HOW THE FUNDS INDUSTRY MET THE PANDEMIC'S THE MENA REGION'S TOP 50 LAWYERS, | Asian Legal Business
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MCI (P) 041/02/2021
issn 0219 – 6875
KDN PPS 1867/10/2015(025605)
HOW THE FUNDS INDUSTRY THE MENA REGION’S PHOTOS AND QUOTES
MET THE PANDEMIC’S TOP 50 LAWYERS, FROM THE ALB HONG KONG
CHALLENGES AS CHOSEN BY CLIENTS LAW AWARDS 2020
CONTENTS
34
Renewable
energy shining
COVER STORY FEATURES industry in the Asia-
Pacific region. But
they have taken away
from this period.
40
ALB Hong Kong
as funds adapted Law Awards 2020
20 14 through innovation Plus: The virtual event held
ALB Asia’s ALB MENA and technology, - Armila & Rako on Nov. 27 last year,
Top 15 Litigators Super 50 Lawyers they expected their Law Offices was a resounding
Litigation plays an In its first MENA lawyers to do so as success, celebrating
important role in a Super 50 Lawyers well, and offshore 38 the standout lawyers,
law firms suite of list, ALB spotlights firms certainly Refinement and firms, in-house teams
services, and in this standout lawyers stepped up to meet clarity and legal work in the
first-ever ranking, we in the Middle East the challenges In November last city.
are celebrating Asia’s and North Africa brought by a very year, China’s Supreme
top 15 litigators. The
lawyers named in
region who have
excelled in client
unique year. People’s Court and
the Hong Kong BRIEFS
the list have stood service. The lawyers Plus: Government signed
out based on several were selected - Maples & Calder the Supplemental 3
factors, including based on client Arrangement The Briefing
profiles of cases recommendations 36 Concerning the
handled, client sent directly to Turning tide Mutual Enforcement 4
recommendations, ALB. The list is in Although the of Arbitral Awards Forum
the use of technology alphabetical order, COVID-19 pandemic between the
to minimise the and certain lawyers ensured Indonesia’s Mainland and Hong 6
impact of the have been profiled GDP is expected Kong SAR. The Explainer
COVID-19 pandemic below. to contract by 1 agreement is widely
and more. percent in 2020, expected to enhance 7
By Asian Legal 28 Southeast Asia’s the enforcement Deals
Business Fund times largest economy process and serve as
The U.S.-China is set to bounce an expansion of the 8
Plus: trade war, the U.S. back strongly this 2000 Arrangement Appointments
- Drew & Napier elections, and of year. Lawyers in the Concerning Mutual
- Rajah & Tann course COVID-19. country talk about Enforcement of 11
Last year saw how the pandemic Arbitral Awards Q&A
unprecedented impacted their work, between the
challenges for the and also some of the Mainland and the 13
investment fund important lessons HKSAR. League Tables
W W W. LEG ALBU SINES S O N L I N E.CO M A S I A N L EG A L B U S I N E S S – JA NUA RY/ F E B RUA RY 2021 1
HEAD OF LEGAL MEDIA BUSINESS,
We’re picking the cream of the crop. ASIA & EMERGING MARKETS
A new year brings new initiatives, and for us at ALB, Amantha Chia
these include the launch of a series of rankings of Asia’s amantha.chia@thomsonreuters.com
best lawyers in specific practice areas. We kick off the MANAGING EDITOR
series in this issue with a ranking of the Top 15 Litigators
Ranajit Dam
– these are fifteen stars of the courtroom who are known ranajit.dam@thomsonreuters.com
not just for their ability to take on complex cases, but
also to devise innovative strategies to achieve the best JOURNALIST
possible outcomes for their clients. Following this is the Elizabeth Beattie
elizabeth.beattie@thomsonreuters.com
Top 15 M&A Lawyers ranking – to be published in the
March edition of ALB Asia – and then the Top 15 TMT EDITORIAL ASSISTANT
Lawyers in April. Should you require the full calendar Aparna Sai
of rankings going forward or have any aparna.sai@thomsonreuters.com
questions about how to submit or the
COPY & WEB EDITOR
methodology we use to select these
lawyers, please contact either myself or Rowena Muniz
rowena.muniz@thomsonreuters.com
my colleague Julian Chiew. Our emails
are on the right panel of this page. SENIOR DESIGNER
But the Top 15 Litigators list is not John Agra
the only way in this issue that we are john.agra@thomsonreuters.com
recognizing the work done by lawyers.
TRAFFIC/CIRCULATION MANAGER
Buoyed by the excellent response to
the ALB India Super 50 list last year, Rozidah Jambari
rozidah.jambari@thomsonreuters.com
we are launching a number of others in
the same mould, as in, lawyers picked SALES MANAGERS
solely on the basis of client recommen- Amy Sim
dations. The inaugural one this year is Sales Director, SE Asia, India and Japan
(65) 6870 3348
our first-ever ALB MENA Super 50 list amy.sim@thomsonreuters.com
in this issue; it will be followed in the Felix Cheng
first half by the ALB Super 50 Disputes Sales Manager
Lawyers, the ALB Offshore Client Choice (852) 3462 7799
felix.cheng@thomsonreuters.com
list, and the ALB Philippines Super 30 list. To find out
how you can vote for your recommended lawyers for Krupa Dalal
Sales Manager
each of these lists, please check our website www. (91) 22 6189 7087
legalbusinessonline.com. krupa.dalal@thomsonreuters.com
Romulus Tham
Delegate Sales Executive
(65) 6870 3035
romulus.tham@thomsonreuters.com
Steven Zhao
Account Manager
(86) 10 6627 1360
RANAJIT DAM s.zhao@thomsonreuters.com
Managing Editor, Yvonne Cheung
Asian Legal Business Sales Director, Key Accounts and South China
Thomson Reuters (852) 2847 2003
yvonne.cheung@thomsonreuters.com
SENIOR EVENTS MANAGER
Julian Chiew
Asian Legal Business is available by subscription. Please visit www.legalbusinessonline.com for details. julian.chiew@thomsonreuters.com
Asian Legal Business has an audited average circulation of 11,402 as of 30 September 2016.Copyright is reserved throughout. No part of this publication can be
reproduced in whole or part without the express permission of the editor. Contributions are invited, but copies of work should be kept, as Asian Legal Business AWARDS MANAGER
can accept no responsibility for loss.
