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Gide Loyrette Nouel A.A.R.P.I.

SUITE 2008, SHIU ON PLAZA, 333 HUAI HAI ZHONG ROAD, SHANGHAI 200021, CHINA
Tel:
Work +86 21 5306 8899
Fax:
Fax +86 21 5306 8989
Web:
www.gide.com
Email:
Warsaw, Tunis, Shanghai, Saint-Petersbourg, Paris, New York and 13 more

China : Banking and finance

Within Foreign firms, tier 4

Gide Loyrette Nouel A.A.R.P.I.’s practice includes domestic and international bilateral and syndicated lending, credit facilities, structured finance, security agreements, acquisition finance, export finance, equity and asset financing, secured lending, refinancing, securitisation and bank regulatory issues. The team also has a large specialist project finance practice, as well as particular expertise in real estate financing. Antoine de la Gatinais in Shanghai is a principal contact; Hong Kong-based Balbir Bindra leads the Asia banking and finance group; and Samuel Chau heads the Hong Kong banking and finance team. Crédit Agricole Corporate Investment Bank, China Development Bank and Peugeot Citroen Automobiles are clients.

China : Corporate and M&A

Within Foreign firms Other recommended firms

China : Dispute resolution

Within Foreign firms, tier 4

Gide Loyrette Nouel A.A.R.P.I.’s Zheng Yu is an experienced litigator and arbitrator, who has additional expertise in M&A, JVs and FDI. Examples of previous work include acting for a European conveyor belt producer in a dispute with its former Chinese JV partner, and advising a global oil company on a dispute with its Chinese partner over a service-station project in China. It has also advised a luxury-commodity supplier when a senior manager was alleged to be involved in bribery, and a UK fund manager in a criminal fraud case in China. The group also advises in relation to IP, employment, debt recovery, and restructuring and insolvency; and its experience includes Hong Kong and CIETAC arbitration, ADR and mediation. While the firm traditionally acted for French corporates, it has been extending its client base to include a number of Fortune 500 companies as well as other high-profile clients from Europe and China.

China : Intellectual property

Within Foreign firms Other recommended firms

China : Projects and energy

Within Foreign firms, Gide Loyrette Nouel A.A.R.P.I. is a third tier firm,

Gide Loyrette Nouel A.A.R.P.I. has a long history of advising global groups and governments on major projects, PPPs, energy matters and infrastructure transactions, including landmark power projects. The practice advised Air Liquide on a project with Sinopec to establish a gas joint venture. Thomas Urlacher and Yue Liu in Beijing, and Hong Kong-based Rebecca Silli are principal contacts.

China : Real estate

Within Foreign firms, Gide Loyrette Nouel A.A.R.P.I. is a second tier firm,

Gide Loyrette Nouel A.A.R.P.I.’s recent highlights include advising L RealEstate on a project involving a 72,000 sq ft office and retail facility in Shanghai, and the acquisition of a commercial centre and offices in Shenyang. Club Med is another key client; the firm advised it on establishing a high-end resort in China with a Taiwanese partner. Further clients include China Vanke. Former Shanghai partner David Boitout now divides his time between there and Paris, and the Shanghai office also includes Antoine de la Gatinais. Beijing-based Zheng Yu is a further name to note.

China : Tax

Within Foreign firms, Gide Loyrette Nouel A.A.R.P.I. is a second tier firm,

Guo Min leads Gide Loyrette Nouel A.A.R.P.I.’s tax practice in Beijing; she has expertise in customs law, foreign exchange control as well as general corporate and commercial work. The team recently advised GDF Suez on tax structuring and planning in connection with central heating and cooling projects in Chongqing. Other work includes advising Ipsen on the PRC customs and tax implications of the disposal of expired pharmaceutical products. Paris-based Stephane Vernay is also recommended.

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Legal Developments in China

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

  • 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

    In this issue:
    - HFG

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

    In this issue:
    - HFG

  • 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
    - Guantao Law Firm

  • WHD IP Express No.1 2012/11

    CMTO Classification Is Not the Sole Criterion for Assessing the Similarity of Goods and Service
    - Wan Hui Da Law Firm

  • 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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