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Financial Services and Regulation

FAQ on the laws and regulations update in November 2013

FAQ on new roadmap for reform in China which announced by the Third Plenum of the 18th Central Committee of the Communist Party of China (CPC) (Third Plenum)

NDRC Actions Show Broadened Scope of Antitrust Enforcement in China

The Summary on Characteristics of MOFCOM’s Merger Review Activities 

Labeling Products Imported into China

Investment Mis-selling Claims: an Overview of Recent Case in Hong Kong

FAQ relating to Cancellation of MOFCOM Approval for Sino-Foreign Cooperative Petroleum Contracts

The New Rules of Foreign Debt Registration for Foreign Invested Enterprise

MOU-Enforcement cooperation

MOFCOM Cleared Marubeni’s Acquisition of Gavilon with Conditions

FAQ relating to anti-monopoly

Acquisition MOFCOM cleared Glencore’s acquisition of Xstrata with Conditions 

An alternative way to raise capital besides IPO 

Validity of Valuation Adjustment Mechanism ( ”VAM”) Agreement

Competition & Antitrust FAQ

MOFCOM’s promulgation of the Guiding Opinions on Promoting Brand Consumption in China

Competition & Antitrust

Is TRIPS a self-executing treaty?

What happens in a WTO member believes another member has not satisfied the requirements of TRIPS?

What is biopiracy?

Why do the developing nations not protect their traditional knowledge by acquiring patents?

What are gray-market goods?

Are all Gray-Market goods treated the same way under US law?

What are some of the issues associated with choice of forum?

What are generally the three options for choice of law in an international dispute?

What is one major issue to consider when working with sovereign foreign entities?


What are some of the advantages to arbitration over litigation?

How are arbitration awards enforced?

When constructing an arbitration clause in a contract, what are some important items to consider?

Do American courts uphold choice of forum clauses for litigation?

What is the Hague Convention on Choice of Court Agreements?

What are the three common approaches to choice of law issues in international business disputes?


On what three principles is prescriptive jurisdiction based in international law?


What factors determine the choice of law that will be applicable to a given transaction?

What sources of law must be considered in an international transaction?

What is the effect of a free trade area (FTA) agreement?

How does an FTA differ from a customs union?

What is a documentary sales transaction?

What three basic contracts are generally involved in a documentary sales transaction?

What is the effect of a letter of credit?

What is the effect of a bill of lading?

What are the differences between a negotiable and non-negotiable bill of lading?

What is the effect of the various terms (e.g. FOB, CIF, etc.) governing a seller’s shipment obligations?

What are the primary international agreements governing international carriage of goods by sea and air?

Disregarding any insurance, what is the liability of a carrier for damage to goods shipped to or from the United States?

Which party typically pays a tariff?

To which transactions does the CISG apply?

What factors determine the amount of tariff on an import?

Which U.S. laws regulate exports (sanctions) to specified nations or individuals?

Which U.S. laws regulate exports of specific goods?

What test does the U.S. apply (outside of NAFTA) to determine the country of origin of goods containing materials from several different countries?

How is choice of law made for an international contract?

Are parties required to use CISG terms?

How does UNIDROIT differ from the CISG?

What is the difference between a “gap” and “exclusion” when interpreting the CISG?

When does the CISG excuse a party’s performance?

What remedies do parties have under the CISG?

What are the principal sources of letter of credit law?

What is the difference between a straight and a negotiation credit?

How does a transferable letter of credit differ from an assigned letter of credit?

What is the independence principle applicable to letters of credit?

What is the notable exception to the independence principle?

What is the strict compliance principle applicable to letters of credit?

What is a standby letter of credit?

What are the differences between the use of an independent foreign agent and an independent foreign distributorship?

What is the primary downside to exercising a high degree of control over a foreign agent or distributor?

What dangers arise under the FCPA to a seller utilizing foreign agents?

What dangers arise under local employment and agency law?

