Doing Business In China

Home >
Law >
Business / Commercial Law >
Doing Business In China

Description
Contents
Author

Details

Doing Business in China provides over 3,000 pages of extensive and comprehensive analysis. This work is the most 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.

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 multi - volume 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.

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.
VOLUME 1

Introduction

Stanley Lubman and Anthony Zaloom

Section I. Business and Regulatory Environment

1. State Organization (Reserved)

James Feinerman

2. Legal Institutions

2.1. Court System

Harry Liu, Meg Utterback and Simin Yu

2.2. Procuracy

Fu Hualing

3. Legal Profession

Randall Peerenboom

4. Relevant Government Authorities (Reserved)

Seung Chong

5. Creation and Application of Law

Peter H. Corne

6. Key laws

6.1. Civil Law

Edward J. Epstein and Will W. Shen

6.2. Contract Law

Pitman B. Potter

6.3. Company Law

Xianchu Zhang

6.4. Criminal Law

Fu Hualing

6.5. Competition Law

Martyn Huckerby, Sharon Wong and Tingting Cai

6.6. Property Law

Pitman B. Potter

7. Negotiating in China

Meg Utterback and Linda Davinson

8. Preferential Zones

David Ben Kay and Beth Bunnell

9. China and the World Trade Organization

Donald C. Clarke

Section II. Forms of Investment and Business

A. Foreign Investment Vehicles

1. Representative Offices

Sally Harpole

2. Joint Ventures

Clark T. Randt

3. Wholly Foreign-Owned Enterprises

Randall Peerenboom

4. FIE Holding Companies

Philip Rapp

5. FIE Restructuring (Reserved)

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

5.3 Mergers and Acquisitions in China

Jingzhou Tao and Jian Yang

B. Securities

6. H-Shares and Red Chips (Reserved)

Antony Dapiran

7. Asset Securitization

Gao Peiji and Yang TieCheng

8. Mutual Funds

James Walker and Mark Shipman

C. Financing

9. Debt Financing

Warren Rothman and Lester Ross

10. Taking Security: Mortgage and Pledge

Lucille A. Barale

11. Project Finance

Melissa Thomas and Tarrant Mahony

12. Technology Transfer/Assistance

Yongfu Li

13. Aircraft Finance

William Kai-kwong Ho

D. Foreign Trade and Other Business Forms

14. General Introduction

Jingzhou Tao

15. Processing and Countertrade

Jingzhou Tao

16. Bonded Warehouses and Service Centers

Vivienne Bath and Jessica L. Su

VOLUME 2

Section III. Specific Fields and Topics of Law

1. Land

Carl B. Cheng

2. Foreign Exchange Control

Thomas E. Jones

3. Tax Law

3.1 Taxation of Foreign Companies in China

Sabine Stricker-Kellerer

3.2 Taxation of Individuals

Pitman B. Potter – University of British Columbia

3.3 Tax Treaties

Norman Givant and James Dunlap

4. Asset Valuation

Keith Yan – American Appraisal Hong Kong Limited

5. Accounting

Alden Leung

6. Labor Law

Andreas Lauffs

7. Social Security and Welfare

Anne Stevenson-Yang

8. Environmental Law (Reserved)

Lester Ross

9. Insolvency, Liquidation and Dissolution of Enterprises

Andrew McGinty, Neil McDonald and VC Leow

10. Intellectual Property

10.1. Intellectual Property Law

Laura Wen-yu Young

10.2. Patents

Chun M. Ng and Zhuang Yuan

10.3. Trademarks

Yuemin Lu and Song Yue

10.4. Copyright

Matthew Murphy

10.5. Customs Protection of Intellectual Property Rights

Joseph Simone and Wei Jingyan

10.6. Chinese Intellectual Property Litigation--Theories and Remedies

David S. Bloch, George Chan and Euan Taylor

11. Product Liability

Edward Epstein and Will W. Shen

12. Due Diligence

Cole R. Capener and Tracy Wut

13. Anti-Trust Law

Volker Pasternak

14. China’s Anti-Corruption Laws and the U.S. Foreign Corrupt

Practices Act, and the UK Bribery Act

Andrew Legg, Richard M. Tollan and Kristy L. Balsanek

15. Director’s and Officer’s Liability

Franklin Chu and Yingxi Fu

VOLUME 3

Section IV. Dispute Resolution

1. Arbitrating China Business Disputes

Michael J. Moser and Friven Yeoh

2. Domestic Arbitration

Chi Manjiao

3. Civil Litigation

Anthony Poon and Peng Shen

4. Enforcement of Arbitral Awards in the PRC

Jia (Jessica) Fei and Richard Hill

5. Chinese Investment Treaties: What Protection for Foreign

Investment in China?

Elodie Dulac

6. Negotiating and Drafting Dispute Resolution Clauses for China-

Related Commercial Contracts: Some Legal and Practical

Considerations

Paul Mitchard QC and Calvin Chan

7. Mediating Disputes in China
Meg Utterback

8. Enforcement of Domestic and Foreign Court Judgments in the
PRC
Peter Yuen and John Choong

Section V. Industry Sector Reports

1. Power

Mitchell Silk

2. Mining (Reserved)

Michael J. Moser

3. Upstream Oil and Gas in China

David Blumental, Tju Liang Chua,

Ashleigh Au - Vinson & Elkins, Shanghai

4. Highways

David Platt, Jacqueline Cheng, Jack Young,

Simon Meng and Jeremy Xiao

5. Automobile Industry

Stefanie Tetz and Li Wei

6. Foreign Investment in Telecommunications Networks

Jeanette K. Chan and Marcia Ellis

7. Retail, Wholesale, Distribution and Trading

T.K. Chang

8. Information Technology

Volker Pasternak

9. Publishing

Nicholas Driver

10. Insurance (Reserved)

Donald J. Lewis and Peter F. Rhodes

11. Commercial Banking Sector in China

Andrew Godwin and Fang Jian

12. Pharmaceuticals

Nicholas Chan, Louise NG and Ryan Chen Changshun

13. Chemicals

Sheyenne Jin and Pingfan Wang

14. Real Estate and Property Management

Florence Li

15. Advertising

Mary L. Riley and Asa Jansson

Index
Michael J. Moser is a leading specialist in Chinese business law and is currently Chairman of the Hong Kong International Arbitration Centre (HKIAC). A graduate of Harvard Law School and a member of the New York Bar, he has practiced law in China for nearly 30 years. He is a former Partner with the law firms of O'Melveny & Myers, Freshfields and Baker & McKenzie. Mr. Moser is Vice President of the Asia Pacific Regional Arbitration Group (APRAG), Co-Chair of the China Arbitration Forum and a Vice Chair of the IBA Committee on Arbitration. He is a member of the panel of arbitrators of CIETAC, the HKIAC, the SIAC, the AAA/ICDR and other leading institutions.

Fu Yu 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.

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 Guigun, 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 and Member, WTO Appealate Body, Geneva