Recent Trends in Compliance and Dispute Resolution Projects in Asia

Fukui

Today, I would like to talk about the support system and recent initiatives of the Office in relation to compliance and dispute resolution cases in Asia.

Justin

First of all, I would like to discuss about the characteristics of dispute resolution in Asia.
Unfortunately, in Asia, the judicial system are generally not as well developed or efficient as their American and European counterparts, apart from a few exceptions. In some jurisdictions, it may take a very long time to settle disputes through the courts system. Accordingly, the arbitration system is actively utilized to achieve speedy resolution and ensure appropriate and fair judgments of disputes n. In particular, arbitration institutes in Sigapore and Hong Kong are regularly resorted to, to decide on a number of matters, including contractual disputes involving governing laws of other jurisdictions.

Yothin

Although there are regional differences, compliance risks, such as bribery, can also be characterized to a certain extent. For example, there are countries that regulate commercial bribery, countries that have certain threshold for justifiable receiving amount of of public officer, although the extent and nature of regulations varies.

Ngoc

In some cases, there is a difference between the contents of the law and what may be permissible in actual practice. Moreover, actual practice keeps changing by time. For this reason, it would be important to confirm with practitioners who have a good understanding on the manner each country actually applies its laws.

Fukui

Could you tell us about recent hot topics and trends related to compliance and dispute resolution?

Hasegawa

The personal data protection regulation is a major topic in Vietnam. comprehensive personal data protection regulation has been published, and those regulations are enacted without a sufficient transition period. Given that guidance from the authorities is not complete and there are few case precedents, inquiries to law firms about actual practices and other matters are increasing as clients try to gather information.

Ngoc

The personal data protection regulation is a major topic in Vietnam. comprehensive personal data protection regulation has been published, and those regulations are enacted without a sufficient transition period. Given that guidance from the authorities is not complete and there are few case precedents, inquiries to law firms about actual practices and other matters are increasing as clients try to gather information.

Tokujiya

China's Personal Information Protection Law is one of the hottest legal topics in the jurisdiction, given the series of amendments to the law. As with Vietnam, China has many unique regulations compared to other jurisdictions, and legislation is being developed rapidly. Therefore, it is necessary to comply with Chinese regulations after accurately grasping the latest information.

Fukui

What are the trends in other jurisdictions?

Ngoc

The strengthening of competition laws in each jurisdiction is also a recent trend.

Hasegawa

In Southeast Asia, competition laws have been adopted in all ASEAN countries and more recently, the Competition Law was enacted in Cambodia in 2021. Due in part to the full-fledged application of competition laws in each country, I feel that in cross-border transactions, there are now more jurisdictions wherein we have to consider merger filing requirements than several years ago, and that more and more jurisdictions are also seeking to strengthen regulations against collusion and other issues.

Tokujiya

In the Shanghai office, we are continuing to collaborate with law firms in Taiwan and Hong Kong as well as firms in mainland China, and we have a system in place to handle projects in Taiwan, Hong Kong and China.

Justin

The Singapore office has a team that specializes in dispute resolution. We have a number of Japan, Singapore and New York qualified lawyers with a great deal of experience in resolving international disputes, and well equipped to respond to a wide range of dispute matters on a one-stop shop basis, including commercial disputes involving large-scale projects and construction-related disputes.

Fukui

There are many countries in Asia and Oceania and among China, India, Southeast Asia, and Australia, the regulations are different, and covering all of them comprehensively will involve a great amount of work. This region, however, is usually regarded as a single group, so it is often required that we develop a mechanism that spans the group. In many cases, the creation of compliance manuals and setting up whistle-blowing hotlines can be covered and adapted in multiple jurisdictions. In such cases, we have formed a team that transcends the geographic base to respond to the situation.

Yothin

Many clients in Singapore and Thailand have regional headquarters, which often have to oversee business operations in a wide range of jurisdictions beyond Singapore and Thailand. In such cases, it is imperative to cooperate with the lawyers in each jurisdiction to respond requests for legal assistance. Thailand has traditionally been a country with manufacturing operations, and many companies have regional headquarters in Thailand, particularly manufacturers of assembled motor vehicles and automotive parts. Such companies are sometimes required to conduct cross-sectional surveys on legal issues that tend to become problems in the manufacturing industry, such as quality assurance, product liability, and labor issues. In such cases, the cooperation of bases and law firms in Singapore, Vietnam, and China will be essential.

Fukui

On the practice area of compliance and dispute resolution, there are many updates, such as on personal information protection and competition laws, and there are also many demands for comparisons of legal systems with other countries. It is clear that we are working together across bases to standardize knowledge and address issues. I would like to work with you on more projects and support our clients.

Thank you very much for your time today, everyone.