What are the benefits to a technology transfer agreement over an agency or distributorship?

What is the difference between the examination system used in U.S. patent applications and the registration system used throughout much of the world?

What rights were established by the Paris Convention?

How does TRIPs benefit parties seeking patent, trademark, or copyright protections?

What benefits does the Patent Cooperation Treaty (PCT) offer to those seeking patent protection?

What benefits does overseas franchising offer superior to agencies and distributorships to a company wishing to expand its reputation and brand identity in foreign markets?

Why is a strong franchising agreement important to a business engaging in overseas franchising?

How is FDI distinguishable from agency/distributorship relationships or franchising?

How does FDI offer more IP protection than other forms of oversea operations?

What are the benefits and risks a company takes by merging or acquiring an existing foreign company rather than establishing a “Greenfield” entity abroad?

For what reasons do many developing countries encourage FDI?

What are the sources of international investment law?

What international forum exists for the settlement of international investment disputes?

What common features do bilateral investment treaties provide?

Who is subject to the FCPA?

What is prohibited under the FCPA?

What aspects make the EU an attractive target for FDI?

What aspects make the EU an unattractive target for some FDI?

What factors make China an attractive target for FDI?

What factors make China an unattractive target for FDI?

What form of FDI in China offers the best protection for intellectual property rights?

What makes Brazil an attractive target for FDI?

What makes Brazil an unattractive target for FDI?

What factors tend to contribute to increases in commercial piracy?

In what way has TRIPs been ineffective in protecting intellectual property rights internationally?

Why are TRIPs IP protections controversial in some areas?

What is a grey-market good?

What law makes grey-market goods illegal in the United States?

What are the benefits to arbitration relative to trying a case in an international dispute?

What makes international arbitration legally enforceable?

What clauses should be included in an arbitration clause?

How is a foreign arbitration award enforced in a U.S. court?

What factors can make a choice of forum selection clause unenforceable?

How do courts resolve conflict of law issues between differing national laws in an international case?

What standard is applied to determine whether United States courts have jurisdiction over a given international case or defendant?

When does sovereign immunity affect United States companies doing business with foreign enterprises?

How does the act of state doctrine affect interstate transactions?

In what cases will jurisdiction over a U.S. subsidiary allow for jurisdiction over a parent company in a foreign country?

What responses might a court take in regards to duplicate litigation filed in another country?

How does the Hague Evidence Convention provide for performing discovery on a foreign litigant?

When can a private multinational entity be subject to international human rights laws?

What standards does the Organization for Economic Cooperation and Development provide for?

What principles are promoted by the United Nations Global Compact?

Why is it attractive to multinational enterprises to export their more dangerous and polluting operations to developing countries?

How does the Rotterdam Convention limit the exportation of dangerous substances?

What issues frequently limit the amount foreign investors may be held liable for industrial accidents abroad?

How does the U.S. Alien Tort Statute apply to private entities?

What is the role of the WTO in FDI?

What is the FCPA?

Are there any exceptions to the FCPA?

Do nations regulate FDI similarly?

What are the “four freedoms” in the EU?

Does the EU have any special Rules on Intellectual Property rights?

What are some of the most unique labor issue in the EU?

Do the US and the EU take the same approach to M&A?

What is the impact of FDI on China’s economy?

What are some of China’s rules regarding FDI?

What are the steps for joint venture approval process in China?

How does FDI in Brazil differ from that in China?

What factors have led to the rise in commercial piracy?

What are the major categories of commercial piracy?

Why has counterfeiting become such a lucrative business in China?

Where does the sale of counterfeit goods in China typically take place?

Why has China not cracked down on counterfeit goods?

What have MNEs and governments done about the counterfeiting problem in China?

 Comments of Proposed China Anti-Monopoly Enforcement Guidelines November 2012

Onshore Institutions Issuing RMB Bonds in Hong Kong


Trade and Commodities

FAQs about Financing a China Company

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