Asia Business Law Journal – September/October 2018

A doorway opens

As we have seen elsewhere in the region and the world, nationalism has had a dramatic impact on the leaderships of many nations in recent times, often bringing with it a polarization of electorates that ultimately has a stifling effect on liberal business-related regulation and legal reform.

Indonesia is no different as it moves into campaign mode for next year’s elections. In Out of Time we find that the moderate incumbent has been battling to move forward with business law-related reform, but remodeling a fat and slow bureaucracy has been no easy task.

The nation’s new online single submission (OSS) system for streamlining business licensing has been heralded as a major step forward for investors keen to do business in the country. But just months into its operation, the system has been criticized for a series of glitches, and lawyers are hoping these teething issues can be ironed out rapidly.

Incomplete and unclear regulation in various other sectors leaves lawyers with local savvy often the only lifeline for clients keen to bring their money to market.

There is much also to be done in the way of more vital reform of a judiciary still widely regarded as corrupt and nepotistic. But any chance of positive change is on hold while the nation waits to see if the moderate retakes his presidency or if more conservative and inward-looking candidates prevail.

Is time running out for a legal makeover? Only time will tell. While on Indonesia, do make a point of checking our Asia Business Law Directory, profiling key firms in the country.

From the political to social influence on the law, A Moral Quarrel explores a remarkable situation in India where a moral judgment has been bestowed upon the community by none other than the Patent Office, via its rejection of a patent for a sex-related product.

On the heels of a draconian law that was recently struck down in India, this issue has sparked new debate on who should decide what should be allowed in the bedroom.

The Asian Infrastructure Investment Bank’s (AIIB) second Legal Conference and Law Lecture, held recently at the bank’s headquarters in Beijing, attracted more than 80 top-level counsel from the region and around the world.

The theme of this year’s conference was one essential to large-scale infrastructure projects: International Organizations and the Promotion of Effective Dispute Resolution.

The two-day conference explored a number of issues associated with this, many of which were discussed within five panel sessions covering various themes.

We sought the views of four speakers at the conference on the theme of dispute resolution and procedural innovation, and provide the essence of their speeches for our readers in World-scale Resolution.

Our A-List this issue maps out the top 100 lawyers in Thailand. Comments submitted to Asia Business Law Journal by the clients of Thai lawyers suggest that they not only look for lawyers with an extensive knowledge of the law, but also those who can provide cost-effective solutions, are highly ethical, and super client-friendly.

In addition, most international clients seek out Thai lawyers who have a range of expertise and an international mindset. As one of the fastest growing economies in Southeast Asia, Thailand is attractive for foreign businesses, and the A-List provides an easy reference for the best legal assistance.

Best wishes,
John Church
Editor, Asia Business Law Journal
Editor-in-chief, Vantage Asia