Sterling
Real Estate/ Construction
Honourable Mentions:• Kim & Chang• Yulchon
Restructuring & Insolvency
Honourable Mention:• Kim & Chang
Taxation• Kim & Chang• Yulchon
Honourable Mentions:• Hwang Mok Park
• Lee & Ko
• PricewaterhouseCoopers
Telecommunications, Media &Technology• Lee & Ko
• Yulchon

Volume 11 Issue 5, 2013

Alternative Investment Funds(including private equity)
Honourable Mentions:• Baker & McKenzie• Chandler & Thong-ek Law Offices
Anti-Trust/ Competition• Baker & McKenzie• Chandler & Thong-ek Law Offices
Honourable Mention:• Hunton & Williams
Banking & Finance• Baker & McKenzie
Honourable Mentions:• Chandler & Thong-ek Law Offices• LS Horizon• Weerawong, Chinnavat & Peangpanor
Capital Markets• Baker & McKenzie
Honourable Mentions:• Chandler & Thong-ek Law Offices• Weerawong, Chinnavat & Peangpanor
Compliance/ Regulatory• Baker & McKenzie• Chandler & Thong-ek Law Offices
Honourable Mentions:• Siam Premier International Law Office• Weerawong, Chinnavat & Peangpanor

Corporate and M&A• Baker & McKenzie
Honourable Mentions:• DFDL• Hunton & Williams• Price Sanond Prabhas & Wynne• Siam Premier International Law Office• Weerawong, Chinnavat & Peangpanor

Environmental• Chandler & Thong-ek Law Offices
Insurance• Baker & McKenzie
Honourable Mentions:• DLA Piper• Hunton & Williams
Intellectual Property• Tilleke & Gibbins
Honourable Mentions:• Ananda Intellectual Property• Baker & McKenzie
International Arbitration• Herbert Smith Freehills
Honourable Mentions:• Baker & McKenzie• Chandler & Thong-ek Law Offices• Hunton & Williams
Life Sciences
Honourable Mention:• Baker & McKenzie
Litigation & Dispute Resolution• Baker & McKenzie• Chandler & Thong-ek Law Offices

59Representing Corporate Asia & Middle East

Honourable Mentions:• Hunton & Williams• Rajah & Tann
• Siam Premier International Law Office
Projects & Project Financing• Chandler & Thong-ek Law Offices
Honourable Mentions:• Hunton & Williams• Linklaters• Siam Premier International Law Office
Real Estate/ Construction
Honourable Mention:• Weerawong, Chinnavat & Peangpanor
Restructuring & Insolvency• Baker & McKenzie
Honourable Mention:• Chandler & Thong-ek Law Offices
Taxation• Law Alliance• PricewaterhouseCoopers
Honourable Mentions:• Baker & McKenzie• Deloitte Touche Tohmatsu• Ernst & Young• KPMG
Telecommunications, Media &Technology
Honourable Mentions:• Baker & McKenzie• Siam Premier
MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Baker & McKenzie
Honourable Mentions:• DFDL• Hunton & Williams
MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Chandler & Thong-ek Law Offices• Weerawong, Chinnavat &Peangpanor
Honourable Mention:• Price Sanond Prabhas & Wynne

60 ASIAN-Mena COUNSEL

United ArabEmirates
Alternative Investment Funds(including private equity)• Hadef & Partners
Honourable Mention:• Latham & Watkins
Anti-Trust/ Competition• Clyde & Co
Honourable Mention:• Al Tamimi & Company
Aviation• Clyde & Co
Honourable Mentions:• DLA Piper• Donald H. Bunker and Associates
Banking & Finance• Al Tamimi & Company• Allen & Overy• Clyde & Co
• Hadef & Partners
Honourable Mention:• Clifford Chance
Capital Markets• Clifford Chance
Honourable Mentions:• Al Tamimi & Company• Allen & Overy• ASAR – Al Ruwayeh & Partners• Hadef & Partners
Compliance/ Regulatory• Al Tamimi & Company• Clyde & Co
Honourable Mentions:• Allen & Overy• Gibson, Dunn & Crutcher• Hadef & Partners• SNR Denton
Corporate and M&A• Allen & Overy• Clyde & Co
• Hadef & Partners

Honourable Mentions:• Al Tamimi & Company• Clifford Chance• Freshfields Bruckhaus Deringer• Gibson, Dunn & Crutcher• Linklaters
Employment• Al Tamimi & Company• Clyde & Co
Honourable Mention:• Hadef & Partners
Energy & Natural Resources
Honourable Mentions:• Clyde & Co
• Hadef & Partners• Herbert Smith Freehills• Shearman & Sterling
Environmental
Honourable Mention:• Shearman & Sterling
Insurance• Al Tamimi & Company• Clyde & Co
Intellectual Property• Al Tamimi & Company• Clyde & Co
Honourable Mention:• Hadef & Partners
International Arbitration• Al Tamimi & Company• Clyde & Co
Islamic Finance• Hadef & Partners
Life Sciences• Clyde & Co
Litigation & Dispute Resolution• Clyde & Co
• Hadef & Partners
Honourable Mentions:• Al Tamimi & Company• Ali Al Aidarous• Habib Al Mulla

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Asian-mena Counsel – In-House Community Survey 2013

Maritime & Shipping• Al Tamimi & Company• Clyde & Co
• Hadef & Partners• Holman Fenwick Willan
Projects & Project Financing• Al Tamimi & Company• Sullivan & Cromwell
Real Estate/ Construction• Al Tamimi & Company• Clyde & Co
• Hadef & Partners

Taxation
Honourable Mentions:• Al Tamimi & Company• Clifford Chance• Deloitte Touche Tohmatsu• Ernst & Young• KPMG• PricewaterhouseCoopers

MOST RESPONSIVE INTERNATIONALFIRMS OF THE YEAR
• Clyde & Co
Honourable Mentions:• Allen & Overy• Clifford Chance• Gibson, Dunn & Crutcher• SNR Denton

Telecommunications, Media &Technology• Al Tamimi & Company• Clyde & Co

MOST RESPONSIVE DOMESTICFIRMS OF THE YEAR
• Al Tamimi & Company• Hadef & Partners
Honourable Mention:• Habib Al Mulla

Restructuring & Insolvency
Honourable Mentions:• Hadef & Partners• Herbert Smith Freehills

Top category winners by jurisdiction
JURISDICTION

FIRM

Category WINS

• Jun He Law Offices

9

CHINA

Domestic
International• Clifford Chance

5

HONG KONG

Domestic• Deacons

2

International• Baker & McKenzie

8

Domestic• Amarchand & Mangaldas & Suresh A. Shroff

11

INDIA
INDONESIA

Domestic• Hadiputranto, Hadinoto & Partners       

9

JAPAN

Domestic• Mori Hamada & Matsumoto

2

MALAYSIA

Domestic                  =• Zul Rafique & Partners

5                                =• Skrine

5

SINGAPORE                                =• Shearn Delamore & Co

5

Domestic• Allen & Gledhill

10International              =• Baker & Mckenzie Wong & Leow

3                                =• Clifford Chance

3

Domestic• Kim & Chang

12International• Baker & McKenzie

3

THAILAND

Domestic• Chandler & Thong-ek

8International• Baker & McKenzie

10

UAE

Domestic• Al Tamimi & Company

11International• Clyde & Co

15

SOUTH KOREA

Most Responsive Firm of the Year in most jurisdictions: Baker & McKenzie

Volume 11 Issue 5, 2013

61

Representing Corporate Asia & Middle East

Responding tochangeAsian-mena Counsel talks to the Managing Partners of some of the firms which
won this year’s accolade for most responsive firm of the year, as voted for by
the In-House Community. Read on to find out how these firms managed to
outpace their peers, as well as the ways in which they are striving to adapt tothe changes brought about by a shifting legal panorama.
By Aparna Assomull BundroW

hen looking at the spectrum of firms that made it
on to our winning list for responsiveness; it is clearthat it takes more than expertise and diligence toretain clients and keep them happy over the longterm. With global mergers continuing to take place on a fairly regular basis, it was no surprise that we saw a strong cross-fertilisationof thought and shared ideas when it came to the ways in whichfirms sought to add value. 24 hour hotlines, regular newletters, inhouse seminars and sound knowledge managment (amongst others)
continue to make up the bellwether for responsiveness.
What is interesting to note is that there is a recognition by theheads of these firms that times are changing and that the conventional law firm model is in need of modification. The challenges
presenting themselves are wide and varied and here we find out
how industry experts are able to overcome these obstacles byimproving their value proposition. We see that some jurisdictions
are opening up their markets to foreign firms which creates pressure
on the smaller firms to up their ante, some firms are exploring more
sector-driven approaches to promote efficiency and some are offering discounts and billing alternatives to keep their clients satisfied.
Almost all agree that delivering the best value for money remains
the cornerstone to retaining their competitive edge.

Baker & McKenzie
Baker & McKenzie was commended by the In-House Community
for its responsiveness in seven jurisdictions which comprised
Hong Kong, China, Singapore, South Korea, Indonesia, Thailand
and Malaysia. Paul Tan, Managing Partner for the Hong Kong,
China and Vietnam offices outlined some of the key factors which

62 ASIAN-Mena COUNSEL

enabled the firm to stay ahead of the curve and to put its nose out
in front of its competitors.
Foregoing the traditional matter by matter instructed method,
the firm adopts a long term partnering approach with its clients,
according to Tan. This leads to a dedicated relationship between thepartner and the client ensuring efficient communication. Post matterand client care reviews are conducted to ensure the process is continually refined, Tan comments.
In order to provide sound sector/
industry specific advice, Baker &McKenzie’s lawyers possess both technical and contextual knowledge and experience in their particular industry sector.
This “creates a platform upon which thefirm’s lawyers constantly share theirknowledge about a certain industry or
sector.” In addition, “a robust sector/
industry specific resource repository
Paul Tanexists to provide clients with tailored andIn-house counsel say:
China: “Practical advice withprofessional procedures.”
South Korea: “The firm is professional andtimely. They are very commercial, businessfocussed. Driven and professional.”

www.inhousecommunity.com

Asian-mena Counsel – In-House Community Survey 2013industry-specific advice.” Services which add value include secondments, on-site workshops, customised training, feedback review
and group specific web based systems. In addition, the firm ensuresa flexible approach to billing and does so by utilising blended rates,
value based billing, discounted fees for aborted work and non-billable early stage involvement.
When asked how he envisioned the conventional law firm
structure evolving over the next decade, Tan commented thatfirms have had to “become more attuned and sensitive to pricecompetitiveness” and it was important to offer clients “an innovative product range.”

Hong Kong
Deacons

Responsiveness encompasses not only
the firm’s ability to meet time-frames,
but it also includes “addressing client’s
specific requirements, providing out ofhours contact details and promptly
acknowledging calls and emails as well
as being able to handle complex project
management,” according to Deacons’Managing Partner, Keith Cole. In thisKeith Coleway, “the firm seeks to equal or ideallysurpass clients’ expectations.” Byorganising themselves into “practice groups with industry or
specialised area focus,” their partners and associates are able tomaintain in depth experience in their niche areas of expertise.
They also maintain “regular interaction with relevant industry
bodies and regulators,” comments Cole.
In terms of added value, Deacons hosts an annual In-HouseCounsel Forum, provides in-house training, tailors seminars,
and initiates round-table discussions for the benefit of its
In-house counsel say:clients. The firm additionally“Professional withlooks to add value by creating
reasonable fees.”“transparency and predicta“They provide us withbility on fees, given that clifrequent updates.”
ents’ budgets are underpressure.” Having been on
the ground for 160 years, “thefirm looks at the long-term … and understands what the clientneeds, for example quick review vs. belt and braces advice,”
according to Cole.
Cole believes that law firms in general will need to recognise and reflect the economic and regulatory pressures affecting
their clients in order to survive and blossom in the future. A
more sector-driven approach with a commitment to efficiency,
in order to provide value for money is also imperative to the
future success of law firms. Cole concluded that more flexible
pricing models would assist clients down the road too.

