On December 20th 2017, Mr. LIU Xiangwen (Kevin), partner of Zhong Lun Law Firm was invited to the 2017 Wolters Kluwer Corporate Counsel Conference & Forum of Compliance and Risk Control, and gave a speech on the issues of dispute resolution and risk control of Chinese enterprises’ cross-border investment.
The Conference was hosted by Wolters Kluwer and Beijing Corporate Legal Consultant Association, and was seventh conference of Wolters Kluwer’s series.
Certain officials of SASAC, legal directors of some large companies, and senior lawyers were invited as guests to discuss and share their experiences on construction of compliance system, amendment to the Anti-Unfair Competition Law, legal practices in anti-trust, dispute resolution and risk control of cross-border investment, and some other hot concerns. Given that, over 200 corporate counsels from different companies were attracted and attended the conference.
Mr. LIU Xiangwen (Kevin) delivered a speech titled as “Dispute Resolution and Risk Control of Chinese Enterprises’ Cross-Border Investment”, specially focusing on the significant problems of disputes and risks that Chinese enterprises are confronted with when they are “going out”. Based on the enlightenment of recent cross-border investment cases, like CITIC Pacific’s acquisition program with Sino Iron ,and his own practices in solving such disputes, Mr. LIU provided some constructive advice on the prevention and control of risks to the attendees.
Mr. LIU Xiangwen (Kevin) started the speech with the trend, geographical and industrial distribution of cross-border investment of Chinese enterprises in recent years, and pointed out that the risks in different regions or industries are different. Combined with typical cases, Mr. Liu delivered a wonderful explanation about the usual risks, such as economic risks, political risks and etc. Mr. LIU emphasized that Chinese enterprises should take further risks prevention and control measures in their cross-border investment activities, particularly in making the full use of legal team, conducting thorough due diligence, designing prevention and control measures according to the characteristics of host countries, and attaching more importance on dispute resolution problem starting in the pre-transaction stage by choosing the applicable law and dispute resolution mechanism prudently. For those dedicating long-term cross-border investment activities, a comprehensive and systematic long-term risk prevention and post- transaction resources integration mechanism should be established to ensure the reclaiming of investment revenue and retaining of commercial resources.
As to the most concerned issue of cross-border investment dispute resolution, Mr. LIU delivered detailed introductions about the international investment dispute settlement mechanism for cross-border investment, international commercial arbitration, investment protection treaties and agreements, and the recognition and enforcement of foreign court judgments in China, from the perspectives of relevant treaties, the provisions of domestic law and the professional practices of cross-border dispute resolution. He pointed out that under the background of the Belt and Road Initiative, a large number of Chinese enterprises have already “Gone Out” and approached different regions and industries of the world. With the signing of the "Convention on Choice of Court Agreements" and the launching of the "Rules on Investment Arbitration" of CIETAC, the dispute resolution and remedial system related to cross-border investment has been further improved, and the legal environment for cross-border investment of Chinese enterprises will be constantly improved.
中伦律师事务所合规/政府监管业务领域拥有22名合伙人（境内17名，境外5名）以及超过100名专业人士，他们由具备广泛国际视野及深厚本土经验的专家律师组成，其中包括前任检察官、前任法官、主要监管部门（公安、工商、发改委、海关、质检、外汇管理、环保、税务、反垄断等）前任官员以及同时具备中国与外国律师资格的专业人士和境内外大型跨国企业前任合规官等。中伦合规团队能够全方位提供契合客户需求的各类合规法律服务，先后处理过众多在国内外有重大影响的合规项目。中伦是在该业务领域内领先的中国律师事务所，被“商法（China Business Law Journal）”、“中国法律商务（China Law & Practice）”、“亚洲法律概况（Asialaw Profiles）”等多家权威独立评级机构评选为2016年度合规/政府监管业务领域的顶级律师事务所。
Zhong Lun Law Firm has an outstanding team of lawyers in the compliance and regulatory practice field, including 22 partners (17 in domestic offices and 5 in cross-border offices) and over 100 professionals consisting of former prosecutors, former judges, former government officials (including public security, Administration of Industry and Commerce (AIC), National Development and Reform Commission (NDRC), customs, Quality supervision and Inspection and Quarantine，State Administration of Foreign Exchange (SAFE), environmental protection, tax, anti-trust, etc.), as well as attorneys, admitted in China and other jurisdictions, and former compliance officers of major Chinese and international corporations. By providing comprehensive services, which are tailored to clients’ needs, and by handling numerous high-profile cases initiated by both domestic and foreign authorities, Zhong Lun has established its position as a pioneer in this practice area. Zhong Lun was awarded as the top law firm of the year (on compliance/regulatory practice) in 2016 by independent ranking agencies including China Business Law Journal, China Law & Practice, Asialaw Profiles, etc.