In this subject, students will learn the fundamentals of Asian commercial negotiations with particular reference to joint ventures between USA domiciled corporations and their SE Asian joint venture partners. The subject will cover choice of law and forum selection issues, the creation of onshore wholly owned subsidiaries including the tax treatment of such entities under double tax agreements, the use of special purpose vehicles, the mechanics of a typical joint venture agreement, the difference in cultural biases, mindsets, and choices that lawyers should take into account when advising joint venture clients, assessing the position of other commercial partners, and framing of economic and legal issues, negotiating a joint venture agreement in a cross-cultural context with special focus on the participating interest clause and dispute resolution with reference to the most common problems encountered in joint venture agreements.

Subject rules