Cross-Border Contract Pitfalls in Asia-Pacific Region
This seminar addresses the complexities of cross-border contracts in the Asia-Pacific region, covering topics such as contract validity, foreign investments, intellectual property rights, and more. Expert panelists discuss key considerations for entering into contracts, navigating cultural differences, selecting governing laws, handling arbitration vs. court proceedings, foreign investments restrictions, repatriation of profits, and anti-monopoly regulations. Gain insights into managing and preventing pitfalls when engaging in cross-border transactions.
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Presentation Transcript
Welcome! The Seminar Will Begin Shortly
Cross Border Contract Pitfalls in the Asia Pacific Region
Todays Moderator Caroline Berube HJM Asia Law & Co LLC (China/Singapore)
Todays Panelists Yun-Jae Baek Hanol Law Offices (Seoul, South Korea) Selwyn Black Carroll & O Dea (Sydney, Australia) Atul Dua Seth Dua & Associates (New Delhi, India) Yukako Wagatsuma Hayabusa Asuka Law Offices (Tokyo, Japan)
Cross Border Contract Pitfalls: Management and Prevention Panel Discussion A. B. Contracts Validity and Entering Into Contracts Foreign Investments and Cross-border Transactions Contracts Related to Intellectual Property C.
A. Contracts Validity and Entering Into Contracts Signatories/Forms of contract 1. Formal requirements (Signatures, Notarisation, Seal, Who can sign, etc.) 2. Assessing your local partner (Company registration number, Business licence/Certificate of incorporation/Resolution /Power of attorney) 3. Good faith/Apparent/Actual authority 4. Cultural Rites typical to your country? 5. Governing law requirements (Requirements varying depending on contracts, culture acceptance of foreign governing law by local partner, etc.)
A. Contracts Validity and Entering Into Contracts 6. Arbitration vs court proceeding (foreign or local) -Common arbitration commission used -Venue -Recognition of foreign judgment/arbitration award (NY Convention signatory) -Time of legal proceedings and enforcement -Costs and languages 7. Language (Local language requirement/Prevailing version, etc.) 8. Validity of a Letter of Intent (Binding?)
B. Foreign Investments and Cross-border Contracts 1. Restrictions for foreign investors (industries/sectors) 2. Repatriation of Profits 3. M&A transaction (labour law issues) 4. Anti-Monopoly regime 5. Corruption?
C. Contracts Related to Intellectual Property 1. Process of trademark registration (color, duration of protection, timeframe for application, etc.) 2. Process of patent registration 3. Madrid Convention, Classification of Nice, PCT (signatories) 4. Trademark and/or patent licensing (registration requirements, etc) 5. IP enforcement : myth or reality
Questions? Fore more information about Primerus and today s panelists, please visit www.primerus.com
