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Insurance

China

Whether you are an insurer, broker, reinsurer or insured party, you face an increasingly unpredictable world. From day-to-day operational matters to strategic planning, liability and disputes resolution, policy drafting, coverage and regulatory issues, your world is changing rapidly as tougher capital and risk requirements impact your business. Many of our lawyers in China have worked in the insurance sector for decades which means we understand the complexities of your markets. Whether you require guidance on claims, regulation policy drafting, wider business disputes, M&A, capital raisings and restructurings, cyber liability, HR, tax, distribution, intellectual property or commercial issues, our multi-disciplinary specialists can help you.

We have a recognised domestic and cross-border track record of delivering for clients on the most complex transactional and advisory engagements in this sector. In China, we have acted on behalf of many of the world’s leading insurers within the general insurance and life sectors in a wide range of business areas.

Supported by 100 specialist lawyers in more than 40 countries, we are attuned to your commercial interests and can protect them in your home market and across borders. Our approach is based on strong local legal knowledge delivered to you by experts who truly understand the insurance sector.

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02 October 2020
Belt and Road Ini­ti­at­ive
China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it.This ma­ter­i­al is the found­a­tion of our new re­ports on BRI, cov­er­ing top­ics such as:The im­pact of Cov­id-19 on BRID­if­fer­ent views of BRI among Chinese and in­ter­na­tion­al par­ti­cipant­s­Joint ven­tures and part­ner­shipsProb­lems ex­per­i­enced in BRI pro­ject­s­Key risks and risk mit­ig­a­tion­BRI dis­pute res­ol­u­tion and ar­bit­ra­tionESG, sus­tain­ab­il­ity and BRI­Belt and Road 2.0The Di­git­al Silk Road  and the Health Silk RoadThe pro­spects for BRI after 2020Our find­ings from China and Asia Pa­cific re­gion are avail­able now.Re­ports on Cent­ral and East­ern Europe, the Middle East, Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um me­di­um me­di­um me­di­um me­di­um me­di­um 
15 October 2020
Over­view on the Guidelines for the Ap­plic­a­tion of Le­ni­ency Pro­gram in Ho­ri­zont­al...
In early Au­gust 2020, the Anti-Mono­poly Bur­eau (“AMB”) of the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion (“SAMR”), in the form of a book (“Book”) titled “A Col­lec­tion of An­ti­trust Reg­u­la­tions and Guideline...
02 October 2020
BRI - View from APAC
The Asia-Pa­cific re­gion (APAC) has seen ex­tens­ive Belt and Road (BRI) in­vest­ment already, and prom­ises much more.But our sur­vey of BRI par­ti­cipants in APAC re­veals un­ex­pec­ted levels of am­bi­val­ence about some as­pects of BRI pro­jects.Can these po­ten­tial dif­fi­culties be tackled in a way that will ad­dress con­cerns about is­sues such as trans­par­ency and sus­tain­ab­il­ity, and en­cour­age the great­er in­volve­ment of in­ter­na­tion­al busi­nesses that China hopes to see? And how are the un­pre­ced­en­ted prob­lems of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Our APAC re­port looks at is­sues in­clud­ing:Dif­fi­culties in BRI pro­jects ex­per­i­enced by APAC par­ti­cipants, and the po­ten­tial for resolv­ing these.The ef­fects of Cov­id-19 on BRI.Mit­ig­at­ing BRI risk and man­aging dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The sec­tors at­tract­ing the most in­terest among BRI par­ti­cipants.The im­pact of BRI 2.0.
14 October 2020
Over­view on the Guidelines on Anti-Mono­poly Com­pli­ance for Un­der­tak­ings
On 11 Septem­ber 2020, the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion (“SAMR”) is­sued the first com­pli­ance guidelines on state level from the per­spect­ive of the PRC Anti-Mono­poly Law (“AML”), i.e. the Gui...
28 September 2020
BRI - View from China
The Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve. Its par­ti­cipants are in­creas­ingly look­ing to meet the trends of the fu­ture. Af­ford­able pro­jects, em­bra­cing mod­ern tech­no­lo­gies and meth­ods, as well the “open, green and clean” ap­proach of BRI 2.0, will of­ten be those that stand the greatest chance of suc­cess – a point un­der­lined by China’s re­cently an­nounced tar­get for car­bon neut­ral­ity and Pres­id­ent Xi Jin­ping’s call for a green re­cov­ery of the world eco­nomy.But how are the un­pre­ced­en­ted dif­fi­culties of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Wel­come to the first of a series of re­ports that as­sess the chal­lenges for BRI and the steps that BRI par­ti­cipants can take to achieve both suc­cess for them­selves and a pos­it­ive fu­ture for BRI. This re­port is in­ten­ded primar­ily for a Chinese read­er­ship and is there­fore avail­able in both Eng­lish and Chinese.The re­port ex­am­ines:Why Chinese par­ti­cipants in BRI are more gen­er­ally pos­it­ive about it than non-Chinese par­ti­cipants, and how this may be re­solved.The ef­fects of Cov­id-19 on BRI, and new en­thu­si­asm for the Health Silk Road.How to mit­ig­ate BRI risk and man­age dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The im­pact of BRI 2.0.
12 October 2020
SPC Pro­mul­gated Opin­ions on In­tensi­fy­ing the Pun­ish­ment for In­tel­lec­tu­al...
On 14 Septem­ber 2020 the Su­preme People’s Court (“SPC”) pro­mul­gated the Opin­ions of the Su­preme People's Court on In­tensi­fy­ing the Pun­ish­ment for In­tel­lec­tu­al Prop­erty Rights In­fringe­ment Ac­cord­ing to th...
6/24/2020
Over­view on Key Is­sues of the Con­tract Part of China’s First Civil Code
30 September 2020
Over­view on the Newly Amended Law of the Peoples Re­pub­lic of China on Pre­ven­tion...
The newly amended Law of the People’s Re­pub­lic of China on the Pre­ven­tion and Con­trol of En­vir­on­ment­al Pol­lu­tion Caused by Sol­id Waste (“Sol­id Waste Law”) came in­to force on Septem­ber 1, 2020. This is th...
6/16/2020
Over­view on the Stip­u­la­tions on Prop­erty Rights in China’s First Civil...
29 September 2020
New Guidelines on For­eign Ex­change Trans­ac­tions un­der Cur­rent Ac­count Items
On 28 Au­gust 2020, the State Ad­min­is­tra­tion of For­eign Ex­change ("SAFE") pro­mul­gated the Guidelines on For­eign Ex­change Trans­ac­tions s un­der Cur­rent Ac­count Items (Edi­tion 2020) ("New Guidelines"). The...
6/8/2020
Na­tion­al People's Con­gress Ad­opts China’s First Civil Code
01 September 2020
China Tax Reg­u­la­tion Up­date - Au­gust 2020
The latest de­vel­op­ment in China Tax Reg­u­la­tion mainly in­cludes: SAT An­nounce­ment [2020] No. 13 An­nounce­ment [2020] No. 36 jointly re­leased by the Min­istry of Fin­ance (“MOF”), the State Ad­min­is­tra­tion of...