MCI (P) 041/02/2021 Caryl Aquino
issn 0219 – 6875 mary.aquino@thomsonreuters.com
KDN PPS 1867/10/2015(025605)
Thomson Reuters
18 Science Park Drive Singapore 118229 / T (65) 6775 5088 / F (65) 6333 0900
10/F, Cityplaza 3, Taikoo Shing, Hong Kong / T (852) 3762 3269
www.thomsonreuters.com
2 ASIAN LEG AL BU S I N ES S – JA N UARY / FEB RUARY 202 1 W W W. L EG A L B U S I NE S S O NLI NE .COM
THE BRIEFING : YOUR MONTHLY NEED -TO -KNOW
WITH VACCINES ON HORIZON IN THE NEWS
GCS FEEL OPTIMISTIC Singapore Big Four firm
According to a recent survey by Rajah & Tann has launched a
Morrison & Foerster, general counsel sustainability practice for
globally are indicating optimism ESG compliance. The team will
about the impact of the pandemic, help clients navigate regulatory
PERCENT as they look towards the future with and legal considerations for
the possibility of viable vaccines on sustainability on issues such as
Proportion of large corporations in anti-bribery and corruption,
the horizon. The firm found, however,
Singapore that do not consider the
that the biggest challenge for business conduct and ethics,
safeguards they have in place against
major technology failure adequate employers is weighing the benefits corporate governance, environment,
post COVID-19, according to a and potential risks of mandating health and safety, and green and
survey by Hogan Lovells. employee vaccinations against the sustainability-linked loans.
benefits and potential legal risks
that not doing so would pose to the
business. The second-highest risk
LONDON LAW FIRMS STARTING TO for companies was data security,
DITCH TROPHY OFFICES: FT with the firm finding that the
ongoing pandemic had emboldened
Amount raised by IPOs in the Asia-Pacific
cybercriminals, and the demands in 2020, according to a Baker McKenzie
Leading international law firms for ransomware in particular were report. The number represents a 39 percent
in the UK are ditching “trophy increasing in volume and amount. increase in capital raised from 2019.
offices” as they look to slash
space by as much as 50 percent
because of the shift to remote
QUOTE UNQUOTE IN THE NEWS
working as a result of the
pandemic, according to a
report in the Financial Times.
According to the FT, firms like
“THE MENTALITY
Norton Rose Fulbright, DWF and THAT IT IS BUSINESS Herbert Smith Freehills has
Fieldfisher are projecting a joined the global LGBT+ coalition
reduction in floorspace of between
AS USUAL IS ABSURD. Open for Business. The coalition
30 and 50 percent, given that THIS SITUATION IS was launched in 2015 and
workers will work more regularly comprises organisations from
from home. The FT said that
ANYTHING BUT all over the world that are
law firm moves in London rank USUAL.” dedicated to supporting LGBT+
consistently as some of the inclusion. The group aims to
largest and most valuable deals, advance the rights of the LGBT+
London firm Hodge Jones & Allen (HJA)
but the pandemic is causing firms slams the UK courts system after one of the community and “demonstrate
to embrace a permanent shift to firm’s solicitors tested positive for COVID-19 the business rationale for global
working from home. following a meeting with a client in court. LGBT+ inclusion,” HSF said.
W W W. LEG ALBU SINESS
SINES S O N L I N E.CO M A S I A N L EG A L B U S I N E SS
S S – JA N
NUA
UA RY/ F E B RUA RY 2021 3
BRIEFS
FORUM
RETHINKING BUDGETS
With technology usage ramped up by the global COVID-19 pandemic, forward-thinking law firms are
increasingly looking to invest in smart technology solutions that enable their lawyers to thrive,
regardless of physical location. Whether firms want to attract top talent with flexibility, work more
collaboratively as an organisation, or offer clients a more sophisticated experience, post-pandemic,
decisions makers are taking a strategic approach into 2021.
HOW HAS CLOSE TO A YEAR OF REMOTE WORKING INFLUENCED YOUR
TECHNOLOGY BUDGETS OR SPENDING FOR 2021? WHAT KINDS OF
TECHNOLOGY WILL YOU BE INVESTING IN GOING FORWARD?
SUE KENCH, global chief executive, allow scanning, expense management, collabora-
King Wood & Mallesons tion, time recording, partner voting, and intranet
We continue to adapt our IT offering for 2021 based access to be available from any location. The
on the unprecedented circumstances of 2020; current pandemic brings about an acceleration
however, as a firm we have always sought to provide of, rather than a change to, our technology strategy.
technical solutions that support a ‘work from Withers will continue to invest in modern technolo-
anywhere’ environment for our partners and staff. gies which support and enhance working practices
KENCH Our focus for 2021 will be on using our technology in order to best serve our clients. A key enabler is
budget to further embed this approach, optimising our digital strategy, which in conjunction with a
the way we collaborate internally and with our review of our working practices across the firm, is
clients (including via webinars and virtual events), implementing modern workflow and automation
adopting targeted legal tech to deliver smarter and technologies to drive greater efficiency across our
better services for our clients, enhancing digital processes. We embrace artificial intelligence (AI) as
literacy and adaptability amongst our teams, and a key technology for supporting the improvement
continuing to strengthen our information security. and effectiveness of these processes. For example,
Agility and cybersecurity remain key focuses. we are working with a start-up in the UK on the
SER development of an AI-driven drafting tool to make
SHARON SER, Hong Kong managing partner, this process as seamless as possible.
Withers
The year 2020 saw us move to new cloud-enabled MICHAEL BARRETT, chief information officer,
offices in Asia, reflecting our continued investment Dechert
in technology that empowers our lawyers to effi- Dechert’s core capabilities and equipment to
ciently support clients’ requests seamlessly from support remote working were already in place when
any location. Extending across our global offices, the pandemic hit. In 2021, we will continue to focus
these technologies include softphone capabilities, our investments on expanding the firm’s platform
BARRETT cloud video conferencing capabilities, in-office and training capabilities to allow the in-house
technology to facilitate the client’s preferred cloud development of bespoke, firm-wide, AI-based solu-
communication solution; and widespread adop- tions and products that best address the needs of
tion of Microsoft collaboration tools. We have also our practice groups and clients, and do most to
launched a range of mobile applications which foster internal and external virtual collaboration.
4 ASIAN LEG AL BU S I N ES S – JA N UARY / FEB RUARY 202 1 W W W. L EG A L B U S I NE S S O NLI NE .COM
BRIEFS
positioning themselves as forward-
thinking, digitally-savvy operations.
DBS, for example, has previously won
global awards for its digital banking
offerings, Lam and Leung say.
“In general, Singapore is one of the
best markets for digital banking services
globally. This means that digital banks
will find a more competitive landscape
in providing any differentiation via its
digital offerings,” they add.
With Singapore’s digital banks
expected to start operations from early
A man leaves the premises of the Monetary Authority of Singapore in the central business district of
Singapore, January 18, 2013. REUTERS/Edgar Su 2022, there is still time for the existing
banks to consolidate their leadership
SINGAPORE’S VIRTUAL BANK LICENCES COULD
in the digital space, according to the
lawyers, who predict digital banks are
likely to take a strategic approach to the
PROVIDE TEMPLATE FOR SE ASIAN REGION well-served market.
