“Fork in the Road” (“FITR”) clauses, included in significant investment treaties, “provide that the investor must choose between the litigation of its claims in the host State’s domestic courts or through international arbitration and that the choice, once made, is final”.[1]  Hence, the fork in the road clauses result in that

Foreign investor seeking to exit from its foreign invested enterprises (including joint venture companies and wholly foreign owned companies) (“FIE”) in China may consider transferring all its shares in the FIE to others, requesting the FIE to return capital by reducing the FIE’s registered capital or voluntary dissolution of the FIE. This article

Bo Hu

On March 15, 2019, China’s national legislature, the National People’s Congress passed the Foreign Investment Law (the “Law”), a landmark legislation that will provide stronger protection and a better business environment for foreign investors. The Law will take effective on January 1, 2020. Upon its effectiveness, the Law will replace China’s current foreign

Simon Li, Susie Shi

In the Year 2018, China has promulgated a series of new regulations and policies in relation to foreign investment, which indicates the government’s determination to further expand market opening-up, attract foreign investment and inject new impetus into market competition and innovation.

Set forth below is a timeline of the major foreign

  Authored by Simon Li (lixiameng@anjielaw.com) and Bo Hu (hubo@anjielaw.com) at AnJie Law Firm

Over the Year 2016, the Chinese government has overhauled its regime of administration over foreign direct investment (“FDI”) by promulgating a series of amendments to laws and new regulations to introduce a record-filing process to replace the pre-approval process,

Authored by REN Gulong(rengulong@anjielaw.com) at AnJie Law Firm 

The State Council, China’s cabinet, released on 18 November 2014 a List of Investments That Requires Governmental Approval (2014 version) dated 31 October 2014 (“2014 List”).  The 2014 List provides a much shorter list of investments projects needing government approval.

 

In the 2014 List, except for investments in sensitive countries or regions or investments in sensitive industries, which are still subject to approval by National Development and Reform Commission (“NDRC”), no governmental approval will be required for any outbound investment (“ODI”) by Chinese investors. Filing with NDRC will be required for any outbound investment above US$ 300 million

Continue Reading China Loosens Outbound Investment Control

Recently it was reported in the financial news that the China Insurance Regulatory Commission of the State Council (CIRC) had allocated RMB200 billion to carry out a pilot investment program for funds held by insurance companies. The RMB200 billion has been equally invested across infrastructure projects and other equity investments.

Continue Reading Insurance Funds in China Expand toward Equity Investments