Volume 11 Issue 5, 2013

India

Amarchand & Mangaldas & Suresh A
Shroff & Co
Delivering solutions based advice in a pragmatic and incisive
manner constitutes a hallmark of Amarchand & Mangaldas’ service, and this has proved to be one of the keys to the firm’s successin terms of responsiveness, according toManaging Partner, Shardul Shroff. Shroffstates that “empathy for the client, enormous hard work, humility and a drive forexcellence,” are some of the elements
which enable the firm to cut away fromthe herd. Distinctively, Amarchand also
has a strong “pan-Indian presence” whichenables it to draw on infrastructure support from its other offices in the corpoShardul Shroffrate litigation and competition spaces.
Various members of the firm haveemanated from government formed law-making committees
making them regional regulatory experts. In addition, Amarchandtakes a leaf out of international firms’ best practices in order toraise the bar on its standards. Some of the value adds include
in-house training sessions, arranging secondments and encouraging its lawyers to become prolific writers on their niche areasof expertise.
The firm offers a plethoraof options when it comes to
In-house counsel say:billing; however it is precluded“Very pro-business ...
from charging contingency
they respond accurately
fees given that this form ofand in time.”billing is prohibited in India.
“For their legal expertise,
The firm attempts to givecreativity & innovation.”value based service; capped
fees, retainers and lump-sum
billing all form part of the firm’s fee spectrum/repository.
Looking ahead, Shroff states that the biggest challenge for a law
firm is not “generating more revenue” but “delivering greater value
and improving efficiency. As markets stabilise and newer regions
open up, we can look forward to some interesting trends in the way
law firms operate,” he states. Shroff refers to the firm’s forwardlooking approach as Amarchand 3.0, and adds that part of this forward thinking strategy involves working in conjunction with the
Boston Consulting Group to orchestrate a shift in its dealings.

Japan

Mori Hamada & Matsumoto
For Japanese firm, Mori Hamada & Matsumoto, size matters.
According to Partner, Yasuzo Takeno, “only a firm” with themight and muscle of “300 lawyers and 400 staff” could “cover thedevelopment of the Japanese legal system over the whole spectrum of practice” and “devote the time and manpower” needed todrive a high level of responsiveness. In Takeno’s view, the earth-63

Representing Corporate Asia & Middle East

quake in Japan in 2011 was the catalyst
for a greater number of Japanese companies competing in Asian markets. And
for the firm, having a broad geographical reach in Asia enables each of its
teams to shine in Asian related matters.
Sending the firm’s lawyers to governmental departments relevant to eachof the firm’s 10 practice groups enhances
Yasuzo Takeno
the associates’ skill-sets and their breadthof experience.
Without compromising on
quality of service, and with a
In-house counsel say:view to providing the best
“They have so many
value to its clients, the firm
experienced lawyers.”
adopts a flexible approach tobilling which can include
capped fees and success-related
billing. Success in the future
for the firm, according to Takeno, will depend upon it strengthening
its presence in the Asian markets through its Singapore office andby collaborating with other Asia based firms.

Malaysia

Shearn Delamore & Co
When asked what led to clients voting for his firm as one of themost responsive in Malaysia, Managing Partner of Shearn
Delamore & Co, Robert Lazar commented that meeting their clients’ needs promptly and efficiently was paramount. “The credit
given to us for responsiveness,” he continued, “is also a tribute toour mix of expertise in different areas of practice and our extensive global reach.” Links with foreign law firms and multilateralagencies including the World Law Group, and the Employment
Law Alliance enable the firm to get involved in complex projects
and transactions specifically because they are able to leverage
their large team of 90 lawyers and 250 support staff.
When it comes to sector specific advice, Lazar stresses theimportance of knowledge transfer. Regularly hosting in-houseseminars and producing sector specific newsletters enables themto keep their clients updated on the latest legislation and legal
developments in each of their practice areas.
Moving away slightly from the conventional time/costs
method of billing, Shearn Delamore takes a flexible approach tobilling by sometimes adopting a fixed fee or a capped fee model.
For large or long-term projects
or bulk work such as trademark and patent filings, speIn-house counsel say:cific tasks may be discounted.
“They have a good team
Going forward, Asian... the partner we deal
with takes an interest inmena Counsel asked Lazar
our matters.”
how he envisaged the traditional legal model/structure

64 ASIAN-Mena COUNSEL

changing over the course of the next five to ten years. He commented that the Legal Profession Amendment Act 2012 - which
has yet to come into force - will impact Malaysia’s legal landscapeconsiderably because it will open up the market. “Whilst the liberalisation is believed to have multiple benefits for the country’s
economy…[it] will cause direct competition to the local law firms
and in order to survive this, local law firms …will need to merge
with these foreign multi-service firms.” He described thesechanges as inevitable but added that whether or not these changes
were “desirable,” were the subject of much debate.

SINGAPORE
Drew & Napier

Embedded in Drew & Napier’s DNA isthe determination to achieve winningoutcomes, according to CEO, Davinder
Singh. Putting themselves “in the shoesof the client” assists in “providing commercially relevant solutions, quickly and…to the client’s needs, within the shortest possible time,” And this formula hashelped galvanise their reputation in
Davinder Singh
Singapore as one of the most responsive
firms in the city.
In terms of industry specific advice, each team is led by adirector who is a recognised leader in the market. The team leaders serve as mentors to the more junior case-handlers in order togroom them, transfer their experience and instil in them a sense ofconfidence. And they are very selective about who they hire,according to Singh. Five to 10 years from now, Singh predicts that“law firms which provide a different and unique value proposition, which continue to draw
and nurture talent and…which
In-house counsel say:remain professional and ethi“Drew & Napier are
cal will always have a bright
responsive ... fast turnfuture, no matter how thearound time.”larger legal landscape or marketplace might change.”

Thailand

Chandler & Thong-ek Law Offices
Chandler & Thong-ek Law Offices won plaudits for being oneof the most responsive firms in Thailand and according to SeniorPartner, Albert T Chandler, this was attributable in part to“detailed, prompt answers to clients’ queries delivered within a
24 hour turn-around time.” A cross-fertilisation of thought
between the firm’s four main practice groups also ensures that
their clients receive “complementary and combined expertisefrom both Thai and internationally qualified lawyers.” An inhouse policy of each project group coming together on a weekly
basis to review work in each of their practice sectors also

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Asian-mena Counsel – In-House Community Survey 2013

ensures a commitment to quality via a healthy exchange
of information.
In terms of added value, the firm “keeps specific clientsregularly updated on Bills introduced by Parliament that havethe potential to affect their businesses.” The firm also provides“English translations of these Bills as they are amended during
the Parliamentary process,” a unique offering which distinguishes and strengthers their service.
Taking a flexible approach to costs and fee structures,
Chandler and Thong-ek tailors its engagement letters dependingon the nature and scope of the work required so that its clientsare able to budget for fees and expenses.
Chandler predicts that the ASEAN Integration 2015 will havea considerable impact on thelegal panorama given that a
In-house counsel say:by-product of this accession“Experienced, withwill entail “the arrival ofreasonable fees”.
more foreign law firms.
“They are experts andClients’ expectations in relaresponsive.”tion to cost and quality willrise as a result,” he predicted.

UAE

Clyde & Co
At Clyde & Co, the importance of developing client relationships
and ensuring quick turn-around times is instilled in all trainees andassociates at a foundational level, and it is this formula that has
earned the firm commendation for responsiveness. “This drives
ownership and a desire to ensure client expectations are exceeded,”according to Clyde & Co’s Dubai Managing Partner, Jonathan
Silver. The transfer and dissemination ofknowledge is also actively encouraged inorder to strengthen skills and expertise; italso enables Clyde & Co to provide better
sector/industry advice, according toSilver. The firm does this by “planningand seeking relevant industry secondments…including an internal secondment
program which allows...associates to gain
experience in other offices of the firm.”
Jonathan SilverThis broadens the team’s jurisdictional
exposure.
By aggregating an “immense store of knowledge that the firmhas,” clients are kept updated on developments and “lessons fromthe past are fully applied to current engagements.” This is one of

In-house counsel say:
“Clyde & Co have breadth of expertise.”“They dealt with our ad hoc queries promptly.”“Reliable ... with Global know-how.”

Volume 11 Issue 5, 2013

the ways the firm is able to add value. In addition, matters are fully“resourced up and down the experience ladder to ensure clients get
appropriate and cost effective advice,” according to Silver.
Priding themselves on providing “real value for money,” thefirm attempts to explore billing alternatives with its clients with aview to arriving at mutually beneficial pricing arrangements.
Silver adds, on a more cautious note, that they try to avoid billing
surprises by providing realistic estimates.
When forecasting the changes that may lie ahead over the next
5-10 years, Silver commented that globalisation would play asignificant role in the changing legal landscape. He added that
there “would be a development of home grown Middle East
brands on the global stage, for example Emirates and Jumeirah”
and that “firms would need to expand their international reach tomatch the growing expectations of this client base.” Adding
weight to his belief in globalisation, he commented that “firms
would cease to be dependant on work from a particular country
for their existence.” He additionally predicted that “improved useof technology would change the ways in which law firms would
manage themselves.”

Al Tamimi & Company
Part and parcel of responsiveness, according to Managing Partner,
Husam Hourani, of Al Tamimi & Co is a commitment to solutions
based advice. “Providing good quality legal advice on time iswhat distinguishes us from other law firms,” comments Hourani.
Given its focus on the Middle East, a requirement that all casehandlers read and write Arabic enables Al Tamimi & Co to offer
bilingual service whenever the client requires it. In terms of industry specific advice, “the firm has developed dedicated practices todeal with enquiries from clients which relate to employment,
regulatory, white collar crime and healthcare,” states Hourani.
And uniquely, each department has a practice specific litigation
specialist to offer advice pertaining to disputes.

In-house counsel say:“[We had a] number of queries over the year on
domestic issues; Al Tamimi were responsive andable to cover the full spectrum of matters.”“Al Tamimi have a fast response time and are on
point with their advice.”

The firm also has long-standing relationships with government institutions in each jurisdiction it has a presence in, whichtranslates into “providing clients with practical, commercial
advice: an important asset when doing business in the Middle
East,” according to Hourani. This lends itself to thoroughly
understanding the environment in which each client operates,
thereby enabling the firm to add value.
Notwithstanding that the delivery of quality advice is its

65Representing Corporate Asia & Middle East

linchpin, when it comes to fees, the firm will “aim to work
closely with clients to accommodate requests to provide cappedand fixed fees provided the scope of the work is clearly
defined,”comments Hourani.
Finally, Hourani notes that the legal landscape is changing at
a rate and in a manner that has clearly manifested itself in termsof the number of mergers and consolidations taking place. This
has resulted in a smaller number of leading international firms. “I
believe this will create less than 50 international law firms that
dominate a substantial part of the market. Having said that, there
will always be a place for good quality local and regional law
firms who will be preferred by clients [in need of] local advice.”

Hadef & Partners
Taking a proactive approach and keeping abreast of legal, political and business developments, enables Hadef &Partners to maintain its edge in terms of
responsiveness, according to DubaiManaging Partner, Sadiq Jafar. The
firm operates to “international standards” and strives to leverage its “considerable global and domestic
Sadiq Jafar
experience whenever possible,” states
Jafar. The firm has a pool of lawyers
who are ex in-house, and by drawing on their past collective
experience, this assists in overcoming challenges from the pointof view of the client and as a result, the firm is able to meet theclients’ needs.
Bespoke in-house training seminars ensure that its lawyers are
kept up to speed with legislative and other changes and regular
newsletters are circulated to ensure that clients have access to thelatest insights and legal developments, according to Jafar.
Being clear and transparent about its fees at the outset and on
an ongoing basis helps the firm avoid surprises down the road. By
focussing on optimal outcomesand value, the firm strengthens
In-house counsel say:and maintains its client rela“[They have] expertise,
tionships, Jafar adds.
quick reactions, andSeparately, Jafar comments
provide good suggestions
on how the legal landscape has
and input.”changed and how the in-housecommunity has grown over thelast 10 years. The Emirate panorama is becoming increasingly competitive as the number ofinternational law firms with UAE offices has also continued to
expand. “One of the biggest challenges for UAE based law offices
over the coming years, will be to provide clients with access tolawyers with the appropriate balance of local and international

66 ASIAN-Mena COUNSEL

experience. Client service is key; a primary differentiator for law
firms will be how they deliver legal advice, together with commercial relevancy and speed of turnaround,” Jafar concluded.

