Negotiating and documenting cross-border deals requires excellent drafting skills, knowledge of different legal systems, the ability to navigate those legal systems and the nuances of different cultures. Each country throughout Asia is unique, with its own work culture, approaches to hierarchy, verbal and non-verbal communication style and approach to business, all of which are quite different from Australia.

This subject focuses specifically on the knowledge and skill required to negotiate and draft effective commercial contracts throughout Asia. You will hone, through practice, your negotiation and drafting skills, and also learn about the specific commercial and non-commercial considerations that are likely to arise when dealing with parties from various countries, and how to best manage those issues so that you can deliver the practical solutions that your client seeks.

TOPICS

• Cross-border legal practice and contract categories through Asia
• Contract negotiation skills and managing risks
• Structuring commercial contracts
• Advanced issues in contract formation throughout Asia
• Advanced issues in contract interpretation
• Advanced issues in contract termination
• Dispute resolution throughout Asia

Now, more than ever, it is critical for lawyers to be skilled in cross-border transactions. Not only do you need good technical skills for advising on how to structure transactions and draft documents, but working across the Asia or internationally will involve navigating legal systems and cultures.

Cross-border M&A is a practical, skills-based subject that helps prepares lawyers working across the ASEAN region. You will learn the foundational skills required for M&A work, and how these skills are applied and adapted in different contexts and cultures.

TOPICS

• M&A planning
• Managing due diligence
• Drafting sale and purchase agreements
• Acquiring sales and assets
• Private equity in Asia
• Competition considerations in M&A

Finance is the lifeblood of business however, there are vast differences across Asia in banking penetration and the sophistication of the equity and debt markets. Choosing the right financing option for your client requires a deep understanding of their commercial needs, risk appetite and the banking and financial markets in which they seek funding.

This subject provides the knowledge required to give such advice by looking at the different finance options and how they operate in different markets, while also using case studies to help you develop your advisory skills through drafting exercises.

TOPICS

• Banking and finance practice through ASEAN + 6
• Lending and securities
• Loan and security documents
• Financial instruments in international trade
• Islamic finance
• Project financing
• Fintech

The Regional Comprehensive Economic Partnership (RCEP) of the 10 ASEAN countries plus 6 free-trade partners (ASEAN+6) seeks to promote free trade amongst its member countries and a desire to cooperate, including the establishment of regional intellectual property platforms and infrastructure. However, IP is not harmonised, and not all IP rights which may be protected and enforced in Australia have the same success levels for protection and enforcement. As more and more global and regional organisations base their operations, or part of their operations, in Asia, the correct domicile, protection and enforcement of important intellectual property rights becomes a key consideration for business.

This subject provides an overview of the various IP rights, the relevant protections in ASEAN countries, and then takes a deep dive into a number of key areas of IP and dispute resolution. Throughout, you will be presented with case studies and asked to prepare advice for your client or partner.

TOPICS

• Intellectual property frameworks throughout ASEAN+6 region
• Advanced issues in copyright
• Advanced issues in trade marks
• Advanced issues in industrial design
• Advanced issues in geographical indications
• Advanced issues in patents
• Protection of intellectual property rights, enforcement and disputes

Alternative dispute resolution is in increasing demand as parties seek different avenues to resolve their disputes. It is important in an international context to help resolve cross-border disputes. In particular, the development of trade and investment in Asia has resulted in the increase of international commercial transactions. In many parts of the region, rapid development has meant increased caseloads for already overburdened courts, further leading to slow adjudication of commercial disputes. As a result, alternative dispute resolution (ADR) mechanisms, including arbitration, have become more crucial for businesses operating in Asia.

The effectiveness of any ADR method depends on the national legal system to which it is subject. Jurisdictions in the Asia-Pacific region (such as Singapore and Hong Kong) have been at the forefront in developing their legal frameworks in recent years to become neutral dispute resolution forums that are international in scope yet responsive to diverse users and cultures.

This practice-based subject focuses on the key knowledge and skills required to participate in international arbitration and other alternative dispute resolution processes in Asian countries.

TOPICS

• Framework for international arbitration and dispute resolution in Asia
• International arbitration and key arbitral institutions in Asia
• Impact of the ASEAN Economic Community Blueprint on international dispute resolution practice
• Drafting arbitration agreements
• Jurisdiction of Arbitral Tribunal and Role of National Courts in Asian jurisdictions
• Arbitral proceedings – procedure and evidence
• Arbitral awards – content, form, enforcement and challenge
• Other dispute resolution processes in Asia

There has been a growing trend for regionalism and regional trading blocs, and the entering in of regional trade agreements. What is known as the ‘ASEAN+6 region’, or the Regional Comprehensive Economic Partnership (RCEP), is a result of this regional approach to trade and open markets. These agreements provide opportunities for Australian businesses to enter new markets, and vice versa, and are important facilitators of cross-border activity and economic prosperity.

This subject looks at investment treaties, such as the now defunct Trans Pacific Partnership and its successor, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). It also considers the role of global trade organisations, foreign direct investment and dispute resolution in international trade and investment.

TOPICS

• Trade and investment frameworks through ASEAN+6
• Carriage of goods
• Investment treaties
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
• International trade negotiations
• Cross-border and commercial issues with international sale of goods
• International dispute resolution

Capital markets in Asia are diverse, characterised by differing levels of structural maturity, complex regulatory frameworks and vastly different risk profiles and investment activities. Capital Markets in Asia are deep and bountiful and are one of the unique differentiating features of the economy in the region. Asia’s capital market has grown quite steadily since the Asian financial crisis of 1997, and significant capital market reforms have been undertaken, particularly in the ASEAN+6 grouping of countries.

This subject aims to advance on your knowledge towards specialised and integrated understandings about capital markets practice in Asia. It will also discuss the latest insights and analysis on capital markets development, as well as trends and opportunities in a broad range of topics. In particular, the subject focuses on the current state of capital markets in Asia and assesses how the region compares to the other parts of the world.

TOPICS

• Capital markets framework in Asia
• Capital markets areas, and role of lawyers and other key players
• Securities offerings and offering restrictions
• Listings
• Offering documents and securities legends
• Funds Trading and transfer of securities
• Regulation of capital markets, and tax and capital controls

This practice-based LLM subject advances on students’ knowledge towards specialised and integrated understandings about advanced cross-border mergers and acquisitions.

TOPICS

• private equity
• competition law and public M&A
• case studies of M&A deals
• M&A study by industries
• drafting practices (share sale agreement, asset sale agreement and term sheet)
• valuation analysis, and
• disputes and conflicts.

Arbitration is a process chosen by parties to get a final and binding decision for their dispute. An arbitrator is responsible for resolving the dispute by making decisions on all disputed issues and recording the decision in a document known as an arbitral award.

This subject focuses on writing effective arbitral awards in the context of international commercial arbitration.

This subject will look at:

• The various types and purposes of an arbitral award
• The legal, procedural and substantive requirements of an award
• The structure and form of an arbitral award
• Publication of the award
• Practical and linguistic considerations in writing an award
• Identifying the issues for determination
• Arbitral reasoning & decision-making
• Assessing different forms of evidence/Applying the requisite burden & standard proof
• A practical approach to award writing and ensuring a valid award
• Common issues & challenges in awards other than final awards