How to Conduct a Successful Tender for Legal Services in Asian Markets
Tenders for legal services are not standard purchases of commodities or routine services. Legal work requires specific knowledge that varies dramatically across individual Asian jurisdictions. Simply put: a lawyer with excellent knowledge of the Hong Kong legal system (common law) may not be the ideal partner for resolving issues in Indonesia or Vietnam (civil law). Each country has its own rules, ethical standards, and procedural methods.
Key takeaways
Why tendering for legal services in Asia differs from the domestic market
The second fundamental difference is that the relationship with a law firm is based on trust and confidentiality, governed fundamentally by the principles of a mandate contract under Act No. 89/2012 Coll., the Czech Civil Code. Unlike a classic tender where you select a supplier for a one-off transaction, legal services require long-term cooperation and a deep understanding of your business. Our attorneys in Prague at ARROWS regularly manage legal service tenders for their international clients and know exactly what to focus on.
They understand the specific challenges posed by the Asian legal market and are familiar with the most common mistakes made by contracting authorities.
Securing legal services in Asia – strategies and risks
When companies decide how to secure legal services in Asia, they have several possible approaches. The most common are direct cooperation with a local firm, utilizing an international network with a local presence, or a combination of both under the guidance of a domestic lead counsel. View our service where we implement these strategies. Each strategy has its own advantages and risks.
Tenders in the Asian legal space must reflect processes that vary by country, as government authorities in Singapore or China have different transparency requirements than the private sector. The legal framework in each country determines which documents tendering firms must submit and what criteria they must meet. The experience of our Czech legal team at ARROWS shows that companies often fail to pay sufficient attention to local regulations.
A crucial factor is the regulatory restrictions regarding who is actually permitted to provide legal services. For example, in Indonesia, full legal services and court representation can only be provided by advocates licensed under Indonesian law. In India, the presence of foreign legal firms is regulated and subject to specific rules. Our Prague-based attorneys have practical experience with these limitations and will ensure the selection of a firm that is authorized to fully represent you.
Tender preparation phase – plan as early as possible
Preparing a tender for legal services begins long before you issue a Request for Proposal (RFP). First, you must define the Scope of Work. This is not always simple, as legal needs vary across different Asian countries. For instance, in China, you will need lawyers who are familiar with both local regulations and foreign exchange restrictions for the repatriation of profits.
The second step is to define the budget and timeframe, as legal services in Asia can be expensive, particularly in financial hubs. It is not just about the hourly rates of the lawyers. In Hong Kong or Singapore, the rates of senior partners are comparable to those in London or New York, while in Vietnam or Thailand, rates may be nominally lower. However, you must realize that a lower rate does not necessarily mean a lower total cost.
The third element of preparation is jurisdictional analysis. If you are working in only one country, the situation is simpler. However, if you need support in multiple countries, you must choose a firm that has a network or cooperates with proven local lawyers (so-called "best friends" networks). Our attorneys in Prague at ARROWS work daily with multiple Asian jurisdictions and understand the specific challenges of coordinating legal advice in the region.
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Risks and Sanctions |
How ARROWS helps (consultation@arws.cz) |
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Selecting an unsuitable legal partner: Doing business in a new legal environment without expert guidance leads to wasted time, incorrect legal decisions, and unnecessary costs. |
RFP preparation and bid evaluation: Our Prague-based attorneys will help you structure the legal services tender to verify candidates' capabilities and select a partner that meets your needs. |
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Misunderstanding the scope of services: In Asia, it is not always clear what the hourly rate includes and what must be paid as out-of-pocket expenses (cash expenses). |
Preparation of detailed specifications: ARROWS law firm in Prague will help you draft the terms of cooperation (Engagement Letter) that clearly define the scope of performance. |
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Ignorance of local legal restrictions: Foreign lawyers cannot represent clients before courts in many countries – and this is not always obvious at first glance. |
Consultancy and sourcing: Our Czech legal team knows the regulatory restrictions (Bar rules) in individual countries and will assist in selecting a partner who meets all licensing requirements. |
Criteria for selecting a legal partner in Asia
Once you have prepared the tender, you must clearly define the evaluation criteria. This is particularly crucial in Asia, as the legal culture and perception of client service can differ from European standards.
Evaluation should be based on references and rankings, while our Czech legal team at ARROWS law firm routinely verifies documents to determine the team's actual experience. If you need assistance with M&A in Singapore, choose a firm with proven experience in transactions within that specific sector. A good tender must include reference verification – you should contact former clients or rely on independent assessments.
The second criterion is local knowledge and relationships. The law firm should have a deep understanding not only of the laws but also of the application practice of local authorities. In some Asian countries, knowledge of unwritten rules and administrative procedures is key to the speed of case resolution.
Given the time difference, it is crucial that the law firm has a clear communication plan; therefore, you should arrange contact persons and response times in advance. Our Prague-based attorneys at ARROWS have extensive experience in coordinating work across time zones and acting as an efficient intermediary.
The fourth criterion is price and fee structure. Rates vary greatly across Asia. Some firms prefer hourly rates, others fixed fees for specific tasks, or a combination with capped fees. Recently, success fees have appeared in litigation, but be cautious – this model is restricted in certain Asian jurisdictions. In the Czech Republic, this model is ethically regulated by the resolution on the Code of Ethics.
