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Clifford Chance LLP

ROOM 3326 CHINA WORLD TOWER 1, NO 1 JIANGUOMENWAI DAJIE, BEIJING 100004, CHINA
Tel:
Work +86 10 6505 9018
Fax:
Fax +86 10 6505 9028
Email:
Web:
www.cliffordchance.com

China: Banking and finance

Foreign firms
Banking and finance: foreign firms - ranked: tier 1

Clifford Chance LLP 高伟绅律师事务所

Clifford Chance LLP has experienced a number of changes with Timothy Democratis being promoted to partner, Beijing-based China private equity head Terence Foo and Tim Wang being elected co-managing partners of the mainland China offices, and Maggie Lo relocating from Beijing to Hong Kong. Former mainland China managing partner Stephen Harder retired from the firm after 20 years; former counsel Paul Wee Ei Don joined Norton Rose Fulbright’s Beijing office as partner; and former associate Priscilla Chen joined Ashurst in Hong Kong as counsel. Jiahua Ni, who divides his time between Shanghai and Beijing, focuses on significant outbound financings for major Chinese banks, including export credit, project, structured and general corporate finance.

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China: Corporate and M&A

Foreign firms
Corporate and M&A: foreign firms - ranked: tier 1

Clifford Chance LLP 高伟绅律师事务所

Clifford Chance LLP is highly rated for groundbreaking transactions for international and domestic businesses. The M&A team is experienced in advising on private deals and public transactions, whether inbound, outbound, domestic or multi-jurisdictional; it is also able to draw on experts from its regulatory, antitrust, anti-corruption, IP, finance, funds and capital markets practices. Beijing-based China private equity head Terence Foo and Tim Wang, who is particularly active in advising large Chinese SOEs on their overseas listings and outbound investments, were elected co-managing partners of the firm’s mainland China offices, succeeding the retired Stephen Harder; former Hong Kong-based Asia Pacific M&A head Roger Denny also retired. M&A highlights included Foo leading the advice to COFCO International on the successful closure of its $750m acquisition of the remaining 49% stake in global agricultural trading and processing platform, Noble Agri. He also advised State Grid Corporation of China on the establishment of a Russian joint venture company with JSC Rosseti, Russia’s largest power grid company; the joint venture will invest in the construction, renovation and subsequent operation of electrical grid facilities. Shanghai-based Glen Ma advised China Minsheng International on its $2.2bn offer to acquire Sirius International Insurance Group from White Mountains Insurance Group. In the same office, Kelly Gregory is experienced in M&A and joint venture transactions in the consumer goods, technology, automotive, aviation, industrials and energy sectors. Beijing-based Ying White heads the funds and investment management group in China and Jean Yu specialises in Hong Kong securities law issues, particularly including Hong Kong IPOs and other equity-related transactions. Emma Davies, who splits her time between Hong Kong and Shanghai, heads the corporate practice in mainland China and its healthcare and life sciences group in Asia; her experience includes acting for insurance clients on their investments.

Leading individuals

Glen Ma - Clifford Chance LLP

Kelly Gregory - Clifford Chance LLP

Next generation lawyers

Yan Yuan - Clifford Chance LLP

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China: Dispute resolution

Foreign firms
Dispute resolution: foreign firms - ranked: tier 4

Clifford Chance LLP 高伟绅律师事务所

Clifford Chance LLP’s Asia litigation and dispute resolution head Matthew Newick, who splits his time between Hong Kong and London, specialises in commercial dispute resolution and regulatory enforcement, particularly in complex, cross-border disputes and financial services investigations. Cameron Hassall in Hong Kong is recommended for Asia-related international arbitration and litigation; he particularly stands out for cross-border investment, joint venture and shareholder disputes in the energy and infrastructure, private equity, aviation and banking and financial institution sectors.

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China: Employment

Foreign firms
Other recommended firms - ranked: tier 1

Clifford Chance LLP 高伟绅律师事务所

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China: Intellectual property

Foreign firms
Other recommended firms - ranked: tier 1

Clifford Chance LLP 高伟绅律师事务所

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China: Private equity/venture capital

Foreign firms
Private equity/venture capital: foreign firms - ranked: tier 1

Clifford Chance LLP 高伟绅律师事务所

Clifford Chance LLP’s practice is highly recommended for LBOs, MBOs and public-to-private matters; it also handles PIPEs, pre-IPO and cornerstone investments, as well as senior, mezzanine and high-yield financings and venture capital work. The team advised CVC Capital Partners on its disposal of Education International Cooperation Group to a consortium. Beijing-based Terence Foo heads the private equity practice in mainland China.

Leading individuals

Terence Foo - Clifford Chance LLP

Next generation lawyers

Hong Zhang - Clifford Chance LLP

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China: Projects and energy

Foreign firms
Projects and energy: foreign firms - ranked: tier 1

Clifford Chance LLP 高伟绅律师事务所

Clifford Chance LLP is primarily instructed by Chinese banks on complex outbound matters, with a particular strength in offshore power projects. Practice head Jiahua Ni, who divides his time between the Beijing and Shanghai offices, led advice to a six-strong syndicate of Chinese and African banks on the $825m financing of the construction and operation of a 300MW coal-fired power plant and coal mine in Zambia. Ni has also been advising Hydro Power Lower Sesan 2 as the project company on the $700m financing of a 400MW hydropower dam in Cambodia; the client is a joint venture between Cambodian conglomerate Royal Group and Hydrolancang International, which is a subsidiary of the SOE China Huaneng Group. The team saw a number of changes in 2016 with Stephen Harder’s retirement and Timothy Democratis’ relocation to Beijing.

