A celebration of excellence

October 11, 2011 | BY

clpstaff

The China Law & Practice awards 2011 concluded a year of groundbreaking deals that demonstrated China's burgeoning confidence and legal sophistication. Baker & McKenzie and Fangda Partners took home the top awards of the night, while many others were recognised for their achievements of legal distinction in the past 12 months

Last year, we wrote that Norton Rose partner Ian McCubbin called China's state-owned enterprises (SOEs) “global players that behave like any other company”, and this year's showcase of outbound achievements reflects his statement perfectly.

“The shift from public to private wasn't as great as everyone predicted a decade ago,” said Anthony Root, the Asia managing partner of Milbank Tweed Hadley & McCloy. “SOEs are now acting like private companies.” Root led a global team that helped State Grid Corporation of China become the first Chinese corporate to acquire complete control of a foreign electricity grid asset, the winning transaction of CLP's Outbound category. “This deal is a road map of where the Chinese are heading. Corporate China is seeing increasing opportunities to invest outside of China as well as in China,” he said. Not only are the Chinese starting to win bids against local players in offshore destinations, they are flexing their muscles and becoming more strategic and eager to secure assets. One of our other shortlisted outbound deals saw PRC mining company Minmetals Resources attempt a hostile takeover of Canada's Equinox Minerals, the largest-ever unsolicited overseas takeover attempt by a Chinese corporate.

The deals recognised as finalists for this year's awards all share commonalities: they were extremely complex, legally challenging and utilised precedent-setting structures. The finalist teams all demonstrated continued excellence and a strong growth trajectory in their practice areas. It was really quite tough for the CLP editorial team to select winners in all the categories, but eventually we came to our conclusions. The research process was time-consuming and handled over four months, with many hours dedicated to poring over firm submissions and interviews with private practice lawyers, in-house counsel and other industry participants.

Everything culminated in a wonderful event held in Beijing at the JW Marriott on September 22. It was the first time CLP conducted the awards presentation bilingually, and not only were all of China's top law firms and international players present, we were honoured by the presences of numerous in-house counsel as well as the formidable Professor Wang Liming, a pioneer of China's civil law (among many others) and the winner of our Outstanding Achievement award.

The editorial team at CLP would like to congratulate all of the winners and finalists of the 2011 China Law & Practice Awards, and we look forward to following your achievements over the next 12 months.


*** To view photos of the awards night, including all the winners, please click: China Law & Practice Awards 2011 photos. If you would like higher resolution photos, please contact us at: [email protected] . ***


Deals of the Year

Mergers & Acquisitions

Winner

Guangzhou Auto-Denway Motors

Freshfields Bruckhaus Deringer (China International Capital, JP Morgan, Morgan Stanley, Guangzhou Automobile)

Herbert Smith (China International Capital, JP Morgan, Morgan Stanley)

Woo Kwan Lee & Lo (Guangzhou Automobile, Denway Motors)

King & Wood (China International Capital, JP Morgan, Morgan Stanley)

Beijing Tianyin Law Firm (Guangzhou Automobile)

The backdoor listing of Guangzhou Automobile Group through Denway Motors raised Guangzhou Auto's global profile and gave it access to foreign investors and their capital. This was the first time a company was listed to create listed shares as consideration for the privatisation of another company.

Guangzhou Auto's simultaneous listing by way of introduction and privatisation of its 37.9%-owned subsidiary, Denway, by scheme of arrangement was complicated by requiring stringent approvals from Hong Kong and PRC regulators. The legal teams involved worked closely with these authorities and ensured all the requirements under the Listing Rules and Takeovers Code were met.

An innovative structure was developed and implemented that enabled Guangzhou Auto, which is 91.9%-owned by state-owned investment holding company Guangzhou Automobile Industry Group, to be listed as an H-share company, while Denway was listed as a red-chip. Guangzhou Auto did not sell any new shares in connection with the listing, but paid Denway's existing shareholders with stock.

FINALISTS

Hanwha-Solarfun
Motorola-Siemens
Tongjitang-Hanmax and Fosun
Diageo-ShuiJingFang



Private Equity

Winner

Telstra-SouFun Holdings

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