Tag: China foreign direct investment

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. […]

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 […]

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 […]

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Business expansion in Asia via Hong Kong the focus of June events in Toronto and Chicago

Introduction The Hong Kong Trade Development Council (HKTDC) will stage its large-scale promotion, “Think Asia, Think Hong Kong” in Toronto, Canada, and Chicago, the United States in June 2015. What is “Think Asia, Think Hong Kong” all about and how does it benefit companies in Hong […]

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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 […]

Hong Kong legal market at epicenter of booming investment into China

Foreign Direct Investment (FDI) into China will double over the next six years, according to a new report from international law firm King & Wood Mallesons (KWM) (@kwmlaw).  As the report outlines, foreign direct investment in China will reach 1.3 Trillion GBP by 2020.  And as […]

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 […]