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The emergence of Asia as an economic powerhouse is driving enormous interest in doing business in the region. This subject provides students with an opportunity to examine commercial law in an Asian context. Although parallels can be drawn between Asian jurisdictions in terms of their economic and legal development, their commercial law systems are too diverse to be treated uniformly. Instead, the principal objective of this course is to provide an understanding of the various legal and practical issues involved in doing business in Asia.
This subject will focus primarily on commercial law in China with comparative reference to other jurisdictions, such as Australia and Singapore. Indonesia and Japan may also be examined for relevant topics such as business entities and corporate governance. Major topics to be covered include civil law tradition in Asia, business organisations, foreign investments, private equity and venture capital, FinTech, dispute resolution and international commercial arbitration. The subject will be of interest to those interested in doing business in Asia.
Principal topics include:
- Civil Law tradition in Asia
- Business entities
- Corporate governance
- Foreign investments
- Venture capital and private equity investments
- Dispute Resolution and International Commercial Arbitration
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the theoretical and practical challenges to the study of Asian legal systems from the perspective of commercial law, including recent trends in this area
- Be able to critically examine, analyse, interpret and assess the effectiveness of specific aspects of Asian commercial laws, such as corporate law and foreign investments, in their respective contexts
- Be an engaged participant in debate regarding the effectiveness of courts and international commercial arbitration in specific Asian jurisdictions from the perspective of resolving commercial disputes
- Have an advanced understanding of how economic, cultural and political factors can affect the functioning of commercial law in key Asian jurisdictions, especially in the context of foreign investment and international trade
- Have a detailed understanding of specific case studies which demonstrate various legal issues encountered when contracting or undertaking commercial transactions in Asia
- Have the cognitive and technical skills to generate critical and creative ideas relating to Asian commercial law and to critically evaluate specific proposals in this area of law and practice
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging issues in Asian commercial law
- Have the communication skills to clearly articulate and convey complex information regarding specific issues in Asian commercial law to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of Asian commercial laws
- Be able to apply the fundamental legal concepts and principles confidently to various business transactions in China.
Last updated: 2 December 2019