“We expect that the new digital
banks will be able to tape some niche
or unmet needs in the market. At a broad
Virtual bank licences have been Hoi Tak Leung, say in both cities, the level, both in Singapore and globally,
something of a work in progress in issues of these licences has led to an many activities have shifted from phys-
Singapore over the past few years, and uptick in demand for legal advice. ical to online – and that’s particularly
despite the pandemic, this process has “We have seen clients placing true in the financial services space. That
remained on track. In June last year, a greater focus on lawyers who can in itself means that there will be oppor-
the Monetary Authority of Singapore traverse the technology and financial tunities for the new digital banks to tap,”
(MAS) shortlisted 14 contenders “eligible services landscapes — leading to greater Lam and Leung note.
for next stage of assessment,” and by importance on lawyers and teams who The MAS digital bank licence
December, the city-state had approved can advise on a cross-discipline basis. application itself emphasised reaching
four digital bank licences. Those lawyers and teams who can advise under-served segments of the Singapore
Singapore has strengthened its on the digital economy and transforma- market, likely to spark further innovation
focus on the digital economy in recent tion have seen a significant uptake in and creative approaches.
years, pushing legal tech and pitching workload, as clients increasingly expect “Amongst other things, we expect
itself as a regional leader in business lawyers to be able to provide their to see new offerings that have faster
innovation, but last year its long-time legal advice in a commercial, practical account opening, greater personalisa-
competitor Hong Kong edged ahead in manner,” Lam and Leung say. tion of banking services and closer tie-in
the virtual banking race after issuing They note, however, that the differ- with existing digital measures intro-
licenses. ences in both the types and the number duced by MAS (notably, digital customer
In the Chinese city, the Hong of licences “likely means that the disrup- verification), and (as with Hong Kong) a
Kong Monetary Authority (HKMA) has tion to the existing market in Singapore strong focus on serving SME customers.
issued eight virtual banking licences, will be less than what it was in Hong We may also see new digital solutions,
all focusing on retail banks. These have Kong”. products and methods of delivery,” feel
been lauded as a step in the right direc- In Hong Kong, part of the reason Lam and Leung.
tion, and a welcome pressure on tradi- behind the perceived success of virtual Additionally, other countries in the
tional banks long considered compla- banking licences is the impact on the region may be looking to implement
cent. market and the pressure on banks to similar digital banking and payment
In comparison, the Monetary offer better digital services. frameworks in the future.
Authority of Singapore (MAS) issued In this regard, Singapore is in a “We also expect digital banks to use
four digital bank licenses — two digital somewhat different position to Hong Singapore as a launching pad for other
full (retail) bank licences and two digital Kong, with its banks typically well- banking licences and services across
wholesale bank licenses. established in the digital space and Southeast Asia, though given the MAS’
Evan Lam, Singapore-based finan- focus on Singapore, we expect that this
cial regulatory partner at Ashurst, and will follow after the Singapore services
his colleague, Hong Kong-based counsel are developed,” the lawyers add.
W W W. LEG ALBU SINES S O N L I N E.CO M A S I A N L EG A L B U S I N E S S – JA NUA RY/ F E B RUA RY 2021 5
BRIEFS
EXPLAINER distribution channels, and opera- Overy lawyers. “Although the RCEP
tions to capitalise on favourable does contain investment protections
RCEP SET TO
trade concessions,” Bush says. that are largely in line with those
François Renard and James found in other modern treaties, it
Mythen, both partners at Allen & does not currently provide for an
Overy, and senior associate Jaehee investor-state dispute settlement
BOOST WORK
Suh say RCEP is expected to “signif- (ISDS) mechanism.”
icantly” increase cross-border busi- The lawyers note that in the
ness within the trading block. absence of an ISDS mechanism,
“The notable improvements foreign investors are unable to bring
FOR REGION’S
to trade and market access, as a direct claim — by arbitration, for
well as novel commitments with example — against a state for a
respect to matters such as govern- breach of the investment protec-
ment procurement and digital tions in the trade deal.
LAWYERS
trading relationship, are expected But this is currently in the works
to generate work for lawyers who with parties to the RCEP committed
support and facilitate cross-border to discussing the settlement of
transactions and flow of capital,” investor-state disputes no later
Renard, Mythen and Suh say. than two years after the agreement
The RCEP agreement is also comes into force.
The Regional Comprehensive notable in that it marks the first time “An ISDS provision, once
Economic Partnership (RCEP), signed that major ASEAN countries have included, would increase the prac-
by fifteen Asia-Pacific economies in committed to improved transparency tical significance of the investment
November last year, has been heralded and cooperation in central govern- protections in the eyes of the inves-
as the largest trade pact in the world. ment procurement, and cross-border tors,” Renard, Mythen and Suh say.
China, Japan, Australia, and South activities and corresponding legal Bush says compared to the
Korea are among those that have joined work in this sphere are expected to CPTPP, RCEP is generally viewed
the mammoth agreement, covers increase, the lawyers say. as “concentrating on tariffs cuts
nearly a third of the global population It also establishes a commit- and market access across diverse
and around 30 percent of global gross ment to maintaining “competi- jurisdictions with dramatically
domestic product. But while the agree- tion law regimes based on inter- different development needs,
ment is certainly ambitious, further national best practices, and to economic models, and political
changes are already on the cards. increasing cooperation on various systems”.
issues relating to competition law “The CPTPP agreement is
enforcement, including in actual generally viewed as a more ambi-
F OR L AW YERS, anti-competitive cases,” Renard, tious trade agreement; the scope of
WHAT T YPES OF WORK Mythen and Suh say. binding commitments enforceable
MAY WE SEE AN INCRE ASE As a result, a pan-regional and through formal dispute settlement
OF AS A RESULT RCEP ? centralised approach to competition under the CPTPP is far broader and
For businesses that want to make law will become more important deeper than under RCEP,” says
best use of the RCEP, talking to which will, in turn, generate “advi- Bush, noting that CPTPP imposes
compliance specialists is a good sory as well as contentious work for enforceable standards for envi-
start. Nathan Bush, Singapore- law firms that can advise on both ronmental protection and labour
based partner and head of the local and comparative competition rights, and outlines treatment of
Asian investigations and antitrust/ law issues,” the lawyers add. state-owned enterprises.
competition practices at DLA Piper,
says trade counsel and other trade WHAT ARE AS ARE HOW MIGHT THE
compliance specialists can aid CURRENTLY MISSING AGREEMENT AFFEC T
companies immediately in ensuring FROM THE AGREEMENT ? CORP OR ATIONS IN ASIA?
the latter maximise the benefits The trade deal does come with some Market watchers predict the RCEP
available for their current operations limitations, though. will boost supply chains and
under RCEP and the Comprehensive “The RCEP falls short of strengthen ties, but the timing of the
and Progressive Agreement for creating a true single market, agreement, in conjunction with the
Trans-Pacific Partnership (CPTPP). such as the EU, given the rela- impacts of the pandemic is also likely
“They can also guide compa- tively limited focus on services, as to lead to a careful re-examination
nies in revisiting their supply chains, opposed to goods),” say the Allen & of the lay of the land for companies.
6 ASIAN LEG AL BU S I N ES S – JA N UARY / FEB RUARY 202 1 W W W. L EG A L B U S I NE S S O NLI NE .COM
BRIEFS
“Companies emerging from the Renard, Mythen and Suh say the competitive advantages that
pandemic’s shadow may scrutinise during trade tensions or in a situ- each of the RCEP members may
existing supply chains and distribu- ation such as the pandemic, well- have (in terms of access to raw
tion channels as well as possible established international supply material, quality of products, infra-
alternatives to optimise the tariff- chains are placed under stress, structure, speed of supply, etc),”
efficiency of their regional opera- or placed on hold. “Corporations they advise, adding: “Corporations
tions,” suggests Bush. are sometimes forced to purchase may also envisage new invest-
While for some industries, tariff locally even if it does not satisfy their ments throughout the region,
reductions may have an impact on needs or quality requirements,” the while reducing costs and time
investment decisions and facilities lawyers say. for importing raw material and
placement to benefit from lower “The RCEP should induce exporting manufactured goods to
duties. “These tariff reductions may corporation to reorganise their customers in the region. The RCEP
reshape the Asia footprint of many international supply chain is meant to be make the Asian
MNCs,” Bush adds. throughout Asia and benefit from Century a reality.”
