China Business Law Podcast

Art Dicker
  • 5.0 (6)
  • Management
  • Updated Bimonthly

The China Business Law Podcast brings you a real world perspective on how business law is applied on the ground in China. Guests include both in-house and law firm professionals. The hosts are seasoned, practicing lawyers with decades of China experience.

  1. Sep 8

    Are Offshore Trusts Still Safe? China’s New Tax Rules and the Risk of U.S.-China Double Taxation

    Are offshore trusts still an effective wealth-planning tool for Chinese families with assets and family members in the United States? In this episode of the China Business Law Podcast, Art Dicker speaks with Kong Yu, a partner in the Shanghai office of Tahota Law Firm, about China’s new tax rules affecting offshore trusts and the potential consequences for cross-border families. China’s Ministry of Finance and State Taxation Administration issued Announcement No. 21 in July 2026, introducing important rules governing offshore trusts established or controlled by Chinese tax residents. Kong explains how the new framework may treat the transfer of assets into an offshore trust as a taxable event and may also tax trust investment income annually—even when that income has not yet been distributed. The discussion covers whether trust expenses can be deducted, whether obtaining a U.S. green card or foreign citizenship is enough to terminate Chinese tax residency, and when loans, guarantees, expense payments, or use of trust assets may be treated as deemed distributions. Most importantly, Art and Kong examine the risk of China-U.S. double taxation. A Chinese tax-resident parent may owe Chinese tax on offshore trust income as it arises, while a U.S. green-card-holding child may later owe U.S. tax when the same income is distributed. Because the taxpayers and timing may differ, normal foreign tax credit mechanisms may not fully eliminate the duplicate tax burden. For Chinese families using offshore trusts for succession planning, global investing, or transferring wealth to children living in the United States, the episode highlights why tax planning increasingly needs to happen before the trust is established—not after.

    Are Offshore Trusts Still Safe? China’s New Tax Rules and the Risk of U.S.-China Double Taxation

  2. Aug 25

    The Legal Side of Chinese Companies Investing in One Belt One Road Countries

    In this episode of the China Business Law Podcast, we speak with Junyan Xiao, Partner at Haiwen & Partners, about the rapidly evolving world of Chinese outbound investment and the legal challenges Chinese companies face as they expand globally. Junyan explains how Chinese companies are increasingly looking beyond the United States and Europe toward One Belt One Road markets such as Saudi Arabia, Vietnam, Africa, and Southeast Asia, with a growing emphasis on greenfield investments and joint ventures. We discuss China’s outbound investment approval process, including the roles of NDRC, MOFCOM, and SAFE, and why Chinese regulatory requirements may continue to apply even when investments are made through offshore subsidiaries using funds already outside China. Junyan also shares practical insights from advising Chinese investors on: Conducting due diligence that goes beyond financial and legal issues to assess a local partner’s decision-making process, responsiveness, and ability to executeChoosing between Hong Kong, Singapore, and London arbitration and thinking about where an eventual award will actually need to be enforcedManaging increasingly complex data, technology-transfer, and export-control requirementsNavigating localization requirements such as Saudi Arabia’s Saudization rules and local manufacturing requirementsManaging foreign-exchange restrictions, currency availability, profit repatriation, transfer pricing, licensing fees, and management feesStructuring joint ventures to address deadlocks, regulatory changes, exits, and other issues over the entire investment lifecycle One of Junyan’s key observations is that Chinese companies are becoming much more sophisticated global investors. Many of the challenges they now face overseas—from localization and compliance to IP protection and profit repatriation—closely resemble the issues foreign companies confronted when first expanding into China. The conversation offers a practical look at how Chinese outbound investment is changing and what companies should consider before committing capital to a new overseas market. You can reach out to Junyan here: http://www.haiwen-law.com/64/110

    The Legal Side of Chinese Companies Investing in One Belt One Road Countries

  3. Jul 29

    The Changing Career Path for In-House Lawyers in Asia-Pacific

    The Asia-Pacific in-house legal market has changed significantly in recent years. Regional headquarters are becoming more fragmented, companies are controlling costs, and the traditional path from China counsel to regional general counsel is no longer as predictable as it once was. In this episode of the China Business Law Podcast, Art Dicker speaks with returning guest Sherry Xu, an experienced in-house legal recruiter now based in Singapore, about how legal professionals should navigate this changing environment. Sherry explains why some senior lawyers may need to reconsider their expectations regarding compensation, titles and geographic scope. In some cases, accepting a lower salary may provide the management experience, broader responsibility or general counsel exposure needed for long-term career development. The conversation also explores what separates effective in-house lawyers from those who struggle during periods of business transformation. Technical legal knowledge is no longer enough. Lawyers must be able to read people, understand competing stakeholders, manage their emotions and offer practical solutions rather than simply identifying risks. Art and Sherry discuss the difficult position of regional counsel who must balance their obligations to global legal leadership with the needs of local business teams. They also share practical advice on building credibility with sales teams, prioritizing urgent matters, understanding commercial incentives and becoming a trusted business partner. For mid-level and senior lawyers considering their next career move, this episode offers a candid look at the realities of today’s legal employment market—and the skills needed to remain valuable in an increasingly uncertain business environment.

