Welcome to the May 2012 issue of White & Case LLP's Tokyo Disputes Practice Newsletter.
In this issue, we look at developments in China, Hong Kong and the US relating to:
(i) the introduction of two US federal bills which would serve to restrict the collection and use, by nongovernmental entities, of geolocation information which would require companies to review their policies regarding consumers' information;
(ii) the Hong Kong Court of Appeal decision overturning an order of a lower court to set aside an ICC arbitration award demonstrating the Hong Kong Courts' pro-enforcement stance in relation to international arbitration awards;
(iii) draft amendments to the rules in China for the compulsory licensing of patents which would broaden the existing compulsory licensing regime; and
(iv) a US court decision – United States v. Carson – which affirms the fact based approach rather than bright-line approach to defining the terms "foreign official" and "instrumentality" of the government under the Foreign Corrupt Practices Act (FCPA). While providing some guidance, this emerging consensus in favor of a fact-based approach which is less clear and predictable than the bright-line approach may result in considerable uncertainty for businesses.
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© 2012 White & Case LLP