ChinaKing & Wood Mallesons
King & Wood Mallesons relies upon its structure to deliver highquality work to its clients, according to Managing Partner, Wang
Ling. “Our governance structure includes
firm wide unified management and operations, full legal services, training systems, risk management as well as
knowledge management.” Forming relevant teams based on industry sectors
empowers each team to draw on theknowledge of the firm’s practice grouplawyers specialising in M&A, taxation,
financing and IP etc, states Ling. In thisWang Ling
way, the firm is best placed to provide
industry-specific advice. Ling commentsthat the firm’s breadth of experience and capabilities in industry
sectors pave the way for providing added value to the cliIn-house counsel say:ents. In terms of fees, the firm
“King & Wood Mallesons
works together with its clients[have] sophisticated legal
to control budgets where necexpertise.”essary, and ensures that its
tasks match the seniority of its
lawyers to reduce fees as muchas possible.
On the future of the legal industry, Ling states that the modelof the law firm will not necessarily change over the next 3-5 years,
but law firms’ strategies will. Strategies will have to be modified
according to the needs of the clients and will shift in line with thechanges in the market. Specifically, Ling predicts that there will
be greater “internationalisation in order to satisfy” the needs of“Chinese clients engaging in outbound work.”“We appreciated very much Asia-menaCounsel’s hard and excellent work whichenables us to get feedback from such wide
range of in-house counsel from among the
In-House Community ...”
Wang Ling,
Managing Partner,
King & Wood Mallesons

www.inhousecommunity.com

Special Feature

Making a Case for change in foreign arbitrations
By Manjula Chawla, Abhishek Bhalla and Kripi Kathuria, Phoenix Legal

Making a Case for change in
foreign arbitrations
Manjula Chawla, Abhishek Bhalla and Kripi Kathuria of Phoenix Legal examine theimpact of India’s Bharat Aluminium case on foreign arbitrations.
The Bharat Aluminium CaseOn September 6, 2012, the Supreme Courtof India, the apex court of the country,
delivered a landmark judgment in thecase of Bharat Aluminium Co. v. Kaiser
Aluminium Technical Services, Inc. (Bharat
Aluminium), restricting the ability of Indian
courts to interfere in foreign arbitrations.

Structure of the Act
The (Indian) Arbitration & Conciliation
Act 1996 (Arbitration Act) is divided into
four parts. Part I of the Arbitration Act(Part I) is applicable to arbitration proceedings, where the place/seat or arbitration is in India (Domestic Arbitration),and Part II of the Arbitration Act (Part II)
governs the enforcement of ForeignAwards in India.
Part I of the Arbitration Act regulates
arbitrations at all the four stages, that is,(a) commencement of arbitration; (b) conduct of arbitration; (c) challenge to theaward; and (d) recognition or enforcementof the award. However, Part II of the
Arbitration Act regulates arbitration only
in respect of commencement and recognition or enforcement of the award.
Therefore, provisions of Part I of the
Arbitration Act provide Indian courts
supervisory jurisdiction in relation to arbitrations. Under Part I, Indian courts have,inter alia, the power to award interim
relief (under Section 9) and annul arbitration awards (under Section 34). However,under Part II of the Arbitration Act, there
are no provisions regulating the conduct of
the arbitration nor challenging the award.
It only empowers Indian courts to refer theparties to arbitration outside India andregulate recognition and enforcement of
Foreign Awards in India.
Under Part II, Indian courts have limited power to refuse enforcement of ForeignAwards on certain grounds such as where
the arbitral award contains decisions on
matters beyond the scope of the submission
to arbitration, where the subject matter ofthe dispute is not capable of settlement byarbitration, and where enforcement of thearbitral award would be against the public
policy of India, etc.

Background
Prior to the Bharat Aluminium judgment,in Bhatia International v. Bulk Trading
S.A.1 (Bhatia International) and Venture
Global Engineering v. Satyam Computer
Services Ltd.2 (Venture Global) judgments, the Supreme Court had held that
Part I of the Arbitration Act applies to allarbitrations, including arbitrations where
the place/seat was outside India (Foreign
Arbitration), except if the parties to theForeign Arbitration had expressly or by
implication excluded the applicability ofprovisions of Part I.
The effect of the said judgments wasthat even in Foreign Arbitrations, Indian
courts had the power to, inter alia, award
interim relief and annul Foreign Awards.
This resulted in increased interference ofIndian courts in arbitration matters andseemed to defeat the very purpose ofarbitration, which is to reduce the hurdles
and produce a simple and speedy system
for settlement of disputes and enforcement of awards.

Facts
Two parties entered into an agreement forthe supply of goods and services. The“Prior to the Bharat Aluminium judgment … Indian courts
had the power … to award interim relief and annul
Foreign Awards. This resulted in increased interference ofIndian courts in arbitration matters and seemed to defeat
the very purpose of arbitration”
Manjula Chawla

Volume 11 Issue 5, 201367

Special Feature“Under the Arbitration Act, the parties to an arbitrationagreement possess the freedom to decide the place/seatof arbitration and rules applicable to the arbitration. The
Supreme Court in Bharat Aluminium has held that the
Arbitration Act, based on the UNCITRAL Model Law, isa seat centric law”
Abhishek Bhalla

agreement contained an arbitration clauseproviding for settlement of disputes byarbitration pursuant to English Arbitration
Law. The arbitration clause further provided that the court of Arbitration shall beheld wholly in London, England. The governing law clause of the agreement provided that the agreement will be governed
by Indian laws and in case of arbitration,
English law shall apply.
Disputes arose between the parties
which were referred to arbitration. In thearbitration proceedings held in England,
the arbitral tribunal passed two awards.
The aggrieved party filed an application in a district court in India under
Section 34 of the Arbitration Act (provided in Part I) for setting aside/annulment of the said awards.
The above case, as well as the appeal
filed in the High Court of Chhattisgarh weredismissed on the ground that the applications filed under Section 34 are not maintainable against the two foreign awards.
The aforesaid decision of the High
Court of Chhattisgarh was challenged
before the Supreme Court in the Bharat
Aluminium case.

Judgment
In Bharat Aluminium, the Supreme Court,
overruling the Bhatia International and
Venture Global judgments, held that Part Iof the Arbitration Act does not apply toForeign Arbitrations. Accordingly, nointerim relief can be awarded by Indian
courts in relation to Foreign Arbitrations
and that the Arbitration Act does not
empower Indian courts to annul any
Foreign Awards.

68 ASIAN-MENA COUNSELDistinction between Venue, Seatand Procedural Law
In Bharat Aluminium, the Supreme Court
undertook a detailed analysis of the position of arbitration law in India prior to the
Arbitration Act, the objects of the
Arbitration Act and analysed the provisions of the Arbitration Act in light of the
UNCITRAL Model law, which was thebasis of the Arbitration Act.
A key issue for the Supreme Court
was to determine if the Arbitration Act
was ‘seat centric’ and based on territoriality or if it was ‘subject centric’.
Under the Arbitration Act the parties
to an arbitration agreement, possess the
freedom to decide the place/seat of arbitration and rules applicable to the arbitration. The Supreme Court in Bharat
Aluminium has held that the Arbitration
Act, based on the UNCITRAL Model
Law, is a seat centric law.
The Court observed that as a generalrule, the procedural law applicable to anarbitration proceeding is the procedural lawof the seat of the arbitration. In this context,
the Supreme Court differentiated between
the concept of ‘place’ or ‘seat’ of arbitrationand the ‘venue’ of arbitration. The court
observed that although generally the seatand the venue of arbitration would be thesame, it was possible for parties to choose
one place as the seat and another as thevenue for convenience, especially in international commercial arbitrations.
The Court held that Part I of the
Arbitration Act will apply only if the arbitration agreement provides for the “seat” /“place” of arbitration in India. If the “seat”/ “place” is outside India, Part I would beinapplicable to the extent inconsistent withthe arbitration law of the seat, even if theagreement provides that the Arbitration Act
shall govern the arbitration proceedings.
The Court also observed that only the
courts of a country where an arbitration isseated had supervisory jurisdiction oversuch proceedings, and if such supervisory
power was provided to courts of morethan one jurisdiction, there would be no
certainty or uniformity. In view of theabove, the Court further clarified thatmaking Part I of the Arbitration Act applicable to Foreign Arbitrations would provide Indian as well as foreign courts
supervisory jurisdiction and that was notcontemplated under the provisions of the
UNCITRAL Model law or the Arbitration
Act. Accordingly, the Court held thatIndian courts did not have supervisory
jurisdiction over Foreign Arbitrations.

Interim relief and the power toannul Foreign Awards
An issue raised before the Court in Bharat
Aluminium was that if Part I of the
Arbitration Act was not allowed to be madeapplicable to Foreign Arbitrations, in theabsence of provisions similar to Part I (thatis, interim relief and annulment of award)
in Part II of the Arbitration Act, parties
would be left without relief remediless.
With respect to both the issues, theCourt held that the relief lay before theappropriate foreign courts and that oncethe parties had chosen to seat the arbitration outside India, they ought to haveunderstood its implications. Further, on
the issue concerning filing of a suit inIndia for interim relief, in relation to a

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Making a Case for change in foreign arbitrations
By Manjula Chawla, Abhishek Bhalla and Kripi Kathuria, Phoenix Legal“Under the earlier legal regime, parties had theoption of choosing a foreign seat of arbitration,
while continuing to have access to interim
relief in India”
Kripi Kathuria

subject matter of Foreign Arbitration, theCourt held that once the dispute or causeof action was subject to a Foreign
Arbitration, the parties could not file a suitin India for any kind of interim relief.
Therefore, in the case of a Foreign
Arbitration, the parties would no longer
have the option of approaching an Indian
court for interim relief or for the annulment of a Foreign Award.

Enforceability of Foreign Awards
from Non-Convention countries
Part II of the Arbitration Act deals with
enforcement of Foreign Awards passed in
specified reciprocating countries that are
signatories to the Geneva Convention on
the Execution of Foreign Arbitral Awards,
1927 (Geneva Convention) or the New
York Convention on the Recognition and
Enforcement of Foreign Arbitral Awards,
1958 (New York Convention). In case of
Foreign Awards passed in countries
other than the above (Non-Convention
Countries), the Arbitration Act provides
no specific enforcement mechanism.
In view of the above, a view was taken
in Bhatia International that if it were to beheld that Part I of the Arbitration Act did
not apply to Foreign Awards, then there
would be no remedy in India for enforcement of Foreign Awards passed in NonConvention Countries.
The above argument was also raised
before the Supreme Court in Bharat
Aluminium, and the Supreme Court heldthat courts were empowered to interpret
legislation and not fill gaps left by thelegislature, and accordingly, the fact thatthe legislature had not prescribed a mechanism for enforcement of Foreign Awards
passed in Non-Convention Countries,

Volume 11 Issue 5, 2013

could not be remedied by applying Part Iof the Arbitration Act to such ForeignAwards, against the clear interpretation of
the provisions of the Arbitration Act.

Conclusion
The decision of the Supreme Court in
Bharat Aluminium clearly establishes that
Foreign Arbitrations are not subject to Part Iof the Arbitration Act and therefore, Indian
courts do not have supervisory jurisdiction
over such proceedings. In the wake of thedecisions in Bhatia International and Venture
Global, parties to international commercial
arbitration agreements were required toexpressly or by implication exclude theapplication of Part I of the Arbitration Act,
which will no longer be necessary.
In view of the fact that various Indian
courts had applied the ratio of Bhatia
International and Venture Global in various cases, the Supreme Court has categorically held that the position clarified in
Bharat Aluminium would apply to arbitration agreements executed after the decision, that is, September 6, 2012.
Although the Supreme Court has clarified the law on the issue of applicabilityof Part I of the Arbitration Act, the distinction created between ‘seat’ and ‘venue’ ofarbitration, and the applicability of Part I
if the seat of arbitration was in India,
could lead to ambiguity where the parties
do not clearly identify the place of arbitration. Further, parties now have the flexibility to clearly identify the seat ofarbitration in arbitration clauses and also,
if required, provide for the venue to be amore convenient place. However, theabove could be used by the parties tomerely specify the seat of arbitration as
India to ensure applicability of Part I of

the Arbitration Act, but for all practical
purposes have a foreign seat. In such scenarios, it will also need to be examined if
an arbitration agreement providing for
India as the seat but a foreign venue isaccorded the same treatment in a foreign
jurisdiction as stated in Bharat Aluminium
or if the foreign jurisdiction would treat its
own territory as the seat. In which case, aconflict of jurisdictions could arise.
In view of the above pronouncementof the Supreme Court, based on the subject matter of the agreement, parties will
now have to carefully evaluate the choiceof seat of arbitration. Under the earlier
legal regime, parties had the option ofchoosing a foreign seat of arbitration,
while continuing to have access to interim
relief in India.
Going forward, in a situation whereobtaining interim relief in India could becritical for a party, given the subject
matter, it would be preferable to choose
India as the seat of arbitration. However,where a party prefers to approach the relevant foreign arbitral tribunal/courts forinterim relief, it would be preferable if theseat of arbitration is outside India.