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China: Real estate and construction

Foreign firms
Real estate and construction: foreign firms - ranked: tier 2

Clifford Chance 高伟绅律师事务所

Clifford Chance excels in real estate-related M&A, joint ventures and IPO work, regularly advising Chinese clients on investing in European assets. On the inbound side, the group specialises in handling logistics and TMT-related development matters. Beijing partner Terence Foo advised Standard Chartered Bank Principal Finance Real Estate (SCB PFRE) on its $73m investment in Chayora Holdings, a Chinese data centre project developer and operator. Hong Kong-based Matthias Feldmann and Dauwood Malik head the practice, which also includes corporate partner Kelly Gregory in Shanghai and funds and investment expert Ying White in Beijing.

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Further information on Clifford Chance LLP

Please choose from this list to view details of what we say about Clifford Chance LLP in other jurisdictions.

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Australia

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Algeria

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France

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Hong Kong

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Indonesia

Latin America: International firms

India

Iraq

Italy

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Japan

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London

Offices in London E14 and London EC2R

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Netherlands

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Philippines

Poland

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Qatar

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Asia Pacific: Regional international arbitration

Romania

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Russia

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Singapore

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South Korea

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Thailand

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Tunisia

Turkey

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United States

Offices in Washington DC, New York, and Menlo Park

Legal Developments by:
Clifford Chance LLP

Legal Developments in China

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • What is the relationship between PPP and concessions?

    From fledgling concessions to PPP that is sweeping the country today, there are two major sets of regulations to be followed: one being regulations for concessions led by the National Development and Reform Commission (“NDRC”) and the other the series of regulations for PPP led by the Ministry of Finance (“MoF”).  However, to date, there is still not one law that expressly defines the relationship between the two, resulting in much confusion and many impediments in practice.  The relationship between concessions and PPP is an issue currently desperately needing clarification.
  • Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Concilia

    The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.  Read more
  • Impact of Article 43 of the Commercial Bank Law on PPP Projects

    With the widespread use of the PPP model in China, financing channels for PPP projects have also increasingly diversified.  Bank, trust, fund and insurance channels of capital have all rushed onto the stage of project financing. Subject to Article 43 of the Commercial Bank Law, banks, as the traditional big brother of financing, have always played the role of lender.  In practice, the opinions as to whether they can participate in the bidding on, and contributing capital to, PPP projects as private investors have been mixed.
  • A LOOK BACK AND THOUGHTS ON PPP LEGAL PRACTICE IN CHINA IN 2015

    The current PPP tide in China driven by the Ministry of Finance and the National Development and Reform Commission witnesses the transformation and upgrading of large state-owned enterprises.  These enterprises that have traditionally only been familiar with bid invitation, bid submission, and construction, have started to have an impact on numerous new areas such as project proposal and planning, company establishment and acquisition, fund establishment and operation, etc.  Certain state-owned enterprises that got their starts fairly early have cultivated teams with extensive experience in investing, and certain enterprises that are just starting up are selecting young talent from various entities in all out effort to catch up.  Private enterprises also participate enthusiastically.
  • Transfer Pricing – New Risks in Declaring Price Impact of Special Relationship to China Customs

    China Customs recently requires that the importer or exporter of record declare the impact on the import or export price of its special relationship with the counterpart (“Price Impact”). Specifically the declaring party must state whether its special relationship, if any, would affect the transaction value or price as declared to the China Customs. Previously the special relationship was an item of declaration subsequent to a specific request from the Customs. However, the impact of the special relationship was not an item of declaration, and the declaration party even had a general defense right to disprove such Price Impact. The Price Impact, if any, has been a pre-condition for  the Customs not to accept the declared transfer price for the purpose of ascertaining dutiable price of a given import or export shipment, in which case, China Customs shall re-value the given shipment according to China customs valuation rules.
  • New China Customs Taxation Policy on Cross-Border B2C E-Commerce Imports

    The Ministry of Finance, General Administration of Customs and State Administration of Taxation of China jointly issued a circular (“Joint Circular ”) relating to the taxation policy on the cross-border e-commerce retailing imports, with effect as from April 8, 2016.
  • ICC and CIETAC Arbitration Practice Comparison - Case Study Note 1

    One of the most important negotiated points by parties in contract negotiations is the dispute resolution clause. If parties agree on arbitration, they often negotiate which arbitration institution or arbitration rules will apply in resolving potential disputes.
  • Interpretation of New Anti-monopoly Provisions in the Field of Intellectual Property Rights:

    Ren Qing and Wu Peng, Partners in Zhong Lun Law Firm
  • POTENTIAL CHANGE OF CHINA’S FOREIGN INVESTMENT LAWS AND ITS EFFECT ON VIE STRUCTURES

    By Steve Zhao
  • Zhong Lun Advises Chinese Consortium on $1.9 Billion Acquisition of OmniVision Technologies, Inc.

    On April 30, 2015, OmniVision Technologies, Inc. (OVTI, a Delaware company listed on NASDAQ) announced that it has entered into a definitive agreement to be acquired by a consortium composed of Hua Capital Management Co. Ltd. (“Hua Capital Management”), CITIC Capital Holdings Limited (“CITIC Capital”) and GoldStone Investment Co. Ltd. (“GoldStone Investment”) (collectively, the “Consortium”). Under the terms of the agreement, OmniVision stockholders will receive $29.75 per share in cash, or a total of approximately $1.9 billion. The agreement was unanimously approved by OmniVision’s Board of Directors.