DEALS
$3.48 $3.26 $2.4
JD Health’s HK IPO
BLN
Recruit Holdings’
BLN BLN
Combination of Singlife
$1.86
Evergrande Property
BLN
Deal Type: IPO equity offering and Aviva’s Singapore Services’ HK IPO
Firms: Cleary Gottlieb Deal Type: ECM businesses Deal Type: IPO
Steen & Hamilton; Firm: Skadden Arps Deal Type: M&A Firms: Commerce &
Han Kun Law Offices; Slate Meagher & Flom Firms: Latham & Finance Law Offices;
Shihui Partners; Jurisdiction: Japan Watkins; Norton Rose Freshfields Bruckhaus
Skadden Arps Slate Fulbright Deringer; King & Wood
Meagher & Flom Jurisdiction: Singapore Mallesons; Sidley Austin
Jurisdictions: China, Jurisdiction: Hong Kong
Hong Kong
$1.6 BLN
China Resources Mixc
$925 MLN
Japfa’s disposal of
$674 MLN
Pop Mart International
$534.5
GHY Culture & Media
MLN
Lifestyle Services’ shares in Greenfields Group’s IPO Holding ‘s SGX IPO
HK IPO Dairy Singapore to Deal Type: IPO Deal Type: IPO
Deal Type: IPO Freshness Firms: Davis Polk & Firms: Christopher &
Firms: Clifford Chance; Deal Type: M&A Wardwell; Jingtian & Lee Ong; Rajah & Tann
DeHeng Law Offices; Firms: Assegaf Hamzah Gongcheng; King & Jurisdictions: Malaysia,
Freshfields Bruckhaus & Partners; Rajah & Wood Mallesons; Singapore
Deringer; Han Kun Law Tann Simpson Thacher &
Offices Jurisdictions: Indonesia, Bartlett
Jurisdictions: China, Singapore Jurisdictions: China,
Hong Kong Hong Kong
W W W. LEG ALBU SINES S O N L I N E.CO M A S I A N L EG A L B U S I N E S S – JA NUA RY/ F E B RUA RY 2021 7
BRIEFS
SIAC OPENS NY REP OFFICE,
APPOINTMENTS
SETS NEW CASE RECORD
The Singapore International
Arbitration Centre (SIAC) has opened
a representative office in New York.
This is SIAC’s first representative office
outside Asia and the fifth overseas.
The centre has also set a record
for new cases. As of Oct. 30, 2020,
SIAC saw 1005 new cases, which TONY ANDRIOTIS IVAN CHEONG MATTHEW DURHAM
included two sets of related cases. L E AV I N G L E AV I N G L E AV I N G
Quinn Emanuel Harry Elias Partnership Simmons & Simmons
That figure was more than double Urquhart & Sullivan
JOINING JOINING
the 479 new cases filed in 2019, and JOINING
Withers Gall
DLA Piper
that was over a 12-month period. This P R AC T I C E P R AC T I C E
P R AC T I C E
marked the first time SIAC’s caseload International Arbitration Family Law Employment
crossed the 1000-case threshold. L O C AT I O N L O C AT I O N L O C AT I O N
Hong Kong Singapore Hong Kong
The New York representative
office of SIAC, which currently also has
branches in India, South Korea and
China, will be led by Adriana Uson.
Uson’s previous experience includes
working as a counsel in the SIAC
Secretariat, practising as a lawyer and
serving as sole arbitrator.
OON & BAZUL RARE FIRM TO TIM FOURTEAU JAMIE FRANKLIN RAY NG
ADD NON-LAWYER TO EQUITY
L E AV I N G L E AV I N G L E AV I N G
Latham & Watkins Latham & Watkins Ogier
JOINING JOINING JOINING
White & Case White & Case Charles Russell Speechlys
In an unprecedented move,
P R AC T I C E P R AC T I C E P R AC T I C E
Singapore’s Oon & Bazul has made Projects & Finance Projects & Finance Dispute Resolution
Abdul Malik, a non-lawyer, an equity L O C AT I O N L O C AT I O N L O C AT I O N
partner of the firm. Singapore Singapore Hong Kong
Non-lawyers do not usually join
a firm’s equity partnership, with the
exception of some patent attorneys
and economists, even though regu-
lations in Singapore allow for it.
According to media reports, Malik’s
addition to the partnership was
approved by the Ministry of Law in
July. He becomes one of Oon & Bazul’s
five equity partners.
Currently general manager and CLARA SHIROTA YUE SONG AI LEEN TANG
head of business development at Oon L E AV I N G L E AV I N G L E AV I N G
& Bazul, Malik manages a team of 12 Clifford Chance Clifford Chance Zul Rafique & Partners
professionals who assist him in the JOINING JOINING JOINING
financial, information technology, White & Case King & Wood Mallesons Wong & Partners
P R AC T I C E P R AC T I C E P R AC T I C E
human resources, marketing and Debt Finance Debt Capital Markets Corporate & Real Estate
business development functions of L O C AT I O N L O C AT I O N L O C AT I O N
the firm. Tokyo Hong Kong Kuala Lumpur
8 ASIAN LEG AL BU S I N ES S – JA N UARY / FEB RUARY 202 1 W W W. L EG A L B U S I NE S S O NLI NE .COMVIRTUAL MASTERCLASS
Ken Adams Drafting Clearer Contracts (Mar 2021)
2-Part Webinar
Part 1: 29 March 2021, Monday
9am to 12pm (Singapore / Hong Kong / Beijing / Shanghai time) GMT +8
Part 2: 30 March 2021, Tuesday
9am to 12pm (Singapore / Hong Kong / Beijing / Shanghai time) GMT +8
6 Public CPD points
(3 Public CPD Points Per Day)
ALB is pleased to present internationally renowned contracts expert Ken Adams for a Practice Area: Corporate / Commercial
2-Part Virtual Masterclass. This hands-on masterclass explores how to draft contracts Training Level: General
that express deal terms clearly and effectively, saving you time and money, enhancing SILE Attendance Guidelines:
Participants who wish to obtain CPD Points are reminded that
your competitiveness, and mitigating risk. Rather than simply lecturing, Ken uses they must comply strictly with the Attendance Policy set out in
interactive exercises, encouraging participation and addressing practical considerations the CPD Guidelines. For this activity, this includes logging in at
the start of the webinar and logging out at the conclusion of the
related to the drafting process. This masterclass is valuable for both junior and senior webinar on each day of the activity, and not being away from
any part of the webinar for more than 15 minutes on each day of
legal professionals, with tips that apply to all contracts drafted in English, whatever the activity. Participants who do not comply with the Attendance
the governing law. Policy on any particular day of the activity will not be able to
obtain CPD Points for that day of the activity. Please refer to
http://www.sileCPDcentre.sg for more information.
