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Deals with China (LAWS70414)

Graduate coursework level 7Points: 12.5Not available in 2023

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Overview

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This subject examines the legal issues and practical challenges that arise in relation to a cross-border transaction with China. Students will work through a type of foreign investment transaction (a joint venture), which will be used as a point of reference throughout the subject. In this way, students will develop an advanced and integrated understanding of the nature of a cross-border transaction with China (involving a foreign investor and assets in China) and also the legal issues that are relevant to each stage of the transaction. These issues will include the following:

  • The legal and regulatory framework for foreign investment in China
  • The different ways in which foreign investment is structured, including joint ventures and acquisitions
  • The various stages of a foreign investment transaction in China
  • Key legal issues arising in relation to documentation, including the impact of foreign investment law, contract law, property law, company law and private international law
  • Mechanisms for resolving disputes, including arbitration clauses
  • The regulation and role of lawyers in a deal with China and the theory behind the skills that they require, including advisory skills, drafting skills, cross-cultural communication skills and negotiation skills.

Principal topics will include:

  • The Chinese legal system and foreign investment environment
  • Preliminary agreements and deal stages
  • Investment forms and company law
  • Merger control
  • Contract law
  • Property law
  • Dispute resolution
  • Termination, insolvency and winding-up
  • The role of lawyers
  • Skills—drafting, negotiation and cross-cultural communication skills.

Intended learning outcomes

A student who has successfully completed this subject will have an advanced understanding of, and be able to critically analyse:



  • Fundamental aspects of the practice of commercial law from the perspective of a foreign investment transaction with China and the importance of understanding the different models and approaches;
  • The structure and operation of the Chinese legal system;
  • The interaction and different dynamics between policy, legal systems and commercial laws in China;
  • Practical commercial dispute resolution and contract management;
  • The role of commercial lawyers and the importance of developing a commercial awareness so that lawyers can function effectively as legal advisors in a cross-border context;
  • The challenges facing lawyers practising in a foreign jurisdiction; and
  • Practical case studies relating to business and investment in China.

Last updated: 10 November 2023