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China Business Law Journal

The long view

International General counsel shared their views with us on the changing role of in-house legal teams

Toil and trouble

China’s economy is recovering from the pandemic ahead of the rest of the world, but in-house counsel now face an increasingly tense international political theatre and an enormous uptick in regulatory and compliance-related work.

When the going gets tough

China’s legal services market is navigating a tumultuous period of change. Our annual survey looks at how firms are performing, and what strategies they have in place to see them through the storm

Forward motion

Despite the trials thrown up in 2020, China has never stopped moving forward with legal reforms. Frankie Wang explores areas that have confused some companies, and seeks clarity from the experts

Protection for shapes of commodities under Anti-Unfair Competition Law

By Geng Yunfeng, Sanyou Intellectual Property Agency

Bond trustee system: A new opportunity

By Pan Xiuping and Cui Shengnan, Longan Law Firm

Impact of Foreign Investment Law on M&A in China

By Catherine Shen, Commerce & Finance Law Offices

Structure, procedure and dilemmas of the PPP+REITs model

By Zhang Miao and Pei Zhoujian, Hylands Law Firm

Tax remuneration from WeChat articles

By Tao Shan and Yu Rong, Hylands Law Firm

Impact of EU state aid rules on Chinese investors

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm

The notion of justice

Comparative analysis of labour dispatching and outsourcing

By Wu Kun and Jin Jing, Tian Tai Law Firm

Pharmaceutical quality responsibilities under the MAH system

By Zhong Yueping, Merits & Tree Law Offices

Remedies for minority shareholders in liquidations

By Xu Bangwei and Lin Xiaolu, Jingtian & Gongcheng

New rules for adjudication of trade secret cases

By Wang Yaxi and Wu Yue, Yuanhe Partners

Strategy for settlement negotiation in IP infringement cases

By Frank Liu and Adam Zhu, Tiantai Law Firm

Focus on arbitral mutual assistance arrangement for mainland, HK courts

By Zhang Dan and Zhu Hongyu, AnJie Law Firm

The Civil Code and title of property: A banker’s perspective

By Yang Guang and Xu Xiaoxuan, Lantai Partners

Document No.29 and the validity of cross-border guarantees

By Zhang Guanglei and Cui Jiaqi, Jingtian & Gongcheng

Defect warranty obligations in financial leasing ABS

By Sun Shiqi and Chen Shu, Jingtian & Gongcheng

Risk in copying template of interbank fiduciary agreements

By Hua Tao and Deng Wei, Dentons

Exploring legal systems facing foreign investors in China

By Ni Xudong, East & Concord Partners

Ensuring arbitration clause validity in signed company contracts

The following arbitration case illustrates this problem, and this article aims to provide its solution

Impact of securities law revisions on China arbitration

The first Securities Law of the PRC come into effect on 1 July 1999, and has since undergone five amendments. The latest revision came into effect on 1 March 2020. It is more striking than all previous revisions, with many highlights.

Video evidence

What are the rules governing the giving of evidence by video link in civil proceedings

Are you being watched?

Governments adopting trace-and-track apps to prevent the spread of this coronavirus have raised questions about the ‘right balance’ between crisis response and privacy considerations

Beyond the ‘mega’ era

What does the future hold for China’s asset management industry?

A wealth of advice

Acclaimed financial lawyer David Liu shares his career stories

What the Star Market has changed

By The Securities team of Shu Jin Law Firm
It provides a brief introduction to a few significantly influential innovative arrangements made by the Star Market

Ten questions about ‘dismantling the red chips structure’

By Xu Jingke and Fan Jianhong, Dentons
Should a company dismantle the structure or not? If so, how? What are the important issues to consider during the process?

Paths of domestic enterprises listing in Hong Kong

By Wang Bo and Chen Rui, Commerce & Finance Law Offices
Since the Stock Exchange of Hong Kong Limited (HKEX), the preferred place for overseas listing of PRC domestic enterprises, revised the listing rules for the Main Board in 2018 and added three chapters such as Chapter 18A, more than 200 domestic enterprises have completed a Main Board listing on the HKEX

Surfing boards

What is the best listing venue for homecoming Chinese stocks?

