By Meg Utterback   Monique Carroll and Emily Rich   King & Wood Mallesons’ Dispute Resolution Group

Bribery and corruption is increasingly an issue of concern for multinational companies, especially when seeking to invest in “high risk” jurisdictions. Historically, the primary concern in this area has been exposure to civil and criminal penalties for contravention of anti-bribery and corruption legislation. However, recent years have seen a growing trend towards governmental expropriation of investments alleged to have been obtained by bribery and corruption. This poses a significant additional risk to foreign investors. Investors who are found to have engaged in corrupt practices will have difficulty defending against expropriation or seeking compensation for expropriation that might otherwise have been obtainable under either domestic or public international law. Unfortunately, in some cases, foreign officials may take retaliatory action against an investor for failing to pay a bribe. Organisations doing business abroad must remain vigilant about anti-bribery and corruption compliance. They must also consider what protections may be available under investment treaties for unfair or arbitrary state conduct that equates to an expropriation or another breach of applicable international standards.
Continue Reading Bribery and Corruption in Foreign Investments: Investors Beware

By King & Wood Mallesons’ Healthcare Group

China’s National Health and Family Planning Commission(” NHFPC “) has recently stepped up its efforts to strengthen the administration of healthcare industry with a serial of regulations and actions, with a focus to crack down on and actions, with a focus to crack down on commercial bribery and illegal medical practice.
Continue Reading China’s NHFPC Further Strengthening its Scrutiny over Irregularities in the Healthcare Industry

By Ariel Ye and James Rowland

On 29 December 2010 the Information Office of the State Council (China’s cabinet) published a report detailing China’s past and present anti-corruption efforts (the "White Paper").1 This has been followed in quick succession by the publication of a report including the key facts and figures relating to China’s anti-corruption efforts in 2010 and a public statement by President Hu Jintao in his address to the Central Commission for Discipline Inspection that the Chinese government will wage a more forceful fight against corruption in future and that "More efforts should be made to investigate graft in key industries and key posts".2Continue Reading Details of China’s Efforts to Combat Corruption and Build a Clean Government Published in State Council White Paper

作者:叶渌罗必成 金杜争议解决组

2010年12月29日,国务院新闻办公室发布了一份详细介绍中国过去及目前反腐败建设的报告(以下称“白皮书”1。 中国政府之前发布了关于2010年反腐败建设主要事实和数据的报告。此外,国家主席胡锦涛在中央纪律检查委员会全体会议上的公开讲话中表示,中国政府将会采取更强有力的措施遏制腐败,并且“应该加大对重要行业中贪污和重要职位贪污的调查”2 。在此基础上,中国政府发布了白皮书。Continue Reading 《中国的反腐败和廉政建设》白皮书内容盘点

By Ariel Ye and James Rowland, King & Wood’s Cross Border Litigation & Arbitration Group

Many foreign business operators report that they are concerned about the risks associated with entertaining their business partners in China, even when providing meals or offering to pay for travel and accommodation costs of a low value.
 Continue Reading Offering Gifts of Travel and Entertainment in China – What if the Recipient is a State Functionary