    The Changing Career Path for In-House Lawyers in Asia-Pacific

  4. 11/06/2025

    Insights into China's International Investment Landscape with Yuxing Ye

    Connect with Yuxing Zhong Lun Law In this episode of the China Business Law Podcast, we're joined by Yuxing Ye, a senior counsel at Zhong Lun with over 17 years of experience in cross-border mergers and acquisitions (M&A). We discuss his early career, starting from his stint in Singapore, and how the rise of China's economy influenced his return to Beijing and subsequent focus on cross-border M&A. Yuxing details the evolution of China's outbound investments, from high-tech sectors to renewable energy, and the geopolitical and regulatory challenges involved. He also explains the review processes by Chinese regulatory bodies like MOFCOM, NDRC, and SAFE, and the financing strategies for infrastructure and energy projects. Practical aspects of navigating legal and regulatory frameworks in host countries, especially in developing regions, are also covered. Listeners gain a comprehensive understanding of the complexities and strategies in cross-border M&A, particularly in the energy sector.

    Insights into China's International Investment Landscape with Yuxing Ye

  5. 10/31/2025

    International Arbitration and Litigation: Expertise from Ying Zeng

    In this episode of the China Business Law Podcast, we're joined by Ying Zeng, a partner in the Dispute Resolution Practice Group at Han Kun Law Offices. Ying brings extensive experience in commercial dispute resolution in both the US and China. She shares her journey into international arbitration, her role in managing cross-border disputes, and the transformations in legal practices she's witnessed over the years. We delve into the nuances of handling litigation strategies, the evolving landscape of Chinese companies involved in overseas disputes, and the recent developments in enforcing foreign judgments in China. Ying also provides practical advice on choosing between arbitration and litigation and highlights the importance of effective communication between local and foreign counsel in cross-border cases.

    International Arbitration and Litigation: Expertise from Ying Zeng

  6. 07/19/2025

    Empowering Chinese American Lawyers: A Conversation with Amy Chen

    Empowering Chinese American Lawyers: A Conversation with Amy ChenWelcome to another insightful episode of the China Business Law Podcast. Today, we are thrilled to have Amy Chen, a prominent legal professional and co-founder of the Chinese American Lawyers Association of Orange County (CALA). In this interview, Amy shares her extraordinary journey in the legal realm and her vision for empowering Chinese American contributions within the legal community. Meet Amy ChenConnect with Amy CALA Website Amy Chen is not just any lawyer; she is a trailblazer in advocating for Chinese American voices within the legal industry. As the president of CALA, she is passionate about creating platforms that connect Chinese American legal professionals and fostering growth within this community. Her legal career spans from major law firms in Hong Kong to influential in-house roles in tech companies. A Legal Path Influenced by Family and CultureAmy’s legal journey started with an interest in business and China during her college years, which led to an inspiring stint at a law firm in Hong Kong. This experience cemented her decision to pursue law, fueled by both professional aspirations and family legacy—particularly her grandfather's groundbreaking achievements as a lawyer in Europe. Amy studied law at Columbia and began her career at Simpson Thacher before transitioning to pivotal roles in technology firms, including Alibaba during its formative years. Building Bridges Through CALAThe idea for CALA originated over lunch with a fellow lawyer, where they identified a need for a platform dedicated to addressing Chinese American legal challenges in Orange County. Starting with drafting bylaws, the association quickly evolved with a mission to develop, empower, and elevate the contributions of its members to the legal and civic landscape. Challenges and Opportunities in the Legal FieldAmy's career has seen significant shifts due to changing US-China relations, pushing her towards advocacy and community-focused efforts. She highlights barriers faced by Chinese American lawyers, such as underrepresentation in the upper echelons of the legal field and societal biases. CALA aspires to tackle these issues through professional development programs, legal education, and community engagement. Inspiring the Next GenerationFor aspiring lawyers, Amy offers invaluable advice: approach the legal profession with eyes wide open. It's a demanding field that requires a commitment to learning and a skill set that includes relationship-building and staying informed about global and industry-specific trends. Crucially, she stresses the importance of cultivating a network and finding mentors. Moving Forward: Advocacy and CollaborationWhile still in its infancy, CALA has ambitious plans to delve into advocacy, especially around pressing issues such as immigration and civil rights. The organization is also forging partnerships with other legal bodies and community groups to enhance its impact and outreach. Join the MissionUnder Amy’s leadership, CALA is on the path towards significant contributions to the legal community and beyond. For those interested in joining or learning more, Amy and CALA welcome engagement through their website at calaoc.org. Together, they are redefining the narrative and presence of Chinese American professionals in law and civic spaces. Thank you to Amy Chen for sharing her journey and insights. Her story is a powerful reminder of how dedication and community can drive impactful change. If you're interested in learning more about CALA's work or want to get involved, reach out through their website.   Timestamps 00:00 Introduction and Guest Welcome 00:34 Amy Chen's Journey into Law 03:22 Transition to In-House and Tech Industry 04:24 Return to the US and Continued China Focus 09:21 Founding the Chinese American Lawyers Association 16:42 Asian American Representation in Law Firms 17:08 Professional Development Initiatives 18:29 Community Engagement and Civic Involvement 18:41 Addressing Societal Bias and Discrimination 21:32 Cultural Values and Corporate America 25:08 Advocacy and Legal Parameters 26:59 Collaboration with Other Organizations 29:10 Advice for Aspiring Lawyers 33:04 Conclusion and Contact Information ProducerJacob Thomas Follow UsLinkedIn Apple Podcasts

