Making a claim using the retention of title clause
Law.Asia Magazine
by Kient
14h ago
Retention of title clauses ensure sellers can retake goods if buyers default or go into bankruptcy. However, the clause doesn’t guarantee smooth enforcement; instead, effective litigation strategies are needed A retention of title clause (ROT) is a provision in a sale of goods contract which specifies that, even after delivery, the title to the goods remains with the seller until the buyer makes full payment or meets certain requirements. The clause entitles a seller to keep the legal title to goods until the buyer pays off the total purchase price. If the buyer fails to pay the purchase price ..read more
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JunHe taps expertise of disputes partner in Beijing
Law.Asia Magazine
by Benjie
14h ago
JunHe recruits litigation and arbitration specialist Zhao Zhen to its Beijing team to increase its competitiveness in dispute resolution. Zhao specialises in the field of litigation and arbitration, cross-border dispute resolution, as well as compliance and government regulations. He had represented dispute cases that involved billions of dollars, including the misappropriation of RMB12.2 billion (USD1.7 billion) in funds belonging to the polymer products manufacturer KDX; insurance company Chubb’s RMB10.5 billion acquisition of a stake in its peer Huatai Insurance. Zhao was honoured with the ..read more
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Herbert Smith, G+T steer Mitsubishi’s acquisition of Link
Law.Asia Magazine
by Benjie
14h ago
Herbert Smith Freehills and Australia’s Gilbert + Tobin (G+T) have acted on Mitsubishi UFJ Trust and Banking (MUTB) acquiring Link Administration Holdings (Link Group), marking an enterprise value of AUD2.1 billion (USD1.39 billion). Herbert Smith Freehills advised Link Group on all aspects of the acquisition deal, which was completed through a scheme of arrangement. Partners Tony Damian, Nicole Pedler and Claire Thompson led the transaction team. “The deal demonstrates the continued strength of M&A activity in Australia as well as the important role of Japanese investment in our market ..read more
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Former Japan securities giant’s GC joins DLA Piper in Tokyo
Law.Asia Magazine
by Benjie
14h ago
DLA Piper has deepened its finance practice bench in Tokyo with the addition of senior counsel Masahiro Wakabayashi, former general counsel and head of compliance of Japan’s Mitsubishi UFJ Morgan Stanley PB Securities. Wakabayashi focuses on finance and specialises in advising on matters including regulatory and compliance for investment banking, private banking and wealth management, as well as derivatives and markets transactions, power plant infrastructure and real estate investments. The veteran finance lawyer began his legal career as an attorney at Mitsui, Yasuda, Wani & Maeda in 199 ..read more
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Mitigating legal issues and risks in contracted operations
Law.Asia Magazine
by Benjie
1d ago
In light of recent amendments to the Company Law and judicial precedents, common and contentious legal issues are arising for companies in contracted operations. In this article, the author examines this unique business model and provides legal insights into mitigating unnecessary legal risks. Contracting parties Huang Heng Partner ETR Law Firm In contracted operations, the eligible employer is the company itself rather than an individual shareholder. However, it’s common in practice for shareholders to sign such contracts with third parties or contractors. While shareholders cannot act as the ..read more
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New chapter for northbound Mutual Recognition of Funds
Law.Asia Magazine
by Kient
2d ago
The Mutual Recognition of Funds between mainland China and Hong Kong (MRF) has been in operation for nearly nine years – since July 2015, in fact. This pioneering mechanism has witnessed deep integration of both capital markets, offering investors avenues for cross-border investment and facilitating the flow of capital. In April 2024, the China Securities Regulatory Commission (CSRC) announced five measures to enhance co-operation with Hong Kong’s capital markets, including enhanced arrangements for the MRF initiative. This enhancement signals new development opportunities for the MRF regime ..read more
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Impact of reverse CFIUS on American limited partners
Law.Asia Magazine
by Kient
2d ago
US-connected venture capital investors in China are being caught in the net of developing new restrictions. As early as July 2023, a select committee of the US Congress sent letters to four venture capital funds requesting information on their investments in Chinese artificial intelligence (AI), semiconductor and quantum computing sectors. In August 2023, America’s Biden administration issued its Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern – the reverse CFIUS executive order. On the same day, the US Trea ..read more
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Tiantai hires four dispute resolution specialists
Law.Asia Magazine
by Benjie
2d ago
Four dispute resolution specialists – senior partners Fang Fang and Sun Qiunan, as well as partners #Wang Qi# and Song Jinghao – have joined Tiantai Law Firm’s Beijing office. Sun, Wang and Song previously worked at Han Kun Law Offices, while Fang is a former partner at DeHeng Law Offices. With 30 years of experience, Sun honed his skills in dispute resolution, insolvency and restructuring, as well as banking and finance. Sun is also experienced in handling commercial disputes, civil litigation and arbitration. In recent years, she acted as legal counsel for financial institutions and real est ..read more
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I-MAB chief legal officer joins Simmons & Simmons
Law.Asia Magazine
by Benjie
2d ago
Simmons & Simmons has added I-MAB Biopharma chief legal officer Richard Li as a Hong Kong-based corporate and commercial partner, as well as head of healthcare and life sciences in greater China. The addition of Li, with more than 15 years’ experience in this sector, would greatly improve its cross-border M&A and regulatory business, the firm said. Before his in-house counsel role at I-MAB Biopharma, Li was of counsel at Covington & Burling, leading the China life sciences transaction practice. Earlier in his career, he worked at Hogan Lovells prior to joining 6 Dimensions Capital ..read more
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Duo advises Zhaojin takeover bid for gold miner Tietto
Law.Asia Magazine
by Benjie
2d ago
Herbert Smith Freehills and Corrs Chambers Westgarth have advised on China gold miner Zhaojin Mining Industry’s takeover of West African peer Tietto Minerals. Zhaojin Capital (Hong Kong) Limited, a subsidiary of the Hong Kong-listed Zhaojin Mining Industry, made an AUD733 million (USD483.92 million) all-cash and unconditional buyout offer for the ASX-listed firm. Partners Philippa Stone and Hilary Lau led the Herbert Smith Freehills (HSF) team advising Zhaojin on the bid. Partner Jeremy Shen advised on compliance with HKEX listing rules, as well as partners Rebecca Major and Bertrand Montembau ..read more
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