China-U.S. Trade Law

China-U.S. Trade Law

Insights & commentary on active trade disputes between China and the U.S.

Category Archives: CFIUS and Investment

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CFIUS Annual Report Shows Increased Focus on Chinese Investment

Posted in CFIUS and Investment
The Committee on Foreign Investment in the United States (“CFIUS”), the inter-agency group that conducts national security reviews of foreign acquisitions of U.S. businesses, recently issued its Annual Report to Congress for Calendar Year 2012.  That reports show that China surpassed the United Kingdom in 2012 as the source for the largest number of foreign … Continue Reading

U.S. Court Rejects Challenge To CFIUS National Security Review 美国法院驳回三一集团国家安全审查之诉

Posted in CFIUS and Investment
中文请点击这里 This blog previously reported in July 2013 on a lawsuit that Ralls Corporation brought against the President of the United States and the Committee on Foreign Investment in the United States challenging the President’s order for Ralls to divest its interest in four wind farm projects in Oregon. The United States District Court for the … Continue Reading

American Suspicions Could Deter Chinese Investment 美国的猜疑将阻碍中国对美投资

Posted in CFIUS and Investment
By Elliot J. Feldman and John J. Burke Chinese officials have long complained about American national security reviews, insisting they are an obstacle to Chinese investment in the United States. We have long pushed back, including in several articles posted on this blog in December 2009, January 2010, February 2011 , and May 2011, insisting the complaints have … Continue Reading

Hong Kong Seeks to Strengthen Trade, Investment Ties with U.S. 香港加强对美贸易投资关系

Posted in CFIUS and Investment
中文请点击这里 The largest-ever Hong Kong promotion in the United States will be held this summer to showcase Hong Kong’s advantages for American companies looking to tap new business opportunities in Asia, particularly on the Chinese mainland. "Think Asia, Think Hong Kong," will feature two major symposia in New York and Los Angeles on June 11 … Continue Reading

The U.S. Election and China-U.S. Relations 美国大选及美中关系

Posted in CFIUS and Investment, Strategic & Economic Dialogue, Trade Negotiations
          Dr. Elliot J. Feldman last week led discussions on the U.S. presidential election’s impact on China-U.S. relations at the University of Chicago Center in Beijing, the Beijing Arbitration Commission, and two other fora in Shanghai and Guangzhou. The video clips he prepared from the presidential debates exposed substantial anti-China rhetoric but also more nuanced … Continue Reading

Europe Leaps Ahead Of United States In Bilateral Investment Treaty Negotiations With China 双边投资协定谈判,欧洲领先一步

Posted in CFIUS and Investment
中文请点击这里 The European Union has moved ahead of the United States in negotiating a bilateral investment treaty with China, as predicted previously here on Baker Hostetler’s China U.S. Trade Law blog. Chinese Commerce Minister Chen Deming and EU Trade Commissioner Karel De Gucht made the announcement on Thursday, July 14, 2011 in Beijing following the … Continue Reading

National Security And Chinese Investment In The United States 国家安全审查及中国对美投资

Posted in CFIUS and Investment
This text is based on presentations on this subject made recently by Mr. Burke to the American Chamber of Commerce in Beijing, the American Chamber of Commece in Shanghai, and the CCH/Wolters Kluwer conference for in-house legal counsel in Beijing. Some Chinese Mistakenly Think They Are Unwelcome Chinese direct investment in the United States is … Continue Reading

Will Europe Conclude A Bilateral Investment Treaty With China Before The United States Does? 欧洲能抢先一步与中国达成双边投资协定吗?

Posted in CFIUS and Investment
Chinese leaders have participated in high-level strategic talks with both the United States and Europe in recent months, during which China reiterated its interest in a bilateral investment treaty (BIT) with each of them. EU officials went to Beijing in December 2010 for the Third China-EU High-Level Economic and Trade Dialogue, and President Hu Jintao … Continue Reading

Media Mentions 媒体引述

Posted in CFIUS and Investment
      Washington, D.C., partner Elliot J. Feldman, leader of Baker Hostetler’s international trade practice, recently was interviewed by China’s National Economic Weekly regarding how to invest in the United States. The National Economic Weekly is a Xinhua News Agency affiliation that has a circulation of 200,000 and a very large online readership.       Feldman highlighted … Continue Reading

Will Labor Rights Be Included In U.S.-China Bilateral Investment Treaty Negotiations? 中美双边投资协定谈判将包括劳动者权利吗?

Posted in CFIUS and Investment
中文请点击这里 Recent U.S. free trade agreements (“FTAs”) and comments from U.S. government officials suggest that obligations to respect and enforce internationally recognized labor standards could become part of the text offered by the United States for the negotiation of a bilateral investment treaty (“BIT”) with China. The trend of making labor rights more prominent in … Continue Reading

Making Progress BIT By BIT On A U.S.-China Bilateral Investment Treaty 美中双边投资条约一步一步前进

Posted in CFIUS and Investment
中文请点击这里 Despite the joint announcement of the United States and China that both countries would “expedite negotiation on a bilateral investment treaty” (abbreviated in English as a “BIT”), the notion of a BIT between the United States and China, two of the world’s five largest economies, remains inconceivable for some. On the U.S. side, there … Continue Reading

The United States Remains Open To Chinese Investment 美国仍对中国投资敞开大门

Posted in CFIUS and Investment
中文请点击这里 This blog posted an article titled “Setting The Record Straight: The U.S. Is Open For Chinese Business; Don’t Worry Too Much About National Security Reviews” on December 12, 2009. Two weeks later Northwest Non Ferrous International Investment Co., Ltd. (“Northwest”) dropped its plans to acquire a Nevada mining company because a national security review … Continue Reading

Setting The Record Straight: The U.S. Is Open For Chinese Business; Don’t Worry Too Much About National Security Reviews 美国向中国企业敞开大门,请勿过分担心国家安全审查

Posted in CFIUS and Investment
中文请点击这里 Chinese and other foreign companies considering investments in the United States often are confused about the degree to which the United States is open to foreign investment. They hear terms such as CFIUS, Exon-Florio and FINSA and claims that the United States is now hostile to foreign investment, especially from China and the Middle … Continue Reading