Peng WU (Partner)
Tel:86-10-59572288
Fax:86-10-65681022/1838
Office:Beijing
Law School:
Practice Area:FDI, International Trade
Print       Vcard       Email

Peng Wu (Partner)
Tel:86-10-59572288
Fax:86-10-65681022/1838

Office:Beijing
Law School: Kyushu University, Peking University

Practice Areas:Foreign Investment, M&A, International Trade,anti-monopoly and foreign-related commercial litigation and arbitration

PROFESSIONAL QUALIFICATIONS
China National Bar

WORKING LANGUAGE
Chinese; Japanese; English

EDUCATION
1980-1984, LL.B, Peking University
1982-1989, LL.B & LL.M, and attended law doctorate class in Graduate School of Kyushu University in Japan

Working Experience
1989-1993, Lectured on comparative study on Sino-Japan laws (including the company law of both countries) in Seinan Gakuin University; engaged by a reputable law firm in Japan.
1993.12-1995.8, Partner, Beijing Times Law Firm, experienced in foreign investment, M&A, international trade (including anti-dumping) and dispute resolution, commercial litigation and arbitration.
1995.8-present , Partner, Zhong Lun Law Firm, experienced in foreign investment, M&A, international trade (including anti-dumping) and dispute resolution, commercial litigation and arbitration.

SOCIAL ACTIVITIES
Member of All China Lawyers Association
Member of Beijing Lawyers Association
Arbitrator of China International Economic and Trade Arbitration Commission
Independent director of a fund management company
Independent director of a listed company

Representative Cases
Since he began to practice law in 1993, Mr. Wu, a fluent speaker of Japanese, has provided legal counseling for dozens of well-known transnational companies. His expertise covers foreign investment, international trade, international financing, international investment, anti-dumping, intellectual property, labor affairs, litigation and arbitration. Mr. Wu has maintained a long-term relationship with famous transnational companies such as Panasonic and SANYO, Sony Corporation, Sony (China) Limited, Daikin Industries, Ltd., Suzuki Motor Corporation, Canon Inc., Mitsui &Co., Ltd., Mitsubishi Electric Corporation, Kume Sekkei Co., Ltd., Sumitomo Corporation, Toshiba Tec Corporation, Mazda Motor Corporation, Sojitz Corporation, Taisei Corporation, Sharp Corporation, NTT Data Corporation.

Representative Cases

Since he began to practice law in 1993, Mr. Wu, a fluent speaker of Japanese, has provided legal counseling for dozens of well-known transnational companies. His expertise covers foreign investment, international trade, international financing, international investment, anti-dumping, intellectual property, labor affairs, litigation and arbitration. Mr. Wu has maintained a long-term relationship with famous transnational companies such as Panasonic and SANYO, Sony Corporation, Sony (China) Limited, Daikin Industries, Ltd., Suzuki Motor Corporation, Canon Inc., Mitsui &Co., Ltd., Mitsubishi Electric Corporation, Kume Sekkei Co., Ltd., Sumitomo Corporation, Toshiba Tec Corporation, Mazda Motor Corporation, Sojitz Corporation, Taisei Corporation, Sharp Corporation, NTT Data Corporation.

Main selected transactions are as follows:
1. The operation of foreign invested enterprises?
Acted as perennial legal counsel for a number of transnational companies and providing a full range of legal services, including making analyses on investment environment in China, participating in negotiations about establishment of equity joint ventures and cooperative joint ventures;
Drafting, preparing and reviewing feasibility study reports, joint venture contracts, articles of association of WFOEs;
Providing a full range of legal services for establishment of enterprises, branches or representative offices of enterprises, including proposal approval, approval for articles of association, industrial and commercial registration, tax registration, foreign exchange registration;?
Rendering legal opinions on timing, feasibility and benefits for the dissolution during the period of validity, dissolution at the expiry and bankruptcy;?
Participating in the whole process of liquidation and bankruptcy to protect interests of clients and supervise the lawfulness of the process thereof;