Footnotes:
1.
2.

(2002) 4 SCC 105

2008 (1) Scale 214

manjula.chawla@phoenixlegal.in
abhishek.bhalla@phoenixlegal.in
kripi.kathuria@phoenixlegal.in

69

JURISDICTION UPDATES
Indonesia

New import rules for cell phones in Indonesia

By Christina Natalia Soela
Indonesia’s Minister of Trade has issued a new regulation that specifically governs the importation of, among other items, cellular telephones. Cellular phone imports were previously covered by a moregeneral Minister of Trade regulation that lumped together a lot of different products.
Imports of cellular phones soared in the years leading up to the
new regulation. Indonesia, according to media reports, imported 25
million mobile phones in 2009, 43 million in 2010 and 45 million in
2011. The import value increased to US$2 billion in 2010 from
US$1.6 billion in 2009.
With that background, the Minister of Trade issued Regulation No.
82/M-DAG/PER/12/2012, regarding Provisions on the Importation of
Cellular Telephones, Handheld Computers and Tablet Computers (MOTReg 82). In a press release accompanying the issuance of the regulation,
the Ministry said its aim was to protect consumer interests by improving
the supervision of imports to ensure they met quality standards.
Under MOT Reg 82, importers of cellular phones are required (i)to be established as a Registered Importer (Importir Terdaftar or IT) of
cellular phones; and (ii) have Importation Approval (Persetujuan Imporor PI) for cellular phones from the Director General of Foreign Tradeat the Ministry of Trade.
One of the requirements to become a Registered Importer of cellular phones is that the importer must have experience either as animporter of cellular phones or as a distributor of cellular phones inIndonesia. There is no minimum period for such previous experience. Aslong as an importer is established as a Registered Importer under theprevious Regulation and has obtained either a Surveyor Report thatindicates the company has previously imported cellular phones or an
Import Declaration of cellular phones, it can apply to become a
Registered Importer of cellular phones under MOT Reg 82.
The result of these requirements is that newly established trading
companies are in danger of finding themselves unable to become
Registered Importers of cellular phones.
While there is no minimum previous experience as a cellular phone
importer required to become a Registered Importer, MOT Reg 82
requires that distributors of cellular phones have at least three years ofexperience in this field. A company must provide the following documents to prove it has three years of experience as a distributor:
1. Trading Business License;
2. Distributor Certificate of Registration (Surat Tanda Pendaftaran or

70 ASIAN-MENA COUNSEL

STP) of Goods within the country or overseas for cellular phones
issued by the Directorate General of Domestic Trade; and3. Letter of Appointment or cooperation as a distributor of cellular
phones from a cellular phone importer.
Interestingly, or worryingly, it is not possible for a foreign capital investment(Penanaman Modal Asing or PMA) company to provide an STP since
under the relevant Minister of Trade regulation, an STP is only granted towholly owned Indonesian companies. This could result in the restrictionof foreign investment in the importation and distribution of cellular phones
even though this line of business is open for 100 percent foreign ownership based on Indonesia’s so-called Negative Investment List.
There is still confusion over this issue, though Ministry of Tradeofficials have verbally confirmed that MOT Reg 82 is not aimed at
restricting foreign investors from engaging in the importation and distribution of cellular phones.
On a separate note, MOT Reg 82 requires a Registered Importerof cellular phones to trade and/or transfer the imported cellular phones
to distributors, not to retailers. This contradicts the normal businesspractice of importers, who usually also act as distributors and sell theirimported products directly to retailers.
An amendment to MOT Reg 82 issued on August 1, 2013, MOT
Regulation No. 38/M-DAG/PER/8/2013 (MOT Reg 38), expands thedefinition of a principal that is able to appoint a company in Indonesia tobe its importer and distributor or agent, adding overseas distributor, in
addition to the overseas trademark holder and manufacturer stipulated in
MOT Reg 82. However, a company importing cellular phones from anoverseas distributor must have at least three years of experience as animporter of cellular phones and a network of at least 25 after-sales service offices throughout Indonesia to obtain Importation Approval. An
importer appointed by an overseas manufacturer is required to establish
a cellular phone manufacturing company within three years of being
granted Registered Importer status. Failure to comply with this obligation
may result in the revocation of its Registered Importer status.
Interestingly, MOT Reg 38 provides the opportunity for exemptions. It is not clear, however, how such exemptions will be granted oreven the kind of exemptions. MOT Reg 38 says only that exemptions
will be stipulated by the Minister of Trade through the Director Generalbased on a recommendation from the relevant agency.

Soewito Suhardiman Eddymurthy Kardono (SSEK)
14th Floor Mayapada Tower, Jl. Jend. Sudirman Kav.28,
Jakarta 12920, Indonesia
Tel:(62) 21 304 16700 / 521 2038
Fax:(62) 21 521 2039
Email: christinasoela@ssek.com
www.ssek.com

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QATAR

Lifting or piercing the corporate veil

By David Salt and Louise Verrinder
The general principle
Limited Liability Companies (LLCs) established pursuant to Law
No.(5) of 2002 as amended (the Companies Law) are the mostcommon vehicles used by foreign investors in Qatar. LLCs have traditionally been seen as a safe option by foreign investors who arefamiliar with the general principle of the ‘corporate veil’, a legal concept which separates the personality of a limited liability corporate
entity from the personalities of its investors by limiting their liability to
the amount each invested in the LLC, except in exceptional circumstances, generally involving fraud, referred to as ‘lifting’ or ‘piercing’
the corporate veil.
In Qatar the circumstances where the piercing of the corporate
veil is possible may not be so exceptional. Under Article 290 of theCompanies Law (Article 290) it is possible to expose the shareholders to the LLC’s liabilities in circumstances where the LLC looses half
or more of its capital regardless of the reason for those losses, effectively resulting in a loss of limited liability.
Article 290
According to Article 290 where an LLC has losses amounting to half
or more of its share capital, the following steps should be taken:(1) The Manager(s) (or any person whose name appears on theCommercial Register as an LLC authorised signatory) must call a
Shareholders’ General Assembly.
(2) The shareholders must resolve (by a majority of shareholders
holding 75 percent of the share capital), to either:(a) reinstate the LLC’s capital; or(b) dissolve the LLC.
Both of these steps must be complied with and completed within 30
days after the date the losses amounted to half or more of the LLC’s
share capital, in order to avoid the shareholders and/or theManager(s), becoming jointly and severally liable for all the LLC’s
debts, effectively resulting in a shareholder guarantee.
How to avoid a breach of Article 290
It is not unusual for an LLC to incur losses which exceed half of its
capital in the early stages following incorporation but this will notnecessarily prevent the business becoming profitable once it is more

Volume 11 Issue 4, 2013

established. So what can be done to prevent the principle of limited
liability being lost?
(1) The initial capitalisation should be carefully considered as required
by Article 232 of the Companies Law which states that the LLC’s
capital be “…sufficient to realise its objects”. By carefully assessing
the amount of capital needed to run the business in its pre-profit
stages rather then merely complying with the minimum QAR
200,000 capital requirements, the adverse consequences of
Article 290 could be avoided.
(2) The Companies Law does not specify when and how to determine the LLC’s losses, although the generally accepted positionis that when the net position of the LLC is negative (ie. when
the losses appear in the audited accounts) and the losses
amount to half or more of the LLC’s share capital then Article
290 will apply. Carefully reviewing the annual audited accounts
and requesting the appointed auditor to prepare regular interim
accounts will allow the auditors and the Manager(s) to foresee
when Article 290 losses are likely to occur and take preventative action if necessary.
What does this mean in practice?
The application of Article 290 remains largely untested before the
Qatari courts. In practice, the Article 290 issue will usually only crystallise in situations where:a) the annual accounts show a loss;b) the LLC’s third party creditors issue a debt recovery or bankruptcy
claim against the company for failure to make payments; orc) where a shareholder wishes to sell its shares and the third party
buyer questions the valuation of the LLC.
In order to avoid falling foul of Article 290 the preventative measures suggested in this article should be considered as a matter ofstandard practice.
Note: all Qatari Laws (save for those issued by, eg. the QFC to regulate its own
business), are issued in Arabic and there are no official translations, therefore forthe purposes of drafting this article Clyde & Co LLP has used its own translationand interpreted the same in the context of Qatari laws, regulation and current
market practice.

Clyde & Co LLP
Qatar Financial Centre, West Bay, Doha, Qatar
PO Box 31453
Tel: 		 (974) 4496 7434
Fax: 		 (974) 4496 7412
Email: david.salt@clydeco.com
louise.verrinder@clydeco.com
www.clydeco.com

71JURISDICTION UPDATES•Saudi Arabia

Saudi Arabia visa amnesty update• Leaving the employer’s workers to work on their own accountor for someone else; or• Hiring workers of others without following the statutory rules
and procedures.
The Amnesty only covers individuals who have work and residency
sponsorship under one employer but who are working for anotherand individuals who had lawful sponsorship which has since expired
but have remained in KSA and now work illegally for another
By Sara Khoja and Antonio Michaelides employer. The Amnesty only applies to persons whose violations
were committed before April 6th, 2013 and government fees
incurred on the violations will not be exempted under the Amnesty.
Earlier this year, the Ministry of Labour (MoL) in Saudi Arabia (KSA)
All employers and individuals are required to correct the stalaunched a series of surprise labour inspections designed to root out
tus of their employees or their individual status respectively by the
unlawful working in KSA. The scale of the irregularities discovered
expiry of the Amnesty; through either ensuring that the correct
lead to the declaration of an amnesty which, following an extension,sponsorship is put in place or repatriating indiwill now expire on 03 November 2013viduals to their home countries. Employers in(Amnesty).
Each foreign individual (meaning an individual
The KSA authorities violation of the labour and immigration laws will
be subject to a fine of SAR 10,000 per employee
who is not a KSA national or a national of one ofare encouraging
employed unlawfully, and a potential jail senthe other five Arabian Gulf Cooperation Council
tence of at least 2 years (maximum 5 years).
(AGCC) countries) working in KSA must have a
individuals and
The KSA authorities are encouraging individKSA - registered entity or national sponsoring him
employers touals and employers to benefit from the Amnesty
for work and residency visa purposes.
and have made it clear that leniency will be
Such authorisation permits the individual tobenefit from theshown to those correcting violations. The
work for the individual or entity sponsoring him
Amnesty and haveAmnesty and greater enforcement action must bein the role specified on the labour card andviewed against the wider aim to promote theresidency permit. It is unlawful under KSA immimade it clear that
employment of KSA nationals and modernise
gration and labour regulations for an employee
leniency will belabour arrangements in KSA (in agreement withsponsored for work and residency by one comthe major labour exporting countries such as thepany to work for another company or in a role
shown to thosePhilippines, India, and Indonesia).
other than that specified in his authorisation
correcting violations
In addition, a series of amendments to thepapers. It is also unlawful for an employer to
KSA Labour Law have been published. These,
employ workers who are under the sponsorshipalong with other proposals (such as unemployof others.
ment benefit for KSA nationals and measures to enhance job
The MoL will inspect the firms and investigate any violations,location and recruitment for returning graduates to KSA) will be
and report them to the Ministry of Interior (MoI). The MoI shallthe subject of attention in the coming months.
arrest, deport and take punitive measures against violators who
are working for their own benefit and against those who abscondas well as the employers, benefactors of such violators, those
covering for them and transporting them in addition to any person
having a role in such violation.
Abdulaziz A. Al-Bosaily Law Office
The Rules for Dealing with Expatriates in Violation of the Laws
in association with Clyde & Co LLP(the Rules) published by the MOI include 14 articles identifying theTel:(966) 11 200 8817  
competent authority for enforcing the penalties, the penalties andthe employer’s obligations. Employers who have been charged
Fax:(966) 11 200 8558
with violation of the Rules will be prohibited from recruiting forEmail: sara.khoja@clydeco.com
eign employees for a maximum period of 5 years. Examples ofantonio.michaelides@clydeco.com
violations include:www.clydeco.com• Hiring illegal immigrants;

