BEIJING OFFICE UPDATE services from both groups. Johnson Tan, - PDF document

APRIL 2004 businesses in China. At the same time, more and more Chinese companies than 150 guests including clients and friends of the Firm as well as partners from Jones Day’s offices in Shanghai, Hong Kong, Taipei, Singapore, Tokyo, London and Washington DC. Jones Day’s worldwide Managing Partner, Stephen J. Brogan, who came to Beijing to preside over the Opening Ceremony, remarked that “The rapid growth of China’s economy has captured the attention of the whole world, and the improved investment and financial environment has led many foreign companies to expand their are entering international markets, leading to an increased demand for legal BEIJING OFFICE UPDATE services from both groups.” Johnson Tan, formerly head of the Jones Day litigation group in Hong Kong, is the Partner-in-Charge of Jones Day’s new Beijing office. Johnson focuses on dispute resolution, particularly China-related matters. An increasing part of his practice relates to advising on joint venture and investment disputes, fraud, and risk avoidance in China. Johnson is a CIETAC Arbitrator and is a Fellow of the Chartered Institute of Arbitrators. He is co-author of the China section of The International Comparative Legal Guide to International in the Great Hall of the People in Beijing. This event was attended by more On December 4, 2003 we held our formal Beijing Office Opening Ceremony Arbitration 2004. JONES DAY UPDATE – PEOPLE AND EVENTS CONTENTS Jones Day Update – People and Events 1 A Glass Still Filling Up – China’s WTO Compliance 3 The Complete Opening of the Infrastructure Construction Investment Market in Beijing 5 New Provisions in Respect of the People’s Court Dealing with Foreign Related Arbitrations and Foreign Arbitrations, Issued by the Supreme People’s Court (Consultation Paper) December 31 2003 6 • •

2 already been occurring in recent years with the CBD worked for seven years as a Case Administrator and Bar in 2003. Prior to joining Jones Day, Jessica School of Law. She was admitted to the New York and holds an LL.M degree from Columbia University the University of Business and Economics in Beijing 2003. Jessica graduated from the School of Law of Jessica Fei joined the Beijing office on September 12, and other real estate projects in Beijing. work beyond the rapid pace of development that has and coordinated about 200 international arbitration market for construction and infrastructure-related of the Beijing Olympics in 2008 makes a very large ture development that is taking place in anticipation practice in Greater China. In particular, the infrastruc- help us to develop the construction and engineering has relocated to the Beijing office. Ashley’s move will Ashley Howlett, a partner from the Hong Kong office, construction projects. Research Fellow at CIETAC where she supervised cases and drafted more than 100 arbitral awards. companies, practical experiences of foreign contrac- such as BOC (Hong Kong) and China Unicom as LL.M. degree from the School of Law at the University China and at the head office in the UK. Jeanne has a multinational corporation, where she worked both in rate counsel for the legal department of a well-known 2004. Jeanne previously worked as a senior corpo- Jeanne Kang joined the Beijing office on April 1, Construction Bank. well as well as working on the restructuring of China ing issuers or underwriters in significant public listings, She also worked as International Case Manager for acquisitions. She has been involved in represent- non-performing loans, securities and mergers and Davis School of Law. Isabelle’s practice encompasses She has an LL.M. from the University Of California with her many years of experience working in China. 2004 from a well-respected PRC law firm and brings Isabelle Lin joined the Beijing office on January 12, American Arbitration Association. the International Center for Dispute Resolution of the a PRC-qualified lawyer. Her practice covers general tors in China and common legal issues arising on real estate and construction projects such as Beijing Betty Chen joined the Beijing office as Business People’s Congress for five years. China. She was a member of the 11 th Beijing Municipal ing foreign contractors and consultants on projects in management experience and is accustomed to advis- Beijing Go-Tech Building. Judy has practical project Tianjin Winson Plaza, Beijing TianZhao JiaYuan and Oriental Plaza, Beijing Finance Street B7 Project, and dispute resolution services. Judy was involved in 2003. Betty was formerly Director of Communications ing on construction contract, project management 2003. Judy was formerly a PRC-qualified lawyer focus- Judy Dong joined the Beijing office in November lawyer for many foreign-related projects in China. and international transactions and has been the lead been involved in many multimillion dollar, domestic, ing foreign direct investment into China. Jeanne has corporate, commercial, and M&A transactions, includ- regulations, the entry requirements for foreign Development Manager and Government Liaison in July for the State Council’s Hong Kong and Macau Affairs industry. Topics discussed included China’s laws and ronment in China as it relates to the construction to inform foreign companies of the regulatory envi- Beijing on March 17. The seminar was designed Jones Day organised a construction seminar in Office leading up to and after the hand-over of Hong arbitration. Wuhan. The conference focused on construction spoke at a conference organized by CIETAC in On February 28, Johnson Tan and Ashley Howlett the Kennedy School of Government at Harvard. School of Law and Diplomacy at Tufts University and Kong and Macau. Betty is a graduate of the Fletcher of Business and Economics in Beijing and was formerly • • • • • • • •

