Doing Business In China

Erscheinungsjahr 2009
ISBN: 978-1-57823-155-3
Verlag: Juris
FAQ zu Loseblattwerken (mit und ohne Fortsetzungsbezug)

Loseblattwerk, Englisch, 2700 Seiten

This extensive and comprehensive work is a thorough reference and guide to all major areas of business law and investment in the People’s Republic of China, and offers a wide-ranging analysis and commentary on Chinese business laws. Designed for those who are either planning to invest in China or who already have an established presence, Doing Business in China provides a detailed examination of all relevant legislation and practice in China that affects business and investment. It also closely examines key issues and potential pitfalls involved in all areas of business and investment.

For over twenty years Doing Business in China has been one of the premier sources of practical information and analysis on issues affecting foreign investment in China. This multivolume treatise captures the collective experiences and knowledge of prominent practitioners and business and legal experts with respect to the essential areas of PRC investment and commercial law. China’s development since the launch of economic reform has been fueled by a massive influx of foreign capital, technology and expertise. Foreign investment now affects China and its economy at various levels influencing State policy, nurturing industrial modernization, and providing new opportunities and services to the country’s enormous population.

Doing Business in China’s authors, through years of practice and scrutiny of the business, legal and regulatory environments, have learned to interpret the policy law conundrum that typically frustrates multinationals and to anticipate developments that might affect the way people do business in China. This treatise incorporates discussion of a broad range of important issues from institutional structures and investment policy, to business vehicles, specific practice areas, and dispute resolution options, to the various industry sectors relevant to foreign businesses and organizations active in China.

Editorial Advisory Board:

Prof. Jerome Alan Cohen—Professor of Law, New York University; Of Counsel, Paul Weiss; Fellow, Council on Foreign Relations, New York

Sally Harpole—Partner, Sally Harpole & Co., Hong Kong

Dr. Sabine Stricker-Kellerer—Freshfields Bruckhaus Deringer, Munich

Thomas E Jones—Partner, Allen & Overy, Beijing

Dr. Esther Naegeli—Partner, Naegeli Rechtsanwaelte, Zurich; Chairman, Swiss-China Chamber of Commerce

Tao Jingzhou—Partner, Jones Day LLP, Beijing

Prof. Wang Chenguang—Dean, Tsinghua University Law School, Beijing

Prof. Wang Guiguo—Dean, Law School of City University of Hong Kong

Prof. Zhang Yuqing—Former Director, Department of Treaty and Law, Ministry of Commerce, Beijing

Zang Yuejiao—Judge, WTO Appeals, Geneva

Autoren/Hrsg.

Moser, Michael J.

Fu, Yu General

Inhaltsverzeichnis

Introduction

- Stanley Lubman — Stanford University

Section I. Business and Regulatory Environment

1. State Organization

- James Feinerman - Georgetown University

2. Legal Institutions

2.1 Court System

- Susan Finder - Freshfields Bruckhaus Deringer

2.2 Procuracy

- Fu Hualing - University of Hong Kong

3. Legal Profession

- Randall Peerenboom - University of California at Los Angeles

4. Relevant Government Authorities

- Seung Chong - Freshfields Bruckhaus Deringer

5. Creation and Application of Law

- Peter Corne - Eversheds LLP

6. Key laws

6.1 Civil Law

- Edward Epstein and Will W. Shen - Salans

6.2 Contract Law

- Pitman B. Potter - University of British Columbia

6.3 Company Law

- Xianchu Zhang - University of Hong Kong

6.4 Criminal Law

- Fu Hualing - University of Hong Kong

6.5 Competition Law

- Martyn Huckerby, Liu Yang, and Jiajia Gao

7. Negotiating in China

- Edward R.J. Neunuebel - Denton Wilde Sapte

8. Preferential Zones

- David Ben Kay and Beth Bunnell - Denton Wilde Sapte

9. China and the World Trade Organization

- Donald C. Clarke - University of Washington School of Law

Section II. Forms of Investment and Business

A. Foreign Investment Vehicles

1. Representative Offices

- Sally Harpole - Sally Harpole & Co.

2. Joint Ventures

- Clark T. Randt - Shearman & Sterling

3. Wholly Foreign-Owned Enterprises

- Randall Peerenboom - University of California at Los Angeles and Shirley Xu - Yiwen Law Firm

