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Over a year into the global pandemic, businesses have had to pivot to survive and adjust to new ways of conducting business. Now, more than ever, Asia Pacific business leaders are making the necessary strategic changes to meet the needs of a vastly changed business landscape — and deciding where legal expertise may be needed most to limit and manage disruption and soften risks. This report will delve into how businesses view rising protectionism, regulatory scrutiny and foreign investment restrictions, and how these views are directly impacting their supply chain strategies.

Continuing our series of video chats on the Future of Disputes in Asia Pacific, we take a look at C&I trends and developments across the region. Mini vandePol, head of the Firm’s Asia Pacific Compliance & Investigations Group, and Georgie Farrant, head of Australia’s Dispute Resolution team, talk about global C&I trends that impact clients operating in Asia Pacific such as ESG, economic sanctions, anti-bribery/corruption developments and compliance programs.

Government Regulation No. 40 of 2021 on the Organization of Special Economic Zones was issued as one of the implementing regulations of Law No. 11 of 2020 on Job Creation. GR-40 is consistent with the changes set out by Article 150 of the Omnibus Law on the amendment of the SEZ Law. The only differences concern the added scope of business lines provided under GR-40. In particular, GR 40 sets out more comprehensive provisions than the general provisions stipulated in the Omnibus Law and offers more facilities in SEZ.

Government Regulation No. 28 of 2021 on Organization of Industry Sector is consistent with the changes set out by Article 44 of Law No. 11 of 2020 on Job Creation. The implementing regulation mainly establishes a new regime of licensing and a new legal framework for future incentives related to the procurement of raw and supporting materials.

In the first episode, Nandakumar Ponniya, chair of the Asia Pacific Dispute Resolution Group, Cynthia Tang, head of the Hong Kong Dispute Resolution team, and Yoshiaki Muto, head of Tokyo’s Dispute Resolution team, discuss developments in commercial litigation around four key areas: (1) technology, (2) mediation, (3) international commercial courts, and (4) class actions in Asia Pacific.

The issuance of Law No. 11 of 2020 on Job Creation (commonly known as the “Omnibus Law”) and its implementing regulations, in particular Government Regulation No. 46 of 2021 on Postal, Telecommunication and Broadcasting (“Regulation 46”) and Presidential Regulation No. 10 of 2021 on Capital Investment Business Fields (commonly known as the “Priority List”), proposes significant regulatory changes to the technology and telecommunication sectors. With the various liberalization and investment incentives offered, the government expects to boost growth in these sectors, both encouraging local players as well as attracting foreign investors. 

On the other hand, the government also wants to be more involved and to have more monitoring authority in the technology and telecommunication sectors, where services can be provided and offerings can be made seamlessly from offshore to Indonesia without any actual presence in Indonesia.

Scrutiny by tax authorities can only be expected to intensify because of the pandemic’s impacts on the global economy and tax revenues. As companies themselves recover and reassess their affairs post-pandemic, timely resolution of tax disputes is ever-critical. To help you understand tax dispute resolution options available by jurisdiction, the…