International Business Law

France Expands List of Sectors Subject to Foreign Investments Screening

Effective January 1, 2022, and with the addition of sectors in which foreign investments are subject to prior authorization by the Minister of the Economy, France has taken another step in its ongoing expansion of foreign investment control. This initiative began in 2014, with the famous “Montebourg decree,” and has been further reinforced during the COVID-19 crisis.


Public Concession and Privatization Opportunities in Brazil

The government of Brazil is continuing to push forward its plan to privatize a number of state-owned and state-controlled assets and expand partnerships with private companies. With this in mind, Ally Law member firm Cascione Pulino Boulos Advogados (São Paulo and Rio de Janeiro, Brazil) has created a portfolio that highlights potential opportunities arising as


Tokyo High Court Delivers Key Ruling on Foreign-Subsidiary Funds Transfers

The Tokyo High Court recently revoked the original administrative disposition of the National Tax Agency (hereinafter, the Tax Agency) regarding the tax treatment by Kokusai Kogyo Kanri Co., Ltd., a Japanese company (formerly Kokusai Kogyo Co., Ltd.; hereinafter, Kokusai Kogyo), of funds received from its U.S. subsidiary. With respect to the funds of $644,000,000 (JPY


WHO Pushes towards Transparency of Prices of Health Products

On 28 May 2019, the World Health Organization announced a resolution encouraging Member States to “enhance public sharing of information on actual prices paid by governments and other buyers for health products, and greater transparency on pharmaceutical patents, clinical trial results and other determinants of pricing along the value chain from laboratory to patient.” The resolution also urged Member


A Milestone in Hong Kong-China Cross-Border Legal Cooperation

Hong Kong and China have taken a major step forward in legal collaboration, with a reciprocal deal to recognise and enforce judgments in certain types of cases. The historic move will bring clarity and reduce litigation costs. On 18 January 2019 in Beijing, Hong Kong’s Secretary for Justice, Teresa Cheng, and the Vice-President of the


Putting Malaysia’s Admiralty Laws to the Test

The recent release of the luxury superyacht, Equanimity, by the Indonesian government to Malaysia has raised issues concerning the billion-dollar vessel’s ownership and title. The yacht was also one of the assets that the US Department of Justice (DOJ) wanted seized in connection with multibillion-dollar kleptocracy suit filed by the DOJ in 2016. Malaysia’s Attorney


Non-California Counsel Participation in International Arbitrations in California

On 18 July 2018, California Governor Jerry Brown signed Senate Bill 766, which amends the California International Arbitration and Conciliation Act (Cal. Civ. Proc. Code § 1297.11 et seq.) to expressly allow out-of-state and non-US lawyers to represent and assist parties in international arbitration or related proceedings seated in California. Senate Bill 766 brings clarity


Opening a Representative Office in Thailand Just Got Easier

A “Representative Office” allows a foreign investor to evaluate potential market opportunities without the need to establish a subsidiary in Thailand. Thus, it provides an interesting vehicle for foreign investors who may be considering entering the Thai market. Thailand has recently made the set-up process of such an office more investor friendly. Previously, prior to


Regulatory Changes Make It Easier To Invest In India

India may be the world’s fastest growing economy in 2018 with growth expected to accelerate to 7.3% year, according to the World Bank’s Global Economic Prospects Report 2018. Significantly, India also improved its ranking in the World Bank’s Ease of Doing Business Index 2018. These developments can be attributed to the Government of India’s ongoing


Executing Your Judgment In China

This year the Intermediate People’s Court in Wuhan (IPCW) became the first court in the People’s Republic of China (China or PRC) to recognize a United States judgment. In combination with previous recent developments in the PRC this could have a significant effect on the way foreign judgments are treated by PRC courts, and make


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