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Indonesia’s Supreme Court has reportedly upheld a challenge to the Government’s ban on the export of unprocessed minerals and ore by striking down four articles of the Decree of the Minister of Minerals and Energy Resources No 7 of 2012 on Increasing Mineral Value Added through Refining and Smelting (MERM 7). It has been … Read more
In our May 2012 e-bulletin, we summarised the new statutory disclosure regime for inside information under a Part XIVA of the Securities and Futures Ordinance (“SFO”) which will come into effect on 1 January 2013. As this date is fast approaching, this bulletin serves as a reminder to listed companies to ensure that you are … Read more
In the latest of a string of important court decisions in the natural resources sector, the Constitutional Court of Indonesia has recently published a decision partially amending certain provisions of the Mining Law (Law No. 4 of 2009 regarding Mining). The effect of the decision is to give relevant regional governments, rather than the central … Read more
Chinese law restricts both the choice of law and the types of dispute resolution mechanism in China-related commercial contracts. As a result, drafting governing law and dispute resolution clauses in these contracts is not straightforward. This guide, designed for clients doing business in China or with Chinese counterparties, explains when the restrictions apply and how … Read more
The oil & gas industry in Indonesia has functioned via a production sharing contract (“PSC”) regime since the 1960s and has enjoyed a period of relative stability in recent years. A decision by the Constitutional Court of Indonesia has cast doubt over the current functioning of the PSC system and the key government administrator of … Read more
In the decision in A v The Commissioner of the Independant Commission Against Corruption [2012] HKCFA 79 handed down on 13 November 2012 the Court of Final Appeal in Hong Kong (CFA) held that a non-suspect party which was required to provide information and documentation in the course of an investigation conducted under the Prevention of Bribery … Read more
The Department of Justice of Hong Kong has recently prepared the Contracts (Rights of Third Parties) Bill (the “Bill”) which, if enacted, will significantly change the law relating to privity of contract in Hong Kong. Gareth Thomas provides an overview of the key proposals Read more
The recent case of Astro Nusantara International BV and others v PT Aunda Prima Mitra and others [2012] SGHC 212 is a further decision of the Singapore courts showing active support for arbitration (see our earlier blog piece here on PT Pukuafu Indah and others v Newmont Indonesia Ltd and another). The case involved a … Read more
The Singapore High Court (the “Court”) has refused to set aside an interim anti-suit injunction ordered by an arbitral tribunal (the “Tribunal”) in the case of PT Pukuafu Indah and others v Newmont Indonesia Ltd and another [2012] SGHC 187. It rejected the application on the grounds that, in contrast to its ability to set … Read more