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Shanghai Allows Foreign Institutions to Administer “foreign-related” Arbitrations

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Shanghai is to allow foreign arbitral institutions to register in a free trade zone and administer “foreign-related” arbitrations seated in mainland China.

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Shanghai is to allow foreign arbitral institutions to register in a free trade zone and administer “foreign-related” arbitrations seated in mainland China. Craig Celniker, Sarah Thomas, Cheryl Zhu and Nicole Tsui of Morrison Foerster consider whether the move is a step towards the liberalisation of China’s arbitration landscape or a missed opportunity.See the full article from <a target="_blank" href="https://globalarbitrationreview.com/article/1210590/shanghai-allows-foreign-institutions-to-administer-%E2%80%9Cforeign-related%E2%80%9D-arbitrations">Global Arbitration Review</a>.

Shanghai Allows Foreign Institutions to Administer “foreign-related” Arbitrations

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Cheryl’s practice focuses on investigation, litigation, and arbitration matters in greater China on behalf of multinational and Chinese clients. She has experience in China-focused arbitration work, including Chinese-language proceedings before CIETAC. She has handled matters for clients in a variety of industries, including manufacturing, technology, pharmaceuticals, and finance.Cheryl is fluent in English and Mandarin. She is a Registered Foreign Lawyer with the Law Society of Hong Kong.<h4>Representative Experience</h4><h5>Arbitration</h5><ul><li>Represented a Sino-Foreign joint venture company in CIETAC arbitration proceeding against Chinese SOE arising out of performing supply contract in China.</li><li>Represented a Hong Kong investor in HKIAC arbitration proceeding against Chinese partner arising out of manufacturing joint venture in China.</li><li>Represented a US investor in CIETAC arbitration proceeding against Chinese partner arising out of establishing a joint venture in China.</li><li>Represented a Chinese company in SIAC arbitration proceeding against an Israeli distributor arising out of a distribution agreement. </li></ul><h5>Investigation</h5><ul><li>Represented a US-listed multinational technology manufacturing company in internal investigation in China of potential violations of American Accounting Standards. </li><li>Represented a Fortune 500 manufacturing and technology company in internal investigation in China of potential violations of FCPA and related anti-corruption laws related to transaction with Chinese SOE. </li><li>Represented a US-listed software company in internal investigation of potential fraud related to its business partners’ distribution software and provision of relevant services in China. </li><li>Represented a US-listed Home Appliances Company in internal investigation in China of its former executives’ potential violations of anti-corruption laws. </li><li>Represented a US-listed pharmaceutical company in internal investigation of potential violations of FCPA in response to queries from the U.S. Securities and Exchange Commission and Department of Justice. </li><li>Represented a US-listed semiconductor manufacturer in internal investigation of potential violations of FCPA and related anti-corruption laws in China, the U.S. and European related to the cooperation with the third party’s business consultants and the communication with Chinese SOE and the government departments. </li><li>Represented a Taiwan-based bank in internal investigation in response to inquiries from U.S. Department of Justice. </li></ul><h5>Transaction of Corporation</h5><ul><li>Represented Kim Eng Securities, BOCOM International, Haitong International and Industrial Securities (Hong Kong), as joint bookrunners, in Broad Greenstate International Co., Ltd.’s HK$2.8 billion (US$ 36.12 million) of IPO and listing in Hong Kong. Broad Greenstate is a fast-growing and comprehensive landscape design and construction service provider in China. Kim Eng Securities acts as the sole sponsor of this transaction. </li><li>Represented the largest oil and container port in China in its issue of bonds in RMB. </li><li>Represented a Chinese company listed in the Main Board of Hong Kong in its issue of bonds in US$. </li></ul>

朱一峤律师的执业领域主要是代表国际和中国客户处理在大中华区进行的调查、诉讼和仲裁事宜。她在处理中国仲裁事宜方面拥有丰富的经验，包括在中国国际经济贸易仲裁委员会处理以中文进行的诉讼程序。她代表各行各业的客户处理各种事宜，包括制造、技术、制药及金融行业。朱律师精通英语和普通话。她是香港律师会注册外国律师。

Cheryl Zhu

Associate

Nicole Tsui is a litigation associate in Morrison & Foerster’s Hong Kong Office.Her practice focuses on litigation and international arbitration matters on behalf of both local and multinational clients. She has experience in handling complex arbitration disputes in a wide range of industries, including shipping, construction, commodities and finance under the arbitration rules of major institutions such as the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL), Hong Kong International Arbitration Centre (HKIAC) and London Maritime Arbitrators Association (LMAA). She has also handled various court proceedings before Hong Kong courts.Nicole is fluent in English, Cantonese and Mandarin.

徐晞彤是美富律师事务所香港办事处诉讼业务部的律师。徐律师主要代表本地及国际客户处理诉讼及国际仲裁事宜。她曾为包括航运、建造、商品及金融等在内的多个行业的客户处理多宗复杂仲裁争议，涉及多个重要仲裁机构规则，包括国际商会（ICC）、联合国国际贸易法委员会（UNCITRAL）、香港国际仲裁中心（HKIAC）及伦敦海事仲裁员协会（LMAA）等。徐律师也曾处理各种香港法院程序。徐律师通晓英语、广东话及普通话。

Nicole Tsui

International Arbitration