WHAT YOU’LL LEARN WHO SHOULD ATTEND SPECIAL OFFER
• Practical skills from a global industry • Lawyers Special Discount For The Book
leader • In-house counsel “A Manual of Style for Contract Drafting”
• The problem with traditional contract • Paralegals and managers in law Each participant can purchase a copy of
language firms and corporations the latest edition of Ken Adams’s book,
• How efficient contract drafting can • Contract managers A Manual of Style for Contract Drafting
benefit your business • Anyone who drafts, negotiates, or at a 30% discount. The seminar explores
• The basics of rigorous contract reviews contracts issues addressed in detail in this one-of-
language and layout a-kind book that has become a valued
• Why revising your contract resource for the legal profession.
process can improve contract
language
THIS TWO-PART VIRTUAL MASTERCLASS COVERS:
The state of contract drafting Layout Select Usages
• Costs and causes of deficient • How to present sections, • Problematic words and phrases
drafting subsections, and enumerated • Clearer alternatives
• Goals for the program clauses Drafting as Writing
• Using Adams’s enumeration
The Front and Back of the • Some general principles of
scheme
Contract good writing that apply to
• Issues of typography
• Title and introductory clause contract drafting
• Function and layout of recitals Using Defined Terms Bringing It All Together
• Traditional recital of • Two kinds of definitions • Redrafting sample provisions
consideration • Role of the definition section
• Concluding clause • Using an index of defined Effecting Change
• Role of exhibits and schedules terms • The individual
• The organization
Categories of Contract Language Ambiguity and Vagueness
• Different categories of contract • Different kinds of ambiguity
language and their function • How to avoid them
• How to distinguish between • How to use vagueness
categories
• Why does it matter?BRIEFS
involved in forced labour or other human
rights abuses in the Muslim-majority
Xinjiang region, Hong Kong, or else-
where in China.
“We will also likely see further
additions of Chinese entities to the
Entity List based on civil-military fusion
concerns shared by the Trump and Biden
Administrations,” Contini says.
But it is a possibility, says Contini,
that some of the Trump Administration’s
actions that target China that the Biden
Administration consider too aggressive
U.S. President Joe Biden speaks during a brief appearance at the White House in
Washington, U.S., January 25, 2021. REUTERS/Kevin Lamarque may be relaxed — “particularly those
imposed by Executive Order.”
BIDEN TO RESET ASIA RELATIONS, BUT UNLIKELY
There are questions about “whether
or how strongly” Biden’s government will
impose November 2019 sanctions that
TO SOFTEN CHINA STANCE prohibit investments in Chinese compa-
nies determined to be connected to the
Chinese military, Contini adds.
Born out of the circumstances
Incoming U.S. president Joe policies of prior administrations and brought about the pandemic, another
Biden is tasked with resetting his coun- reject the “policy by tweet” approach, key focus for the Biden administration
try’s geopolitical relations as outgoing does expect the trade and security that concerns Asia will be its focus
president Donald Trump leaves behind concerns identified by the Trump admin- on supply chains to ensure domestic
a wake of chaos. While Trump’s imposi- istration to “constrain the opportunity for supplies of personal protective equip-
tion of tariffs and sanctions contributed cooperation with China.” ment and other critical products.
to many viewing him as an aggressor, While there will be room for China “I expect the Biden Administration
Biden is expected to remain firm in his and the U.S. to collaborate on matters to continue the trend of focusing on
handling of geopolitical relations, but such as climate change “It is unlikely that supply chains, including intervening
operate more diplomatically than his there will be a quick change of direction when deemed necessary to avoid short-
predecessor, lawyers say. on trade policy regarding China,” says ages of critical supplies,” says Contini,
Rod Hunter, a partner at Baker Hunter. citing last July when the Biden campaign
McKenzie and former Special Assistant to Dean Collins, a Partner at Dechert published a plan to rebuild U.S. supply
the President for National Security Affairs Singapore, says that while Biden may chains in order to avoid the country
says that under the Biden administration, look for opportunities to reduce tensions, facing future shortages of equipment
businesses in both Asia and the U.S. can abrupt changes are unlikely. including medical supplies, semiconduc-
expect “more predictable policymaking.” “Biden has emphasised a desire to tors, key electronics and telecommunica-
It appears the impact is already take a multilateral approach to trade and tions infrastructure.
being felt. In mid-January, the details of global affairs. However, we anticipate “The basic premise of the plan is that
Biden’s economic relief American Rescue continued trade and foreign investment the United States and its allies should
Plan saw Asian shares rise after a late regulation efforts limiting cross-border not be dependent on supplies of critical
Wall Street dip, Reuters reported. China-related M&A activities,” he says. equipment from countries like China and
There is speculation that under Kerry Contini, international trade Russia,” says Contini, adding that Biden
Biden’s leadership, the U.S. may rene- partner in Baker McKenzie’s Washington, has outlined the possibility of a “carrot
gotiate an Asia-Pacific focused trade DC office, says sanctions under Biden’s and stick” approach to redirect critical
deal, deepening ties, while foreign policy administration are still likely, although supply chains away from China and
expert Kurt Campbell is expected to step these may be handed out “less aggres- Russia through import restrictions and
into the newly created role of Asia tsar, sively and with less heated rhetoric.” incentivise bringing production to the U.S.
further illustrating the significance Biden Contini expects these to be more “If Biden follows through on the
places on better managing Asia relations deliberate, targeting companies deter- statements made during the campaign,
during his administration. mined by the U.S. government to be Chinese companies in U.S. companies’
But Baker McKenzie’s Hunter, who supply chains for critical equipment may
expects Biden’s leadership to attempt find new barriers to bringing their prod-
to return to U.S. foreign policy and trade ucts to the U.S. market,” Contini adds.
10 ASIAN LEG AL BU S I N ES S – JA N UARY / FEB RUARY 202 1 W W W. L EG A L B U S I NE S S O NLI NE .COMBRIEFS
Q&A
‘THE NATURE OF THE PROFESSION WILL CHANGE’
Yihan Goh, dean of the Singapore Management University School of Law, was recently appointed as
a senior counsel. He spoke to ALB about how the pandemic is impacting legal education, and what he
and his team are doing to build the ‘law school of the future.’
ALB: Can you start by telling us a bit sion. However, we can certainly do more to communicate effectively online. This
about your career? in this area. is different from communicating in a
Yihan Goh: I am presently professor and real-world setting. Second, technology
dean of the Singapore Management ALB: Technology has been a focus for would continue to change the content of
University School of Law. In that capacity, law firms for quite some time, but given laws, all the more so after the pandemic.
through the collective efforts of a valued how rapidly this can evolve, how can Thus, students need to be sensitised to
team of academic and administrative educators ensure students have a solid the changing content of the relevant
colleagues, we are building the law understanding that will carry them laws. Finally, the nature of the profes-
school of the future. I graduated from through their careers? sion will change — lawyers need to be
the NUS Faculty of Law in 2006. After Goh: At SMU, we pursue a three-pronged versed not only in the law, but in relevant
graduation, I was fortunate to serve as a approach. First, we want every student disciplines so that they can solve prob-
justices’ law clerk and then concurrently to have a general understanding of tech- lems for clients. Legal education has to
an assistant registrar at the Supreme nology. We do this by distributing “issues react to this.
