In times of crisis you need advisors who can help you ride out the storm, and help you find strategic, commercial solutions to keep your projects on track.
On Monday, China’s National Development and Reform Commission (NDRC), Ministry of Commerce (MOFCOM), Ministry of Foreign Affairs, People’s Bank of China, and the All China Federation of Industry and Commerce announced a rule, for the first time, to regulate private companies’ overseas investments and operations. NDRC and MOFCOM are required to guide POEs in implementation of the new rule.
In the release of the new rule, there are two highlight requirements:
It is important to note that at this stage, there is no clarification on:
As it stands, below are some of the direct impacts on POEs:
We will be keeping a close eye on further developments and aim to keep you apprised. If you have any questions regarding the new rules as it stands, please feel free to contact Wang Yi.
Inevitably and like every sphere of normal life, existing dispute resolution proceedings, whether in national courts or arbitration, are already experiencing the impact of the COVID-19 outbreak. Where possible, hearings have been delayed or relocated. However, as the lockdowns extend for the foreseeable future, hearings will still need to be held. Many national courts and arbitral institutions are now alive to these issues and are looking at solutions, in particular technological ones.