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Dispute resolution: foreign firms

Index of tables

  1. Dispute resolution: foreign firms
  2. Leading individuals
  3. Next Generation Partners

Leading individuals

  1. 1

Next Generation Partners

  1. 1

Herbert Smith Freehills LLP's 'overall service is excellent; the firm provides clients with very professional advice and timely responses to its clients' queries'. The practice stands out for its large, dedicated arbitration practice in Greater China; it also distinguishes itself through its Alternative Legal Services hub in China, comprising a Shanghai-based bilingual team that provides a cost-effective, on-the-ground means of tackling the document-intensive elements of major disputes. The team represented SIPC and Addax (subsidiaries of the Sinopec Group) in, reportedly, the largest claim ever filed with the Singapore International Arbitration Centre; with Repsol as respondent, this highly complex fraud matter that arose from the 2012 purchase by SIPC and Addax of a 49% stake in a significant upstream business in the North Sea, is valued at over $5.5bn. It also defended BYD Company, a Chinese electronic component manufacturing company, against complex and highly contentious litigation proceedings in the Hong Kong High Court that were commenced by Foxconn and involved allegations of breach of confidence in relation to confidential information and trade secrets. Jessica Fei, who has over 20 years' experience in international arbitration, leads the Beijing disputes practice. Recent growth saw Shanghai's Helen Tang, who 'has a great eye for detail and is very professional', promoted to the partnership; and construction arbitration specialists Michelle Li and Hew Kian Heong, who split their time between Shanghai and Beijing, were hired from Pinsent Masons. In Hong Kong, Justin D’Agostino is global disputes head, while commercial litigation head Gareth Thomas, arbitration head Simon Chapman and Greater China managing partner May Tai are other key names.

Baker McKenzie FenXun has a large, full-service dispute resolution team in Greater China that advises on commercial litigation, shareholder disputes, commercial and international arbitration, contentious restructuring and insolvency, and regulatory investigations. The practice fields sector specialists in financial services, energy, mining, construction, infrastructure and telecoms. Commercial and insurance dispute resolution expert Simon Hui is the recommended name in Shanghai; in Hong Kong, Cynthia Tang heads the dispute resolution group.

Jones Day's global disputes practice in China regularly represents clients before the courts in Mainland China (with local counsel); it has particular strength in commercial arbitrations at the China International Economic and Trade Arbitration Commission, as well as before numerous offshore arbitral institutions; and it is highly rated for regulatory investigation work involving sanctions, The Foreign Corrupt Practices Act, anti-corruption, and antitrust. The team recently acted for The Procter & Gamble Company, which indirectly holds shares in a joint venture company in China, in high-value claims brought by a joint venture shareholder seeking damages. Peter Wang, Michael Vella and Haifeng Huang are the names to note.

Allen & Overy LLP's litigation practice focuses on corporate and financial services disputes and is supported by significant contentious IP, antitrust, restructuring and insolvency, and regulatory practitioners. It also has a specialised international arbitration practice in Greater China. Jane Jiang and Hong Kong's global co-international arbitration head Matthew Gearing QC are highly rated practitioners.

DLA Piper's disputes practice covers shareholder and director issues, regulatory investigations, banking and financing matters, employment law, IP, construction, shipping and cyber fraud. It acted for Ping An Bank in the recovery of onshore and offshore loan debts of over HKD2bn from China Huishan Dairy Holdings Company and related companies. On the mainland, of counsel Xiaoshan Chen handles arbitration disputes covering sale of goods, trade and commodities, shipping and joint ventures. In Hong Kong, Asia litigation and and regulatory group head Kevin Chan is 'an outstanding professional', Ernest Yang is Hong Kong litigation and regulatory leader, and Harris Chan is also recommended.

Hogan Lovells International LLP's China dispute resolution team's recent work includes multi-jurisdictional engineering matters, regulatory investigations, white-collar crime, infrastructure disputes and cyber fraud. Alongside the Washngton DC office, the team assisted Dun & Bradstreet Corporation with major investigation and cross-border enforcement actions that related to the acquisition of data. Shanghai’s Eugene Chen is highly rated. Terence Wong joined Winston & Strawn LLP's Hong Kong and Shanghai offices.

