November 2023 | PDF print issue archive | China Business Law Journal


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China Business Law Journal – November 2023

Volume 13, Issue 10

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Highlights:

Standing tall

It was a year of increased turbulence, the likeness of a whirlpool. Surging AI investment fuelled by ChatGPT’s soaring popularity, the US Federal Reserve interest rates hikes, and the escalating Palestinian-Israeli conflict reverberated through the global political and economic landscape. Yet, amid the chaos, experienced professionals emerged as steadfast anchors, guiding commercial transactions with their wisdom and expertise.

One sector deeply affected by these dynamics is China’s private equity (PE) market. It finds itself in a downward cycle marked by declining fundraising, investments, transaction volumes and value. For the past two years, the most obvious trend has to be the retreat of US dollar funds and the rise of renminbi funds. Recognising the distinct investment styles and cultural DNA of these two types of players, practitioners and service providers are quickly recalibrating their strategies to embrace a new set of game rules.

Fundraising faced headwinds as global interest rate hikes, compounded by the US-China decoupling and the country’s sluggish economic recovery. And on the exit front, the pace of IPOs witnessed a significant slowdown.

In this issue’s cover story, Shuffling the PE deck, we delve into the major trends shaping the PE market, and senior practitioners provide insightful analyses, advice, and explore potential opportunities within the industry.

Known for providing reliable venues for commercial dispute resolution, arbitration institutions are also actively seeking change. They reexamine the fundamental advantages that have made arbitration an alternative to traditional litigation, striving to enhance their collective offering of dispute resolution services. China’s arbitration industry has come a long way, as showcased in Changing gears, where leaders from seven top arbitration institutions reflect on their development milestones and the evolving arbitration landscape in mainland China, Hong Kong and the rest of Asia.

Ultimately, people are at the heart of the success or failure of commercial transactions and hold the key to overcoming current adversity, which remains our unwavering focus. In this issue, we are pleased to present the full lineup of the Growth Drivers category, following China Business Law Journal’s recent announcement of the first category of our upgraded A-List awards. The winners represent the key players in law firms – the stalwarts with rich practice experience and profound legal acumen. These seasoned lawyers are active at the forefront of the market, boasting outstanding reputations and robust revenue-generating capabilities, and create real value for their clients.

The final list is the aggregate result of market nominations, candidates’ own submitted supportive information, and independent research conducted by the editorial team. We would like to share our heartfelt appreciation to all who participated in our market survey, including Chinese and global in-house counsel, executives, partners from Chinese and international law firms, and legal experts from various industries, as well as our earnest congratulations to all the winners.

In this issue

Reduction rules for VCFs in the capital market

By Michelle Lu, Brightstone Lawyers

Obstacles, countermeasures to capital reduction by foreign investors

By Joyce Zhang and Aurora Zhang, Llinks Law Offices

Procurement compliance risk and system construction for SMEs

By Liang Muzhou and Lu Zhongrui, ETR Law Firm
China's private equity market in 2023

Shuffling the PE deck

Key trends reshape private equity landscape

Countdown-for-insurers-under-Foreign-Investment-Law-L

Countdown for insurers under Foreign Investment Law

By Elsie Shi and George Yu, Jincheng Tongda & Neal
China’s export control system

China’s export control system and tips for compliance

By Qiu Mengyun and Han Xiaoxi, AllBright Law Offices
Balancing-interests-behind-key-PE-VC-clauses-L

Balancing interests behind key PE/VC clauses

By Vincent Shen and Sun Jingqiu, Commerce & Finance Law Offices
Challenges facing PE funds

Challenges facing PE funds in buyout investments

By Xiao Fei and Li Wen, Guantao Law Firm
arbitration institutions revisit development focalvideo

Gears changing

Leaders of seven leading arbitration institutions review their development highlights and explore future landscape

Saudi Arabia’s new regulations construction contracts

Impact of new Saudi regulations on construction contracts

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
China’s banking and insurance penalties

Standardising China’s banking and insurance penalties

By Guang Zhenming, Joint-Win Partners
China’s investment overseas mining

Protecting China’s investment in overseas mining

By Mariana Zhong and Zheng Xinming, Hui Zhong Law Firm

Unlocking power of equity governance for listing companies

By Zhao Xun, Grandway Law Offices 
Rights holder counterattack

Rights holder counterattack: Infringement after licence termination

By Frank Liu, Shanghai Pacific Legal
Analysis of the new Company Law

Key concepts analysis of new Company Law

By Dai Haiying, W&H Law Firm
Carbon financial products' future

The sunny future of carbon financing

By Chen Sheng and Li Mingyue, Tian Yuan Law Firm
Secondary fund compliance

Secondary fund compliance and legal concerns

By Ran Lu and Pei Zhihao, Han Kun Law Offices

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