POTENTIAL CHANGE OF CHINA’S FOREIGN INVESTMENT LAWS AND ITS EFFECT ON VIE STRUCTURES
Posted on Wed, 05 Aug 2015 16:49:47 GMT by Zhong Lun
On 19 January 2015, the Chinese Ministry of Commerce (MOFCOM) announced the Foreign Investment Law of the People’s Republic of China (Draft for Public Opinions) (the Draft for Public Opinions), publicly seeking input from society at large. Any interested party may put forth opinions and recommendations on the draft prior to 17 February 2015. As soon as this law (the Foreign Investment Law) is passed, it will combine the former three foreign investment laws into one and bring the case-by-case approval and management model for foreign investment to an end, and China will enter a new era of “limited approvals with full-scale reporting” for the regulation of foreign investment. That is to say, foreign investors making investments in items on the negative list will need to apply for an investment entry approval; at the same time, foreign investors making investments in Chinese territory will all need to fulfill reporting obligations, regardless of whether the investment is in an area on the negative list.
Interpretation of New Anti-monopoly Provisions in the Field of Intellectual Property Rights: a Corporate Compliance Perspective
Posted on Tue, 19 May 2015 16:30:08 GMT by Zhong Lun
[Abstract] As the first legal document specially making provisions on anti-monopoly issues in the field of intellectual property rights, the Provisions of the SAIC are of great significance. For various reasons, the Provisions have a narrow scope of application and are yet to be improved in respect of operability and predictability. Enterprises shall not understand and apply the Provisions in an isolated manner, but grasp provisions of relevant laws comprehensively and accurately with systematic thinking mode to ensure compliance in respect of anti-monopoly in the field of intellectual property rights.
Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation
Posted on Fri, 03 Apr 2015 17:26:47 GMT by Zhong Lun
The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.
Guangdong AIC Cracks Down on Abuse of Market Power
Posted on Wed, 25 Mar 2015 16:31:46 GMT by Zhong Lun
Last year the Guangdong Provincial Administration for Industry & Commerce (GDAIC) rendered a decision penalising Huizhou Daya Bay Yiyuan Water Purifying (Yiyuan) for abusing market dominance of bundling services. This is the first case of abuse closed by the GDAIC, and it has far-reaching implications on the enforcement of the Anti-monopoly Law (AML).
Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation
Posted on Fri, 20 Mar 2015 21:39:02 GMT by Zhong Lun
The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.
ICC and CIETAC Arbitration Practice Comparison — Case Study Note 1
Posted on Fri, 20 Mar 2015 21:37:13 GMT by Zhong Lun
One of the most important negotiated points by parties in contract negotiations is the dispute resolution clause. If parties agree on arbitration, they often negotiate which arbitration institution or arbitration rules will apply in resolving potential disputes.
Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation
Posted on Thu, 12 Feb 2015 14:48:07 GMT by Zhong Lun
The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes. This Article proposes to share the Author’s understanding on the subject including the necessity of having the Enforceability Convention and current legislations of countries including China on the enforceability of settlement agreements reached through conciliation (“Settlement Agreements”) as well as concerns and thoughts on how to build up the Enforceability Convention.
Change and Transformation
Posted on Wed, 03 Sep 2014 17:01:07 GMT by Zhong Lun
Huijun Ma and Jiong Zhang of Zhong Lun Law Firm explain the laws and challenges of real estate & construction in the PRC, the investment and financing methods for real estate projects and the progress of REIT rules
The challenges of private capital
Posted on Wed, 03 Sep 2014 16:54:56 GMT by Zhong Lun
Jihong Wang and Zejun Lin of Zhong Lun Law Offices analyse the legal challenges created by using private capital to invest in infrastructure development, both in China and by Chinese enterprises looking outbound
Slow progress
Posted on Sun, 31 Aug 2014 22:20:52 GMT by Zhong Lun
Kejun Guo and Chen Jia of Zhong Lun Law Firm look at the latest developments in capital markets, including the reforms to the share offering system
More antitrust probes in the pipeline
Posted on Tue, 18 Feb 2014 10:16:31 GMT by Zhong Lun
Antitrust authorities are expected to launch more investigations this year in dozens of industries after expanding their teams nationwide, insiders have said.