ARROWS law firm maintains professional liability insurance up to CZK 400,000,000, providing clients with a high degree of security. Pay attention to whether and to what extent a law firm is insured for professional negligence, as limits vary significantly across Asia.
Structure of a Request for Proposal (RFP) for legal services
The RFP is the central document of any tender. In international business, it should be drafted in English.
An ideal RFP includes:
- Introduction and context: A description of your business and the reason for seeking a legal partner. Specification of the countries involved in the project.
- Scope of Work: Be specific (e.g., "We require legal due diligence of a target company in Vietnam").
- Evaluation criteria: How you will select the partner (weight of price, experience, team).
- Proposal requirements: Team structure (Partner, Associate, Junior), CVs of key lawyers, hourly rates, and an estimate of total costs.
- Contractual and commercial terms: Payment terms, invoice maturity, billing currency, and dispute resolution.
- Procedural information: Deadline for submission, contact person, and selection timeline.
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Risks and Sanctions |
How ARROWS helps (consultation@arws.cz) |
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Unclear specifications lead to disputes: If the scope of work is not clear, problems with "extra work" and budget overruns will occur. |
RFP Creation and Review: Our attorneys in Prague will help you structure the RFP so that the assignment is unambiguous. |
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Risk of violating local rules: In some cases (public tenders), specific rules for selecting suppliers apply. |
Compliance: Ensuring that the selection process complies with the client's internal guidelines and any local Czech or international requirements. |
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Incorrect evaluation of bids: Without a clear methodology, comparing bids (e.g., fixed fee vs. hourly rate) is difficult. |
Process Management: ARROWS law firm can act as a professional guarantor of the selection process. |
Evaluating bids – what to focus on
When evaluating bids, focus not only on the final price but on Value for Money.
- Understanding the assignment: The proposal should not be just a copied template. It must respond to your specific challenges.
- Team composition: Who will actually do the work? Often a partner ("rainmaker") sells the service, but juniors perform the work. Demand to know the team composition and who your "Key Contact" is.
- Conflict of Interest (Conflict Check): This is a critical point. The law firm must confirm it does not represent the opposing party or an entity with conflicting interests. In Asia, where business circles are often interconnected, a thorough conflict check is essential.
- Price in context: The cheapest offer can be a trap (e.g., low rate but high number of hours). Compare total budget estimates and request guarantees (caps).
Contractual arrangements – what to agree on before starting
Cooperation should be backed by a legal services agreement (Engagement Letter) or a framework agreement, which must comply with local regulations governing the legal profession, such as Act No. 85/1996 Coll., on the Legal Profession in the Czech Republic.
Key points of the contract:
- Description of Services: Definition of what is and is not included in the scope of service (in-scope vs. out-of-scope).
- Remuneration and Costs: Clear billing rules, charging of out-of-pocket expenses (travel, couriers, court fees), and VAT/local taxes (e.g., GST/VAT).
- Service Standards: Expected response times and the format of deliverables.
- Confidentiality and Data Protection: Non-disclosure agreement (NDA) commitment and compliance with data protection regulations; in Asia, this includes, for example, the PDPA in Singapore or relevant laws in China.
- Liability: Limitation of the attorney's liability (usually up to the amount of insurance coverage or a multiple of the fee) – exercise caution here.
- Governing Law and Dispute Resolution: Where will you litigate against your own lawyer if they make a mistake? Arbitration in a neutral venue or courts in the client's jurisdiction is ideal if the other party accepts.
Coordination with Local Lawyers – Best Practices
The most important factor is unified management (Legal Project Management). If you have multiple lawyers in different countries, designate one "Lead Counsel" (e.g., ARROWS) to unify instructions and review outputs. This ensures that legal documentation remains consistent across the region.
Documentation and archiving are also crucial. All advice and opinions should be in writing. In Asia, it is important to ensure that final outputs are in a language you understand (English), including translations of local contracts.
Special Issues – Working Across Multiple Jurisdictions
In projects involving multiple countries (e.g., China, Vietnam, Singapore), you encounter different legal systems (Common Law vs. Civil Law). Our attorneys in Prague at ARROWS ensure that the legal structure of the holding or transaction works as a whole and that no collisions occur (e.g., tax issues or liability of statutory bodies).
Risks in Choosing a Legal Partner – Common Pitfalls
- Language Barrier: A lawyer claims to be proficient in English but writes contracts in "Czenglish" or "Chinglish." Review by a native speaker or an international lawyer is necessary.
- Hidden Costs: Billing for every started quarter-hour, copying, or phone calls. Demand "all-in" rates or a clear price list of expenses.
- Conflict of Interest: A local firm may have ties to government officials or your competitors that you are unaware of.
Conclusion
Choosing the right legal partner in Asia is a strategic decision. The right partner will help you navigate the complex legal environment and avoid sanctions. Our Czech legal team at ARROWS deals with these processes daily and utilizes the ARROWS International network. They know how to structure a tender and how to ensure a legal partner meets your expectations.
We have experience serving hundreds of corporate clients and maintain high-level professional liability insurance. If your business is considering entering Asian markets and you are seeking consultancy, ARROWS law firm in Prague will provide you with expert guidance.
For a consultation, do not hesitate to contact us at consultation@arws.cz.
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About the author
Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.