Tiantong & Partners In-house Conferences

Beijing and Shenzhen, China

Cleary Gottlieb partners Christopher Moore, Victor Hou, and Nowell Bamberger and counsel Milo Molfa spoke at in-house conferences hosted by Tiantong & Partners in their Beijing and Shenzhen offices about cross-border U.S. federal law enforcement relevant to Chinese companies and individuals and international arbitration matters relevant to Chinese parties in light of a recent U.S. court decision in AVIC (Aviation Industry Corporation of China).

The discussions focused on issues including:

• The effect of the U.S./China trade tensions and enforcement priorities on criminal and regulatory enforcement priorities, including the impact of the U.S. Department of Justice’s “China Initiative.”
• The potential impact of U.S. sanctions regimes applicable to third countries, such as North Korea and Iran, on Chinese companies and their ability to access U.S. markets.
• Best practices for Chinese firms investing in the U.S. or dealing with U.S. firms, including how to identify and manage enforcement risks.
• How U.S. criminal and civil legal process may affect Chinese individuals, particularly senior executives of Chinese enterprises.
• Challenges faced by Chinese SOEs in international arbitration proceedings governed by U.S. law in light of the possible application of the alter ego and similar doctrines as a basis to join to the proceedings entities which are non-signatories to the underlying agreement to arbitrate.
• How different arbitration rules address the appointment of arbitral tribunals in multiparty and multicontracts disputes.
• Sovereign immunity issues in international arbitration under the Foreign Sovereign Immunity Act (FSIA).

The sessions used recent case studies to illustrate broader principles that may be relevant to Chinese firms engaged in international markets and to their senior managers, with a particular emphasis on providing concrete advice on how to anticipate and mitigate potential legal risks in a period characterized by an increasingly challenged bilateral relationship between the United States and China.