72 ASIAN-MENA COUNSEL

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South Korea

Working with ‘Inter Partes Review’Secondly, a patent litigation in the US is known to be expensive, easily exceeding millions of dollars. In contrast, an IPR
proceeding normally costs hundreds of thousands of dollars, andis an order of magnitude less than the cost of a regular patent
litigation.
Moreover, an IPR proceeding is adjudicated by a panel of threepatent judges at the Patent Trial and Appeal Board (PTAB), rather
By Sungho Hongthan by examiners as in the reexamination procedures, and mostpatent judges have technical degrees with years of experience inthe relevant art in addition to law degrees. Accordingly, the PTAB
On September 16th, 2012, the US Patent and Trademark Officeis thought to be a better venue to contest patent matters having(USPTO) initiated a new procedure called Inter Partes Review or
substantial technical complexity.
IPR, replacing the earlier procedure called Inter
It is important, however, to note that thePartes Reexamination. Under the new provision... although it ispetitioner in an IPR must consider the issue ofestablished by the America Invents Act, a person
difficult to assess
estoppel. That is, a petitioner may not assert
who is not the patent owner and has not previouslythat a claim is invalid on any ground that the
filed a civil action challenging the validity of a claim
the efficacy at thispetitioner raised or reasonably could haveof the patent may petition for an IPR proceeding of
early stage ofraised during the IPR proceeding in any subsethe patent to challenge the validity of one or morequent or companion litigation. In addition,
claims of the patent.
availability, an IPR
there is always the possibility that the original
According to the statistics, a total of 296 petiproceeding appears
claims or claims as amended may be confirmed
tions for IPR have been filed with the USPTO as
in the IPR as being patentable in considerationof June 17th, 2013, of which only 7 petitions
to have manyof the prior art, which would allow the patent(about 2 percent) have been denied, indicating
advantages over aowner to continue enforcement of an eventhat the overwhelming majority of the petitions
stronger patent.
have been granted. In addition, initial reports
full scale patent
In summary, although it is difficult to assess
suggest that US district courts are staying litigalitigation including
the efficacy at this early stage of availability, antion in favor of IPR at the surprisingly high rate of
60 percent.
shorter proceedings IPR proceeding appears to have many advantages over a full scale patent litigation including
Considering the initial statistics and despite theand reduced costs
shorter proceedings and reduced costs.
fact that most IPR petitioned have not yet gone all
Moreover, the USPTO may be a preferable
the way through to completion, we can still makevenue over the district court to contest patent matters having
observations as to potential IPR strategies and considerations.
complex technical issues.
Many practitioners believe that IPR is a valuable tool to consider when an infringement issue arises with respect to a patent in
the US, because it offers many advantages compared to a full-scale
Lee International IP & Law Grouppatent litigation. First of all, it is fast – so fast that it has been nickPoongsan Bldg. 23, Chungjeongro
named a mini-trial within the USPTO. While a patent litigation in a
Seodaemun-gu, Seoul 120-837
US district court takes on average about 30 months or more to
Korea
conclude, an IPR, called a mini trial within the USPTO, including theTel:
82 2 2279 3631, 2189 3661 (Direct)
possibility for limited discovery, is statutorily required to be comFax:
82 2 2273 4605 / 2277 7763
pleted within one year of institution, although the time may be
extended up to six months for good cause. That is, an IPR proEmail: 	shong@leeinternational.com
ceeding, which wraps up within 18 months at most, takes aboutwww.leeinternational.com
half the time of a patent litigation.

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Volume 11 Issue 4, 201373

JURISDICTION UPDATESUNITED ARAB EMIRATES

Study reveals Middle East M&A and JV trends

By Philip O’Riordan and John O’Connor

Limitations on sellers’ liability: 52 percent of M&A deals had acap of half or less than half of the purchase price, reflecting more of a
US than UK model. There was also widespread use of ‘de minimis’,‘baskets’ and other common limitations on liability.
Choice of law/forum: 41 percent chose courts and 59 percent
chose arbitration as the forum to resolve disputes. (Interestingly, thisdiffers significantly from JVs where arbitration was overwhelmingly thepreferred choice of forum.) There was also a clear tendency towards
the use of English law.
JVs

Across the Middle East, it is apparent that increasingly streamlined andsophisticated corporate legal regimes are being implemented byrulemakers to facilitate ease of doing business and make their respective jurisdictions more attractive to investors. This welcome trend is
set to continue and, in the UAE, is buoyed by a healthy competition
between the Emirates and their various Free Zones for attracting
investment. This has no doubt contributed to MSCI’s recent upgradeof Qatar and the UAE from ‘frontier’ to ‘emerging’ markets.
In the private sector, businesses are showing an appetite toengage in increasingly complex legal transactions. No longer content
to rely on the ‘basic’ provisions seen in M&A and JV transactions,decision makers, guided by an increasingly sophisticated team of inhouse counsel, are eager to explore ways and means to extract extra
value from M&A transactions and JVs.
Mindful of these complementing trends, Clyde & Co LLP published its inaugural Middle East Deal Study earlier this year. The Study
analyses data collected from 86 key M&A and JV transactions that thefirm worked on in the Middle East during 2012 and provides adetailed analysis of the legal terms on which those JV and M&A transactions were carried out.
The Study is the first of its kind in the region and is a helpful tool
for those negotiating their own M&A and JV transactions. It provides
an insight into what could be considered current ‘market practice’ andhelps the reader focus on important legal and practical issues to bearin mind when negotiating M&A or JV transactions.
A selection of high-level conclusions from the Study is set out below.

Offshore structures: 29 percent of JVs used a corporate vehicle
from outside the region, such as the Cayman Islands or BVI, providing
options such as different classes of shares (not generally available in
Middle East jurisdictions).
Share transfers: 64 percent of JVs contained contractual provisions restricting transfer of shares, in addition to statutory pre-emption rights. 25 percent of JVs included lock-in periods on sharetransfers of between 1 and 5 years, 23 percent included tag alongrights, 17 percent included drag along rights and 12 percent included
put/call options.
Reserved matters: 69 percent of JVs included a schedule of contractual reserved matters. Note, however, that where a “local” corporate
vehicle is used, a number of matters will in practice require the consent
of all shareholders and this can provide an effective form of veto.
Deadlock resolution: 75 percent of all JVs contained deadlock
resolution provisions. Where the agreement specified that the JVshould terminate in the event of a deadlock which could not be
resolved, various mechanisms were seen, including ‘Russian Roulette’and ‘Mexican/Texas Shootout’ procedures.
Choice of law/forum: the preferred forum for dispute resolution wasarbitration (93 percent) with DIFC/LCIA Arbitration Rules being the mostpopular governing rules (47 percent). In terms of choice of law, JV partners tend to prefer English law (48 percent) over other laws.

M&A
Consideration: 76 percent of deals were all cash (total: US$6.9bn)
whereas 21 percent comprised a mixture of cash and equity.
Purchase price adjustment: surprisingly, only 39 percent of M&A
deals included a purchase price adjustment mechanism. Completionaccounts were the most popular mechanism, with earn outs coming
a close second. This is one area which is likely to see movement incoming years.
Security for claims: only 34 percent of M&A deals contained
security for the buyer in the event of a claim for breach of warranty
against the seller.

Clyde & Co LLP
PO Box 7001, Rolex Tower
Sheikh Zayed Road, Dubai
United Arab Emirates
Tel: 		 (971) 4 384 4000
Fax: 		 (971) 4 384 4004
Email: philip.oriordan@clydeco.com
john.oconnor@clydeco.com
www.clydeco.com

74 ASIAN-MENA COUNSEL

To request a copy of the Study, please email:
middleeast.dealstudy@clydeco.com

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VIETNAM

Development trends in the regulation on goods distribution
and trading activities conducted by foreign traders

By Bui Minh Hoang(b) being located in areas planned for goods trading activities by centralaffiliated cities and provinces;(c) being established on a business premises with the area of less than
500 square meters; and(d) having completed the construction of infrastructure.
The table below reflects the main differences between the provisionsof Circular 09 and of Circular 08 regarding the setting up subsequentretail sales outlets:

Legislative history(New) Circular 08
Circular 09
Criteria
To provide guidance to Vietnam’s commitments made upon its
To be counted within the
To be counted within the
The number of retailaccession to the WTO on market openings, the Government sales outlets
area of the district where thearea of province orin 2007 issued Decree No. 23/2007/ND-CP prescribing legal
retail sales outlet is locatedcity where the retail sales
bases for foreign-owned enterprises to engage in trading andoutlet is locateddistribution activities in Vietnam (Decree 23).
Pertaining to the province or Pertaining to the district
The market stability
where the retail sales outlet
city where the retail sales
The main obstacle to a clear and non-burdensome reguis locatedoutlet is locatedlations regime was the economic needs test (the ENT) which
is applicable to foreign investors when establishing more than The population density Pertaining to the province or Pertaining to the district
where the retail sales outlet
city where the retail sales
one retail outlet in Vietnam. Decree 23 and Circular
is locatedoutlet is located
09/2007/TT-BTM dated July 17th, 2007 (Circular 09) proMeeting the master plan of
Meeting the master plan of
The consistency of thevide certain criteria related to the ENT when setting up more
the province or city where the the province or city where theinvestment project
than one retail outlet, i.e. (i) the number of retail sales outlets,
retail sales outlet is locatedretail sales outlet is located(ii) the market stability, (iii) the population density and (iv) the Others
The scale of the district-levelconsistency of the investment project with the master plan of
locality where the retail sales
outlet is locatedthe province or city. There was no further regulation detailing
how the ENT should be conducted. As a consequence, theAdministrative mechanism of the ENT
ENT process is largely dependent on the discretion of the authority
To make the ENT process more transparent and consistent, Circular 08
applying the ENT.
also creates an organisation called the ENT Checking Council (theRecently, the Government took a new step in passing Circular No.
Council) to audit applications of the ENT.
08/2013/TT-BCT dated April 22nd, 2013 of the Ministry of Industry andIn general, the Council is under the governance of the provincial
Trade on the goods distribution activities conducted by foreign owned
people’s committee and is constituted by a group of people who comeenterprises (Circular 08). Circular 08 entered effect on June 7th, 2013
from the relevant licensing authorities. In particular, the Council consists
and replaced Circular 09.
of the representatives of the relevant provincial people’s committee, thedepartment of planning and investment (the management board of the
Differences between Circular 08 and Circular 09
relevant economic zone), the department of industry and trade andRegarding the first retail sales outlet, there is a significant change in theother related authorities which are appointed by the president of theprovisions regulating the establishment of the first retail outlet. While
provincial people’s committee.
Circular 09 provided few provisions to administer the approval of the firstretail sales outlet, Circular 08 seems to be more serious about the matter.
Indochine Counsel
In particular, under Circular 08, the establishment of the first retail sales
Unit 4A2, 4th Floor, Han Nam Office Building
outlet is now subject to the relevant master plan for the retail sales activityof the province and central-affiliated city where such outlet is located.
65 Nguyen Du, District 1, Ho Chi Minh City, Vietnam
For subsequent retail sales outlets, a noticeable change offered by
Tel: (84) 8 3823 9640 | Fax: (84) 8 3823 9641
Circular 08 (Article 7) is that it prescribes an exception for cases where
Email: hoang.bui@indochinecounsel.com
the application of the ENT shall not be applied. Any retail sales outlet
www.indochinecounsel.com
other than the first outlet which meets the following conditions shall not
be subject to the ENT:
Hanoi Branch Office:(a) meeting the master plan of the province or city where the retail sales
T: (84) 4 3795 5261 | E: hanoi@indochinecounsel.com
outlet is locatedVolume 11 Issue 4, 201375

Asian-Mena Counsel DirectYour ‘at a glance’ guide to some of the region’s top service providers.
Indicates an Asian-mena Counsel Firm of the Year.

2011

2012

2013

MR

An Asian-mena Counsel Most Responsive Firm of the Year.