Court for two years. After my time at the packs” to students; these
Supreme Court, I returned to the NUS highlight the relevant ALB: Prior to COVID-19
Faculty of Law as a teaching assistant. issues for students to learn there was discussion
I attained an LLM from Harvard Law about. Second, we ensure around how legal educa-
School on a NUS Scholarship, for which that students who want to tion needs to adapt and
I will always be grateful. I left NUS as an specialise can do so. We evolve. What can educa-
assistant professor in 2014, when I joined offer a suite of law/tech tors do to ensure students
the SMU School of Law in a similar role. electives, such as fintech, are truly prepared the
In 2017, I was appointed to a five-year privacy laws, computa- changing nature of legal
term as dean of the School of Law, and tional law, etc for students work?
subsequently promoted to professor in to take. Third, for a select Goh: Educators need to
2019. In 2021, I was appointed senior group of students who Y IHAN GO H keep themselves updated
counsel. want a deeper specialisa- on the state of technology
tion, we offer a joint degree so that they are equipped
ALB: What are some of the ways legal in law and technology, namely, the BSc to teach the students.
education has evolved over the time in Computing and Law, jointly offered
you’ve been in academia? with the School of Informations System. ALB: 2020 was a tough year for new
Goh: I can think of three ways. First, more grads, any thoughts or advice for
content has moved online. When I first ALB: Post-pandemic, what new areas students starting legal studies this
started teaching, online tools existed but do legal studies need to address? year?
were not as widely utilised as they are Goh: The pandemic has moved the legal Goh: Continue doing your very best,
now. Second, there is now more aware- profession on a fast-track towards digi- and take a long-term view of things
ness of the need to connect what we talisation. It is therefore important for because this too will pass. Spend the
teach with the realities of practice. This legal education to focus on aspects of time devoting yourself towards learning
is important because the vast majority this change. First, given that more hear- as much as you can about the law and
of law students will start their careers as ings will be conducted online, even after related disciplines, so that you can be
practitioners. Third, and this is a recent the pandemic, students must learn how ready when the tide turns — and it will.
trend, there is now a greater emphasis
on teaching students about technology
and how that will affect the legal profes-
W W W. LEG ALBU SINES S O N L I N E.CO M A S I A N L EG A L B U S I N E S S – JA NUA RY/ F E B RUA RY 2021 11BRIEFS
when a decision favours those they are traditional court matters, which can drag
backing. on for years in India.
Omni Bridgeway, the world’s Desai added that he hopes that
second-largest litigation financier with in a few years, when the financiers get
more than $1.5 billion in funds under more comfortable with local issues, they
management, and Abu Dhabi-based can then “start looking at funding local
Phoenix Advisors said they plan to set up Indian arbitration and litigation”.
India operations soon. Omni is already In one case, as part of its finan-
in talks with prospective clients. cial turnaround, India’s Hindustan
“We are talking to various Indian Construction Company raised $238
corporates about their case load and million in 2019 by selling its rights on
how we can help de-risk that or monetise arbitration awards to a consortium of
that,” Tom Glasgow, Omni’s chief invest- investors led by BlackRock.
ment officer for Asia, told Reuters. He Omni, Marsh and Phoenix said they
declined to name any of those compa- will also join hands with consultants and
nies. law firms to set up an Indian Association
Dilip Massand managing partner for Litigation Finance to promote their
at Phoenix Advisors, said that he could business in the country.
no reason why litigation funding in India The association also aims to resolve
GLOBAL LITIGATION
could not be as robust, diverse, or of complaints against its members and
the same scale as the litigation funding create a framework for self-regulation,
industry in the United States or the UK. said Bagaria, whose firm is a part of
FINANCIERS PLAN “I believe that sophisticated financial
investors will be attracted to the asset
class in India itself,” he added.
the group. “Through IALF, the funders,
service providers, practitioners and
arbitral institutions will set themselves
INDIA ENTRY TO Prateek Bagaria, a partner at Indian
law firm Singularity Legal, added that the
up as progressive, knowledgeable and
ethical service-providers whom clients
TARGET COMPANY
country was ripe for litigation funding. can readily engage,” he noted.
“Indian law has been a frontrunner in Massand added that IALF will be
accepting litigation finance since 1876, a game changer, and serve as a focal
DISPUTES when it was confirmed by Privy Council.
To add to this, international disputes
have seen a huge growth in India today.
point for the development of third party
funding in India and an avenue for
discourse with regulators and Indian
Therefore, the Indian market couldn’t lawyers to collaboratively develop
Some of the world’s top litigation be more ready for the funders to tap on the proper structures and alignment
financiers, such as Australia’s Omni this lucrative jurisdiction to fund Indian of economic interests, as well as the
Bridgeway, plan to tap the Indian market disputes and parties,” he said. avoidance of conflicts. “In fact, Phoenix
by funding the legal costs of disputes U.S. insurance broker Marsh Inc, intends to set up a domestic vehicle in
that embroil companies, executives told which operates its litigation finance arm India for litigation funding and asset
Reuters. from its London office, said its executives recovery in 2021,” he said.
The concept of litigation finance is will start visiting India more often to hold Another law firm that is involved in
widely prevalent in Australia, the United talks on offering funding to companies. the IALF is PSL Chambers. Its managing
Kingdom and the United States, where The coronavirus pandemic has crip- partner, Sameer Jain, noted that good
such financiers pay legal fees and other pled economic growth in India and hit legal representation is expensive, and due
costs of commercial lawsuits, arbitration businesses hard, sparking more contrac- to non-availability of litigation finance in
or shareholder disputes and in return get tual disputes and bankruptcy-related India, a lot of meritorious claims either
a share of the award from a settlement cases. go uncontested or inefficiently contested.
or a win. “The pandemic just sped things up,” According to him, “IALF brings together
So far in India, however, it has been said Marsh’s head of litigation insurance industry leaders in litigation finance
a little-known concept, with cases few and funding, Sanjay Desai. “Businesses and law to study the legal landscape
and far between. have less money and there is more liti- for litigation finance in India, suggests
While companies stand to gain by gation. Funding provides the answer.” amendments and regulatory framework,
safeguarding themselves against costs The financiers said they initially and also acts as a self regulating body
of fighting big-ticket claims, financiers plan to focus on international arbitration for entities providing litigation finance/
and their investors stand a chance to cases involving Indian parties as these third party funding in India. I think India
get higher returns on their investment have a far quicker resolution time than is ready for this big leap!”
