The Legal 500

Holman Fenwick Willan LLP

ROOM 901, CHINA INSURANCE BUILDING, 166 EAST LU JIA ZUI ROAD, PUDONG, SHANGHAI 200120, CHINA
Tel:
Work +86 21 2080 1000
Fax:
Fax +86 21 2080 1177
Web:
www.hfw.com
Sydney, Singapore, Shanghai, Sao Paulo, Rouen, Piraeus and 8 more

The firm

Holman Fenwick Willan is an international law firm advising businesses engaged in all aspects of international commerce. With offices in Asia-Pacific, South America, Europe and the Middle East, the firm has built a worldwide reputation for excellence and innovation and has focussed the development of its capabilities in the following core sectors: aviation; construction, engineering and infrastructure; commodities; energy; finnancial institutions; insurance and reinsurance; logistics; mining; ports and terminals; real estate; shipping; space; superyachts; travel, cruise and leisure.

The firm aims to deliver a practical and commercial response to the legal requirements of businesses throughout the world. The firm has the capability to assist clients with their legal requirements for the following key reasons: international reach; in-depth sector expertise; balance between transactional and dispute resolution capability; integration of our practice areas.

The Shanghai office opened in 1999 and has an active shipping, finance, commodities, international arbitration, joint venture and inward investment practice. The office works closely with the firm’s Hong Kong, Singapore and Australian offices to service its clients’ business needs in the PRC and throughout the Asia-Pacific region.

Areas of practice

Admiralty, collisions and salvage; oil pollution; shipping litigation; marine insurance; charterparties; bills of lading and cargo claims; MOA and shipbuilding disputes; commodities and international trade; construction; dispute resolution; international arbitration; mediation; corporate finance; ship finance; projects; banking; insurance and reinsurance; oil, gas and energy; utilities and telecoms; commercial fraud; insolvency and corporate restructuring; real property; intellectual property.

Languages
English
Cantonese
French
Mandarin
Portuguese
Shanghainese

Other offices
London
Paris
Rouen
Brussels
Geneva
Piraeus
Dubai
Hong Kong
Singapore
Melbourne
Sydney
Perth
Sao Paulo

Number of lawyers 449

at this office 12

Above material supplied by Holman Fenwick Willan LLP.

Legal Developments by:
Holman Fenwick Willan LLP

  • Business interruption insurance: importance of understanding cover

    Business interruption insurance is often a key component of a company’s business continuity plan. The insurance is designed to compensate an insured for the financial effect of the interruption or interference to that business as a result of physical damage to an insured property or other key external events, such as damage at a supplier’s or customer’s premises. The intention is to restore the business to the same financial position as if the loss had not occurred, subject always to the terms and conditions of the policy. 

    - Holman Fenwick Willan

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.
  • 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.
  • 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.
  • 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.
  • 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
  • WHD IP Express No.1 2012/11

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

    Neoplan Loses an Important Infringement Lawsuit Due to Invalidation of it's Design Patent
  • 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.