MR

An Asian-mena Counsel Honourable Mention Most Responsive Firm of the Year.
One of this firm’s three largest practice areas in this jurisdiction.

Practice Area key:
INV Alt’ Investment Funds (inc. PE)
COM Antitrust / Competition
AV
Aviation
BF
Banking & Finance
CM Capital Markets
CMA Corporate & M&A

E
ENR
ENV
IA
IP
IF

— LAW Firms —AUSTRALIA
Clyde & Co

Sydney address:
Level 30, 420 George Street, Sydney NSW 2000
Tel:(61) 2 9210 4400
Email:
sydney@clydeco.com
Perth address:
Level 28, 197 St Georges Terrace, Perth WA 6000
Tel:(61) 8 6145 1700
Email:
perth@clydeco.com
Contact: John Edmond
Email:
john.edmond@clydeco.com
Website: www.clydeco.com
ENR

INS

MS

PF

RE

CAMBODIA/MYANMAR/LAOS
LawPlus Myanmar Ltd.

Room 517 Yangon International HotelNo. 330 Corner of Ahlone and Pyay Roads
Dagon Township, Yangon, MyanmarTel:(95) 9 505 6667
Email:
khinhtwemyint@lawplusltd.com
Contact: Ms. Khin Htwe Myint
Website: www.lawplusltd.com
BF

CMA

IP

LDR

RE

——————
Myanmar Legal Services Limited
Room 117, Inya Lake Hotel
37 Kaba Aye Pagoda Road
Mayangone Township, Yangon, Myanmar
Tel:(951) 657 792 ; (951) 650 740
Email:
kckyi@mlslyangon.com;
chapman@mlslyangon.com
Contacts: Khin Cho Kyi; Stefan Chapman
Website: www.myanmarlegalservices.com
BF

CMA

ENR

PF

REG

Indicates a full service firm in this jurisdiction.

Employment
Energy & Natural Resources
Environment
International Arbitration
Intellectual Property
Islamic Finance

INS
LS
LDR
MS
PF

Insurance
Life Sciences
Litigation & Dispute Resolution
Maritime & Shipping
Projects & Project Finance(inc. Infrastructure)

China

RES
TX
TMT

Real Estate / Construction
Regulatory / Compliance
Restructuring & Insolvency
Taxation
Telecoms, Media & Technology

HOng Kong

Bingham McCutchen LLP –Beijing Representative Office2012
Bingham McCutchen LLP
in association with Roome Puhar

China World Tower 3, 1 Jianguomenwai Avenue
50th Floor, Beijing, China, 100004
Tel:(86) 10 6535 2888
Email:
brian.beglin@bingham.com
Contact: Brian Beglin
Website: www.bingham.com

Suites 4901-4904, One Exchange Square
8 Connaught Place Hong Kong
Tel:(852) 3182 1700
Email:
matthew.puhar@bingham.com
Contact: Matthew Puhar
Website: www.bingham.com

CMA

INV

BF

LS

CMA

RES

——————
Clyde & Co.

2012——————

2013

Beijing:
7th Floor, Tower W3, Oriental Plaza 1 East Chang
An Avenue Beijing 100738, P R China
Tel:(86) 10 5814 3600
Email:
beijing@clydeco.com
Contact: Lynia Lau, Partner and
Beijing Chief Representative
Shanghai:Level 23, Shanghai Two IFC, 8 Century Avenue,
Shanghai 200120, China
Tel:(86) 21 6035 6188
Email:
shanghai@clydeco.com
Contact: Ik Wei Chong, Partner andShanghai Chief Representative
Website: www.clydeco.com
MR

ENR

INS

LS

LDR

MS

Hylands Law Firm
5A, East Wing, Hanwei Plaza, No.7 Guanghua
Road, Chaoyang District, Beijing 100004, China
Tel:(86) 10 5201 9988
Email:
jiangjiang@hylandslaw.com
Contact: Jiang Jiang (Partner)
Website: www.hylandslaw.com
COM

CMA

IP

LDR

TMT

Clyde & Co.

2011

2013

58th Floor, Central Plaza,
18 Harbour Road, Wanchai, Hong Kong
Tel:(852) 2878 8600
Email:
hongkong@clydeco.com
Contact: Michael Parker, Managing Director,
Asia-Pacific
Website: www.clydeco.com
AV

INS

MS

LDR

RE

——————
Davis Polk & Wardwell

2012

2013

18/F, Hong Kong Club Building,
3A Chater Road, Central, Hong KongTel:
852 2533 3300
Email:
william.barron@davispolk.com
Contact: William Barron
Website: www.davispolk.com
INV

CM

CMA

Laracy & Co.
Room 2102, 21st Floor, Tower Two, Lippo Centre,
89 Queensway, Admiralty Hong Kong
Tel:(852) 2525 7525
Email:
calvinchan@laracyco.com /info@laracyco.com
Contact: Ms. Calvin Chan
Website: www.laracyco.com
CMA

76 ASIAN-MENA COUNSEL

RE
REG

LDR

MS

www.inhousecommunity.com

P.C. Woo & Co.

2013

12th Floor, Prince’s Building
10 Chater Road, Central, Hong Kong
Tel:(852) 2533 7700
Email:
pcw@pcwoo.com.hk
Website: www.pcwoo.com
BF

CM

LDR

RE

RES

India

Cecil Court 4th Floor, M.K Bhushan MargColaba, Mumbai – 400 039 India
Tel:(91) 22 22899300
Email:
sr.partner@bharucha.in
Contact: MP Bharucha
Website: www.bharucha.inIA——————
Clasis Law

2012

2013

Mumbai:
1202B, Floor 12B, Tower 2B,
One Indiabulls Centre 841 Senapati Bapat Marg,
Elphinstone Road, Mumbai 400 013
Tel:(91) 22 4910 0000
Email:
mumbai@clasislaw.com
Contact: Ishtiaq Ali, Partner.
New Delhi:
14th Floor, Dr. Gopal Das Bhawan, 28, Barakhamba
Road, New Delhi, 110 001
Tel:(91) 11 4213 0000
Email:
delhi@clasislaw.com
Contact: Vineet Aneja, Partner
Website: www.clasislaw.com
AV

CMA

INS

LDR

PF

——————
D.H. Law Associates
111 Free Press House
Free Press Journal Road
215 Nariman Point
Mumbai – 400021. India
Tel:(91) 22 6625 2222
Email:
contactus@dhlawassociates.com
Website: www.dhlawassociates.com
CMA

LDR

IA

——————
Phoenix Legal2012

Mumbai: First Floor, CS-242
Mathuradas Mill Compound, N.M. Joshi Marg
Lower Parel, Mumbai 400013, India
Tel:(91) 22 4340 8500
Email:
mumbai@phoenixlegal.in
Website: www.phoenixlegal.in
Mumbai: 1510, 15th Floor, Maker Chamber – V
Nariman Point, Mumbai – 400021
Tel:(91) 22 2282 3855 / 3125 / 3131
Email:
mumbaicity@phoenixlegal.in
Website: www.phoenixlegal.in
Delhi: Second Floor, 254, Okhla Industrial EstatePhase III, New Delhi 110020, India
Tel:(91) 11 4983 0000
Email:
delhi@phoenixlegal.in
Website: www.phoenixlegal.in
BF

CMA

ENR

INS

PF

Volume 11 Issue 5, 2013

K&K Advocates – intellectual property

Adnan Kelana Haryanto & Hermanto
2011 2012 2013(“AKHH Lawyers”)
Chase Plaza 18th Floor
Jl. Jend. Sudirman Kav. 21
Jakarta 12920, Indonesia
Tel:(62) 21 5208270
Email:
lawyers@akhh.com
Contact: Stefanus Haryanto
Website: www.akhh.com
COM

Bharucha & Partners

CMA

Indonesia

CMA

ENR

LDR

COM

CMA

2012

ENR

MR

2013

Menara Rajawali 16th Floor, Jl. Mega Kuningan, Lot 5.,
1 Kawasan Mega Kuningan, Jakarta 12950, Indonesia
Tel:(62) 21 25557800
Email:
info@ahp.co.id
Website: www.ahp.co.id
Contacts:
Ahmad Fikri Assegaf (ahmad.assegaf@ahp.co.id)
Bono Daru Adji (bono.adji@ahp.co.id)
Eri Hertiawan (eri.hertiawan@ahp.co.id)
Eko Ahmad Ismail Basyuni (eko.basyuni@ahp.co.id)
Ibrahim Sjarief Assegaf (ibrahim.assegaf@ahp.co.id)
Yanu Wiriasmoko (yanu.wiriasmoko@ahp.co.id)
BF

CM

CMA

——————
Bagus Enrico & Partners
DBS Bank Tower, 17th Floor, Suite 1701
Jl. Prof. Dr. Satrio Kav. 3 - 5
Jakarta 12940, Indonesia
Tel:(62) 21 2988 5959
Email:
enrico@beblaw.co.id
Contact: Enrico Iskandar, Managing Partner
Website: www.bepartners.co.id
BF

CMA

INS

——————
Frans Winarta & Partners Law Firm
Kompleks Bukit Gading Mediterania (Florencia)
Boulevard Bukit Gading Raya Blok A15-17
Kelapa Gading Permai, Jakarta 14240, Indonesia
Tel:(62) 21 453 2143; (62) 21 4585 4839;(62) 21 4585 4840
Email:
fwp@cbn.net.id
Contact: Mr. Winarta, Frans
Website: www.franswinarta.com
CMA

LDR

BF

CMA

LDR

PF

RES

——————

PF

Assegaf Hamzah & Partners
2012

2013

Menara Imperium 30th Floor
Jl. H. R. Rasuna Said Kav. 1 Kuningan
Jakarta 12980, Indonesia
Tel:(62) 21 831 5005, 831 5025
Email:
lgs@lgslaw.co.id
Contacts: Timbul Thomas Lubis, Dr. M. Idwan
Ganie (‘Kiki’ Ganie), Arief Tarunakarya Surowidjojo,
Abdul Haris M Rum, Arisia Arundati Pusponegoro,
Harjon Sinaga and Rofik Sungkar
Website: http://www.lgsonline.com——————
2011

TMT

Lubis Ganie Surowidjojo

Graha CIMB Niaga 24th Fl.,
Jl. Jenderal Sudirman Kav.58
Jakarta 12190, Indonesia
Tel:(62) 21 250 5125/5136
Email:
info@abnrlaw.com
infosg@abnrlaw.com
Contacts: Emir Nurmansyah
Nafis Adwani
Email:
enurmansyah@abnrlaw.com
nadwani@abnrlaw.com
Website: www.abnrlaw.com
CM

LDR——————Ali Budiardjo, Nugroho,2011 2012 2013
Reksodiputro

BF

IP

TMT

——————MR

2013

BRI II Building, 15th Floor, Suite 1502,
Jl. Jend. Sudirman Kav. 44-46
Jakarta 10210
Tel:(62) 21 5785 0331
Email:
office@kk-advocates.com
Contact: Mr. Justisiari P. Kusumah
Website: www.kk-advocates.com

Lubis Santosa & Maramis Law Firm
2012

Equity Tower, 12th Floor
Sudirman Central Business District (SCBD), Lot 9
Jl. Jend. Sudirman Kav. 52-53
Jakarta 12190, Indonesia
Tel:(62) 21 2903-5900
Email:
lsmlawfirm@lsmlaw.co.id
Website: www.lsmlaw.co.id
CMA

ENR

IP

LDR

RE

——————
Makarim & Taira S.
2011

2012

2013

Summitmas I, 16th – 17th Floors
Jl. Jend. Sudirman Kav. 61-62
Jakarta 12190, Indonesia
Tel:(62) 21 252 1272, 520 0001
Email:
makarim&tairas@makarim.com
Contact: Teddy A. Suprijadi
Website: www.makarim.com
MR

BF

CMA

ENR

PF

RE

——————
Melli Darsa & Co.

