Chinese Business Law

Introduction

Why study about Chinese Business Law?

Whereas the remarkable transformation of the Chinese economy over the past four decades is visible and has been extensively commented upon at the global level, the profound change of the Chinese legal system and its impact on foreign business are mostly neglected. An obstinate stereotype is that China is a lawless country or that personal relationships always precede over the law. In reality, China has developed a rather sophisticated and modernized legal regime which affects a wide spectrum of the Chinese society, as well as the operation of foreign business in a significant way.

The Foreign Investment Law promulgated in 2019 introduces a novel system that grants foreign investors national treatment at the pre-establishment stage with a negative list, which means that foreign investors can establish their business in the same way as Chinese domestic companies do, unless in the prohibited or restricted sectors explicitly provided in the list issued by the central government. The Law is estimated to attract more foreign investment into China, while currently China is already the world’s second biggest host state of foreign direct investment. At the same time the Belt and Road Initiative has resulted in more Chinese outbound investment in Europe, collaboration and competition between European and Chinese businesses are intensifying. Both the EU and China are employing legal instruments to screening foreign investment. Legal controversies are abundant nowadays. The current debate on granting the Dutch company ASML an export license to sell its advanced semiconductor equipment to China, and permitting Chinese telecom giant Huawei to install 5G wireless network in the Netherlands, are two recent examples.

In the EU’s Strategic Outlook in 2019, China is identified as ‘an economic competitor in the pursuit of technological leadership, and a systemic rival promoting alternative models of governance’. Given that China’s regulatory and governance models are considerably different from the EU’s, there is a dire need within the EU to comprehend the Chinese legal system. This puts professional learning on Chinese business law in Europe a much needed and timely endeavour. This executive course on Chinese Business Law provides a unique opportunity to comprehend how law matters for foreign businesses in China’s ever-changing political, economic and societal contexts.

Programme

Who is this course for?

Aiming to attract a wide range of audience, this course is designed for in-house counsels, corporate managers, lawyers, professionals working at consultancies and think-tanks, as well as policymakers at national and international institutions, all of whom are involved with China-related work or are simply interested in gaining critical insights on the practice and context of Chinese business law.

What will you learn?

  • Enrich knowledge on the Chinese legal regime, especially on the key areas of business law pertaining to foreign investment.
  • Gain critical insights of the complexity of law enforcement and how to avoid legal risks.
  • Learn strategies in selecting dispute settlement options.
  • Sharpen awareness on the localization of foreign business from good practice.
  • Exchange experiences with peers and extend professional network.

Subjects

The course has a duration of six days, divided up in three consecutive two-day sessions. Participants will learn about the following subjects:

Session 1

Session 2

Session 3

18 June 2020
The dragon’s awakening: dynamics and risks of the economic, legal and political landscape in China’s reform era.

19 June 2020
Experience and trend of foreign investment law: a holistic understanding of the regulatory regime on foreign investment.

 

24 Sept. 2020
Distinctive features of contract enforcement in China: cases and lessons to be learned.

25 Sept. 2020
Corporate governance: transplantation from the West, localization and its impact on foreign investment.
Protection of intellectual property: an evolving mission with intertwined economic, cultural and legal complications as well as external pressures.

19 Nov. 2020
Settlement of investment disputes: China-related cases, China’s stance on reforming investor-state arbitration, and the EU-China Comprehensive Agreement on Investment

20 Nov. 2020
Settlement of commercial disputes: innovations and limitations of the flourishing market of mediation, arbitration and litigation.


Upon completion of the program, participants will receive a certificate per session. Furthermore, participants are eligible for PO points as assigned by the NOvA.

Start dates and fees

Session one: June 18-19
Thursday: 16.00 – 20.00
Friday: 09.00 – 16.00

Session two: September 24-25
Thursday: 16.00 – 20.00
Friday: 09.00 – 16.00

Session three: November 19-20
Thursday: 16.00 – 20.00
Friday: 09.00 – 16.00



Each session will take place on Thursday afternoon, followed by a dinner, and Friday morning and afternoon. A hotel booking close by the campus can be arranged upon request.

