Category: China Legal News and Analysis

DOJ Deal with Huawei CFO Highlights Tensions Between the Rule of Law and Geopolitical Realities

US Officials Decry China’s Use of Points of Leverage as “Geostrategic Weapons” But China Claims US Employs “Rule of Law” as Front for Transparent Bullying Tactics

Why foreign shareholders should understand the corporate veil in China?

The corporate veil or the corporate personality is a legal term used to describe the separation of the corporate entity from the shareholder for the purpose of litigation. Usually, the court renders the shareholder personally liable for the debts, negligence, or mismanagement of the business, and […]

The Meng/Michaels Conflict and Beyond … Band Aids or Proactive Solutions for Trade Conflicts?

Introduction The protracted saga of the US Justice Department’s extradition request concerning Meng Wanzhou, Huawei’s CFO, is well known.[i]  This matter by far exceeds the scope of a normal fraud case – which it formally is, albeit within the framework of US sanctions – and has […]

Why good corporate governance is so important in China?

A major challenge for investors is maintaining proper governance of their Chinese foreign entity to generate a profitable business. Whilst there are significant improvements in the business environment, including regulatory reforms to streamline administrative procedures, investors, especially those residing abroad, face challenges in establishing the proper […]

In conversation with Horizons Corporate Advisory Regional Partner Roberto GILARDINO

Robert Gilardino is Regional Partner with Horizons Corporate Advisory, based in Shanghai.  In this interview with Asia Law Portal, Dr. Gilardino explains what makes Horizons unique, the unique challenges he faces in an increasingly competitive legal market, how his previous government experience is leveraged to help […]

A new era in Chinese legislation: paving stronger stance in national sovereignty and interests

Deng Xiaoping initiated the Reform and Opening Up policy and opened the door to the world in 1978. As a result, China’s GDP rose from 367.9 billion yuan in 1978 to 15.45 trillion yuan in 2020 and lifted China from a third-world country to becoming a […]

Does the Meng Wanzhou case involve an abuse of process?

Should Ms. Meng Wanzhou be extradited from Canada to the US? The Canadian court overseeing her case and Canada’s Minister of Justice are responsible for determining this. If an abuse of process by either the requesting or requested state was committed during the extradition proceedings, it […]

Analysis of Legal Issues Involved in the Meng Wanzhou Case

Basic facts of the case On December 1, 2018, Canada arrested Ms. Meng Wanzhou, Huawei’s Chief Financial Officer, in Vancouver at the request of the US. On December 11, 2018, the Supreme Court of British Columbia in Canada ruled on and approved Ms. Meng’s bail application. […]

Do Meng Wanzhou’s acts constitute fraud?

After arresting Ms. Meng Wanzhou at the request of the US, Canada still had to decide whether to extradite her to the US. The core question for consideration behind this decision is: During the meeting with the HSBC executive in 2013, did Ms. Meng misrepresent the […]

The Bill of Attainder Clause in the U.S. Constitution: Origin, Evolution, and Reflection — From Huawei v. U.S.

Since 2018, the United States has leveraged state power and resorted to “legal means” to suppress Chinese company Huawei Technologies Co., Ltd. (hereinafter referred to as “Huawei“), a leading player in high-tech sectors such as 5G. In the legislative branch, the U.S. Congress passed The National […]

Learning From the Huawei CFO Meng Wanzhou Case: What Chinese and Other Non-U.S. Companies and Executives Should Do to Limit Exposure to Criminal Liability in the U.S.

This is the fourth and final installment in this series White collar criminal law experts who regularly represent or advise Chinese companies all agree that the arrest of Huawei CFO Meng Wanzhou was a “wake-up call” for all Chinese companies with global operations.  Compliance management is […]

Chance Bridge Partners welcome Robert Lewis as Senior International Consultant and enter strategic alliance with docQbot

We are pleased to announce that Chance Bridge Partners, Alliott Global Alliance (“AGA”) law firm member in Beijing has appointed Robert Lewis as Senior International Consultant. This comes as Chance Bridge also enters into a strategic cooperation agreement with docQbot, the legal technology platform co-founded by […]

The Defense of Huawei CFO Meng Wanzhou: How the Principles of the Rule of Law Extend Fundamental Protections to Non-U.S. Companies and Executives Subject to Extraterritorial Jurisdiction

This is the third in a series When Meng Wanzhou was arrested in Vancouver in December 2018, it attracted global attention.  Due to the aggressive assertion of extraterritorial jurisdiction by U.S. prosecutors, Ms. Meng found herself under house arrest in Canada fighting extradition to the U.S. […]

