文章
A New Era of Reciprocity: Trends in Foreign-Judgment Recognition in China
Friday, December 1st, 2017
On September 12, 2017, China signed the Hague Convention on Choice of Court Agreements at the Ministry of Foreign Affairs of the Netherlands. The Convention requires the courts of a member nation, if not chosen as the dispute-resolution venue in an agreement between contracting parties, to stay all proceedings in favor of the courts of... read more
U.S. Can’t Pull Down China’s Data Wall
Tuesday, October 24th, 2017
Recent protests of China's new laws about cross-border data transfer may not sway regulators given rising digital walls around the world. On September 26, the U.S. raised concerns at the World Trade Organization (WTO) about the Chinese Cybersecurity Law which took effect in June 2017. A U.S. letter stated that measures enforced in their current... read more
China Expands Data Export Restrictions
Tuesday, May 9th, 2017
China’s Network Security Law (the “NSL”), adopted late last year, is set to take effect on June 1, 2017. One of the most important provisions of the NSL is Article 37, which requires operators of critical information infrastructure to store personal information and important data within China. Transferring such information overseas is only permitted after... read more
VIE-Like Structure Affirmed by Supreme People’s Court in China
Saturday, May 6th, 2017
Investing in Chinese companies is no easy task, as such investments oftentimes entail complex restrictions imposed on foreign-owned entities, especially in certain restricted industries. To avoid being treated as foreign invested companies, many Chinese companies have opted to set up a contractually owned structure called a Variable Interest Entity (VIE), which allows foreign investors to... read more
Entering into the Chinese Internet Market—China Strategy for Internet-based Start-up
Monday, March 13th, 2017
Chinese market has all the reasons to be one of the most attractive markets to internet-based start-ups. China, with 721 million of online users, remains the largest internet market according to the Broadband Status Report issued by the United Nations Broadband Commission in September 2016. This number of online users is more than 2.5 times... read more
Network Equipment Companies Facing Security Review in China
Thursday, February 16th, 2017
The Cyberspace Administration of China (CAC) published a set of draft rules on February 4, 2017 to establish a network security review committee, which will be responsible for assessing the security of network equipment and services under the new Network Security Law. The security review is aiming at reducing the risks that network equipment or... read more
Recent Tightening of Foreign Exchange Control in China and Its Impact on Chinese FDI Transactions
Friday, January 20th, 2017
Increased Governmental Scrutiny In the past decade or so, the Chinese government has been actively encouraging Chinese businesses to expand globally by acquiring resources, advanced technologies, and distribution channels overseas. Following the relaxation of the outbound investment approval process in late 2014 and early 2015, Chinese direct investment into the U.S. hit a record $45.6... read more