Kirkland & Ellis International LLP's PRC team acts for multinational corporations and Chinese companies in complex commercial litigation, antitrust matters, product liability cases, IP disputes, environmental litigation, and securities and shareholder claims. It represented Syngenta in over 1,800 lawsuits in the US, which allege that its commercialisation of Viptera and introduction into the corn supply allegedly caused China to reject all shipments of American corn. Tiana Zhang, Jodi Wu and Agnes Li are the key mainland contacts, while Kelly Naphtali and Cori Lable are the Hong Kong names to note.

Norton Rose Fulbright is highly regarded for complex, often multi-jurisdictional disputes involving contract and commercial disputes; financial institutions and asset managers, including regulatory issues; real estate and construction; technology and telecoms; shipping; and major estate litigation. The Hong Kong-based practice includes Camille Jojo and Alfred Wu as well as consultants Jim James and Philip Nunn.

Clifford Chance LLP's key advisors include Hong Kong litigation and dispute resolution head Brian Gilchrist and Cameron Hassall, who heads international arbitration for Greater China. Gilchrist has particular expertise in disputes involving banking, directors’ duties, minority shareholders and insurance, along with tax, trusts and contentious probate, and employment; Hassall specialises in cross-border investment and shareholder disputes, primarily in the energy and infrastructure, private equity, banking and aviation sectors.

Clyde & Co LLP's 'team never disappoints clients and it provides high-level legal skills, efficient working procedures and smooth, English language communication abilities'. It is well known for its sector expertise in insurance, infrastructure, transportation, marine, aviation, and trade and commodities. The key advisers are Asia managing director Ik Wei Chong and Richard Bell, who are 'both highly recommended by clients', and Andrew Rourke, who divides his time between Guildford and Shanghai. Dennis Wong was promoted to partner, while former Beijing managing partner Patrick Zheng left for Llinks Law Offices.

CMS is well known for its experience in handling commercial disputes in the pharmaceuticals, biotechnology, technology, energy and logistics sectors. The key Beijing contacts are office managing partner Nick Beckett and Falk Lichtenstein; Shanghai's Ulrike Glueck's practice covers disputes involving M&A, shareholder agreements, real estate and construction, distribution, employment, and pensions.

Freshfields Bruckhaus Deringer is highly rated for regulatory enforcement litigation as well as international arbitration. Hong Kong-based Asia disputes practice head William Robinson is recommended for his assistance with corporate investigations and anti-bribery and corruption matters; other highly rated practitioners are John Choong and Tim Mak.

O'Melveny is highly rated for cross-border disputes, particularly US-bound litigation, including defending China-based, US listed companies in securities class actions in the US Federal Courts. Examples include acting for China Agritech, an organic compound fertilizer manufacturer and distributor, in successfully defeating motions for class certification in securities class actions, which were litigated in the Central District of California. Hong Kong's Denis Brock is the international disputes and arbitration practice chair and regional head of the Asia litigation practice; Binga Guo joined White & Case LLP's Beijing office.

Skadden, Arps, Slate, Meagher & Flom LLP is particularly well known for assisting Chinese clients with US securities litigation cases; and the firm's clients span industrial sectors from manufacturing, technology and telecoms to financial services and healthcare. In Hong Kong, Rory McAlpine is practice head and Bradley Klein leads a team that advises on internal investigations, US regulatory enforcement matters, and US federal and state trial and appellate litigation. Steve Kwok is also highly rated.

'Providing a stellar service', Bird & Bird focuses on litigation arising out of: equity and debt capital markets; private equity and infrastructure investments; investigations by regulatory bodies; shareholder and boardroom issues, including disputes arising out of joint ventures in China; and disciplinary proceedings for professionals. Hong Kong’s Richard Keady is 'an excellent litigator who is very commercial in his thinking and adept at dealing with difficult issues and characters'; and Robert Rhoda is 'absolutely charming and a delight to work with'.

Dechert LLP's PRC team is led by Beijing office managing partner Jingzhou Tao, who is recommended for China-related dispute resolution and international arbitration. Mariana Zhong regularly assists foreign and PRC clients with international commercial arbitrations.

Linklaters' practice covers contentious regulatory matters, white-collar matters and insolvency. In Hong Kong, Asia dispute resolution head Melvin Sng also co-heads the restructuring and insolvency practice in Asia; and Justin Tang acts for investment and commercial banks, listed corporations, Big Four accountancy firms and the Hong Kong government. Tang 'has very sound knowledge and he is efficient and goal oriented without engaging in excessive legalese'.