Cayman privatizations back in vogue

By David Lamb, Conyers Dill & Pearman
Privatizations of public companies incorporated in the Cayman Islands and listed on a major stock exchange are in vogue again for a variety of reasons, financial and regulatory

Mediation for cross-border investment disputes in covid-19

By Jefferey Quan and Chen Congfa, ETR Law Firm

The stock appreciation rights incentive for listed national companies

By Wang Feng and Ying Zhi, Grandway Law Offices

Legal risk management of green bonds

By Yin Yanhong, DOCVIT Law Firm

Allocation of owner liability in smuggling cases

By Jenny Zhan, Dentons

Ascertainment of foreign law in Chinese judicial practice

By Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng

Application of ‘execution to bankruptcy’ rule

By Xia Yibin and Cai Jingjing, AnJie Law Firm

Are you ready for a secondary listing in Hong Kong?

By Zhang Jian and Zhu Zan, Shihui Partners
Due to the uncertainties brought by Sino-US trade frictions and the negative impacts caused by recent scandals of some Chinese companies, a secondary listing in Hong Kong becomes quite attractive to the China- based and US-listed issuers

Standardized development trends of capital trust business

By Ren Guobing and Lin Shulan, Jingtian Gongcheng

Assessing validity of new credit-enhancing documents

By Yang Guang and Li Yunshi, Lantai Partners

Key points of CFIUS pre-assessment for US investment

By David Pan and Kenneth Kong, Llinks Law Offices

Litigation and other options in IP dispute resolution

By Frank Liu, Tiantai Law Firm

Rules for advertising language and responses to penalties

By Zhou Le and Zhou Yeli, Tiantai Law Firm

Factors to consider in short video rights protection

By Zhang Chenyang and Yan Hang, Yuanhe Partners

Establishing CTCs in a changing Hong Kong environment

By Wang Jihong and Xu Yibai, Zhonglun Law Firm

VAM clauses beyond the SPC minutes

By Ji Chaoyi and Yang Yingzhi, East & Concord Partners
stimulus

Can India’s post-covid-19 stimulus benefit Chinese companies?

By Santosh Pai and Vijay Sureka, Link Legal India Law Services
Adjusting business plans can ensure entrepreneurs navigate risks and profit from a new relief programme

Chinese take-privates: End of a US affair?

By Matt Roberts, Maples Group
In certain instances, the founders and management of public companies may consider a privatization or “take-private” deal, whereby the company is taken private by becoming a private Cayman Islands company and, as a result, delists from these US securities exchanges.

Risk control of email, internet scams in cross-border trade

By Ekin Zeng and Caroline Cheng, AllBright Law Offices

Pandemics

The contractual impact of pandemics on corporate and financial transactions

Managing a crisis

By Kai Bandilla, David Loszynski and Gao Sen, Heuking Kühn Lüer Wojtek
Slowly recovering from lockdown measures, most German companies are more or less affected by the government’s strategy of preventing an uncontrolled spread of the virus, and subsequently an overload of the German health system

The homecoming

A wave of Chinese stocks is poised to exit the US and seek capital back in Shanghai or Hong Kong, following recent fraud allegations of Nasdaq-listed Luckin Coffee and intensifying political tensions

Over the peak?

Businesses restarting after the worst of the pandemic face supply-related legal headaches. How should in-house counsel manage these and other risks?

Adopting cloud, big data and AI in supply chain-based ABS

By Liang Hua and Chen Xiuli, V&T Law Firm
How can lawyers provide a better supply chain-based ABS service by adopting cutting-edge technologies?