2. Special legal affairs of enterprises:?
Intellectual property
——Drafting, reviewing and preparing technology transfer contracts, technology license contracts, trademarks license contracts, publication license contracts;
——Assisting enterprises in the settlement of disputes over infringement of trademark, patent, copyright, trade secret;.?
International investment and M&A
——Assisting enterprises in the submission of bids for large and medium-sized construction projects such as BOT and international engineering contracts, and drafting, reviewing and preparing all kinds of contracts required by the project such as loan facilities agreements, concession agreements, operation agreements and insurance agreements;
——Rendering legal opinions and feasibility analysis on consolidation, merger, assets reorganization and transfer of property ownership to reduce transaction costs and risks, conducting due diligence investigations on the target subject and its affiliates, drafting legal documents in connection with merger, participating in negotiations and supervising the performance and completion of transaction contracts.?
Anti-monopoly
——Rendering legal opinions on possible abuse of dominant market positions by enterprises;
——Assisting clients in completing declaration of business concentration;
——Representing in civil and administrative lawsuits regarding anti-monopoly/competition law;
——Providing timely updates on anti-monopoly legislation and legal analysis thereof.
Mr. Wu has advised on more than ten cases of filing for concentration of undertakings in China by multinational companies in their overseas acquisitions since he began to practice law. For example, Zhong Lun Law Firm’s antitrust and competition team, led by senior partner Wu Peng, has advised both Panasonic and Sanyo on all aspects of the MOFCOM merger control review process.
Labor affairs
——Drafting, reviewing and preparing labor contracts, collective labor contracts and bylaws of enterprises;
——Providing counseling for enterprises in social insurance, salaries and benefits, staff arrangement for special positions, disputes among staffs;
——Assisting enterprises in the coordination of relationship with labor administrative department and labor union.

3. General legal affairs of enterprises:
Dealing with various contract issues occurring during the daily business operations of clients, including drafting, reviewing and preparing third-party processing contracts, sales agency contracts, transportation safekeeping contracts, contract for international purchases and sales of goods, association contract and assisting clients in recovering credits;?
Assisting shareholders’ meeting and board of directors in making decisions, drafting and reviewing their resolutions;
Translating all kinds of legal documents precisely for clients.

4. Anti-dumping investigation and responding to action
Mr. Wu acted as a Chinese law expert on behalf of Korean enterprises to participate in the first anti-dumping case in China---anti-dumping investigations towards newsprint paper. Thereafter, Mr. Wu advised many Japanese enterprises on some influential anti-dumping investigations towards stainless steel, PVC and phenol.

5. Safeguard investigation
In August 2001, Mr. Wu acted as a Chinese law expert on behalf of Japanese steel enterprises to respond to the first safeguard investigation towards some steel products in China. The Chinese government made a final arbitration award in November 2002.

6. Arbitration and litigation concerning foreign interests
Mr. Wu has advised on dozens of arbitration and litigation cases concerning trade, share disputes, product quality and liability. Some influential cases are as follows:
Advising Sumitomo Corporation on payment dispute with CANGZHOU CHEMICAL CO.,LTD EQUIPMENT IMP.& EXP.CORP. in an arbitration case;
Advising Sumitomo Corporation on a dispute about contracts for purchase and sales of goods with Shandong Foreign Trade Corporation Limited in an arbitration case;
Advised Marubeni Hong Kong Limited in an arbitration in connection with telephone equipment contracts with China National Instruments Import & Export Corp;
Advising Daikin Central Air-conditioning(Huizhou)Co., Ltd. on a dispute;
Transfer of marketing resources with Shenzhen SUNS Investment Co., Ltd. in an arbitration case;
Advising Chlorine Engineers Corp, Ltd. on a contract dispute with Cangzhou Chemical Co., Ltd. with the entrustment of Mitsui & Co., Ltd in an arbitration case;
Advising Sony Corporation on a dispute about TV advertisement;
Advising Sony Corporation on a dispute about the quality of digital cameras;
Advising Sony Corporation on a dispute about infringement of trade secret by its senior management..

Disclaimer    |    Privacy    |    BLOG