Publication
International arbitration report
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
M&A and competition law in Asia
Global | Publication | May 2022
Marc Waha and Nicolas Cassauba were recently invited as special guests on a three-part podcast for Conventus Law’s “Heart of the Matter” – A podcast focusing on legal developments from around the world.
Learn more about the episodes below:
Episode 1: M&A - Competition law transactional planning
This episode discusses the transactional planning process in M&A deals. Marc and Nicolas also discuss why competition lawyers are often involved early on as the term sheets are discussed, competition merger clearance and the impact on the transaction timetable. In addition, they discuss merger control requirements in the transaction documentation, conditions precedent unique to Asia jurisdictions and market practice on whether to retain separate counsel or to have one external counsel acting for both parties.
Episode 2: M&A – Seeking clearance from competition authorities
This episode discusses the process and challenges when seeking clearance from competition authorities on M&A deals. Marc and Nicolas explain the typical clearance process, discuss the logistical and practical aspects of preparing the materials, and nuances across Asia.
Episode 3: M&A Transactions – Dealing with substantive issues
This episode discusses dealing with any substantive issues that come up during an M&A transaction. Marc and Nicolas also explain what makes a transaction fail, typical issues that may come up leading to greater scrutiny, and how much influence politics plays in throughout the transaction.
Recent publications
Publication
ECJ confirms public tenders’ restrictions for companies from third countries with no procurement agreement with the EU
EU Member States may allow companies from countries that have not concluded an agreement guaranteeing equal and reciprocal access to public procurement (public procurement agreement) with the EU to participate in public tenders, provided there is no EU act excluding the relevant country.
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