3 seminar in conjunction with the China Association the financing and development of international and construction companies better understand East Asia with a view to helping Chinese design the United States, the Middle East, India and South discussed international construction projects in of International Engineering Consultants. This forum speakers included Ashley Howlett and Mason Cargill On April 27, Jones Day hosted a construction infrastructure investment in China. and construction opportunities connected with nizer Messe München GmbH, focused on real estate held in China by the Munich-based trade fair orga- construction and engineering projects. Jones Day as well as Emad Khalil and Bruce Schulberg from A GLASS STILL FILLING UP – CHINA’S WTO industry internationally and has over 1,000 member by Chen Jian, a director of CIETAC, as well as other arbitration of disputes in China and will be joined Projects Superconference in London. He will discuss On May 18, Ashley Howlett is speaking at the Global Summit in Beijing on April 15 and 16. all delegates at the McGraw Hill Global Construction companies. The April magazine was handed out to magazine. CICA represents China’s construction Jones Day’s Singapore office. Pat Powers, the Director International Contractors Association’s monthly practice appeared in the April edition of the China A feature article on Jones Day’s China construction Co. from Dubai. also spoke, as did Herb Wolfson, a partner in Ferris & of China operations for the US China Business Council in Shanghai on April 21. This convention, the first Shanghai office, spoke at the ExpoReal Convention Ashley Howlett and Mason Cargill, from Jones Day’s In assessing China on its second anniversary under the WTO, For newcomers like China, the world’s largest country with success or failure of the WTO. light, increased trade is the ultimate basis for measuring the pete with and balance local and bilateral interests. In this guidelines that are as open as reasonably possible to com- manage the interests of multilateral trade by establishing one needs to remember the purpose of the WTO. It is to half-full. under these guidelines needs to include a discerning look have been made in thorny areas such as transparency — has been lost — half-empty. Another thinks notable successes One diplomat thinks the momentum gained by WTO access on who is doing the viewing, is either half-empty or half-full. seems condemned to be compared to a glass that, depending Based on the analogies being offered once again, China COMPLIANCE proportionate administrative demands, evaluating success at the circumstances the country faces today. International trade with China this year is as good as it has ever been. imports from the US for optical and medical equipment is on again. China to the US — based mostly on a fracas over textiles — first half, while a postponed agricultural buying mission from oilseeds or soybeans to China ballooned 180 per cent in the cultural imports from the US are thriving. Exports of US jumped 82 per cent in the first half of this year. China’s agri- According to China’s General Administration of Customs, integrated circuits and microelectronics. billion. China’s top two imports were in information technology: exporting powerhouse’s trade surplus at a healthy US$4.5 were up 45 per cent in the first half of this year, keeping the figures on export-fuelled growth. China’s global imports Statistics on global trade with China spill beyond familiar Jones Day partners. • • • •