Our experienced lawyers share their unique perspectives on the latest market news and trends. Moulis Legal and our lawyers are highly ranked by respected peer review agencies Chambers & Partners, Who’s Who Legal and Best Lawyers. Our recognitions include consistent Band 1 recognition by Chambers & Partners Asia Pacific, and as one of Australia’s top 20 law firms (Chambers & Partners, 2015).
It can be difficult to mount a legal challenge against an administrative decision, such as a planning approval. Courts require mistakes in the exercise of a discretion to be significant, so that they can be said to amount to an error of law, before striking down a challenged decision.
Proposals for new international rules to deal with issues such as the scope of anti-dumping investigations; the controversial question of “zeroing”; anti-circumvention of dumping measures; and how countries must handle investigations, were circulated for comment late last year in the World Trade Organisation (“WTO”).
Radical last-minute changes to amendments to the Trade Practices Act 1974 (“the Act”) present new risks for foreign companies exporting products to Australia at below cost prices, and significant opportunities for Australian industries facing such “dumping”.
Toy recalls, poisonous pet food, poor quality compliance and low labour standards have marred the reputation of Chinese products in the international market place. A recently reported Chinese court judgement about rotten ginger highlights the critical importance of sound contract dispute management procedures and prompt action when something “Made in China” is not as the buyer expected.
Housing affordability is a key policy concern of governments. In Canberra, concerns about affordability are not confined to home buyers or tenants. Similar concerns are shared by commercial property developers, land owners and tenants.
China ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“the Washington Convention”) in 1993. The Washington Convention establishes an arbitration regime for the resolution of investment disputes arising from a foreign investor and its host State.
Australia’s direct investment in China has mainly been concentrated on China’s eastern coastal areas, such as in the Pearl River Delta. However the level of competition and the expense of doing business in these developed areas, even in China terms, is becoming prohibitive.
A US firm may have navigated a way around restrictions on foreign laws firms practising law in China says Jun Wang. But the venture may yet run aground.