12 ASIAN LEG AL BU S I N ES S – JA N UARY / FEB RUARY 202 1 W W W. L EG A L B U S I NE S S O NLI NE .COMBRIEFS
N O RT H A S I A A N D S O U T H E A S T A S I A / S O U T H A S I A L E AG U E TA B L E S
North Asia Announced M&A Legal Rankings North Asia Announced M&A Financial Rankings
Value Market Value Market
Rank Legal Advisor Deals Rank Legal Advisor Deals
($MLN) Share ($MLN) Share
1 Baker Mckenzie 4,444.1 3 10.0 1 Citi 5,070.5 3 11.4
2* Goodwin Procter LLP 1,505.5 1 3.4 2 Goldman Sachs & Co 3,400.0 2 7.6
2* Simpson Thacher & Bartlett 1,505.5 1 3.4 3 Morgan Stanley 1,505.5 3 3.4
4 Anderson Mori & Tomotsune 834.5 1 1.9 4 Somerley 1,417.5 3 3.2
5 TMI Associates 554.4 7 1.2 5 China Securities Co Ltd 1,235.9 2 2.8
6 Iwaida Partners 530.4 1 1.2 6 Huatai Securities Co Ltd 1,141.6 2 2.6
7* Shearman & Sterling LLP 270.0 1 0.6 7 Merdeka Securities Ltd 917.5 1 2.1
7* Kirkland & Ellis 270.0 1 0.6 8 UBS 869.1 1 2.0
9 Grandall Law Firm 262.3 1 0.6 9 HSBC Holdings PLC 842.3 2 1.9
10 T & C Law Firm 243.0 1 0.6 10 Plutus Consulting Co Ltd 834.5 1 1.9
(*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A) (*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A)
Any North Asia Involvement Announced M&A Activity - Quarterly Trend*
Series1 Series2 407.2
Rank Value US$ Billion
440 5,000
373.7 353.4
No. of Transactions
324.2 4,000
340 279.8 280.3 277.9
268.4 256.1 275.9
252.9 243.9 243.5 254.8 248.7 3,000
218.7 229.6 219.3 198.4
240 200.6 191.5
168.0 173.8 174.6
161.8 165.6 2,000
149.5142.8 138.2
122.8
140 93.5115.2 1,000
44.6
40 0
1Q 13 3Q 13 1Q 14 3Q 14 1Q 15 3Q 15 1Q 16 3Q 16 1Q 17 3Q 17 1Q 18 3Q 18 1Q 19 3Q 19 1Q 20 3Q 20 1Q 21
Southeast Asia / South Asia Announced M&A Legal Rankings Southeast Asia / South Asia Announced M&A Financial Rankings
Value Market Value Market
Rank Legal Advisor Deals Rank Legal Advisor Deals
($MLN) Share ($MLN) Share
1 JP Morgan 2,770.0 2 44.2
Sidley Austin LLP
Skadden 2* Barclays 2,050.0 1 32.7
1 2,050.0 1 32.7
Ice Miller LLP 2* Centerview Partners LLC 2,050.0 1 32.7
Steptoe & Johnson
4 Goldman Sachs & Co 720.0 1 11.5
5 Kirkland & Ellis 720.0 1 11.5 5 W Capital Markets Pte Ltd 267.1 2 4.3
6* ENSafrica 266.3 1 4.3 6* FirstRand Bank 266.3 1 4.3
6* Norton Rose Fulbright 266.3 1 4.3 6* BofA Securities Inc 266.3 1 4.3
8 Morgan Lewis & Bockius 22.5 1 0.4 8 DBS Group Holdings 202.4 1 3.2
9 AZB & Partners 21.0 2 0.3 9 UBS 175.0 1 2.8
10 S&R Associates 7.4 1 0.1 10 Jefferies LLC 78.0 1 1.2
(*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A) (*tie) Based on Rank Value including Net Debt of announced M&A deals (excluding withdrawn M&A)
Any Southeast Asia / South Asia Involvement Announced M&A Activity - Quarterly Trend*
Series1 Series2
210 1,600
Rank Value US$ Billion
178.8
No. of Transactions
1,400
160 1,200
118.1 1,000
110 79.9 85.0 85.6 82.3 77.1 74.6 800
77.3 68.3 73.6 70.1 72.9 73.7 74.5 75.1 70.8
64.0 65.9 66.4 600
52.7 44.2 47.5 46.7 48.3 53.5 44.6 51.8
60 39.0 42.1 41.8 400
26.0
13.4 200
10 0
1Q 13 3Q 13 1Q 14 3Q 14 1Q 15 3Q 15 1Q 16 3Q 16 1Q 17 3Q 17 1Q 18 3Q 18 1Q 19 3Q 19 1Q 20 3Q 20 1Q 21
*League tables, quarterly trends, and deal lists are based on the nation of either the target, acquiror, target ultimate parent, or acquiror ultimate parent at the time of the transaction. Announced M&A transactions excludes withdrawn deals. Deals with undisclosed dollar values are rank eligible but with
no corresponding Rank Value. Non-US dollar denominated transactions are converted to the US dollar equivalent at the time of announcement of terms. NORTH ASIA: China, Hong Kong, Japan, South Korea, Taiwan; SOUTHEAST ASIA: Singapore, Malaysia, Philippines, Thailand, Vietnam, Brunei,
Cambodia, Indonesia, Laos, Myanmar, Timor-Leste; SOUTH ASIA: India, Afganistan, Bangladesh, Bhutan, Maldives, Nepal, Pakistan, Sri Lanka. Data accurate as of 1 February 2021.
W W W. LEG ALBU SINES S O N L I N E.CO M A S I A N L EG A L B U S I N E S S – JA NUA RY/ F E B RUA RY 2021 13MENA
MENA
SUPER 50 LIST
Susie Abdel-Nabi
Clyde & Co, UAE
Ali Abedi
Hatem Abbas Ghazzawi & Co, Saudi Arabia
Pervez Akhtar
Freshfields Bruckhaus Deringer, UAE
Sheikha Haya Rashed Al Khalifa
Haya Rashed Al Khalifa, Bahrain
JD Hassan Matar Al Reyami
Al Reyami, UAE
Mohammed Al-Shukairy
Clifford Chance, UAE
Fatima Alhasan
Baker McKenzie, Bahrain
Barney Almazar
Gulf Law, UAE
Kushagra Ashok Arora
MHLF, UAE
Mark Beswetherick
Clyde & Co, UAE
Nassif BouMalhab
Clyde & Co, UAE
Scott Campbell
Linklaters, UAE
Rupert Copeman-Hill
Charles Russell Speechlys, Bahrain
Marco De Leo
BonelliErede, UAE
Hassan Elhais
Al Rowaad Advocates, UAE
Rad El Treki
Al Tamimi & Company, Bahrain
Jasmin Fichte
Fichte & Co Legal Consultancy, UAE
Khalid Garousha
Allen & Overy, UAE
Roy Georgiades
Al Tamimi, Qatar
In its first MENA Super 50 Lawyers list, ALB spotlights Christopher Gunson
standout lawyers in the Middle East and North Africa region AMERELLER, UAE
who have excelled in client service. The lawyers were selected Yousuf Khalifa Bin Hammad
based on client recommendations sent directly to ALB via Yousuf Khalifa Ahmad Bin Hammad, UAE
an electronic survey, which was open from November 2020 Mohamed Hashish
Soliman, Hashish & Partners, Egypt
to January 2021. More than 300 in-house counsel voted,
from across the Middle East region and beyond. The list is in Rita Jaballah
Al Tamimi, UAE
alphabetical order, and certain lawyers have been profiled.
Ravi Jawani
Fichte & Co Legal Consultancy, UAE
L I ST BY AS I AN LEG AL B USIN ESS, T E X T BY APARNA SAI
Abdulrahman Juma
Hadef & Partners, UAE
14 ES S – JA N UARY / FEB RUARY 202 1
ASIAN LEG AL BU S I N ESS W W W. L EG A L B U S I N
NEE SS
S S O NLI NE .CO
.COMMMENA
MENA
SUPER 50 LIST
BEHNAM KHATAMI
Sabeti & Khatami Law Firm, Iran
IBTISSEM LASSOUED
Al Tamimi, UAE
DANIELLE LOBO
Afridi & Angell, UAE
ZUBAIR MIR KUSHAGR A ASHOK JASMIN
ARORA FICHTE
Herbert Smith Freehills, UAE
ABDUL HAQ MOHAMMED
Trowers & Hamlins, Bahrain
DAVID A. MONNIER co-founder, partner, managing partner,
Baker McKenzie, Bahrain MHLF, UAE Fichte & Co Legal Consultancy, UAE
NASER MUHYEALDEEN
Al Reyami, UAE Arora is a seasoned lawyer with a Fichte specialises in maritime law,
respectable disputes’ practice and marine insurance, ship finance, stra-
ABDULLAH MUTAWI
Al Tamimi, UAE a knack for negotiating complex tegic investment solutions, arbitra-
matters; for and on behalf of a tion, and litigation.
