International Law

Recent Posts

Forum Shopping in China: CIETAC vs. UNCITRAL
Posted on 9 Sep 2009 by Huang Tao & Dai Yue

Lacking knowledge of and exposure to Chinas judicial and arbitrational system, foreign companies usually worry about dispute resolution clauses more than any other clause in a contract. Deciding which arbitration tribunal and what arbitration rules to... Read More

Tags: China

SAFE Regulations Affecting Inbound and Outbound Payments in Cross-border M&A Transactions within the People’s Republic of China
Posted on 14 Jun 2011 by Cadwalader, Wickersham & Taft LLP

View Media Recently, the Chinese government tightened its policies on foreign exchange and taxes with respect to cross-border mergers and acquisitions ("M&A") transactions. Local government authorities with oversight over foreign... Read More

Entitlements Under China’s Social Security System Clarified
Posted on 1 Sep 2011 by Troutman Sanders

On June 30, 2011, Ministry of Human Resources and Social Security promulgated Several Provisions on the Implementation of the Social Security Law of the People's Republic of China 实施《中华人民共和国社会保险法》若干规定 (the "Provisions") which came into... Read More

National Security Review of Foreign M&A Deals Clarified
Posted on 1 Sep 2011 by Troutman Sanders

Since February 2011, all foreign mergers and acquisitions of domestic Chinese enterprises in certain sectors have been subject to national security reviews. These interim regulations will be replaced on September 1 by new and clarified regulations... Read More

China's Value-Added Tax Reform Factors Not to be Ignored
Posted on 12 Oct 2009 by Clare Lu and Catherine F. Chen

On November 10, 2008, the State Council promulgated the revised Tentative Regulations on Value-added Tax of the People's Republic of China (the Tentative Regulations) in advance of full-scale value-added tax (VAT) reform in Mainland China. Authors... Read More

Tags: China

CIETAC's Perspective: What Makes a Good Arbitrator?
Posted on 28 May 2010 by Yu Jianlong

Excerpt: The role of the arbitrator is a hot topic currently discussed in the international arbitration community. Is the arbitrator a private judge, a service provider, or both? This question in no doubt goes to the heart of international commercial... Read More

Chinese Regulatory Reform in Insurance and Banking
Posted on 27 Aug 2009 by Zhan Hao

New policy permits banks to be shareholders of insurance companies. Earlier this year, it became clearer that insurance companies may now invest in Chinese banks. In February, news from Chinese regulatory departments indicated banks would be allowed to... Read More

Tags: China

A Primer on Foreign Investments, Investment Structures & Special Development Zones in China
Posted on 29 Jun 2011 by Cadwalader, Wickersham & Taft LLP

View Media China's economic strength continues to attract a growing number of first-time China investors. This memorandum presents a general introduction to: investments by foreign investors in China; the various investment structures that... Read More

Foreign Nationals Must Participate in China’s Social Security System
Posted on 1 Sep 2011 by Troutman Sanders

The Interim Measures for the Participation in Social Security of Foreigners Employed in China (Draft for Comments) 在中国境内就 业的外国人参加社会保险暂行办法 ( 征求意 见稿 ), drafted by Ministry of Human Resources and Social Security were released to public for solicitation... Read More

Franchising in China
Posted on 22 Jan 2010 by Ella Cheong

Franchising in China started with KFC in 1987, by the end of 2006, there were about 200,000 franchise stores with over 3,000,000 jobs. Sales figures released in March 2007 reveal sales volume by franchising in China reached RMB102 billion (USD16 billion... Read More

Tags: China

Private Equity Funds in China and Pre-IPO Equity
Posted on 18 Aug 2009 by Wayne Chen & Patrick Chen

This analysis is a brief introduction to some of the issues that arise when overseas PE funds make pre-IPO equity investment in PRC companies. For example, pushing an invested company to be converted into a company limited by shares and listed in China's... Read More

Tags: China

Clifford Chance on China's Anti-Monopoly Law
Posted on 23 Nov 2010 by International & Foreign Law Community Staff

by Emma Davies, Ninette Dodoo and Jiajia Gao In just one year, China's new Anti-Monopoly Law (AML) has been scrutinised, analysed and criticised. In parallel, the fortunes of China's companies in international transactions have made headlines... Read More

New Laws In China Regarding “State Secrets” and Related Issues: Uncertainties, obstacles, and the need to strengthen internal compliance procedures
Posted on 9 Jun 2011 by Cadwalader, Wickersham & Taft LLP

View Media This memorandum presents an introduction to China's new state secrets law and other related laws with respect to trade secrets and bribery. This new law is significant, as it impacts the day-to-day operations of all foreign companies... Read More

Fulbright & Jaworski L.L.P. Launches Task Force To Address Problems Facing Chinese Companies With U.S.-Traded Securities
Posted on 27 Jun 2011 by Norton Rose Fulbright

By: Gerard G. Pecht , Jeffrey A. Blount , Stephen Mark Dollar , Peter Stokes and Mark Thomas Oakes Fulbright Briefing Chinese companies with securities traded in the United States are facing mounting scrutiny from U.S. regulators, plaintiff's... Read More

China Banking Regulatory Commission Opening the Door for Acquisition Financing
Posted on 21 Sep 2009 by Nelzon Zhou

The rapidly-developing Chinese economy attracts overseas private equity (PE) funds to invest in China. This analysis is a brief introduction to some of the issues that arise when overseas PE funds make pre-IPO equity investment in PRC companies. For example... Read More

Tags: China