2012/2013  KAN-CMJ_J68  Chinese Commercial Law, Part 1

English Title

Chinese Commercial Law, Part 1

Course information
Language	English
Exam ECTS	7.5 ECTS
Type	Elective
Level	Full Degree Master
Duration	One Quarter
Course period	Autumn Changes in course schedule may occur Monday 13.30-16.05, week 36-43 Monday 13.30-17.00, week 44
Time Table	Please see course schedule at e-Campus
Study board	Study Board for BSc/MSc in Business Administration and Commercial Law, MSc
Course coordinator
Peter Arnt Nielsen - Law Department
Secretary: Susie Lund Hansen - slh.jur@cbs.dk
Main Category of the Course
Business Law Globalization, International Business, markets and studies Corporate and Business Strategy
Last updated on 27-04-2012

Learning objectives

The aim of this course is to enable a student, as a future commercial/transactional lawyer or a business executive, to be sensibly involved, at a basic level, in Chinese commercial legal transactions. To achieve this aim, when a student completes this course the student will be able, with an appropriate level of supervision, to – advise a client from his home country in regard to a range of commercial transactions in mainland China; liaise and work with a Chinese lawyer on each of the transactions; and perform his or her role as a foreign lawyer in these transactions. The course is to provide students with a sufficient level of knowledge on Chinese legal system and Chinese law including but not limited to contract, labour, products liability, investment treaty arbitration and commercial arbitration.

Prerequisite

None, however knowledge of commercial law is an advantage, but not a prerequisite

Examination

Elective: Law

Chinese Commercial Law: Type of test Written Exam Marking scale 7-step scale Second examiner External examiner Exam period December/January Aids Open Book, Written and Electronic Aid is permitted Duration 4 Hours

Examination

Written, open book, four hours

Course content

Due to the global economic downturn and significance of China as the second largest economic power in the world, it is essential for commercial lawyers and business executives to acquire some basic knowledge of Chinese commercial law from a comparative perspective. Equipped with this knowledge, lawyers or business executives will be able to put themselves in the best possible strategic position when negotiating, drafting, performing and enforcing contracts in China-related legal transactions.   All teaching in this course will be conducted in English and the teaching materials used are in English. Students do not have to speak, write or read Chinese to complete the course. However, students should be aware that, in practice, the ability to speak, read and write in the Chinese language will probably be necessary and beneficial to work on China-related transactions.     Content   Chinese Civil Law   Chinese contract law   Chinese products liability law   Chinese labour law   Chinese commercial arbitration   China’s investment treaty and BIT arbitration

Teaching methods

Lectures, seminars, exercises and cases. During lectures, an overview of the general rules and principles will be given. The purpose of seminars, exercises and cases is to discuss and apply the general rules and principles to real situations. Students are expected to be well-prepared and participate actively in class. When studying commercial arbitration, there may be a mooting exercise in which students are divided into various small groups representing different parties such as claimants, respondents, witnesses and arbitrators in a China-related commercial dispute. The arbitration proceeding will be conducted from the beginning to end.

Student workload

Classes 28 hours Exercises 10 hours Preparation 120 hours Papers 10 hours Exam preparation 60 hours

Expected literature

Chinese Commercial Law   Parts I & II   READING LIST Please read relevant chapters and/or sections in the following materials according to the lecturer’s instruction from time to time. The lecturer may assign other reading materials from time to time.     Item Book   1. James M. Zimmerman, China Law Deskbook: A Legal Guide for Foreign-related Enterprises, ABA 2005   2. Owen Nee, Shareholder Agreements & Joint Ventures, Sweet & Maxwell 2009   3. Owen Nee & Jingzhou Tao, Mergers and Acquisitions in China, Sweet & Maxwell 2009     4. Randall Peerenboom, China’s Long March Toward Rule of Law, Cambridge University Press 2002     5. Yuwa Wei, Investing in China - The Law and Practice of Joint Ventures, The Federation Press 2000   6. Yan Wang, Chinese Legal Reform - The Case of Foreign Investment Law, Routledge 2002     7. Guanghua Yu, Comparative Corporate Governance in China: Political Economy and Legal Infrastructure, Routledge 2007   8. Lutz-Christian Wolff, Mergers & Acquisitions in China: Law and Practice, CCH HK. Ltd. 2006     9. Zhongfei Zhou, Chinese Banking Law and Foreign Financial Institutions, Kluwer Law International 2001   10. Joseph Norton et. al., Financial Regulation in the Greater China, Taiwan and Hong Kong, Kluwer Law International 2000   11. Michael Moser (ed.), China - Troubleshooter, Euromoney 2000   12. Mark E. Schaub, China: The Art of Law, CCH Hong Kong 2006   13. Jianfu Chen (ed.), China Business Law Guide, Kluwer Law International 2005     14. Cheng Dejun et. al. (eds), Internaitonal Arbitration in the People’s Republic of China, Commentary, Cases and Materials (2nd edition), Butterworths 2000   15. D. R. Fung et. al. (eds), Arbitration in China: A Practical Guide (Volume 1), Sweet & Maxwell 2004   16. Michael Moser (ed), Business Disputes in China, JurisNet LLC 2007