Reducing the Cost of Patent Litigation
Posted on Wed, 31 Oct 2012 13:32:22 GMT by Zhong Lun
The problem of excess discovery expense is felt as much in patent litigation as any area of the law. This state of affairs motivated the Federal Circuit Advisory Council to take action. With the leadership of Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit, a committee of distinguished jurists and attorneys was formed to address the problem of increasing discovery cost. Rader noted to the committee — and later in his speech introducing the committee’s work product — that his deep concern about the expense of patent litigation stemmed from input he had received, not only in the United States, but from respected voices abroad.
Merger Control Watch (16) MOFCOM Conditional Clearance on Wal-Mart – Yihaodian Merger
Posted on Fri, 17 Aug 2012 18:09:38 GMT by Zhong Lun
Merger Control Watch (16) MOFCOM Conditional Clearance on Wal-Mart – Yihaodian Merger
China Merger Control Watch (15) MOFCOM Conditional Clearance of United Technologies - Goodrich Merger
Posted on Tue, 19 Jun 2012 10:59:52 GMT by Zhong Lun
On Friday, 15 June 2012, the Ministry of Commerce of China (MOFCOM) conditionally cleared United Technologies (UTC)’s $16.5 billion acquisition of Goodrich, which is the 7th decision published in the last 8 months (A total of 15 merger review decisions were published since 2008). Attached please find a bilingual version of the UTC – Goodrich decision prepared by Zhong Lun antitrust and competition team for your reference.
MOFCOM ISSUES AMENDED MERGER NOTIFICATION FORM
Posted on Wed, 13 Jun 2012 10:40:17 GMT by Zhong Lun
MOFCOM has just published the amended Notification Form of Anti-Monopoly Review for Concentrations of Undertakings, which will take effect as of 7 July 2012. The new form will have a material implication for any upcoming merger notification which cannot be formally submitted before 7 July.
Merger Control Watch (14) MOFCOM Conditional Clearance on Google – Motorola Mobility Merger
Posted on Tue, 12 Jun 2012 10:22:03 GMT by Zhong Lun
On Saturday, 19 May 2012, the very last day of the permissible maximum period for merger control review under China’s Anti-monopoly Law (the “AML”), the Ministry of Commerce of the People’s Republic of China ("MOFCOM") conditionally cleared Google Inc. (“Google”)’s acquisition of Motorola Mobility Holdings, Inc. (“Motorola Mobility”) (the “Acquisition”).
China Anti-monopoly Law Enforcement Review 2012
Posted on Tue, 05 Jun 2012 17:33:09 GMT by Zhong Lun
The NDRC seems ready to take a stronger stance in its enforcement of price-related monopolistic conduct, particularly as demonstrated by NDRC’s unprecedented and uncompromising investigation against two major Chinese giant SOEs. Also, MOFCOM is becoming more and more sophisticated in reviewing merger cases as demonstrated in the four conditional approvals in 2011.The PRC antitrust legal regime is gradually maturing and PRC competition enforcement is entering a new stage. We are likely to see an increase in activities by the regulatory bodies in the implementation and enforcement of the AML and their respective rules in the near future. Active companies in China, particularly those with the leading market positions, must rise to more stringent compliance challenges and become well prepared for the potential scrutiny from the ‘young’ but ambitious PRC competition agencies.
Far-Reaching Impact of the First Judicial Interpretation on Antitrust Civil Litigations
Posted on Thu, 31 May 2012 11:14:55 GMT by Zhong Lun
Being the first interpretation on antitrust litigations issued by the Supreme People’s Court, the Judicial Interpretation lays the foundations of the antitrust litigation legal framework in China. The Judicial Interpretation provides guidance to the courts’ precise application of the Anti-Monopoly Law, the undertakings’ compliance and avoidance of the legal risks in their business operation, or consumers’ initiation of antitrust litigations. The Judicial Interpretation has relieved the burden of proof for the plaintiff of antitrust litigations while relatively increased the burden of proof for the defendant. This may change the landscape of the antitrust civil litigation in China.
Interpretation of the Foreign Investment Industrial Guidance Catalogue (2011)-- Energy Sector
Posted on Fri, 17 Feb 2012 15:48:58 GMT by Zhong Lun
MOFCOM Regulates Failure to File Business Concentrations
Posted on Thu, 02 Feb 2012 12:10:45 GMT by Zhong Lun
On December 30, 2011, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) officially issued Interim Measures on Failure of Filing for the Investigation of Concentration of Business Operators (“Interim Measures”), following six months of public comments on the Draft for the Interim Measures (“Draft for Comments”). The Interim Measures will come into effect on February 1, 2012.