ASHRAF NESSIM consistent clientele spread over Among the matters that she was
Legal Steer Law Firm, Egypt
various industry segments, including, involved in, Fichte advised on the
JONATHAN P. NOBLE real estate developers, F&B, insurers, acquisition of oil terminal and facili-
AMERELLER, UAE
contractors, healthcare, fintech, ties of a Malaysian company for a total
HENRY QUINLAN UHNI and HNI investors and family value exceeding $50 million. She also
DLA Piper, UAE offices. assisted a UAE oil trader regarding
HASSAN ALI RADHI He is currently advising two several parcels of oil shipped from
Hassan Radhi & Associates, Bahrain Forbes listed clients on matters UAE to Yemen which were rejected by
ANDREW SCHOORLEMMER concerning investments in ME and the end receiver based on the fraud-
Allen & Overy, UAE in Africa, respectively. ulent analysis carried out in Yemen.
JOEY SHABOT He has the experience of nego- Additionally, Fichte also acts on
Greenberg Traurig, Israel tiating master franchise and related behalf of various UAE government
issues for some renowned brands and institutions.
MATTHEW SHOWLER
Trowers & Hamlins, UAE prospects in GCC, Africa and Japan; Regarding her motivation,
and a joint venture between multiple Fichte says it comes from seeing
MUNIR SUBOH
BSA Ahmad Bin Hezeem & Associates, UAE
plot owners and a developer client clients achieve their goals and their
in Dubai. growth. “We work hard because we
MIKE TAYLOR He believes that it is paramount believe in creating value for our
Clifford Chance, UAE
for a counsel to be respected and clients and working in an inde-
TIM TAYLOR QC trusted by the clients and co-coun- pendent law firm allows us to decide
King & Wood Mallesons, UAE
sels; which has to be earned by on an ad-hoc basis and react swiftly
ALESSANDRO TRICOLI valuing their concerns and objec- to market needs,” she says. “I started
Fichte & Co Legal Consultancy, UAE tives; ensuring interpretation of Fichte & Co because I saw a need
HELEN TUNG laws which is precise yet innovative; for high-quality client-focused legal
Hamdan Al Shamsi, UAE a forensic understanding of facts; advice. I wanted to create a working
MICHAEL WATSON and developing a novel perspective environment for like-minded
White & Case, UAE to perceive matters and their plau- lawyers, passionate for what they
DANIEL XU
sible solutions. do.”
King and Wood Mallesons, UAE
“He is highly skilled, a good “She is extremely
NAIEF YAHIA
Al Tamimi, UAE listener, attentive to the client's knowledgeable of the UAE legal
views, and always delivers in a and regulatory environment and
RENAD YOUNES
Shearman & Sterling, UAE
timely and highly satisfactory is the ‘go-to lawyer’ for all our
fashion,” says a client. UAE legal issues,” says a client.
QAYS H. ZU’BI
Zu’bi & Partners, Attorneys & Legal Consultants, Bahrain
W W W. LEG ALBU SINESS
SINES S O N L I N E.CO M A S I A N L EG A L B U S I N E SS
S S – JA N
NUA
UA RY/ F E B RUA RY 2021 15MENA
CHRISTOPHER MOHAMED JONATHAN P.
GUNSON
partner,
HASHISH
managing partner,
NOBLE
local partner,
AMERELLER, UAE Soliman, Hashish & Partners, Egypt AMERELLER, UAE
A corporate and commercial expert, Hashish is well versed in corporate, Noble, a local partner in AMERELLER’s
Gunson’s practice focuses on mergers & acquisitions, banking Dubai office, focuses on corporate and
commercial transactions, strategic and finance, restructuring, telecom, commercial, labour and employment,
investments, joint ventures, and regu- media and technology and public and dispute resolution matters. He
latory compliance. He assists compa- procurement. advises multinational companies and
nies on advisory work, negotiation, He has acted for clients on regional powerhouses on interna-
and strategy. different matters including advising tional transactions, company forma-
Gunson has represented more SABIS Holding on restructuring of tion, agency and distribution, joint
than 300 Japanese clients across its subsidiaries in Egypt, counselling ventures, and corporate governance
the Middle East region. Some of Wabtec on restructuring of its subsidi- in the UAE, GCC, and broader MENA
Gunson’s noteworthy cases over aries in Egypt and acting as local legal region.
the past year include representing counsel to IBM on obtaining the first- Noble assisted a regional tech
Kurita Europe GmbH, part of Kurita ever WAN license in Egypt. company on restructuring of its
Water Industries Group, on its joint In addition, Hashish repre- regional operations in multiple juris-
venture with AquaChemie in the sented GE Healthcare on launching dictions including Morocco, Egypt,
UAE and Saudi Arabia. He also its first-ever e-commerce platform in Lebanon, Qatar, Saudi Arabia, and
counselled Kinden Corporation Egypt, advised Polimeros Mexicanos the UAE. He also advised a major
of Japan on its acquisition of on developing its chemical plant in Swiss pharmaceutical company on
International Electro-Mechanical Egypt, acted for Hewlett Packard on a potential investment in the UAE
Services Co. of Dubai. restructuring of its business in Egypt, under the new foreign direct invest-
According to Gunson, client and counselled the World Bank Group ment regime.
appreciation is what keeps him moti- with regulation of the telecom sector In 2020, he represented Kinden
vated. “I focus on cultural empathy in Egypt. Corporation of Japan in its acquisition
towards my clients,” he says. “My Talking about his approach of International Electro-Mechanical
approach is to explain legal risks, towards his clients, Hashish says, “The Services Co. of Dubai, UAE.
while acknowledging practical real success, for me, is when I provide Noble chief motivation is helping
concerns, make a reasoned recom- my clients with the type of legal clients solve problems. “In often diffi-
mendation, but respect a client’s advices that they never had before, cult and uncertain jurisdictions, we
decision. Practice of business law in especially for complex projects. This strive to deliver fast, high quality,
the Middle East requires a different will never happen without always affordable legal advice without
approach from many other developed putting our client’s interest before compromising on a single element
jurisdictions.” anything else including us.” of the client experience.”
“He gives valuable feedback and “He is careful, diligent, and “He delivers detailed and
finds different approaches to the spots important issues that concise work that allows me and
various matters, giving well- escape other counsel, especially my in-house legal department to
thought-out pros and cons to on complicated international also operate more efficiently,”
each scenario,” says a client. transactions,” says a client. says a client.
16 ES S – JA N UARY / FEB RUARY 202 1
ASIAN LEG AL BU S I N ESS W W W. L EG A L B U S I N
NEE SS
S S O NLI NE .CO
.COMMYou can also read