    Empowering Chinese American Lawyers: A Conversation with Amy Chen

  7. 07/19/2025

    Innovative Wealth Planning: Legal Perspectives with Henry Ji and Amber Guan

    Innovative Wealth Planning: Legal Perspectives with Henry Ji and Amber GuanWelcome to another insightful episode of the China Business Law Podcast. Today, we are privileged to host two exceptional legal experts, Henry Ji and Amber Guan, from Zhong Lun Law Firm. With their extensive expertise in wealth planning, they provide unique insights into the legal perspectives of managing wealth for high net worth individuals in China. Meet Our Experts: Henry Ji and Amber Guanguanxin@zhonglun.com https://en.zhonglun.com/team/henryji.html Henry Ji, a partner at Zhong Lun, and Amber Guan, a managing associate, are pioneers in the domain of private wealth planning. Both are dually qualified to practice law in China and New York State, USA, bringing a robust international perspective to their practice. Over the past eight years, they've been at the forefront of advising Chinese high-net-worth families and multinational companies on wealth planning. Emerging Trends in Wealth PlanningIn recent years, the focus of wealth planning in China has shifted from primarily wealth creation to more comprehensive strategies involving family asset protection, governance, and succession planning. Henry highlights the evolution in this field, particularly noting the change during the rapid capital market expansion and IPO activities from 2012 to 2021. Today, families seek integrated structures that address multiple needs like control, tax efficiency, and succession. Handling Cross-Border Wealth ChallengesAmber elaborates on the complexities of managing cross-border investments and assets. With varying legal systems and regulatory environments, cross-border wealth planning poses unique challenges. The divergence in these frameworks, coupled with China's strict currency controls, makes compliance a sophisticated process requiring coordination among legal, tax, and other professionals. Ensuring Compliance Amidst ScrutinyIn the face of increasing scrutiny from both Chinese and foreign governments, compliance becomes imperative. Henry and Amber stress the significance of strict adherence to legal and regulatory frameworks to avoid administrative or criminal liabilities. They emphasize the necessity for transparency, proper documentation, and alignment with international tax and reporting standards. Asset Protection Strategies for Chinese ClientsFor high net worth individuals, asset protection is a primary concern. Both experts recommend the use of trusts and insurance products as effective mechanisms. They advise on restructuring corporate governance and shareholding arrangements to safeguard personal assets and prevent business liabilities. Collaboration for Comprehensive Wealth PlanningWealth planning is multifaceted, involving legal advice, financial strategies, and tax implications. Henry and Amber work closely with financial advisors and tax experts to provide comprehensive solutions that are both legally sound and financially strategic. This collaborative approach ensures tailored solutions that align with clients' long-term objectives. Personalized Wealth Planning StrategiesEvery family is unique, and so are their wealth planning needs. The experts at Zhong Lun prioritize understanding each client's personal, family, and business landscapes to design strategies that are custom-fit. Whether the goal is protecting a family business, facilitating succession, or ensuring regulatory compliance, their approach is highly personalized. Building Long-Term Client RelationshipsTrust is the cornerstone of successful wealth planning, particularly in the realm of high net worth individuals. Henry and Amber emphasize building long-term relationships through consistent, reliable, and discreet services. They maintain regular communications and reviews to adapt to clients’ evolving needs. Contacting Zhong Lun for Wealth Planning ExpertiseFor those interested in leveraging the expertise of Henry Ji and Amber Guan in navigating the complexities of wealth planning in China, they welcome inquiries through email. Henry's contact details can be found on the Zhong Lun website, while Amber can be reached at guanxin@zhonglun.com. Their proficiency in legal nuances and dedication to client objectives make them invaluable allies in wealth management. Timestamps 00:00 Introduction and Guest Welcome 00:26 Guest Backgrounds and Expertise 03:25 Current Trends in Wealth Planning 06:41 Challenges in Cross-Border Wealth Planning 10:17 Ensuring Compliance with Regulations 13:47 Strategies for Asset Protection 16:37 Balancing Legal and Financial Advice 19:58 Succession Planning Concerns 24:26 Personalizing Wealth Planning Strategies 27:20 Building Long-Term Client Relationships 30:33 Conclusion and Contact Information ProducerJacob Thomas Follow UsLinkedIn Apple Podcasts

