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  • Partnerships between banks and business development companies are offering a financing solution for US firms. But the trend has caught regulators' attention
  • The US district court judge lost his battle against the SEC’s settlement policy, but he may have won the war. Here, a former SEC commissioner explains why
  • IFLR’s quick poll asks the market what the long-term global effects of Argentina's holdout creditor standoff - and subsequent default - could be
  • Firms are facing hurdles in the race to tap the retail investor market. Debevoise & Plimpton’s Erica Berthou, Jordan Murray and Evan Neu analyse the challenges
  • Oene Marseille Emir Nurmansyah Indonesia's House of Representatives has approved a draft government regulation on National Energy Policy (the Energy Draft), which sets out guidelines for the country's energy policy through to 2050. The passage of this long-term roadmap of Indonesia's energy policy is not without controversy and as of June 2014, the draft regulation has not been signed by the President. The Energy Draft 's target is for the nation's electricity capacity to more than double by 2025 to 115GW (as of end 2013, the installed capacity is 47GW). The capacity is envisioned to further increase to 430GW by 2050.
  • John Breslin Karole Cuddihy The Irish High Court decision in Ulster Bank Ireland Limited v Dermody (2014) has raised an evidential issue for financial institutions contemplating debt enforcement and possession proceedings. The issue is whether, in proceedings brought by a bank, evidence grounding the proceedings can be given by an officer or employee of a legal entity other than the bank. In a number of cases, the intended deponent will in fact be an employee of a related company (or in some cases an employee of an external service provider), even if they have carried out the day-to-day dealings with the customer. In Dermody, the person who swore the affidavits grounding the application for summary judgment was not an employee of Ulster Bank Ireland Limited (UBIL), but rather of Ulster Bank Limited (UBL), a related company which dealt with the debt collection process of UBIL on its behalf. UBIL was a wholly owned subsidiary of UBL.
  • Pedro Cortés Marta Mourão Teixeira The Legislative Assembly of Macau is debating the proposal of a law on the prevention and repression of corruption in the context of external trade. The UN Convention Against Corruption, adopted on October 31 2003 in New York and ratified by the People's Republic of China (PRC) on January 13 2006 establishes, in its 16th article, that each State Party should adopt legislative and other measures to discipline acts of corruption by foreign public officials and officials of public international organisations, whether undertaken actively or passively.
  • Kamraj Nayagam Adam Lee Malaysia's Construction Industry Payment and Adjudication Act 2012 (CIPAA) came into force on April 15 2014. The CIPAA is described as 'an Act to facilitate regular and timely payment, to provide a mechanism for speedy dispute resolution through adjudication, to provide remedies for the recovery of payment in the construction industry and to provide for connected and incidental matters'. The CIPAA applies to construction works carried out wholly or partly within the territory of Malaysia; it relates to any payment disputes and is not limited to interim payments. Section 35 of the CIPAA provides that 'any conditional payment provision in a construction contract in relation to payment under the construction contract is void'. There is a possibility that these provisions will impact contracts in other countries connected to Malaysia.
  • Nobuaki Ito The Anti-monopoly Act of Japan was promulgated on December 13 2013 and is expected to come into force within 18 months (the specific date to be determined by way of cabinet order). The Act will abolish administrative appeal procedures by the Japan Fair Trade Commission (JFTC) for certain JFTC orders. In addition, a supplementary provision of the amended act provides that the government will, within one year of the promulgation date, consider changes to investigation procedures to preserve the rights of potential interested parties and maintain consistency with other administrative procedures, and will take appropriate measures as necessary in accordance with the discussions. In response to this, an advisory panel was set up and one of the main points for consideration is whether attorney-client privilege should be introduced for anti-monopoly procedures in Japan. In Japan, there is no attorney-client privilege in criminal or administrative investigation procedures. However, some assert that this should be granted in respect of anti-monopoly investigation procedures because: (i) companies providing information which involve communications with their attorneys in response to report orders from the JFTC may possibly be waiving attorney-client privilege that, with respect to these communications, would otherwise be recognised in foreign jurisdictions; and, (ii) granting attorney-client privilege to an extent similar to common law jurisdictions will not unduly hinder JFTC investigations and the JFTC can seek and collect relevant non-protected materials.
  • Ecommerce in India is growing exponentially in several areas, including online travel services, retail, and other services such as taxis, education, hospitality, food and drink and even secretarial support. According to industry surveys, ecommerce could represent up to four percent of India's economy by 2020, compared to less than one percent now.