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Atsumi & Sakai | May 2020

The sudden onset of the Covid-19 emergency has caused significant disruption across swathes of the Japanese economy and raised novel and urgent questions for businesses as they seek to handle the challenges they face, whilst balancing the protection of their businesses and their obligations to their customers, suppliers, and banks, etc. This memorandum briefly addresses a number of key issues and questions relating to force majeure under Japanese law ...

MinterEllison | May 2020

Many employers have been considering workforce changes to address the economic downturn and cash flow issues caused by COVID-19. Yesterday's announcement by the Federal Government about wage subsidies (known as 'JobKeeper Payments') has been welcomed by employers and unions, and should be closely considered by employers before implementing any changes. It has been reported that 8,000 businesses lodged an application for the subsidy in the 50 minutes that followed the announcement ...

Deacons | May 2020

On 29 April 2020, the Hong Kong Competition Tribunal (Tribunal) handed down its first ever judgment on pecuniary penalties against ten decoration contractors (Penalty Judgment) who were found to have violated the First Conduct Rule under the Competition Ordinance (Ordinance), which prohibits undertakings from entering into an agreement or engaging in a concerted practice that has the object or effect of harming competition in Hong Kong ...

Deacons | May 2020

As part of its unprecedented relief package to alleviate the impact of COVID-19, the Hong Kong Government is launching the Online Dispute Resolution (ODR) Scheme (Scheme) ...

This is a briefing on the following issuances as of May 4, 2020 in relation to the COVID-19 pandemic:A. Courts in Areas under General Community Quarantine (GCQ) to Reopen on May 4, 2020B. Reduced Bail and Release on Recognizance for Indigent DetaineesC. Bayanihan Act IRRs and Other IssuancesA. Courts in Areas under General Community Quarantine (GCQ) to Reopen on May 4, 2020Supreme CourtAdministrative Circular No ...

The amendments to the Revised Rules on Evidence (Administrative Matter No. 19-08-15-SC) and Rules of Civil Procedure (Administrative Matter No. 19-10-20-SC) (collectively, the “Amended Rules”) will take effect on May 1, 2020. The Philippine Supreme Court approved these amendments to help minimize delays in court litigation and to expedite the resolution of cases. The full copies of the Amended Rules are available on the Philippine Supreme Court’s website at http://sc ...

Covid-19 is upending capitalism as we know it. Amid the pandemic, how can businesses rewrite their rule books so as to emerge stronger? Americans have allegedly outbid the French for masks “right on the tarmac” just as the goods were to be flown off to their destination. From Amazon to Rakuten to Carousell, traders exploited fears by price-gouging on masks and hand sanitisers ...

This is a briefing on the following issuances as of May 3, 2020 in relation to the COVID-19 pandemic: A. Guidelines for Areas Under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ) B. Extensions of Deadlines to Pay National and Local Taxes C. Extension of Deadlines for Filings with the Intellectual Property Office of the Philippines (IPOPHL) A. Guidelines for Areas Under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ) 1 ...

Makarim & Taira S. | April 2020

The Convention on International Interests in Mobile Equipment (“Cape Town Convention”) and Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (“Protocol”) were concluded in Cape Town on 16 November 2001, and entered into force on 1 March 2006. They are to be read and interpreted as one instrument ...

Makarim & Taira S. | April 2020

Please find a summary of regulations related to COVID-19 in more than 32 countries (including Indonesia prepared by our Firm) as per 22 April 2020 below. Economic Measures Loan Facilities: The Indonesian Financial Services Authority (OJK) issued Regulation No. 11/POJK.03/2020 (March 16, 2020), which relaxes the loan quality assessment and restructuring requirements for borrowers affected by COVID-19 until March 31, 2021 ...

Deacons | April 2020

Banks play a key role in facilitating and providing liquidity for economic growth. During the global financial crisis in 2008, many foreign governments were forced to use large sums of taxpayer’s money to bail out troubled banks that were “too big to fail” ...

Deacons | April 2020

The Securities and Futures Commission (SFC) issued a circular on 17 April 2020 (Circular) to managers and market makers of SFC authorised exchange traded funds (ETFs) reminding them of their responsibility to manage ETFs in the best interests of investors. The circular was prompted by the suspension of market making activities by the sole market maker of an ETF due to the quarantining of some of its trading staff ...