Morrison & Foerster LLP's 'team is responsive and sophisticated in terms of its knowledge of arbitration procedure'. Its recent experience includes acting in parallel Hong Kong and PRC court proceedings, which sought to set aside an unfavourable Hong Kong-seated ICC arbitration award. In Hong Kong, Craig Celniker is Asia disputes resolution head and Timothy Blakely heads up Hong Kong litigation. Adrian Yip is also a key contact.

Pinsent Masons is recommended for litigation and international arbitration involving construction, engineering, infrastructure and energy projects. Helen Chang, Helena Chen and Sam Boyling are the key contacts. Former China head Hew Kian Heong and Michelle Li joined Herbert Smith Freehills.

'Truly understanding how to deal with clients and meet and exceed their needs', Quinn Emanuel Urquhart & Sullivan, LLP is 'highly rated for its 'understanding of the region both in terms of legal and commercial culture'. The practice includes IP disputes, antitrust, post M&A issues, financial litigation and oil and gas disputes, while Shanghai managing partner Sam Williamson specialises in Asia-based government enforcement matters and investigations, as well as US-facing litigation involving issues and parties in Asia.

Shearman & Sterling LLP has a significant sector focus on energy, construction, infrastructure and telecoms, as well as disputes arising from M&A deals or other forms of business combinations. Asia international  arbitration head Nils Eliasson divides his time between the Hong Kong and Beijing offices.

Simmons & Simmons has a strong sector focus on asset management and investment funds, financial institutions, TMT and life sciences; it was recently also active in commodities disputes. Joseph Chu regularly acts for Hong Kong Stock Exchange-listed PRC companies on the regulatory issues that arise from Securities and Futures Commission investigations.

Stephenson Harwood is 'impressively knowledgeable in dispute resolution'. The team is experienced in cross-border and domestic high-profile litigation, particularly in relation to white-collar crime, investigations, insurance, construction and IP. Malcolm Kemp in Hong Kong is the litigation head and Evangeline Quek in Shanghai focuses on commercial, international trade and shipping disputes.

Dispute resolution: PRC firms

Index of tables

  1. Dispute resolution: PRC firms
  2. Leading individuals
  3. Next Generation Partners

Leading individuals

  1. 1

Next Generation Partners

  1. 1

Fangda Partners' sizable team has a tremendous record in litigation in Chinese courts and arbitrations in the China International Economic and Trade Arbitration Commission (CIETAC) and other tribunals. Contentious regulatory and corporate compliance is another area of strength which it regularly advises on internal and regulatory investigations. The team draws upon its expertise in corporate and financial transactions to handle a broad range of complex commercial disputes. Demonstrating this, Nuo Ji represented Chinachem Financial Services Company in two cases pertaining to debt collection agreement disputes involving parallel proceedings in the Hong Kong High Court and is also acting for M+W Group in a series of arbitration cases and court enforcement proceedings against a Chinese party. Other recent highlights saw Ming Kang representing Sintotec in CIETAC proceedings against a state-owned water conservancy and hydro power construction company in relation to a $8.6m dispute arising from a subcontract for a hydro power project in Pakistan; Melody Wang handling a shareholder dispute at Shanghai No.1 Intermediate Court for a US company and acting for a real estate developer in a case relating to a $120m dispute over corporate control and liquidated damages for breach of contract; Helen Shi representing a listed company in an arbitration proceeding relating to a technology transfer and service agreement dispute; Benjamin Miao advising a multinational telecom company on an internal investigation into a joint venture following an acquisition; and Daniel Huang handling a structured loan dispute.

King & Wood Mallesons is a genuine market leader in domestic and overseas litigation and arbitration. The firm has assembled a peerless client portfolio of blue-chip names which it has notable experience in representing before all levels of court. The 70-partner team is led by Beijing-based Tao Huang who is particularly experienced in international commercial and maritime litigation and arbitration. In its Shenzhen office, Ariel Ye has significant experience in representing domestic and foreign clients in CIETAC and ICC arbitrations; Ye was part of a team that acted for an electric company in its disputes with an engineering consultancy firm in relation to a $2.4bn clean energy plant in a SIAC-administered arbitration seated in Singapore. Feng Gao is recommended for financial and insurance cases including cross-border disputes relating to financial derivative transactions. Construction disputes also feature. Shouzhi Zhang, Lingyun Liu, and senior associates Mengdan Lv and Dongjun Li, are also names to note.