    Innovative Wealth Planning: Legal Perspectives with Henry Ji and Amber Guan

  8. 06/08/2025

    Dispute Resolution in China with Andy Han

    Dispute Resolution in China with Andy HanWelcome to another episode of the China Business Law Podcast. In this episode, we are privileged to host Andy Han, a partner at Allbright Law with expertise in cross-border dispute resolution involving China. His insights offer a deep dive into the intricacies of navigating legal disputes in the region. Introducing Andy HanConnect with Andy Allbright Law Andy Han brings over a decade of experience as an attorney in China, specializing in cross-border disputes and transactions such as M&A and Foreign Direct Investment (FDI) projects. His career journey provides him with a unique perspective on the challenges and resolutions in the legal landscape across borders, particularly during pivotal periods such as the COVID-19 pandemic. The Landscape of Cross-Border Dispute ResolutionDuring the COVID-19 pandemic, Andy aided foreign clients in navigating disputes arising from cross-border transactions, specifically the acquisition of medical supplies from China. He reflects on the spike in such disputes due to the urgent demand for medical products and the subsequent quality issues that arose. His expertise is not limited to dispute resolution; Andy also emphasizes the importance of drafting robust contracts. He recommends clearly defining dispute resolution clauses within contracts, choosing between litigation or arbitration carefully, based on applicable laws and enforceability. Choosing Between Arbitration and LitigationA significant part of cross-border contract negotiations involves deciding on dispute resolution mechanisms. In particular, Andy advises against including both litigation and arbitration in a single clause under Chinese law, as this can invalidate the litigation choice. Factors to consider include the nature of the dispute, cultural factors, and language. For example, in cases with a foreign element, foreign arbitration centers in third countries like Singapore or Hong Kong might be preferred for neutrality. However, if the contract involves purely domestic issues, Chinese arbitration centers or courts are advisable. Enforcing Arbitration Awards in ChinaAndy shares insights into the enforcement of arbitration awards within China. For domestic awards, enforcement is typically straightforward without the need for additional recognition processes. However, enforcing foreign arbitration awards can be more complex, often involving recognition by Chinese courts under the New York Convention. Recent trends show improvement in the enforcement of foreign arbitral awards, with a success rate over 90% in certain scenarios. Yet, challenges remain, such as proper notification to respondents in defaults or exceeding the scope of the arbitration agreement. Practical Advice for Foreign EnterprisesBeyond addressing disputes, Andy stresses the importance of preventive measures. Conducting thorough background checks on potential business partners can preemptively mitigate risks. Additionally, recognizing fully foreign-owned enterprises in China as domestic companies can influence the governance and dispute resolution approaches. Proactive Measures and Government InitiativesThe Chinese government is increasingly supportive of foreign arbitration centers establishing branches within China, facilitating a more integrated and accessible legal framework. This aligns with broader efforts to attract international business and enhance trust in China’s legal system. Final Thoughts and Reaching OutAndy Han encourages foreign in-house counsel to carefully consider dispute resolution clauses during negotiations and remain proactive in preventing disputes. For further guidance, Andy can be reached through LinkedIn or his firm's contact details. Timestamps 00:00 Introduction and Guest Welcome 00:15 Andy's Background in Cross-Border Dispute Resolution 01:59 Key Considerations in Cross-Border Contracts 03:26 Litigation vs. Arbitration in China 07:50 Enforcement of Arbitration Awards in China 18:49 Trends and Practical Advice for Foreign Companies 24:24 Final Thoughts and Contact Information   ProducerJacob Thomas Follow UsLinkedIn Apple Podcasts

    Dispute Resolution in China with Andy Han
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The China Business Law Podcast brings you a real world perspective on how business law is applied on the ground in China. Guests include both in-house and law firm professionals. The hosts are seasoned, practicing lawyers with decades of China experience.

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