Deacons | April 2020

The Premier of the State Council Li Keqiang chaired an executive meeting on 7 April 2020 which decided to adopt a series of tax related measures to cope with the negative impact caused by the COVID-19 pandemic and to stabilise the domestic economic environment. The measures mainly include the following: 1 ...

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Another comes as a welcome breather in an area otherwise seemingly parched for development of case law ...

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Anothercomes asa welcome breather in an area otherwise seemingly parched for development of case law ...

Makarim & Taira S. | April 2020

The COVID-19 spread in Indonesia has caused several institutions in Indonesia to make certain adjustments, including in to hearings in district courts. On 23 March 2020, the Supreme Court issued Circular Letter No. 1 of 2020 on Guidance for the Implementation of Work during the Prevention of the Spread of Corona Virus Disease 2019 (COVID-19) within the Supreme Court and the other Courts, as was later amended by Circular Letter No ...

Makarim & Taira S. | April 2020

President Joko Widodo has finally declared the spread of Coronavirus Disease 2019 (“COVID-19”) a National Disaster under Presidential Decree No. 12 of 2020 (“PD 12/2020”) which was issued on Monday, 13 April 2020. Through PD 12/2020, the President has strengthened the role of the National Disaster Mitigation Agency (Badan Nasional Penanggulangan Bencana/ “BNPB”) as the COVID-19 Task Force (Gugus Tugas Percepatan Penanganan Coronavirus 2019) ...

1. PCT Rule 82quater.1 (Excuse of Delay in Meeting Time Limits) applies in the current circumstance of global COVID-19 pandemic, and the International Bureau of WIPO has urged all PCT Offices and Authorities to likewise adopt this interpretation ...

The Philippine Government has issued a slew of resolutions and circulars as part of its response to the COVID 19 pandemic and unsurprisingly, a number of legal and practical issues have beset businesses and persons under the Luzon-wide enhanced community quarantine (ECQ)1. Like the rest of the world, the country is bracing itself for a new normal – in the way enterprises are run, services are rendered, everyday tasks are undertaken ...

 This is a briefing on the following issuances as of April 19, 2020 in relation to the COVID-19 pandemic: A. Extension of Periods for the Filing and Submission of Various Documents and Payment of TaxesB. Mandatory Disclosure of Personal Information of COVID-19 Patients C. Securities and Exchange Commission (SEC) Issuances D. Bangko Sentral ng Pilipinas (BSP, the Central Bank of the Philippines) Issuances E. Insurance Commission (IC) Issuances F ...

Deacons | April 2020

With nearly five years of enforcement experience since the coming into effect of the Competition Ordinance (Ordinance), on 16 April 2020, the Hong Kong Competition Commission (Commission) published a revised Leniency Policy for Undertakings Engaged in Cartel Conduct (Leniency Policy for Undertakings) and introduced a new Leniency Policy for Individuals Involved in Cartel Conduct (Leniency Policy for Individuals) (collectively, Leniency Policies) ...

Deacons | April 2020

In promoting a collaborative partnership in the delivery of public works projects, the Hong Kong Government has adopted the “New Engineering Contract” (NEC), which aims at improving construction efficiency and effectiveness in the use of public funds. Since its first publication in the UK in 1993, the NEC contract has become increasingly popular in the UK, Australia, South Africa, Hong Kong and New Zealand ...

Deacons | April 2020

On 1 October 2019, Hong Kong and the PRC brought into force the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (Arrangement). The Arrangement empowers the courts of both jurisdictions to award interim measures in support of arbitration seated in the other territory ...

Deacons | April 2020

In X v Jemmy Chien, HCCT 31/2019 the Plaintiff applied to set aside an arbitration award on the ground that there was no valid arbitration agreement between the Plaintiff and Defendant. The Plaintiff’s case was that the Defendant was not the true party to the Service Agreement containing the arbitration agreement, as he had signed it as agent for another (Chen) who was the principal and true party to the Service Agreement ...

Deacons | April 2020

West Kowloon Cultural District Authority v AIG Insurance Hong Kong Limited [2020] HKCFI 569, concerned a bond obtained by the contractor, Hsin Chong Construction Company Limited (Hsin Chong), from the Defendant, AIG Insurance Hong Kong Ltd (AIG), in favour of the Plaintiff, West Kowloon Cultural District Authority (West Kowloon), as required under a construction contract ...

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