2011

2012

Menara Standard Chartered, 19th Floor
Jl. Prof. Dr. Satrio
No. 164, Jakarta 12930, Indonesia
Tel:(62) 21 2553 2019
Email:
melli_darsa@darsalaw.com
david_siahaan@darsalaw.com
ella_irdamis@darsalaw.com
laksmita_andarumi@darsalaw.com
perdana_saputro@darsalaw.com
indra_safitri@darsalaw.com
Contact: Melli Darsa
Website: www.darsalaw.com
INV

BF

CM

CMA

REG

IA

77

Asian-Mena Counsel Direct
Mochtar Karuwin Komar

2010

2011

14th Floor Wisma Metropolitan II
Jl. Jend Sudirman, Kav.31, Jakarta 12920, Indonesia
Tel:(62) 21 5711130
Email:
mail@mkklaw.net / ek@mkklaw.net
Contact: Emir Kusumaatmadja
Website: www.mkklaw.net
AV

CMA

ENR

PF

Nakamura & Partners
Room No.616, Shin-Tokyo Building
3-3-1 Marunouchi, Chiyoda-ku
Tokyo 100-8355, JAPANTel:(81) 3 3211 8741
Email:
k_yoshida@nakapat.gr.jp
Contact: Kazuhiko YoshidaWebsite: http://www.nakapat.gr.jp/index_e.html
COM

IP

LDR

TMT

——————
Roosdiono & Partners, a member of2012
ZICOlaw

Malaysia

Indonesia Stock Exchange Building Tower I
12th Fl, Jl. Jend. Sudirman Kav. 52-53
Jakarta 12190, Indonesia
Tel:(62) 21 5289 5125
Email:
hanim.hamzah@zicolaw.com
Contact: Hanim Hamzah
Website: www.zicolaw.co.id

6th Floor, Faber Imperial Court,
Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia
Tel:(603) 2078 5588
Email:
albar@albar.com.my
Website: www.albar.com.my

BF

CMA

CM

LDR

Soemadipradja & Taher

LDR

14th Floor, Mayapada Tower,
Jl. Jend. Sudirman Kav. 28
Jakarta 12920, Indonesia
Tel:(62) 21 521 2038, 304 16 700
Email:
ssek@ssek.com
Contact: Rusmaini Lenggogeni (Managing Partner)
Website: www.ssek.com
Blog:
Indonesian Insights(http://blog.ssek.com/)Twitter: @ssek_lawfirm
E

ENR

PF

Japan

2011

BF

4-3-13 Toranomon, 4th Floor
Minato-ku, Tokyo, 105-0001, JapanTel:(81 3) 6721 3111
Email:
hideyuki.sakai@bingham.com
Contact: Hideyuki Sakai
Website: www.bingham.com
RES

2013

INS

LDR

Azmi & Associates

LDR

BF

2013

CM

CMA

LDR

Kadir, Andri & Partners

2012

2013

8th Floor, Menara Safuan,
80 Jalan Ampang, 50450 Kuala Lumpur, Malaysia
Tel:(603) 2078 2888
Email:
partner@kaaplaw.com
Contact: Abdul Kadir Kassim
Website: www.kaaplaw.com
CM

CMA

IF

LDR

——————Lee Hishammuddin Allen & Gledhill
2011

2012

2013

Level 16, Menara Tokio Marine Life
No.189, Jalan Tun Razak, 50400 Kuala Lumpur
Tel:(603) 2161 2330
Email:
enquiry@lh-ag.com
Contact: Aznam Dato’ Mansor (Partner)
Website: www.lh-ag.com
BF

CMA

Rahmat Lim & Partners

2012

2013

Suite 33.01, Level 33
The Gardens North Tower
Mid Valley City, Lingkaran Syed Putra
59200 Kuala Lumpur, Malaysia
Tel:(603) 2299 3888
Email:
enquiries@rahmatlim.com
Contact: Lim Teong Sit, Managing Partner
teongsit.lim@rahmatlim.com
Azman bin Othman Luk,
Deputy Managing Partner
azman.luk@rahmatlim.com
Website: www.rahmatlim.com
BF

CM

CMA

IA

IP

——————
Raja, Darryl & Loh

2011

2012

2013

18th Floor, Wisma Sime Darby, Jalan Raja Laut
50350 Kuala Lumpur, Malaysia
Tel:(603) 2694 9999
Email:
rdl@rdl.com.my
Contact: Dato’ M. Rajasekaran
Website: http://www.rajadarrylloh.com
CMA

IP

LDR

TX

TMT

——————
Shearn Delamore & Co.

RE——————

MR

78 ASIAN-MENA COUNSEL

2012

14th Floor, Menara Keck Seng, 203 Jalan Bukit Bintang,
55100 Kuala Lumpur, Malaysia
Tel:(603) 2118 5000
Email:
general@azmilaw.com
Website: www.azmilaw.com

BF

Bingham McCutchen Murase
Sakai Mimura Aizawa
Foreign Law Joint Enterprise

CMA

LDR

——————

SSEK
Soewito Suhardiman Eddymurthy
2011 2012 2013
KardonoCMAIF

Unit 5-03, Straits Trading Building, No. 2,
Lebuh Pasar Besar, 50050 Kuala Lumpur, Malaysia.
Tel:(603) 2697 0355
Email:
info@atfw.com.my
Contact: Mr. Tunku Farik
Website: www.atfw.com.my——————

BF

CMA

PF

——————

Azim, Tunku Farik & Wong2012

Wisma GKBI, Level 9, Jl. Jendral Sudirman No. 28
Jakarta 10210 – Indonesia
Tel:(62) 21 574 0088
Email:
center@soemath.com
Contact: Fadjar Kandar
Website: www.soemath.com
ENR

CM

BF

2012

————————————

CMA

BF

2011

2011

No. 42A, Lorong Dungun, Damansara Heights,
50490 Kuala Lumpur, Malaysia
Tel:(603) 2081 7888
Email:
naqiz@naqiz.com/ joanne@naqiz.com/
jane@naqiz.com
Contact:
Partner in charge: En. Syed Naqiz Shahabuddin/
Admin person(s) in charge:
Ms. Ng Jo-anne/ Ms. Jane Ramli
Website: www.naqiz.com
CMA

Albar & Partners

PF

Naqiz & Partners

2012

2013

7th Floor, Wisma Hamzah-Kwong Hing
No.1, Leboh Ampang 50100 Kuala Lumpur, Malaysia
Tel:(603) 2027 2727
Email:
info@shearndelamore.com
Contact: Robert Lazar - Managing Partner
Website: www.shearndelamore.com
MR

BF

CMA

IP

LDR

RE

——————
Messrs Shook Lin & Bok

2013

20th Floor, Ambank Group Building,No 55 Jalan Raja Chulan,
50200 Kuala Lumpur, Malaysia
Tel:(603) 20311788
Email:(603) 20311775/8/9
Contact: Managing Partner
Website: www.shooklin.com.myEwww.inhousecommunity.com

Skrine

2011

2012

Singapore

2013

Unit No. 50-8-1, 8th floor,Wisma UOA Damansara
50 Jalan Dungun, Damansara Heights
50490 Kuala Lumpur, Malaysia
Tel:(603) 2081 3999
Email:
acpl@skrine.com
Contact: Audrey Choo
Website: www.skrine.com
MR

BF

CMA

ENR

IP

LDR

——————
Tay & Partners

IP——————
Wong & Partners

2011

2012

MR

BF

CM

CMA

E

2011

BF

CM

CMA

IA

IA

INS

2013

PF

——————

16 Collyer Quay #17-00 Singapore 049318
Tel:(65) 6311 0030
Email:
aselvam@duanemorrisselvam.com
Contact: Arfat Selvam (Managing Director)
Website: www.duanemorrisselvam.com
BF

2012

MS

Loo & Partners LLP

2013

D3-3-8, Solaris Dutamas, No. 1, Jalan Dutamas 1,50480 Kuala Lumpur, Malaysia
Tel:(603) 6209 8228
Email:
zrp@zulrafique.com.my
Contact: Ms Mariette Peters
MR

BF

CMA

E

LDR

BF

CM

CMA

LDR

SyCip Salazar Hernandez &2011
Gatmaitan
SyCipLaw Center, 105 Paseo de Roxas
1226 Makati City, The Philippines
Tel:(632) 9823500; 9823600; 9823700
Email:
ramorales@syciplaw.com
Contact: Rafael A. Morales
Website: www.syciplaw.com
BF

CMA

E

ENR

PF

————————————TAN ACUT LOPEZ & PISON
Law Offices
Unit 2303-A, Philippine Stock Exchange Centre
East Tower, Exchange Road, Ortigas Center
Pasig City, Metro Manila, Philippines
Tel:(632) 635-3671
Email:
talfirm@talfirm.com
Contact: Martin Pison
Website: www.talfirm.com
CMA

E

IP

LDR

TX

Volume 11 Issue 5, 2013

CMA

IA

——————
Jipyong Jisung2012

10th Floor, KT&G Seodaemun Tower
60 Chungjeong-ro, Seodaemun-gu
Seoul 120-020, Korea
Tel:(82-2) 6200 1600
Email:
hglee@jipyong.com
Contact: Haeng-Gyu Lee (Partner)
Website: www.jipyong.com
BF

CMA

E

2011

LDR

2012

2013

INV

COM

CMA

IP

LDR

——————
Lee International IP & Law Group2012——————

CM

2012

LDR

MR

10 Collyer Quay
#15-08 Ocean Financial Centre
Singapore 049315
Tel:(65) 6513 1350
Email:
dezi_kirana@soemath.com
Contact: Dezi Kirana
Website: www.soemath.com

Stamford Law Corporation

RE

39 Sajik-ro 8-gil (Seyang Bldg., Naeja-dong)
Jongno-gu, Seoul 110-720, Korea
Tel:(82-2) 3703-1114
Email:
lawkim@kimchang.com
Website: www.kimchang.com

MS

10 Collyer Quay,#27-00 Ocean Financial Centre,
Singapore 049315
Tel:(65) 6389 3000
Email:
legal@stamfordlaw.com.sg
Contact: LEE Suet-Fern, senior partner
Website: www.stamfordlaw.com.sg

LDR

2009

Kim & Chang

Soemadipradja & Taher

Philippines

IA

Cho & Partners

COM

16 Gemmill Lane Singapore 069254
Tel:(65) 6534 3288
Email:
mail@loopartners.com.sg
Contact: Amy Han
Website: www.loopartners.com.sg/

RE

CMA

6th and 13th Floors Ann Jay Tower
718-2 Yeoksam-dong, Kangnam-ku
Seoul, 135-080, Korea
Tel:(82-2) 6207-6800
Email:
ihseo@cholaw.com
Contact: Tae-Yeon Cho, Ik Hyun Seo
Website: www.cholaw.com
IP——————ZUL RAFIQUE & partners

BF

Duane Morris & Selvam LLP and Selvam
2012
LLC

CMA

2013

——————

Clyde & Co Clasis Singaopre

CMA

2012

133 Teheran-roGangnam-gu, Seoul, 135-723
Republic of Korea
Tel:(82 2) 3404 0000
Email:
bkl@bkl.co.kr
Contact: Yong-Hyeon Kang
Website: www.bkl.co.kr
MRIP

12 Marina Boulevard, Marina Bay Financial Centre
Tower 3, #30 - 03, Singapore 018982
Tel:(65) 6544 6500
Email:
singapore@clydeco.com
Contact: Brian Nash, Partner
Website: www.clydeco.com

2013

TX

Bae, Kim & Lee LLC——————AV

Level 21, The Gardens South Tower
Mid Valley City, Lingkaran Syed Putra
Kuala Lumpur 59200
MalaysiaTel:(603) 2298 7888
Email:
KherkYing.Chew@WongPartners.com
Contact: Chew Kherk Ying, Managing Partner
Website: www.wongpartners.com

South Korea

2012

One Marina Boulevard, #28-00
Singapore 018989
Tel:(65) 6890 7188
Email:
enquiries@allenandgledhill.com
Contact: Lucien Wong, Chairman and Senior Partner
lucien.wong@allenandgledhill.com
Website: www.allenandgledhill.com

2011

LDR

2011

2013

MR

6th Floor, Plaza See Hoy Chan
Jalan Raja Chulan, 50200 Kuala Lumpur, Malaysia
Tel:(603) 2050 1888
Email:
mail@taypartners.com.my
Contact: Mr. Tay Beng Chai (Managing Partner)
Website: www.taypartners.com.my
CMA

Allen & Gledhill LLP

2013Poongsan Bldg., 23 Chungjeongro, Seodaemun-gu
Seoul 120-837, Korea(Mailing Address: P.O. Box 1504
Gwanghwamun, Seoul 110-615, Korea)
Tel:(82 2) 2279 3631
Email:
info@leeinternational.com
Website: www.leeinternational.com
COM

CM

CMA

IP

RE

——————
Lee & Ko

2011

2012

2013

Hanjin Main Building, 18th Floor, 118,
Namdaemunno 2-Ga, Seoul 100-770, Korea
Tel:(82-2) 772 4000
Email:
mail@leeko.com
Contact: Yong-Jae Chang
Website: www.leeko.com
MR

BF

CMA

LDR

79

Asian-Mena Counsel Direct
Shin & Kim

2011

2012

Ls Horizon Limited

2013

8th Floor, State Tower Namsan
100 Toegye-ro, Jung-gu, 100-052, Seoul, Korea
Tel:(82-2) 316-4114
Email:
shinkim@shinkim.com
Contact: Sin Seob Kang – Managing Partner
Website: www.shinkim.com
MR

COM

BF

CMA

LDR

RE

BF

——————
Yoon & Yang LLC

E

IP

LDR

CMA

E

2012

TX

2011

COM

CMA

E

LDR

2013

LDR

TX

Deep & Far Attorneys-at-Law
13 Floor, 27 Section 3
Chung San N. Road, Taipei, Taiwan
Tel:(8862) 25856688
Email:
email@deepnfar.com.tw
Contact: Mr. C. F. Tsai
Website: www.deepnfar.com.tw
CM

E

IP

LDR

Chandler & Thong-ek Law Offices Ltd.
2012

2013

7th – 9th Floor, Bubhajit Building,
20 North Sathorn Road,
Bangkok 10500, ThailandTel:(66) 2266 6485
Email:
atchandler@ctlo.com
Contact: Albert T. Chandler
Website: www.ctlo.com
MR

BF

CMA

ENR

LDR

LawPlus Ltd.