The Case Against Huawei CFO Meng Wanzhou: An Assessment of the Complex Matrix of Extraterritorial Jurisdiction, International Extradition and Global Diplomatic Relations

This is the second in a series Meng Wanzhou, CFO of Huawei and daughter of Huawei founder Ren Zhengfei, is currently in her third year under house arrest in Vancouver, British Columbia, Canada, fighting extradition to the U.S. to face charges of bank fraud relating to […]

Tracing the Origins of the Case Against Huawei CFO Meng Wanzhou: How Global Banks Extend the Reach of U.S. Extraterritorial Jurisdiction, Directly and Indirectly Impacting the Global Expansion of Chinese Companies

This is first in a series On December 1, 2018, then U.S. President Donald Trump was heading to a private dinner with Chinese President Xi Jinping at the G20 summit in Buenos Aires.  At the same moment, Canadian officials, acting at the request of the U.S. Justice […]

Ning Zhu appointed to Asia Pacific Regional Committee of Alliott Global Alliance

Ning Zhu, Managing Partner of highly regarded law firm Chance Bridge Partners in China has been appointed to the Asia Pacific Regional Advisory Committee of Alliott Global Alliance, one of the world’s largest international alliances of independent law and accounting firms. Ms. Zhu joins other senior […]

Chance Bridge Partners Becomes Alliott Group’s First Law Firm Member in China

Alliott Group, the world’s sixth largest multidisciplinary alliance of professional services firms, has expanded its reach to China’s legal market. The appointment of Top 25 law firm Chance Bridge Partners in Beijing continues the alliance’s recent growth in the Asia Pacific (APAC) region which has included […]

Implications of the New China Foreign Investment Law

A discussion of the new China Foreign Investment Law and the creation of an Expert Committee to produce template documents for in-house counsel. By Robert Lewis of docQbot, with an introduction by Patrick Dransfield of the In-House Community.

Lawyers and Accountants from Across APAC Region Gather in Shanghai to Discuss Growth and Collaboration

Lawyers and accountants from 11 countries were represented at Alliott Group’s APAC Regional Conference in Shanghai from 17-18 June 2019 The annual APAC Regional Conference for Alliott Group, an international alliance of 160 independent law and accounting firms in 65 countries, took place at the Mandarin […]

Asia and Europe are now each other’s leading trade partners

Asia and Europe are now each other’s leading trade partners, with $1.5 trillion in merchandise trade , overtaking their respective trade relationships with the United States, according to a study produced at the initiative of the European Union, as the World Economic Forum (WEF) reported.  As […]

Fast-Growing International Alliance of Law and Accounting Firms to Host Regional Conference in Shanghai

Themed ‘Together Towards Tomorrow’, Alliott Group’s APAC Regional Conference takes place from 17-18 June in Shanghai and will bring together senior and managing partners from some of the Asia Pacific region’s leading local law and accounting firms. Over two days, leaders from Alliott Group’s independent member […]

Does your Ethics Line comply with the PRC Cyber-Security Law?

If your company employs in China, your ethics line should also be hosted and managed locally. Deloitte Legal 勤理recently launched a China based ethics hotline, helping our clients in China to uphold a culture of ethics and integrity as well as best practices in risk management, […]

Top 12 aspects to implement for an Effective Whistle-blower Hotline

A whistle-blower hotline is often a key component of an effective corporate compliance and ethics program. Research reveals that internal employee hotlines facilitate the detection of unethical or unlawful conduct, as tips are the most common detection method for suspected wrongdoing in companies with or without […]

An interview with HFW’s Shanghai office head Nicholas Poynder on China’s hyper-competitive legal market and the firm’s goals for Asia

International law firm HFW maintains one of the most significant Asia-Pacific presences for a foreign-headquartered firm – with a total of 7 offices in the region.  And not long ago, the firm launched a transactional practice in Shanghai.  In this Q&A interview with Asia Law Portal, […]

Latest Employment Trends in Mainland China: More Foreigners May Need to Pay Individual Income Tax in China?

