Shaun Wu Discusses China’s New Foreign Investment Regime with The Asian Lawyer


April 1, 2019

Publication: Law.com

Shanghai-based Kobre & Kim attorney Shaun Wu recently caught up with The Asian Lawyer to discuss a “major rewrite” of China’s foreign investment laws, which was just passed a few weeks ago and has lawyers divided over whether it is a game-changer for the foreign bar. The new law is a response to the “drawn-out” trade dispute with the US, and forbids forced technology transfer and government interference in foreign business practices.

Mr. Wu discussed how the new law “encourages more inbound investment into China,” potentially leading to both new deal structures and new types of cross-border disputes. “Lawyers could start rethinking deal structures and dispute resolution clauses in contracts,” he said.

Ultimately, Wu calls the law “a positive step” that “improves transparency,” considering how foreign investors might benefits from the establishment of a formal process for national security system, adding predictability to the process.

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