Factual witnesses in commercial arbitration

In commercial arbitration, the claimant and the respondent shall each provide evidence for the facts on which they apply, reply or counterclaim. Witness testimony often plays an indispensable role in providing facts and restoring the truth of a case

Focus on BAC rules appeal mechanism

A highlight of the BAC investment arbitration rules is that they provide an appeal mechanism under article 46 and appendix E, allowing the parties to appeal by consent

Complex asset disposal in mass economic crime cases

By Wang Dan, Long An Law Firm
Mass economic crime, with illegal fundraising as a typical form, affects a large group of non-specific victims and features broad involvement, substantial destruction and difficult disposal of assets

Zhejiang bankruptcy procedure involving criminal and civil liabilities

By Nafisa Nihmat and Rita Yan, Zhong Lun Law Firm
In recent years, the number of bankruptcy cases has increased significantly, and the issue of the cases involving both criminal and civil liabilities has become more prominent
investments

Screening Chinese investments: What happens next?

By Santosh Pai and Anuj Trivedi, Link Legal India Law Services
Entities affected by India’s new policy may be able to take measures to obtain fast-tracked approvals

Probe in debt for equity swaps during reorganizations

By Yang Guang and Wang Yao, Lantai Partners

Factors in the acquisition of NPLs in China

By Xu Bangwei and Bai Lijie, Jingtian & Gongcheng

Registration of ODI assets and equity

By Selena She and Kenneth Kong, Llinks Law Offices

Practical issues regarding punitive damages

By Chen Zhixing and Lan Manfeng, AnJie Law Firm

Protecting shareholder priority when transferring state-owned equity

By Lu Xiang and Ciera Rui, AllBright Law Offices

New challenges of medical sourcing in China

What are the risks for global buyers sourcing medical equipment in China?

The legal effect of liquidation preferences

By Li Xianxi and Xiao Zhijun, East & Concord Partners

Management of legal compliance during a pandemic

By Zhang Ting, DOCVIT Law Firm

Applying Securities Law to interbank bonds

By Li Jumei, Grandway Law Offices

Recognizing, enforcing HK judgments in mainland China

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

When probationary period encounters pandemic

By Shen Minquan, Jingtian & Gongcheng

The point of return

If legal tools of bankruptcy are properly applied, there are chances for companies to survive and start again

Innovative drug R&D investment and financing (part 1)

By Jin Youyuan and Guo Xiaoxing, Merits & Tree Law Offices

Trademark Office response measures during the pandemic

By Claire Zhao, Sanyou Intellectual Property Agency

Liability risks for legal representatives of enterprises

By Wei Jie and Zhang Yubo, Tiantai Law Firm

Gaining the advantage against trademark squatters

By Frank Liu and Sandy Shan, Tiantai Law Firm

MOST POPULAR

CBLJ IHCA Feature Image

In-house Counsel Awards 2026

Following months of market research, we have selected these outstanding in-house counsel and their teams

CORRESPONDENTS

Preparing for Hong Kong’s paperless securities regime

By Stella Yeung and Stephen Luo, Jingtian & Gongcheng

How can minority shareholders seek relief from profit hoarding?

By Jiang Xuan and Yang Yue, Zhong Lun Law Firm

Infringement risks of AIGC in entertainment industry (Part 2)

By Jiang Shen and Xu Wen, Jingtian & Gongcheng

FEATURES

China’s new environmental code

Bundled and binding

A 1,200-article code, five interlocking books, and one tighter leash on Chinese business. The clock to August 2026 is ticking

不容有瑕

No flaws allowed

While stock exchanges lower barriers to atrract emerging sector issuers, regulators focus on accountability of listco and intermediaries at the top corporate level

CBLJ IHCA Feature Image

In-house Counsel Awards 2026

Following months of market research, we have selected these outstanding in-house counsel and their teams

PRACTITIONERS' PERSPECTIVES

Preserving listing status against delisting red line

By Xu Zhiyuan, Tahota Law Firm
IPO to M&A Shift

IPO alternative: Public M&A route to capital markets

By Kang Xiaoyang, Kangda Law Firm
Red-chip restructuring in China

Unwinding red-chip structures

By Vincent Shen, Commerce & Finance Law Offices

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