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  1. Projects and energy: Beijing
  2. Other recommended firms
  3. Leading individuals: local firms

Leading individuals: local firms

King & Wood Mallesons welcomed partner Dirk Walker and of counsel Dina Yin from Dewey & LeBoeuf LLP in Beijing and Linklaters respectively. Walker’s experience includes representing state-owned Chinese oil companies in outbound acquisitions and the development of upstream and downstream projects in Africa, South America, the US, and the CIS. Yin focuses on representing PRC and international energy and mining companies in both outbound and inbound acquisitions and projects. The practice acted for Yanzhou Coal Mining, through its Australian subsidiary, on the $2.13bn takeover of Australian mining company Gloucester Coal. PRC managing partner and ‘formidable lawyer’ Wang Ling is a key contact.

Grandall Law Firm’s representative experience includes advising on highway, port, bridge, water and waste, and telecommunications projects. The firm’s assistance covers project development, contractual issues, project finance, the privatisation of public infrastructure, and the settlement of disputes relating to infrastructure. The ‘highly respected’ Weidong Wang is the Beijing managing partner.

Jun He Law Offices’ Qin Yu led the team advising ConocoPhillips Australia and Origin Australia in a $1.5bn transaction with Sinopec, involving a share purchase and 20-year gas supply and offtake agreement. Co-led by Wang Jinghua and Jianan Yuan, the practice also advised China Minsheng Banking Corporation on the syndication of a $200m loan facility to finance the acquisition by Gold Channel Group and Hua Xin Asia Investments of the Australian company Victorian Iron. In other work, the practice advised Shanghai Gas Group on its regional market integration programme, which involved the acquisition of three gas companies; and a team led by George Zhu and Zhou Jun represented GE (China) and Shenhua Coal to Liquid and Chemical Company on the establishment of a Sino-foreign joint venture.

Recent experience for Global Law Office includes advising on China Railway Resources Group’s acquisition of Qinghai Golden Star Mining; and assisting a Chinese oil corporation on fuel-depot construction projects and acquisitions in various Chinese provinces.

Guantao Law Firm acted for Sinopec Kantons Holdings in the equity acquisition of Zhan Jiang Port Petrochemical Jetty Company; and advised China Guangdong Nuclear Power Holding Corporation (one of the PRC’s largest state-owned nuclear power producers) on its potential £756m acquisition of the Namibian mining group, Kalahari Minerals. Xiao Hongming and Xu Ling are key contacts.

Zhong Lun Law Firm’s practice encompasses energy, mining and infrastructure projects, in addition to regulatory matters and litigation. Its client base includes China National Petroleum Corporation, State Development & Investment Corporation, SK Energy and Zhengzhou Coal & Electric.

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Legal Developments in China

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  • China Customs New Interpretation

    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.
    - Haoliwen Partners

  • Will OEM catch you out?

    Original Equipment Manufacturing(OEM), particularly cross-border OEM, is perhaps most common model in the contemporary manufacturing world. It's now routine for Western companies to provide design and technology know-how and then to outsource production to China and other Asian countries where the labour needed to manufacture a product is comparatively inexpensive.
    - Haoliwen Partners

  • A Second Look at NDRC’s Most Recent Enforcement Cases against Price Violations in 2013

    On January 4, 2013, NDRC declared that Samsung, LG and four Taiwanese firms were fined RMB 350 million for fixing the prices of LCD screens during the period from 2001 to 2006  (" LCD Case "). On January 16, 2013, Maotai, one of most famous wine brands in China, declared that they were investigated by NDRC for its monopolistic behaviors and they therefore would modify all their sales policies that had violated the 2008 Anti-monopoly Law of PRC (" AML "), in particular the resale price maintenance policy. This was closely followed by the declaration of WuLiangYe, another wine magnet in China, which announced on January 17, 2013 that they would also abolish all the sales policies in violation of AML, after an investigation of NDRC.
    - Haoliwen Partners

  • CHINA gossIP - Intellectual Property Journal - March/April 2013

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  • CHINA gossIP - Intellectual Property Journal - January/February 2013

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  • Legal Risks in Commodity Classification for Customs Clearance [Customs&Trade]

    In July of 2007, an overseas projector manufacturer modified its video projector products (HS Code: 8528 3010, Duty Rate: 35-30%) into digital projectors (HS Code: 8471 6090, Duty Rate: 15-10%) through a series of technical methods, such as installing video connectors and crystal oscillators, covering up pre-set sockets, changing buttons, modifying relevant software, renovating outer packaging and product manuals. Later, its subsidiary in China imported such modified products under an HS Code applicable to digital projectors. After customs clearance, the company had the imported products re-modified into video projectors and sold them in China.
    - Haoliwen Partners

  • Memorandum on “The Circular of The NDRC on the Issuance of RMB Denominated Bond in Hong Kong..."

    Special Administrative Region by Domestic Non-financial Institutions
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  • WHD IP Express No.1 2012/11

    CMTO Classification Is Not the Sole Criterion for Assessing the Similarity of Goods and Service
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  • WHD IP Express No.1 2012/10

    Neoplan Loses an Important Infringement Lawsuit Due to Invalidation of it's Design Patent
    - Wan Hui Da Law Firm

  • Legal Developments of China’s Micro-credit Industry

    Micro-credit companies, which provide lending services for farmers, individual industrial and commercial households, and small and medium-sized enterprises, have become an important channel for private capital to enter the financial market and a significant supplementary power of China's credit market.
    - Jingtian & Gongcheng

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