Zhong Lun Law Firm's 'very professional' team handles a mix of construction, real estate, investment, financing and corporate-related disputes. Among its recent caseload, it acted for a private equity company in a series of disputes relating to the establishment of a joint venture; represented Yong Xishun (Shanghai) Trading in an insurance contract dispute against AIG; and handled a defamation case for a well-known Chinese retailer. Within the team, Lijun Cao is singled out for his solid international arbitration capability and his track record in handling financial and construction disputes; Wei Bao is recommended for real estate and commercial disputes, Huawei Sun has expertise in investment treaty arbitration cases conducted under various arbitration rules and involving multiple jurisdictions; commercial disputes specialist Decai Zhang and securitisation and financial disputes expert Wilson Huo are also highly recommended, as is senior associate Zhen Zhao.

Commerce & Finance Law Office's team is jointly led by Hongji Li and Jialu Wang who are recommended for commercial litigation and arbitration respectively. Leveraging its focus on capital markets transactions, the team handles a steady flow of disputes for listed companies, securities and trusts; it also handles IP disputes. In 2017, Wang acted for Donlinks International Investment in an equity dispute against China National Agricultural Means Of Production Group. Qiang Cui acted for Yingli Energy in its defence against SIC Processing in a debt litigation and represented Beijing Cultural Center Fund in a $62m share purchase dispute. Other clients include Schindler China Elevator, Lippo Group, IDG Ventures and China Orient Asset Management.

Global Law Office's client roster features SOEs and foreign companies including China Resources Power, Alibaba, T.C. Pharmaceutical Industries and HSBC Bank (China). Its recent caseload includes a mix of commercial litigation and arbitration proceedings. Among them, it represented a security company in a dispute relating to securities misrepresentation against a large number of investors and successfully represented another Chinese security company in two arbitration cases against a subsidiary of a Fortune 500 company regarding the issuance of non-public directional debt financing instruments. Other highlights include breach of contract, equity transfer and dispute arising from the purchase of non-performing loans. Arbitrator Jingye Jiang is well versed in handling arbitration in the shipping and insurance sectors; Zhao Li is a key name to note for commercial litigation and arbitration; Jiuguang Zhao is highly experienced in handling litigation relating to corporate control, M&A and restructuring, finance and Sino-foreign joint venture; Weiwei Gu is experienced in employment disputes and government investigations, particularly regarding anti-corruption and antitrust matters; Xiusong Xing and Yifeng Gao are recommended for arbitration.

Dispute resolution boutique Huizhong Law Firm counts a number of well-known financial services clients as its clients such as Bank of China, China Everbright and Core Pacific-Yamaichi; its client list also features IBM, Culligan, Shanghai SECCO Petrochemical Company and Sandisk. It is singled out for its international arbitration expertise, and the ten-partner team is led by Beijing-based Xinguang Cao and Ning Fei. It regularly acts as co-counsel alongside international firms. Its track record includes successfully representing The Lubrizol Corporation in parallel SIAC and SHIAC proceedings pertaining a construction dispute; acting for a US private equity firm in a $300m CIETAC dispute relating to the acquisition of shares in a restaurant chain; and handling a $1bn real estate dispute for China Central Properties. Jingjing Chen is recommended for contentious labour matters, as well as disputes arising from international sales of goods and product liability, and Xueyu Yang focuses on international commercial arbitration and litigation. Chao Yang is another name to note. All individual mentioned are based in Beijing and Shanghai.

Jingtian & Gongcheng has a strong track record acting for multinational companies and private funds on a diverse range of disputes in the fields of corporate, finance, securities and insurance. The 21-partner team includes a number of highly regarded practitioners, including Chungang Dong who recently represented an international fund in four related arbitration cases against more than 20 respondents and acted for a foreign invested company in two bet-the-company CIETAC arbitration cases regarding the termination of a long-term gas supply contract. Shenzhen-based Sanqiao Xu handled an arbitration proceeding for a Chinese high-tech manufacturing company arising from a number of sales contracts and successfully represented a Cayman Island company in an arbitral award against a central government-led enterprise arising from a VAM clause of a PE investment agreement. Shanghai-based Shiqi Sun acted for Zhonghai Trust in a loan contract dispute against Yu Run Group and is assisting China Jingmi Machinery with a bankruptcy matter. Litigators Bangwei Xu and Ke Hu are highly recommended, as is Xuejun Peng who is particularly experienced in matters in the energy, aviation, and trade sectors.