The tuition fee for the whole program is EUR 4.000. Participants can also choose to register for separate sessions. In that case, the half day is 500 EUR and the full day is EUR 1.000.

Lecturers

Prof. Dr. Yuwen Li

Yuwen Li is professor of Chinese Law and the Director of the Erasmus China Law Centre at Erasmus University Rotterdam in the Netherlands. Professor Li holds a BA in Chinese Law from Peking University, an MA in International Law and International Relations from the Institute of Social Studies in the Hague, and a PhD in International Law from Utrecht University, the Netherlands. She has acted as co-director of numerous legal collaborative projects on training Chinese judges, public prosecutors, lawyers and NPO practitioners, with Chinese institutions, such as the National Judges College, the Supreme People’s Procuratorate, the Ministry of Civil Affairs in China, Institute of Law of Chinese Academy of Social Science, Chinese University of Politics and Law, etc. In 2019, she just completed her leadership in the project on reforming the investor-state dispute settlement system in the context of the EU-China bilateral investment treaty negotiations: European and Chinese perspectives. The project was funded by the Netherlands Royal Academy of Sciences. Professor Li has supervised a number of Chinese PhD candidates who conduct comparative legal studies in the field of investment law, company law, criminal law, environmental law and arbitration law. She has broad academic interest in Chinese law in general, with specialization on the judicial system, dispute settlement, foreign investment law and company law. Her recent publications include: China, ​ the EU and International Investment Law: Reforming Investor-state Dispute Settlement (eds.), (UK: Routledge, 2019). The Judicial System and Reform in Post-Mao China: Stumbling towards Justice (UK: Ashgate, 2014). Professor Li is the co-founder and Chairperson of the Netherlands China Law Association. She also serves as a member of China Committee of the Royal Netherlands Academy of Sciences. She is the Erasmus University Rotterdam's China Ambassador. She is on the panel list of Arbitrators on the Shenzhen Court of International Arbitration, Jinan Arbitration Commission, the International Arbitration Court in Ganjiang New District in the People’s Republic of China.

Dr. Cheng Bian

Dr. Cheng Bian is an academic researcher at Erasmus School of Law, Erasmus University Rotterdam, the Netherlands. Dr. Cheng Bian obtained a bachelor degree in Chinese law and a master degree in international economic law from Zhongnan University of Economics and Law, China. He holds a PhD from Erasmus University Rotterdam, the Netherlands, where he defended his doctorate thesis titled ‘National Security Review Regimes of Foreign Investment: A Comparative Study in China, the US and the EU’. Dr. Cheng Bian’s recent publications include: China, the EU and International Investment Law: Reforming Investor-state Dispute Settlement (eds.) (Routledge, 2019), and National Security Review of Foreign Investment: A Comparative Analysis of China, the United States and the European Union (Routledge, 2020). Dr. Cheng Bian passed the Chinese state judicial examination in 2012 and is a qualified lawyer in mainland China.

Enrolment

To sign up for the course, please fill in the following form:

Should you have any questions about the content of the course, you can contact Dr. Cheng Bian on tel: 06 2895  7231 for more information.

Location

The Chinese Business Law course will take place on the Erasmus University Woudestein campus in the Polak Building. Participants will be notified of the classroom upon enrollment.

Adress

Burgemeester Oudlaan 50, L 5.10 (Sanders gebouw), Postbus 1738, 3000 DR, Rotterdam

Call us

Secretariaat Executive Education: 06 417 36 740 (overdag & avond)

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Contact us


of mail naar: executivemasters@law.eur.nl

Contactgegevens

Adres
Burgemeester Oudlaan 50, L 5.10 (Sanders gebouw), Postbus 1738, 3000 DR, Rotterdam

E-mail
executivemasters@law.eur.nl

Bedrijfsgegevens
KVK-Nummer: 66853885
BTW-Nummer: NL804735529B37
IBAN: IBAN: NL90ABNA0467877858
CROHO/ISAT accreditatie

 

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