On May 23rd, amendments to legislation came into effect in Hong Kong, allowing foreign companies to re-register in this special administrative region of China. Now, Russian entrepreneurs seeking an alternative to “unfriendly” jurisdictions can consider Hong Kong alongside the UAE, Mauritius, or Seychelles.
Choosing a jurisdiction for resolving disputes with Chinese counterparts is a complex task, requiring careful analysis of numerous factors, including the enforceability of a judgment and the specific legislation of both countries. Kommersant Publishing House asked Chuck Peng, Head of KKMP China Desk, where businesses turn to resolve disputes arising from Russian-Chinese contracts.
Recently, Russian companies have begun to consider China as a venue for resolving international commercial disputes. However, despite the attractiveness of the prospect of a swift and efficient hearing, the cost of international arbitration in China remains a relevant issue.
Russian-Chinese relations are actively developing, marked by increasing trade volumes and large-scale joint projects in energy, logistics, and the digital economy. This trend naturally creates a growing need for high-quality legal support at all stages of cooperation.
On April 25, an article appeared in the Kommersant newspaper noting an increase in demand for services from large Russian banks not only from Chinese citizens, but also from companies. New individual clients are attracted by, in particular, favorable deposit and savings account offers, while companies are drawn to convenient settlement and cash services. This increase in demand for services from Russian banks is linked to the growing economic interaction between the two countries.
Since 2022, the Chinese market has become increasingly attractive to Russian companies. While previously, large state-owned companies were primarily working with China, now firms from a diverse range of sectors – from energy to electronics – are showing interest. However, doing business in China is not easy.
Conducting business with Chinese partners requires a careful approach, taking into account the specificities of Chinese law, negotiation culture, and potential legal risks. In an interview with the analytical portal Pravo.ru, as part of its ongoing research on China, KKMP’s Head of China Desk, Chuck Peng, discussed what Russian businesses should pay attention to when entering into transactions with Chinese counterparts.
In a special edition of Pravo.ru, experts analyzed current trends and features of the Chinese legal market, a complex and dynamic system that is strict both in terms of rules and scale of activity.
As businessmen in many countries, Memoranda of Understanding (MOU) and Letters of Intent (LOI) are often used by Chinese companies and businessmen. However, the Chinese use of MOUs and LOIs and the Chinese rules governing these legal documents are so different that they can cause major problems when doing business with China. Below are the key points to consider when signing a MOU/LOI.
On November 13-15, Kazan hosted the II Russian-Chinese Rostki Business Forum, a unique platform for strengthening and developing Russian-Chinese trade relations.
For various reasons, China’s distinctive venture capital market has uncommon legal instruments. One such instrument is the Valuation Adjustment Mechanism (VAM), which permits to formalize the relationship between venture capital investor, target company and its founder, so that the financial performance of the company would provide additional benefits to the investor or founder.
On September 3rd, ICC Russia International Trade Day took place in Vladivostok. KKMP China Desk Head Senior Associate Chuck Peng participated in the special panel "Pivoting East: New Horizons for Dispute Resolution and Investment Protection" and gave a presentation on arbitration in China.
On August 24th, the annual Taiyandao Business Conference was held in Harbin with more than 1 000 participants including Chinese officials, businessmen, industry experts and other attendees. KKMP China Desk Head Senior Associate Chuck Peng spoke at the conference in a panel on the digitalization of state-owned enterprises with a presentation on how legal services help Chinese enterprises to effectively invest in Russia.
Vladimir Putin's visit to China, the first foreign visit by a Russian President since taking office, is in full swing. The Russian and Chinese leaders emphasized the importance of developing a comprehensive partnership between the states in the sphere of trade, in particular the need to strengthen cooperation between banking institutions and payment systems, and announced the expansion of joint projects in the hydrocarbon and nuclear energy sectors.
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