Chińsko-Polski Desk

One team of Swiss and Chinese lawyers
Local - in China and Europe
Swiss Company N. AG’s Major Victory in Unconventional CIETAC Arbitration Proceedings

In recent arbitration proceedings administered by China International Economic and Trade Arbitration Commission, Wenfei has successfully advised Swiss Company N. AG in winning major mask disputes against Hong Kong based company WHG Ltd. within a short 30-day time period. Against the background of global pandemic, international traders often wish to settle their disputes in an efficient yet fair and impartial manner, thanks to the expected professionalism of CIETAC, this has proven to be entirely possible – a great comfort to all law-abiding business operators.

New Laws in China in 2019 and early 2020

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2019 Market Access Negative List

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Legal Issues & Corporate Governance on the Board Level in China on 8. October 2019

Within the scope of the seminar «Mastering China at the Board», which is organized by the International Center for Corporte Governance (IcfCG) and the China Europe International Business School (CEIBS) our Managing Partner Dr. Paul Thaler was invited to talk about Mastering the Chinese Legal System. His presentation will focus on Legal Issues & Corporate Governance on the Board Level in China.

Legal Chapter Forum 2019

On 12 June 2019, Dr. Thaler and Dr. Jia were invited as expert speakers at the Swiss Chinese Chamber of Commerce’s (SCCC) Legal Chapter 2019 Forum in Zurich. Wenfei shared its view of the practical implications of the newly promulgated Chinese Foreign Investment Law (FIL). Wenfei reminded Swiss companies who participate in entities in China to carefully analyse the opportunities and challenges offered by the FIL and its implementing rules, which will be published in the near future. A restructuring in order to optimize their investment in China might be advisable.

Wenfei’s Resident Partner Samuel Baumgartner Re-elected President of SwissCham Beijing

We congratulate our Resident Partner, Samuel Baumgartner, to his re-election as President of SwissCham Beijing. We are pleased to be able to support a strong Swiss business community in Beijing in the year ahead and wish Samuel continued success in his office.

Wenfei’s Resident Partner Yaqi Liu newly elected to the Board of SwissCham Shanghai

Wenfei congratulates its Resident Partner, Yaqi Liu, on her election as Board Member of SwissCham Shanghai. Wenfei has been a member of SwissCham since its foundation and is pleased that Yaqi Liu can make a contribution to the Swiss Business Community in Shanghai. We wish Yaqi a successful year as a new board member.

Wenfei Successfully Advised on a Cross-border M&A Transaction

With Wenfei’s legal assistance and advice, a Swiss company GH AG focused on renewable and high-tech material has successfully sold the shareholding in its former subsidiary to a PRC investor. Wenfei is glad that after 5 months of overcoming the many complex transaction hurdles, including workers’ unrest and strikes, strict scrutiny by local authorities, international bank guarantee, pending bank loans and domestic escrow account involving foreign entities etc., the closing has successfully taken place within the estimated time schedule.

Wenfei helps Swiss company C. AG in major victory against S. E. Systems Co. Ltd.

In arbitration proceedings administered by the Shanghai Arbitration Commission, four arbitration awards have been handed down sentencing Wuxi based S.E. Systems Co. Ltd. to pay substantial amounts of contractual penalties to the Swiss company C. AG, the latter having been represented by Wenfei in the proceedings. Wenfei is delighted that in this case, S. E. Systems Co. Ltd.  has not succeeded in not settling the clearly justified claims of our client’s.

Our Efforts into the Midwest

We are happy to announce that in addition to her routine work in the Shanghai area, our Resident Partner Ms. Liu Yaqi is now also acting as our local liaison in Wuhan – the traditional hub of central China, as part of our consistent practice to provide high standard legal services to all our international and local clients. With the efforts to reach into the Midwest, we aim to provide our clients with even more legal solutions accurately suited to their needs.

Wenfei’s Resident Partner Re-elected President of SwissCham Beijing

We congratulate our Resident Partner Samuel Baumgartner to his re-election as President of SwissCham Beijing. We are pleased to be able to support a strong Swiss business community in Beijing in the year ahead and wish Samuel continued success in his office.

Terms of Payment

Our services are invoiced monthly according to the applicable hourly rates. These rates apply to all services during and after business hours. Hourly rates are usually not increased for urgent cases that need to be completed out of our office hours.

For indirect additional costs (e.g. copies, IT and telephone costs) we charge a lump sum of 3.5% of the respective net amount.

Finally, VAT is charged on the fee and incidental expenses in accordance with the recipient’s seat (China or Switzerland).

As a result of the referendum on 24 September 2017, VAT rates in Switzerland have been adjusted as of 1 January 2018. The standard rate decreases from 8% to 7.7%. In other words, the lower VAT rate of 7.7% will be charged in our invoices from 1 January 2018. VAT in China remains unchanged.

