Publish time: Tue Nov 27 00:00:00 CST 2012
On November 15, 2012, the Workshop on Legal Issues concerning Chinese Enterprises Going to US for Investment, which was jointly held by Beijing Arbitration Commission (BAC) and Baker Hostetler Law Firm and co-sponsored by Broad & Bright Law Firm, was successfully held in the International Conference Hall of BAC and nearly 100 experts and professionals from governmental departments, enterprises, colleges,universities and law firms attended the Workshop.
After more than thirty years of reform and open-door policy, China has became the world’s second largest economy. There has been an ever-increasing number of Chinese stated-owned and private enterprises going abroad to invest. These enterprises have been encountering a litany of legal problems and challenges that are alien to them. Against such background, this Workshop invited Dr. Elliot J. Feldman, senior partner and national leader of the International Trade Practice of Baker Hostetler, and Mr. David Murphy, First Secretary of Commercial Office of the US Embassy in China, to briefly introduce the legal issues on Chinese enterprises going to US for investment.
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| (Presenter Liu Hongchuan, the lawyer) | (Keynote speaker Mr. David Murphy) |
The Workshop was hosted by Liu Hongchuan, a lawyer and the managing partner of Broad & Bright.. Mr. David Murphy firstly made the speech on “Chinese investment in US”. In the speech, he introduced the overview on the investment of Chinese enterprises in US and briefed US policies on the investment of Chinese enterprises in US. Afterwards, Dr. Elliot Feldman made the introduction on the “Legal Issues and Challenges for Chinese Enterprises Investing in the United States”. In the lecture, he firstly introduced the main reasons for overseas investment, further analyzed how to select the investment projects, pointed out the main elements of the investment projects that US government concerns and how the invested enterprises raise funds. By using diagrams, Dr. Feldman analyzed and reviewed the cases investigated by the Committee on Foreign Investment in the US (CFIUS) in latest three years.He believes that the law represents opportunities, the rule of law stands for foreseeability and provides enforceability and protection; however, it may not be applicable for immature investors. lastly, he concluded in the words of John Kennedy on January 20, 1961: if a beach head of cooperation may push back the jungle of suspicion, let both sides join in creating a new endeavor, not a new balance of power, but a new world of law, where the strong are just and the weak secure and the peace preserved.
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| (Keynote speaker Dr. Elliot Feldman) | (The participants are raising questions) |
The convening of the Workshop coincided with the outcome of presidential election in US. Dr. Feldman had also made the analysis on the possible influence of the new administration on Chinese investment in US. By comprehensively considering multiple cases that attracted wide attention recently such as CFIUS’s disapproval on Sany Group acquiring wind farm near the the military facilities in Oregon, he believes that the Sino-US relationship will continue to revolve around security and trade as the focus.
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| (Workshop site) |
After the speech, Dr. Feldman made extensive and deep discussions with the participants and an audience in Sichuan raised the concerned question to Dr. Feldman by telephone and was replied satisfactorily. The Workshop was a success.
Insisting on independence, professionalism and internationalist, BAC have employed the arbitrators from 16 countries and regions, among whom 17 are from Hong Kong and Taiwan and 81 are foreigners. All of the arbitrators are experts and scholars proficient in laws, specialized in relevant field such as economy and trade and with good integrity and morals. In 2011, BAC had accepted 38 foreign-related cases, with the total amount in dispute equivalent to 2 billion Yuan. For 17 years since its establishment, BAC has rapidly developed into an arbitration commission widely recognized domestically and enjoying certain reputation and influence internationally. On August 1, 2011, BAC set up BAC mediation center which is devoted to provide the high-end business mediation services in alignment with the world. Economist Intelligence Unit appraised BAC as the only local arbitration commission which meets or surpasses global standards. In the future, BAC will continue to convene the workshops on different fields and warmly welcome the professionals all over the world to attend.