Macau updates

Arbitration & ADR

New Arbitration Law eradicates dual system
Rato, Ling, Lei & Cortés Advogados
  • Macau
  • 30 January 2020

The new Arbitration Bill was approved in general terms by the Legislative Assembly in 2018 and voted into law in November 2019. Once the New Arbitration Law enters into force in May 2020, Macau's dual arbitration system will cease to exist. This legislative cohesion is likely to encourage foreign investors and partners to choose Macau as their jurisdiction for disputes and strengthen its arbitration credentials internationally.

Government drafts new arbitration bill
  • Macau
  • 12 July 2018

Owing to Macau's current arbitration regime and the difficulties that it poses, foreign investors and partners typically choose other jurisdictions to resolve disputes. Therefore, the government has drafted a new arbitration bill which aims to promote Macau as a commercial arbitration centre between China and Portuguese-speaking countries and take full advantage of Macau's high number of bilingual professionals and its cultural and legal similarities to Portuguese-speaking countries.


Corporate & Commercial

Is 2019 novel coronavirus case of force majeure under Macau law?
Rato, Ling, Lei & Cortés Advogados
  • Macau
  • 02 March 2020

Although Macau has largely been spared the human toll of the 2019 novel coronavirus, the region's economy will suffer greatly in the short term. The unpredictable nature of the outbreak and the important human and economic costs deriving therefrom have led to inevitable questions, such as what kind of legal consequences can this virus entail? Further, if the severe economic downturn affects the fulfilment of contracts, could this be a case of force majeure, and could contracts be rescinded on this basis?


Private Client & Offshore Services

Contributed by Rato, Ling, Lei & Cortés Advogados
Is 2019 novel coronavirus case of force majeure under Macau law?
  • Macau
  • 27 February 2020

Although Macau has largely been spared the human toll of the 2019 novel coronavirus, the region's economy will suffer greatly in the short term. The unpredictable nature of the outbreak and the important human and economic costs deriving therefrom have led to inevitable questions, such as what kind of legal consequences can this virus entail? Further, if the severe economic downturn affects the fulfilment of contracts, could this be a case of force majeure, and could contracts be rescinded on this basis?

Macau responds to regulatory trends with new Cybersecurity Law
  • Macau
  • 20 February 2020

In June 2019 the Legislative Assembly of the Macau Special Administrative Region (SAR) enacted the Cybersecurity Law. Prior to this, no legislation covered cybersecurity issues in the Macau SAR. As such, this new law reflects the region's efforts to respond to the latest regulatory trends regarding privacy and security and establish a legal regime for such matters. The main purpose of the law is to protect the networks, systems and data of critical infrastructure operators of the Macau SAR.

New Arbitration Law eradicates dual system
  • Macau
  • 23 January 2020

The new Arbitration Bill was approved in general terms by the Legislative Assembly in 2018 and voted into law in November 2019. Once the New Arbitration Law enters into force in May 2020, Macau's dual arbitration system will cease to exist. This legislative cohesion is likely to encourage foreign investors and partners to choose Macau as their jurisdiction for disputes and strengthen its arbitration credentials internationally.

Gaming and economic diversification: is Macau merely a gaming tourist region?
  • Macau
  • 16 January 2020

Economic diversification cannot be achieved overnight; nonetheless, the government regularly promotes it in public announcements. However, can Macau really have a diversified economy, given its existing dependence on gaming? Arguably, in order to diversify its economy, Macau must establish clear rules and enforced compliance in this sector.

Fiscal consequences of offshore regime revocation
  • Macau
  • 11 July 2019

Macau's offshore regime will be revoked on 1 January 2021. While the main reason for establishing an offshore company is to take advantage of an offshore regime, primarily for tax benefits, in light of this impending revocation, such advantages will soon be inapplicable to offshore companies established in Macau.


Shipping & Transport

New legal regime regulating taxi services
  • Macau
  • 28 November 2018

A new draft law proposes to reformulate the legal framework regulating Macau's taxi services. According to public opinion, taxi services are neither fulfilling customers' needs nor responding to the high demand caused by increased tourism. As the existing legal regime governing this sector has been in force for more than 18 years, reforms are long overdue. However, the new draft law has failed to satisfy public expectations as it provides no space for the use of app-based ride-hailing services.


Tech, Data, Telecoms & Media

Macau responds to regulatory trends with new Cybersecurity Law
Rato, Ling, Lei & Cortés Advogados
  • Macau
  • 21 February 2020

In June 2019 the Legislative Assembly of the Macau Special Administrative Region (SAR) enacted the Cybersecurity Law. Prior to this, no legislation covered cybersecurity issues in the Macau SAR. As such, this new law reflects the region's efforts to respond to the latest regulatory trends regarding privacy and security and establish a legal regime for such matters. The main purpose of the law is to protect the networks, systems and data of critical infrastructure operators of the Macau SAR.