Exciting Times Ahead for Trade Lawyers Amidst US-China Trade War

“I would advise clients negotiating agreements to be particularly careful around terms of sale as this is often overlooked and can mean all the difference in which party bears the liabilities directly with respect to punitive tariffs or retaliations.”

1. What is it like being a trade lawyer in China today?

Trade lawyers in China have been in heavy demand over the past several years. The relevant government authorities in China have matured and grown in sophistication at a rate unheard of anywhere in the world. This development brings with it increasingly complex and nuanced regulatory schemes governing all aspects of foreign investment, manufacturing, import and export, distribution and tax related cross-border operations. We are in a privileged position to be at the center of these exciting developments in the most dynamic economy in the world.

What is most encouraging for multinational clients is the increasing ability and willingness of the Chinese authorities to engage in technical discussions on these regulatory provisions. This is a clear sign that the Chinese authorities are quickly becoming more comfortable with the international legal and regulatory norms our clients have grown accustomed to elsewhere. From advanced opinions to even disputes and controversies, these mechanisms are developing, maturing and becoming more commonplace over time. This bodes well for the increasing value we, trade lawyers in China can offer our clients with clear and reliable regulatory advice and even guiding successful investigation and dispute response strategies.

 2. Would a trade-war effectively change the legal landscape of China?

It is unlikely that a trade war with the United States or anyone else would broadly change the legal landscape in China. The fact is that China is a huge and complex country that is shaped and developed as a result of myriad factors—mostly domestic. It is certainly not a single-issue country and external affairs have less impact than many might otherwise imagine.