2018 was an eventful year for reform in Chinese employment law, as it seeks to open its labour market to foreigners and residents from Hong Kong, Macau and Taiwan. Some of the changes have significant ramifications to foreign enterprises operating in Mainland China. This article shall […]

Shanghai – A City Guide for Lawyers and Legal Professionals

Shanghai, China’s largest and most populated city is also its largest commercial and financial hub. Also known as as the New York of the east, this dynamic and cosmopolitan city is a bustling hive of activity. The city has had phenomenal growth and development in past […]

China floating solar panels

Energy Security and Climate Change in East Asia-Trilateral Cooperation towards a Sustainable Future

China, Japan and South Korea are undergoing rapid and comprehensive transformations in developing the intelligent and sustainable use of energy and other natural resources. These changes are driven by new strategies towards energy security and climate change mitigation. Given that future China-Japan-South Korea energy cooperation will […]

Beijing skyline

China announces plans to further liberalize its’ legal market

China Daily reports today that China “will further open up its services sector by expanding a pilot program for innovative development of trade in services.”  The decision was taken yesterday at an executive meeting of China’s State Council, chaired by Premier Li Keqiang. As a result […]

Mark schroeder

Big4 vs BigLaw in Asia: What makes Deloitte Legal unique?

Competition in legal services in Asia is acute.  Among the competitive pressures traditional law firms face in Asia is the drive by Big4 accounting firms to gain legal market share.  In this Q&A interview, Asia Law Portal asks Mark Schroeder, Senior Legal Consultant with 勤理 China […]

Ms. Kathy Gong, Chairwomen

Legal Startup ai.Law set to deploy “an army of robotic lawyers” in China

Beijing-based legal startup ai.Law was established on China’s Youth Day, May 4, 2016.  To date — the new company has completed its angel round of investment.  Ms. Kathy Gong Xiaosi, the Founder & CEO of ai.Law, is a serial entrepreneur who was also once China’s youngest […]

China poised to assume trans-Pacific trade leadership role

US Congressional leaders announced yesterday that they would not now consider ratifying the Trans-Pacific Partnership treaty (TPP), effectively ending the accord.  The agreement, negotiated over a 7-year period between economies in Asia (not including China), Latin America, the United States and Canada — and which encompasses […]

CONSULEGIS conference: “Doing Business in Asia”, set for Shanghai Oct 20-23, 2016

International law firms network Consulegis will host their next autumn conference in Shanghai, China from October 20th -23rd 2016.  The main topic of the CONSULEGIS conference is “Doing Business in Asia”.  What better place to host the next conference than China’s fastest growing city? The meetings, […]

Los edificios se planifican para que tengan un númer

Beijing set to power Asian infrastructure deals

“The Asian Infrastructure Investment Bank (AIIB), the first multilateral financial institution launched by China…open[ed] for business on Jan. 16, as the Asia Times reported. The AIIB’s mandate will be to fund [infrastructure] development both inside and outside of Asia.  “From 2010 to 2020, Asian countries will […]

Law professional

Facilitating China-Canada cross-border investment: A Q&A with Stephen D. Wortley of McMillan

Think Asia, Thing Hong Kong, a conference focused on facilitating trade and investment with China via Hong Kong, took place in Toronto June 8.  Key among the participants was Stephen D. Wortley, Chair, Hong Kong Office and Co-Chair, China Practice Group at McMillan LLP.  In conjunction […]

China’s Second Free Trade Zone to Open Next Week

China’s Second Free Trade Zone will Open Next Week.  Below is the text of an interview with Paul Kossof, an Associate at the Beijing office of TransAsia Lawyers, about this new development. John Grimley: There has been substantial interest from foreign investors and companies in Shanghai’s free […]

Laboratory

China’s manufacturing sector at a crossroads

Chris Devonshire-Ellis, Founder of Dezan Shira & Associates, a pan-Asia-Pacific accounting and management consulting firm serving foreign companies operating or seeking to operate within the region — convened an informal conversation over dinner in Hong Kong last week to discuss business trends in the region impacting […]

China’s legal market in 2014: An overview

A recent book by this author entitled:  A Comprehensive Guide to the Asia-Pacific Legal Markets – provides in-depth analysis of the prime legal markets in the Asia-Pacific region.  Among the most important of course, is China.  Here are some of the highlights of that analysis: AS […]

A hip pic with city in the background

“Dynamic forces” seen changing China’s legal market

“Dynamic forces” changing China’s legal market are one highlight of a new book by this author which provides “A Comprehensive Guide to the Asia-Pacific Legal Markets“.  Integral to the the book was the participation of the regions lawyers and legal services sector professionals — who provide […]

Anshun bridge

Western China’s Financial Centers: Regulations Affecting Foreign Law Firms and Clients

Western China will experience a substantial influx of foreign investment as manufacturers gradually move inland away from the relatively developed and expensive east coast. Foreign goods and services are soon to follow, as Western China’s financial centers such as Chongqing and Chengdu experience increased demand for […]