E

LDR

Ho Chi Minh City Office:19th Floor, Vincom Center,
72 Le Thanh Ton Street, District 01,
Ho Chi Minh City, VIETNAM
Hanoi Office: 4th Floor, Vien Dong Building
36 Hoang Cau Street, Dong Da District,Hanoi VIETNAM
Tel:(848) 3820 6449
Email:
long.duong@aliatlegal.com
phong.nguyen@aliatlegal.com
Contact: Duong Thanh Long (Managing Partner)
Nguyen Quoc Phong (Partner)
Website: www.aliatlegal.com
IP

LS

LDR

PF

Hanoi Office: Pacific Place Unit V1307/1308,
13th Floor, 83B Ly Thuong Kiet Street
Hoan Kiem District, Hanoi, Vietnam
Tel:(844) 3946 2200
Email:
omassmann@duanemorris.com
Contact: Oliver Massmann(General Director for Duane Morris Vietnam LLC)
Ho Chi Minh Office: Suite 1503/04, Saigon Tower
29 Le Duan Street, District 1, Ho Chi Minh City, Vietnam
Tel:(848) 3824 0240
Email:
gtcooper@duanemorris.com
Contact: Giles T. Cooper(Branch Director for Ho Chi Minh City office)Website: www.duanemorris.com
CMA

80 ASIAN-MENA COUNSELE

Duane Morris Vietnam LLC

2012

IP

TX

——————

Unit 1401, 14th Fl., Abdulrahim Place,
990 Rama IV Road, Bangkok 10500, ThailandTel:(66) 2636 0662
Email:
kowit.somwaiya@lawplusltd.com
Contact: Mr. Kowit Somwaiya
Website: www.lawplusltd.com
CMA

REG

Vietnam

CMA——————

BF

179/74-80 15th Flor Bangkok City Tower,
South Sathorn Road Bangkok 10120
Tel:(66) 2344 1000
Email:
thavorn.rujivanarom@th.pwc.com
Contact: Mr. Thavorn Rujivanarom“Lead Tax Partner”
Website: www.pwc.com/thAliat Legal

Thailand2011

RES

PricewaterhouseCoopers Legal & Tax
2012 2013
Consultants

CMA

TAIWANCOM

RE——————

2012

IP

LDR

Natee International Law Office Ltd.

CMA

Textile Center, 12th Floor, 518 Teheran-ro,
Daechi-dong, Gangnam-gu, Seoul 135-713, Korea
Tel:(82 2) 528 5200
Email:
mail@yulchon.com
Website: www.yulchon.com
MR

IP

The Peninsula Plaza, 4th Floor,
153 Ratchadamri Road Bangkok 10330, Thailand.
Tel:(66 0) 2255 6575 (5 Lines)
Email:
nilo@ksc.th.com
Contact: Mr. Natee Thongdee
via H/P: (66 8) 7007 7529
Website: www.nateelaw.com——————
Yulchon LLC

2013——————

2011

18th, 19th, 22nd, 23rd, 34th Fls. ASEM Tower
159 Samsung-Dong
Gangnam-Gu, Seoul 135-798 Korea
Tel:(82 2) 6003 7000
Email:
yoonyang@yoonyang.com
Contact: Wonil Kim
Website: www.yoonyang.com
COM

2012

14th Floor, GPF Witthayu Tower A,
93/1 Wireless Road, Lumpini,
Phatumwan, Bangkok 10330, ThailandTel:(66) 2627 3443
Email:
information@lshorizon.com
Contact: Mr. Khemajit Choomwattana
Website: www.lshorizon.com

BF

Indochine Counsel
Ho Chi Minh Office:Unit 4A2, 4th Floor, Han Nam Office Bldg.
65 Nguyen Du, District 1
Ho Chi Minh City, Vietnam
Tel:(848) 3823 9640 / M (84) 945710234
Email:
anh.le@indochinecounsel.com
Contact: Le Thi Van Anh
Website: www.indochinecounsel.com
Hanoi Office:Unit 705, 7th Floor, CMC Tower, Duy Tan Street
Cau Giay District, Hanoi, Vietnam
Tel:(844) 3795 5261
Email: hanoi@indochinecounsel.com
CMA

CM

PF

——————
Vision & Associates
Unit 308-310, 3rd Floor, Hanoi Towers,
49 Hai Ba Trung Street, Hanoi, Vietnam
Tel:(84 4) 39340629/ 38264797
Email:
vision@vision-associates.com
Contact: Luu Tien Ngoc (Mr.)
Website: www.vision-associates.com
BF

CMA

E

IP

RE

Middle EastAl Tamimi & Company
2011

2012

2013

Head Office: 6th Floor, Building 4 East,
Dubai International Financial Centre,
PO Box 9275, Dubai, UAE
Tel:(971) 4 364 1641
Email:
a.maglieri@tamimi.com
Contact: Husam Hourani, Managing Partner
Website: www.tamimi.com
MR

BF

CMA

IP

LDR

RE

——————
Clyde & Co LLP
2011

2012

2013

Dubai Address: PO Box 7001, Dubai, UAE
Email:
MERO@clydeco.com
Tel:(971) 4 384 4000
Abu Dhabi Address:
PO Box 54204, Abu Dhabi, UAE
Email:
MERO@clydeco.com
Tel:(971) 2 644 6633
Website: www.clydeco.com
MR

CMA

E

IA

INS

LDR

ENR

www.inhousecommunity.com

—

Arbitration—
ServicesHong Kong International
Arbitration Centre
38/F Two Exchange Square,
8 Connaught Place, Hong Kong
Tel:(852) 2525 2381
Email:
adr@hkiac.org
Contact: Chiann Bao,
Secretary-General of HKIAC
Website: wwww.hkiac.org

Other Legal/——
Consultative
Labuan IBFC Inc.
3A-2, Level 2, Block 3A, Plaza Sentral
Jalan Stesen Sentral
KL Sentral 50470, Kuala Lumpur, MALAYSIA
Tel:(603) 2773 8977
Email:
info@labuanibfc.my
Website: www.LabuanIBFC.my— Due Diligence —Risk & Investigation

Hughes-Castell

Apparel

Tel:
Tel:
Tel:
Tel:
Email:
Website:Zen Tailor
Shop No.B,2/F., Entertainment Building,
30 Queen’s Road Central. Hong Kong
Tel:(852) 2868 2948
* Show your copy of Asian-mena Counsel (or this page)
to receive a 10% discount at Zen Tailor!
••••••••••••

Hong Kong (852) 2520 1168
Singapore (65) 6220 2722
Beijing (86) 10 6581 1781
Shanghai (86) 21 2206 1200
hughes@hughes-castell.com.hk
www.hughescastell.com——————

Legal Labs Recruitment
Tel:
Tel:
Email:
Website:Singapore (65) 6236 0166
Hong Kong (852) 2526 2981
resume@legallabs.com
www.legallabs.com——————

Lewis Sanders
Tel:(852) 2537 7410
Email:
recruit@lewissanders.com
Website: www.lewissanders.com——————PureTel:(852) 2168 0798
Email:
liamrichardson@puresearch.com
Website: www.puresearch.com——————

Taylor Root
Tel:
Tel:
Email:
Website:Singapore (65) 6420 0500
Hong Kong (852) 2973 6333
jamienewbold@taylorroot.com
www.taylorroot.com— Translation —Pacific Legal Translations Limited

Kroll1701-02 Central Plaza
18 Harbour Road, Wanchai, Hong Kong
Tel:(852) 2884 7788
Contacts: Tad Kageyama: tkageyama@kroll.com
Colum Bancroft: cbancroft@kroll.com
Website: www.krolladvisory.com——————

Navigant Consulting Asia Ltd.
Suites 2901-4, Dah Sing Finance Centre
108 Gloucester Road, Wanchai, Hong Kong
Tel:(852) 2233 2500
Contacts: Fred Chan: fchan@navigant.com
Alan Capps: alan.capps@navigant.com
Robert Pegg: Robert.pegg@navigant.com
Website: www.navigant.com— Recruitment —ALS International
Tel:
852 2920 9100
Email:
als@alsrecruit.com
Website: alsrecruit.com——————

Volume 11 Issue 5, 2013

Specialist translators serving the legal community.
Tel:(852) 2705-9456
Email:
translations@paclegal.com
Website: www.paclegal.com••••••••••••RR Donnelley Global Translation
Services
20/F Dina House, 11 Duddell Street,
Central, Hong Kong
Tel:(852) 2509 7921
Contact: Ms. Christy Ma,
Business Development Manager– Asia Pacific
Email:
christy.z.ma@rrd.com
Website: rrdtranslations.com

—

Other
—
Services

GRAPHIC DESIGNArtmazing!
Providing print and web design services.
Tel.
(852) 9128 8949
Email:
artmazingcompany@gmail.com
Website: artmazing.wordpress.com

MEDITATION
Kadampa Meditation Centre Hong Kong
KMC HK is a registered non-profit organisation. We
offer systematic meditation and study programmes
through drop-in classes, day courses, lunchtime
meditations, weekend retreats and other classes.
Tel: 	 (852) 2507 2237
Email:
info@meditation.hk
Website: http://www.meditation.hk••••••••••••

Meditate in Singapore
We believe anyone who comes along will find inner peace,learn to relax and unwind, and improve their well-being
through learning to meditate. KMC Singapore is a charity
entirely run by volunteers.
Tel:(65) 64381127
Email:
info@nkt-kmc-singapore.org
Website: http://www.meditateinsingapore.org/••••••••••••

MandarinHong Kong Mandarin School
Hong Kong Mandarin School– for business Putoghua.
Tel:(852) 2287 5072
Fax:(852) 2287 5237
Email:
info@mandarinlearning.hk
Website: www.mandarinlearning.hk••••••••••••SPORT & LEISURE
Splash Diving (HK) Limited
Learn to Dive and Fun Dive with the Winner of the
PADI Outstanding Dive Centre/Resort Business Award!
Tel:(852) 9047 9603 / (852) 2792 4495
Email:
info@splashhk.com
Website: http://www.splashhk.com/

Charitable——
Organisations
Impact India Foundation
An international initiative against avoidable disablement.
Promoted by the UNDP, UNICEF and the World
Health Organization in association with theGovernment of India.
Tel:(91) 22 6633 9605 -7
Email:
nkshirsagar@impactindia.org
Website: www.impactindia.org••••••••••••

Community Carbon Offsetting
An initiative of Teng Hoi Conservation Organization
Tel:(852) 3618 4515
Website: www.communitycarbonoffsetting.org(Note: Pacific Business Press is proud to offset the
carbon from flights made for the In-House Congress
events through Community Carbon Offsetting).

81

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