On april 16, china news agency beijing (zhou xinjun) organized by the centre for public policy and research of the chinese university of political science and law, xiamen ji-kook, a conference on “legal protection of enterprises abroad — experiences and lessons in overseas dispute resolution for chinese enterprises” in beijing。
Kang qingjiang, dean of the faculty of international law of the chinese university of political science and law, reminds companies of the political risks involved in “going out”. “commercial risk means much profit, at least not loss of principal, but political risk does not make it more or less difficult to do so.”
Kong qingjiang stated that enterprises should choose countries where the rule of law was sound, property rights were adequately protected and the court system was relatively clean to invest or buy, and that care should be taken as to whether the other side's concerns were based on national security during the process。
“the success of the project was due to the desire to communicate adequately with the foreign investment commission of the united states and to employ a large number of former ibm executives to convince them that the acquisition would not affect the national security of the united states.”
The royal chartered arbitrator and the director of the international arbitration commission of the china national commission of the international chamber of commerce, tanchon, analysed the possible triggering of the dispute from the three stages before, during and after the signing of the equity agreement by the enterprise. He stated that the difficulties faced by overseas mergers and acquisitions were diverse and that it was important to be proactive in order to prevent the project from being turned from a “gold chicken” to a “bottomless hole” as a result of missing links。
The meeting was chaired by private ho, professor at the university of political science and law of china, and included a full range of statements by arbitrator finning of the singapore international arbitration centre, arbitrator xing shuxong of the hong kong international arbitration centre and arbitrator li hong jiu of the china international economic & trade arbitration commission, on the topics of dispute resolution, arbitration decisions, normative legal language and legal awareness-raising. (concluded)