JunHe LLP's practice has expertise in a diverse range of areas such as commercial litigation, arbitration, FCPA and bribery investigations and internal investigations. The team is highly active in IP litigation, as well as financial and bankruptcy disputes; for example, Zhaolin Wang and Jiangang Wang represented in a patent infringement litigation resulting the successful invalidation of two patents of, and IP specialist Qiang Ma is acting for a Chinese client in trade mark litigation before the Beijing IP court. Other highlights include representing an SOE in an arbitration in relation to a joint venture dispute, handling a series of EPC contract and construction disputes, and acting for a Chinese manufacturing company in a claim pertaining the liability of infringement of shareholder interest. The department is led by Zhenyong Ye, Weining Zou, Qing Li and Zhao Wang which also includes the highly recommended Li Cai, Yanli Zheng and Xiang Chen.

Headquartered in Beijing, Tiantong & Partners Law Firm is a commercial dispute resolution boutique which continues to grow with the establishment of six offices including Shenzhen and Nanjing. It has notable experience in representing clients in domestic and international commercial arbitration proceedings, particularly cases heard before the Supreme People's Court, as well as advising clients for the enforcement of foreign arbitral awards at Chinese courts. Its diverse client list features foreign governments such as the US Department of Justice, multinational corporations such as RBS, and large Chinese companies such as Bank of China, China Construction Bank, Sinopec, Sinochem and Ping An Insurance. Founding partner Yong Jiang heads the 27-partner team which also includes Feng Wang, Yaoquan Chen and Qing Peng.

DaHui Lawyers is best known for disputes involving IP, trade secret, employment and commercial bribery. Xing Wan and Arthur Ma heads the six-partner team which has notable experience of handling cases in courts at various levels and in multiple jurisdictions. In 2017, it defended Rockwool in a product liability litigation; represented a financial group in a class action dispute involving the purchase of shares of a listed company; and acted for a Chinese SOE construction company in a UK-seated international arbitration proceeding regarding a water treatment project in the Middle East. Lin Bai is another name to note and advised Trammo in a multimillion-dollar sale and purchase contractual dispute and assisted a Hong Kong-listed company with a series of disputes pertaining creditor's rights, with a total claim amount of over RMB300m.

Tian Yuan Law Firm is well equipped to handle financial, IP, employment, real estate and corporate and commercial disputes. The team includes a number of highly recommended individuals in its Beijing and Shanghai offices. Among them, Zhuo Chen represented a mining company in a RMB1bn lending dispute and acted for China Academy of Railway Sciences in a consortium contract dispute with Gansu Sanyuan Machinery Technology; Mei Xu successfully acted for Beijing Ultrapower Software in an equity transfer dispute with Beijing Fanyatai Information Technology Research Institute; Peng Xie acted for China Jiangsu International Economic and Technical Cooperation Group in a construction dispute relating to a power plant project.

AllBright Law Offices is regularly instructed on large-scale commercial litigation and arbitration for SOEs, private companies and foreign companies in the real estate, mining and metal, and financial services sectors. Recent highlights saw practice head Rui Guo represent an investor in a RMB800m share purchase dispute; Miao Qian handling an employee share dispute and acting for China Orient Asset Management in a dispute arising from an acquisition; Shicai Zong advising Shenzhen HaiGuChi Investment in an arbitration proceeding relating to a joint venture share dispute; and Lianfang Fu handling a loan contract litigation. IP litigation also features in its caseload which the team recently acted for Brother Industries in a patent infringement litigation.

AnJie Law Firm recently recruited cross-border dispute resolution specialist Vicky Zhao who joined from Freshfields Bruckhaus Deringer and IP specialist Wen Zou who was previously at Shenzhen Intermediate People's Court. Practice head Arthur Dong has particular expertise in international trade and IP-related disputes, and regularly represents Chinese clients in ICC and SIAC arbitration proceedings. Dong recently represented a Chinese high-tech company in a SIAC arbitration, assisted an SOE with an arbitration relating to the international sale of goods, and handled a dispute arising from a technology transfer transaction. Domain name dispute and breach of contract are also among the team's recent instructions.

