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A Guide to Renewable Energy in Southeast Asia

The Association of Southeast Asian Nations ("ASEAN") recognises the crucial role of energy in driving the region's growth. This has led to two key priorities: energy security and clean energy development. ASEAN aims for a 23% renewable energy ("RE") share by 2025 in the ASEAN Energy Mix (or TPES: Total Primary Energy Supply), with discussions underway for an even more ambitious target soon. Southeast Asia has abundant RE resources, but several hurdles remain, for instance infrastructure, the need for policy harmonisation, and community engagement. Each ASEAN country faces its own particular set of challenges and constraints in achieving its net zero emissions goal due to a myriad of factors including its stage of economic development, resources (financial and non-financial) and geographical constraints. As such, the policies and focus of each country in the deployment and development of RE may differ. In this Guide, we provide an overview of the RE landscape in the region and certain salient legal and regulatory issues affecting the development and deployment of RE in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

Philippine Supreme Court Refuses Confirmation of Domestic Arbitral Award on Public Policy Grounds

Philippine courts are generally allowed to vacate or set aside an arbitral award issued in a domestic arbitration or an international commercial arbitration seated in the Philippines if it has been clearly shown that the award suffers from any of the infirmities or grounds for vacating an award under:

  1. for arbitral awards issued in a domestic arbitration: Section 24 of Republic Act No. 876 or the Domestic Arbitration Law ("Domestic Arbitration Law"), Rule 34 of the UNCITRAL Model Law on International Commercial Arbitration ("Model Law"), or Rules 11.4 and 19.10 of A.M. No 07-11-08-SC or the Special Rules of Court on Alternative Dispute Resolution ("ADR Rules"); or
  2. for arbitral awards issued in international arbitrations seated in the Philippines: Rule 34 of the Model Law or Rules 12.4 and 19.10 of the ADR Rules.

 These grounds include if the recognition or enforcement of the arbitral award would be contrary to Philippine public policy. This rule is similar to Article V(2)(b) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), which allows a court to refuse the recognition or enforcement of a foreign arbitral award if doing so would be contrary to the public policy of the country where enforcement is sought.

 In a Decision published on 22 May 2023 in Maynilad Water Services Inc. v. National Water and Resources Board et al. (G.R. Nos. 181764, 187380, 207444, 208207, 210147, 213227, 219362, and 239938, December 7, 2021), the Philippine Supreme Court ("SC"), sitting en banc, refused to confirm a domestic arbitral award as its confirmation or recognition would violate Philippine public policy. The SC also confirmed that the ADR Rules superseded the provisions of the Domestic Arbitration Law on the reglementary period for filing petitions for confirmation of domestic arbitral awards.

Visit Arbitration Asia for insights from our thought leaders across Asia concerning arbitration and other alternative dispute resolution mechanisms, ranging from legal and case law developments to market updates and many more. 

Guide to the Real Estate Industry in Asia

A keen understanding of the nature of real estate and the legal and regulatory issues related to this asset class is critical to working out any real estate deal. In this third edition of Rajah & Tann Asia's "Guide to the Real Estate Industry in Asia", we share with you a brief overview of certain key insights to the real estate industry in Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. Topics covered include the legal framework, types of real estate, ownership and tenure, taxes and other important aspects for investors of real estate to note.

A key pillar of our strength is our Rajah & Tann Asia network with offices in Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam, as well as dedicated desks focusing on Japan and South Asia. With the most extensive legal network in Asia, our lawyers have a tight grasp of the local culture, business practices, and language not just within their own home countries, but in the other markets in which they frequently conduct cross-border deals as well. Our depth of transactional and regulatory experience allows us to advise clients strategically and creatively, from structuring to eventual execution and implementation of the transaction. It is important to seek specific legal advice in any corporate real estate matters, and our team would be pleased to discuss your specific objectives and requirements.