Wenfei’s Managing Director appointed as an expert to the “China Association of International Engineering Consultants” of MOFCOM

The China Association of International Engineering Consultants (CAIEC), an association operated by MOFCOM, has appointed our Managing Director, Dr. Paul Thaler, as an expert to its “consultation and examination system for projects abroad”.

Being officially elected by CAIEC, Dr. Paul Thaler will assist the MOFCOM in overseas investments of the People’s Republic of China.

Wenfei’s Resident Partner and Chief Representative Samuel Baumgartner elected President of SwissCham Beijing

At the occasion of the 2017 Annual Assembly, SwissCham Beijing has elected Samuel Baumgartner, our Resident Partner and Chief Representative in Beijing as its new President. We congratulate Samuel Baumgartner to his new role and wish him a lot of success in further strengthening the Sino-Swiss business community.

Our Team of Swiss and Local Experts in China

Wenfei Attorneys-at-law Ltd is delighted to announce that we have ensured the presence of three qualified Swiss attorneys at our offices in China again. Dr. Paul Thaler, Mr. Samuel Baumgartner and Mr. Cem Arikan LL.M. are at our client's disposal at our offices in Beijing and Shanghai.

Wenfei Attorneys-at-law offers all its services in full at all its offices. Also, we have extended our know-how in the fields of Maritime and Shipping Law with Cem Arikan, and in addition, we also speak Turkish in our offices now. 

Wenfei Attorneys-at-law emphasizes working with Swiss and local lawyers in our Chinese offices. Our representative offices in Beijing and Shanghai consist of teams of Swiss and Chinese lawyers that have obtained their degrees in the most reputable law schools of the country. Also, our lawyers gained experience by studying and working abroad.

Our colleague, Ms Liu Yaqi, obtained her LL.M. degree at the Law School of the renowned Cornell University, after graduating from Beijing Foreign Studies University. Liu Yaqi is admitted to the New York State Bar.

Our colleague, Dr. Zheng Jun is admitted to the bar in China and obtained his Ph.D. at the Law School of the University of Fribourg in Switzerland.

Our colleague Chen Fanyang currently serves as our Chinese expert in our office in Zurich, while she is simultaneously obtaining her LL.M. degree at the University of Zurich.

Our Swiss and Chinese lawyers cooperate closely on a best practice basis while offering our clients the highest quality of work.

 

Portrayal of Wenfei Law at the Neue Zürcher Zeitung

In its edition of 28 July 2016 and the rubric of “China meets Zurich”, the Neue Zürcher Zeitung portrayed our lawfirm. In the context of presenting our Managing Partner, Dr. Paul Thaler, the article points out our emphasis to liaise China with Switzerland, besides our legal work.

The article is accessable with the following link:
https://www.nzz.ch/zuerich/china-trifft-zuerich/china-trifft-zuerich-ld.107922

Symposium on the Chinese Economy

Dr. Paul Thaler was invited by the Chinese embassy in Berne to give a lecture on legal aspects in China’s macro-economy on July 7, 2016. The lecture dealt with the development of the Chinese economy in 2016 and also took up the topics of legal certainty and rule of law in China. The event took place at the Hotel Bellevue in Berne. Among the speakers were the Chinese ambassador Mr. GENG Wenbing, Mr. Alexander Karrer, Deputy State Secretary of the Federal Department of Finance, Mr. Attilio Zanetti, Director of the Department of Economic Analysis of the Swiss National Bank, Mr. Rudolf Minsch, chief economist of economiesuisse, the former Swiss ambassador to China Mr. M. Blaise Godet, Mr. Henrique Schneider, chief economist of the Swiss Trade Association (SGV) and representatives of the UBS Group AG and the Credit Suisse Group. The participants, who lectured in German, French and Chinese, enjoyed a successful afternoon and a dinner in a pleasant atmosphere. 

CIETAC award in favour of our client

Another success of our arbitration team has been achieved. At the end of March 2016, CIETAC rendered the final award in a dispute between our client, a Swiss company, against a large listed company. Our client was awarded a multi-million dollar amount. 

Swiss television interviewed Mr Paul Thaler

On January 25, 2016 the Swiss TV (SRF) broadcasted an interview with Wenfei’s Managing Partner Mr Paul Thaler in its program “ECO”. Mr Thaler was asked about legal certainty for Swiss companies in China. Furthermore, some successful M&A - transactions of Chinese enterprises in Switzerland, which were accompanied by Wenfei, were mentioned.

China Legal Framework
Please consult our China Legal Framework for valuable information on Chinese business law. This regularly updated publication provides sound basic knowledge on foreign direct investments in Greater China, customs and international trade systems, taxation, capital markets, foreign exchange, intellectual property rights and labor law.
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