Beijing
Huanzhong & Partners (BHP), which was founded by a group of experienced
lawyers in September, 1993, is a law firm aimed at providing high-quality
legal services and helping to establish a better environment for international
trade and foreign investment in China. With an integrated and efficient
working mechanism, BHP has enabled its staff members to perform all-around
professional work under the complicated economic system in the fast
changing society of modern China. BHP¡¯s partners
possess enriched legal knowledge and lawyering skills. Lawyers at
BHP have received professional legal training both in China and
overseas, and some of them have working experiences in foreign law
firms. With such a group of professional elite, BHP serves the legal
needs of its clients from all circles of Chinese society and other
parts of the world, including North America, Europe, Southeast Asia
and Hong Kong.
BHP was awarded the title of ¡°The Model Law Office¡±
by Beijing Judicial Administration and Beijing Bar Association in
1997.
BHP¡¯s lawyers are specialized in the areas of international
trade, multinational investment, finance, real estate as well as
intellectual property. They provide legal services and consultation
on international economic and trade arbitration and/or litigation,
international and domestic antidumping proceedings, WTO related
legal affairs as well as trade and investment projects, in particular
projects involving foreign investment.
BHP maintains a close contact and cooperative relationship
with lawyers and experts from academic institutes, governmental
organizations and other professional setups. BHP has also business
partnership with law firms in US, Europe and Hong Kong.
BHP¡¯s lawyers have successfully represented their
clients both domestically and internationally in disputes involving
foreign interests in different categories. In particular, they have
made many achievements in the field of domestic and international
anti-dumping proceedings. In 1997, as the representative of the
Chinese Newsprint Industry, BHP filed the petition to initiate the
antidumping investigation against the U.S.A, Canada and South Korea
with respect to their exportation of newsprint to China. It was
the first anti-dumping proceeding initiated by a domestic industry
in China. Up to date, among the total of 27 antidumping proceedings
reported in China, 17 cases have been represented by BHP.
In 2002, as the Attorney Agent of Chinese steel industry,
BHP represented in China¡¯s first domestic safeguards case regarding
imports of some steel products. In the meantime, BHP has represented
Chinese domestic industries to respond to antidumping investigations
in many countries such as USA, EU, Canada, Indonesia, Brazil and
Argentina.
Since China¡¯s entry to the WTO
in 2001, BHP, based on its past experiences in providing legal services
in respect of trade remedies law, has purposely recruited elite
specializing in WTO legal affairs, which has enabled BHP to become
highly sophisticated in providing WTO legal services. In the first
DSB case in 2002 after China¡¯s entry to the WTO, that is the United
States-Definitive Steel Safeguard Measures, BHP participated in
representing the Chinese government, one of the co-complainants.
In 2003, BHP represented the Chinese government in the Canadian
Wheat Board DSB case in which China acts as a third party.
BHP has built up a library containing a full collection of WTO related
books and documents, which ranks among the best of all Chinese law
firms.
For the purposes of encouraging a full commitment
of its staff to serving their clients and helping to maintain a
good social order and the economic growth in China, BHP has always
enshrined the motto of "Honesty, Creditability, Excellency
and Efficiency" and a team spirit of ¡°Trust, Unity and Joint
Development¡±.
The scope of BHP¡¯s major practices includes:
Trade Remedies Law
BHP's lawyers take a leading position in terms of rendering legal
opinions to Chinese industries and representing them in proceedings
of domestic antidumping, countervailing and safeguard measures in
the following aspects:
- Collecting materials and proof
- Drafting and filing petitions
- Attending hearings and rendering legal opinions
- Participating in the negotiation of price undertaking
- Attending judicial proceedings
- Attending the review of anti-dumping measures
Also, BHP¡¯s lawyers are involved with international
antidumping, countervailing and safeguard measure proceedings, which
include:
- Assisting Chinese industries in foreign anti-dumping proceedings
- Assisting to collect materials and answering questionnaire issued
by foreign investigation authorities
- Assisting to participate in the review of foreign anti-dumping
measures against Chinese industries.
International Sales of Goods
BHP¡¯s lawyers provide legal opinions and represent its clients in
international arbitration and foreign litigation in the following
areas:
- Conclusion and performance of sales contracts, remedies for breach
of contracts and the settlement of disputes
- Payment in international transactions, such as L/C, D/P, D/A and
other modes of payment
- Products liability
- International transportation, such as carriage by sea, by air
and by railway, as well as international multi-modal transportation.
- Insurance
- Agency and exclusive distributorship, consignment, auction and
bidding
- Frontier trade, compensation trade, processing with imported materials,
processing with foreign samples and assembling with foreign spare
parts
Arbitration and Litigation
- Domestic arbitration, including arbitration relating to economic
and employment contract disputes
- Domestic civil litigation with an emphasis on economic litigation
- International commercial and marine arbitration, including international
arbitration by CIETAC and CMAC as well as arbitration by foreign
arbitration institutions such as ICC
- Litigation concerning foreign elements, including representing
a client before a Chinese court, providing legal opinions relating
to Chinese laws and preparing legal documents for litigation in
a foreign jurisdiction.
Legal Issues Relating to the WTO
- Legal consultation and advice in relation to all WTO issues
- Understanding and advising in relation to the legal documentation
concerning China¡¯s entry to the WTO
- Assisting Chinese industries to establish a trade monitoring system
- Assisting Chinese industries to investigate trade barriers abroad
and to file application to the Government of China for initiating
trade barrier investigations.
- Providing legal services to the Government of China in WTO Dispute
Settlement Body (DSB) cases.
Corporation and Investment
- Drafting feasibility research report, articles of association,
and agreement for the establishment of equity and contractual joint
ventures and foreign wholly-owned enterprises
- Participating in business negotiations, supervisions and related
legal affairs of joint ventures
-Drafting articles of incorporation, conducting corporate reorganization,
bankruptcy and liquidation, auction of assets and investigation
of corporation credits
- Transfer of corporate shares, property trade, mergers and acquisitions,
BOT project operation
- Establishment of business organizations by corporations, entities
or individuals based in China
- Providing legal opinions
International Finance
- The negotiation and drafting of loan agreements
- Syndicated loan and project financing or related legal affairs
- Guarantees including credit guarantee and mortgage
- Letters of guarantees relating to foreign exchange issued by Chinese
entities covering financial activities outside China
Real Estate
- Negotiating real estate projects and drafting legal documents
- Handling disputes on real estate, including arbitration and litigation
- Drafting documents and completing legal formalities for financing,
promoting, and pre-selling of real estate projects
- Drafting documents and completing formalities for sale, transfer
and mortgage of land use right
Intellectual Property & International
Technology Transfer
Conducting negotiations, drafting agreements and handling disputes
through arbitration or litigation in connection with:
- Equipment and technology import and export
- Licensing agreements
- Trademark, patent, know-how licensing and transfer
Legal Consultation
BHP's lawyers focus on serving the legal needs of their clients
in their daily operation and ensuring that the lawful rights and
interests of their clients be fully protected by acting as
- Legal consultants for governmental organizations, foreign and
domestic corporations and entities, social organizations as well
as individuals
- Legal consultants in relation to specific projects for the purposes
of negotiating, issuing legal opinions and drafting documents.
Others
BHP also provides services in:
- Expert legal witness, credit investigation and notarization
- Acting as business representatives and/or trade intermediate
- Other services entrusted by clients.
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