China Business Law Journal - September 2022


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China Business Law Journal – September 2022

Volume 13, Issue 8

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Highlights:

Success begins at home

Today, businesses are working to provide engaging and more personalised products in local markets to unlock growth momentum. To better assist the process, we are excited to present the China Business Law Awards (Regional) 2022 as our cover story, mapping out top legal service providers across some of the country’s most dynamic economic zones.

After two decades of development, national law firms have transformed from generalised market capture  pivotal on Beijing, Shanghai, Guangzhou and Shenzhen  to regional market penetration, with a wider spread of offices providing diversified services through integration of resources across the country. In the meantime, local law firms have formed large and solid local networks to survive, and the boundaries of their services are widening.

The awards identify the leading law firms in each region, and each regional category is divided into “Branch office” and “Home-grown” law firms. To determine the winners, we focused carefully at each law firm’s outstanding transactions, cases and other notable achievements in the past year, and also took into account the nominations and recommendations from in-house counsel, management decision-makers, government officials and academics to judge each firm’s performance on a multi-dimensional basis.

Local intelligence also plays a key role in paving the way for China’s Belt and Road Initiative. In our annual outbound investment report, Trade route revival, we explore how territorial experts in Central Asia, the Middle East and North Africa are aiding China’s investment activities, especially in critical, capital-starved sectors such as infrastructure, energy, resources and construction.

On an even bigger scale, Surviving the deluge asks legal specialists from different jurisdictions how clients can draw on experience from damage control practices around the globe as we face one of the most difficult periods since the 2008 Global Financial Crisis.

There is good news back in Hong Kong as the city reopens its borders to the world and travel is back on the menu for local professionals. Mariel Dimsey, recently appointed secretary-general of the Hong Kong International Arbitration Centre, tells us in Moving on up about her new role and plans to enhance the city’s reputation as a leading dispute resolution hub.

For Chinese companies that have developed into multinational operations, anti-bribery, anti-fraud and export control compliance become problematic if not dealt with carefully. In Building compliance culture, Du Jin, general counsel and assistant president at Shenzhen-listed Hytera Communications, shares practical experience and tips by revealing how he helped his company establish an effective compliance system.

In this issue

Building compliance culture

Du Jin, general counsel and assistant president at Shenzhen-listed Hytera Communications, offers some insights

Settling disputes arising from guarantee system

The guarantee system takes the realisation of creditors’ rights as the basic aim of legislation

Joint tortfeasance: Penetrating layers of nested legal relationships

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm
bill recourse bona fide holder

Defining ‘bona fide holder’ in commercial factoring, bill recourse

By Zhao Dongxu, Leaqual Law Firm
Establishing a charity in Hong Kong Part III, Diane Fan

Establishing a charity in Hong Kong (Part III)

By Diane Fan, LC Lawyers
Enforcement of foreign-related civil, commercial judgments: Part III

Enforcement of foreign-related civil, commercial judgments: Part III

By Zhang Yang and Liu Fang, Tiantai Law Firm
best rights defence measuresvideo

TM case shows how to choose best rights defence measures

By Amy Min, Sanyou Intellectual Property Agency
official letter penalty basis

Can official letter serve as basis for imposing penalty?

By Xie Yang, Zhilin Law Firm 
legal experts damage control practice

Surviving the deluge

George W Russell asks legal experts how clients can draw on experience from damage control practice around the globe

timing implementing IP strategy

Timing is everything when implementing IP strategy

By Frank Liu, Shanghai Pacific Legal
safe harbour system brand price control

Impact of ‘safe harbour’ system on brand price control

By Zhou Le, Tiantai Law Firm

Addressing the inequities of equal equity

By Wang Feng and Yang Jingni, DOCVIT Law Firm 
以亚开行为例谈国际金融机构制裁之

ADB case shows how to prevent and respond to IFI sanctions

By Wang Jihong and Xu Yibai, Zhong Lun Law Firm
Judicial support Nansha Plan

Judicial support for GBA’s Nansha Plan

By Jeffrey Quan, ETR Law Firm
Equity family trusts due diligencevideo

Why equity family trusts require proper due diligence

By Ouyang Fangfei and Zhou Lu, Merits & Tree Law Offices

China Business Law Journal – September 2022

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