4. FIE Holding Companies

- Martyn Huckerby, Liu Yang & Jiajia Gao - Clifford Chance

5. FIE Reconstructing

5.1 Private Equity Funds in China

- Yi Zhang and Alan Du

5.2 Mergers and Acquisitions Triggering Anti-Monopoly Filing and Review in PRC: Filing Practice and Tips

- David Livdahl, Jenny Sheng and Henry Li

B. Securities

6. H-Shares and Red Chips

- Antony Dapiran - Freshfields Bruckhaus Deringer

7. Asset Securitization

- Gao Peiji and Yang TieCheng - Clifford Chance

8. Mutual Funds

- James Walker and Mark Shipman - Clifford Chance

C. Financing

9. Debt Financing

- Warren Rothman and Lester Ross - Paul, Weiss, Rifkind, Wharton & Garrison

10. Taking Security

- Lucille Barale - Freshfields Bruckhaus Deringer

11. Project Finance

- Melissa Thomas and Tarrant Mahony - Freshfields Bruckhaus Deringer

12. Technology Transfer/Assistance

- Young Li - Allen & Overy

13. Aircraft Finance

- William Kai-kwong Ho - Baker & Mckenzie

D. Foreign Trade and Other Business Forms

14. General Introduction

- Jingzhou Tao - Jones Day

15. Processing and Countertrade

- Jingzhou Tao - Jones Day

16. Bonded Warehouses and Service Centers

- Vivienne Bath and Jessica L. Su - University of Sydney

Section III. Specific Fields and Topics of Law

1. Land

- Carl Cheng - Freshfields Bruckhaus Deringer

2. Foreign Exchange Control

- Thomas E. Jones - Allen & Overy

3. Tax Law

3.1 Taxation of Foreign Companies in China

- Sabine Stricker-Kellerer - Freshfields Bruckhaus Deringer

3.2 Taxation of Individuals

- Pitman B. Potter - University of British Columbia

3.3 Tax Treaties

- Norman Givant and James Dunlap - Freshfields Bruckhaus Deringer

4. Asset Valuation

- Keith Yan - American Appraisal Hong Kong Limited

5. Accounting

- Alden Leung - Ernst & Young

6. Labor Law

- Andreas Lauffs - Baker & McKenzie

7. Social Security and Welfare

- Anne Stevenson-Yang - Twin Poplars Ltd.

8. Environmental Law

- Lester Ross - Paul, Weiss, Rifkind, Wharton & Garrison

9. Insolvency, Liquidation and Dissolution of Enterprises

- Wong Kwai Huen - Simmons & Simmons and Andrew McGinty - Linklaters & Alliance

10. Intellectual Property

10.1. Intellectual Property Law

- Lauren Wen-Yu Young- Wang and Wang

10.2. Patents

- Chun M. Ng and Zhuang Yuan - Perkins Coie

10.3. Trademarks

- Yuemin Lu and Song Yue- China Patent Agent

10.4. Copyright

- Matthew Murphy - MMLC Group

10.5. Customs Protection of Intellectual Property Rights

- Joseph Simone - Baker & McKenzie

11. Product Liability

- Edward Epstein and Will W. Shen - Salans

12. Due Diligence

- Cole Capener and Tracy Wut - Baker & McKenzie

13. Anti-Trust Law

- Volker Pasternak - Freshfields Bruckhaus Deringer

14. China's Anti-Corruption Laws and the U.S. Foreign Corrupt Practices Act

- Richard M. Tollan and Kristy L. Balsanak- Mayer Brown

15. Director’s and Officer’s Liability

- Franklin Chu and Yingxi Fu - Kaye, Scholer, Fierman, Hays & Handler

Section IV. Dispute Resolution

1. Foreign Arbitration

- Michael J. Moser - O'Melveny & Myers

2. Domestic Arbitration

- Adam Kearney

3. Civil Litigation

- Susan Finder - Freshfields Bruckhaus Deringer

4. Enforcement of Arbitral Awards and Court Judgments

- Randall Peerenboom - University of California at Los Angeles

5. Chinese Investment Treaties: What Protection for Foreign Investment in China?

- Elodie Dulac

Section V. Industry Sector Reports

1. Power

- Mitchell Silk - Allen & Overy

2. Mining

- Michael Moser - O'Melveny & Myers

3. Upstream Oil and Gas in China

- David Blumental, Tju Liang Chua and Ashleigh Au - Vinson & Elkins, Shanghai

4. Highways

- David Platt, Jacqueline Cheng, Jack Young, Simon Meng and Jeremy Xiao - Linklaters & Alliance

5. Automobile Industry

- Stefanie Tetz and Li Wei - Clifford Chance Punder

6. Foreign Investment in Telecommunications Networks

- Jeanette K. Chan and Marcia Ellis - Paul, Weiss, Rifkind, Wharton & Garrison

7. Retail, Wholesale, Distribution and Trading

- T.K. Chang - Chang & Company LLC

8. Information Technology

- Volker Pasternak - Pansolutions LLC

9. Publishing

- Nicholas Driver - Clear Thinking Ltd.

10. Insurance

- Donald J. Lewis and Peter F. Rhodes - University of Hong Kong and Peter F. Rhodes - Denton Wilde Sapte

11. Commercial Sector in China

- Andrew Godwin and Fang Jian -Linklaters

12. Pharmaceuticals

- Roy Birnbaum and David Shen - Pharmacia & Upjohn Asia Ltd.

13. Chemicals

- Sheyenne Jin and Pingfan Wang - Dow Chemical

14. Real Estate and Property Management

- Florence Li - David Y.W. Ho & Co.

15. Advertising

- Mary L. Riley and Asa Jansson - CMS Bureau Francis Lefebvre

Index

Über Autor(innen)

Michael J. Moser has been advising foreign clients on doing business in the People's Republic of China since 1980. He has resided in Hong Kong and Beijing for more than 25 years. Mr. Moser is a former Partner with O'Melveny & Myers, Freshfields and Baker & McKenzie. His practice includes advising on direct investments, major projects, mergers and acquisitions, and international arbitration and other forms of dispute settlement. He frequently acts as arbitrator, mediator and counsel in business disputes between foreign parties and Chinese and other Asian parties.
Mr. Moser is a recognized authority in international arbitration and has acted as arbitrator or counsel in more than 150 cases. He is Chairman of the Hong Kong International Arbitration Centre (HKIAC), Co-Chair of the China Arbitration Forum and also serves as Vice President of the Asia Pacific Regional Arbitration Group (APRAG), a Court Member of the London Court of International Arbitration (LCIA) and a Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce. He is a former Vice Chair of the Arbitration Committee of the IBA. He is a Commission Member of CIETAC and a member of CIETAC's Expert Group and Panel of Arbitrators. He is also a member of a number of the world's leading international arbitration institutions. He was the first foreign national to be appointed as an arbitrator in China.

Mr. Moser is a graduate of the Harvard Law School and holds a Ph.D. from Columbia University.

Yu Fu is Counsel in O'Melveny's Hong Kong office and a member of the Transactions Department. A Chinese lawyer admitted to practice in both China and New York. He is a graduate of Sichuan University and holds an LLM degree from Columbia University