DeHeng Law Offices' specialist contentious team covers construction, real estate, international trade, finance and banking, insurance and product liability cases. Its recent highlights include representing Industrial Securities in the delisting of Dandong Xintai following the fraudulent issuance in China's capital markets and advising PICC Property and Casualty Company in an insurance contract dispute against Dragon Aromatics (Zhangzhou). Other highlights saw practice head Changbin Chen representing defendant Jiujiang Zhonggu National Grain Reserve in a series of contractual disputes and Junqi Wang assisting Tianjin Zhngqichuang Technology in a shareholder dispute.

Dentons China is a popular choice for commercial disputes, including contractual, shareholder and share transfer matters, as well as banking and financing litigation. In 2017, Yingying Li and Zongpeng Xiong handled a series of private lending and financial loan contract disputes for a number of well-known Chinese financial institutions. Jiangtao Ma and Dong Zhang are key names to note for commercial litigation and international arbitration; the latter has notable experience in administrative litigation and financial disputes. China National Water Resources & Electric Power Materials & Equipment Group, China Merchants Securities and Ping An International Financial Leasing feature in its impressive client list.

Guantao Law Firm's 30-partner team is jointly led by Shanghai-based Leiming Sheng and Beijing-based international trade and antitrust specialist Shaosong Sun. Weiguo Yang is a key name to note within the team, and is recommended for domestic and cross-border litigation and arbitration proceedings. It recently acted for a Chinese company in a series of disputes against a real estate development company, acted for a large SOE in disputes arising from its asset reform, and represented a Chinese contractor in a construction arbitration proceeding and sales contract litigation against the developer and suppliers respectively.

Jincheng Tongda & Neal advises international and domestic clients in cross-border disputes at foreign and local courts, as well as various arbitration tribunals. Members of its team also act as arbitrators for CIETAC, Beijing Arbitration Committee and other regional and local PRC arbitral organisations. The team is particularly active in IP litigation, and litigator Yong Wang has expertise in copyright and trade mark infringement, unfair competition and trade secret infringement. Other names to note include Bin Zheng who leads the bankruptcy practice, and Wei Yuan who is the key name to note for criminal litigation and white-collar crime.

Llinks Law Offices handles a broad range of litigation and arbitration mandates, with particular focus on disputes in the financial services and real estate sectors. Litigator Peiming Yang counts multinational corporations, foreign companies, SOEs and private companies as key clients which he acts for in litigation and arbitration proceedings. Yang represented a multinational client in an arbitration proceeding relating to a share transfer dispute and defended a Chinese real estate development company in a trade mark infringement and unfair competition dispute. The practice is led by the well-regarded Chares Qin who is singled out for his expertise in handling loan contract dispute, and disputes arising from cross-border transactions. Vincent Wu is another name to note and his recent instructions include an equity investment arbitration and a lease contract dispute.

FenXun Partners is singled out for its 'strong client service awareness' and its 'thoughtful and tailor-made advice'. The team hired an 11-lawyer litigation team from JunHe LLP in 2017 including the highly regarded Honghuan Liu who is experienced in advising multinational clients in high-profile cases, particularly those related to technologies, including product liabilities and patent infringement cases. The team has experience of representing clients in litigation before Chinese courts, and arbitration in the CIETAC and other tribunals. Liu and Xi Zhou assisted Cashman & Wakefield (Dalian) with the right of enterprise control dispute and acted for in a trade mark infringement retrial case. Other cases included equity transfer, trade secret and shareholder disputes.

Han Kun Law Offices focuses on commercial, financial, employment, IP and antitrust disputes. The seven-partner team includes Eric Liu who specialises in commercial contract-related disputes; the 'diligent' Andy Liao who is experienced in commercial litigation and arbitration; and the 'adaptable' Will Huang who handles commercial litigation and international arbitration. The team recently handled a CIETAC arbitration regarding a breach of contract dispute and is assisting a foreign-invested fast moving consumer goods company in a series of contentious matters arising from a Sino-foreign joint venture.

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