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Foreign Direct Investment (FDI)

Amidst the profound restructuring of the global economic landscape, intensifying geopolitical games, and increasingly complex regulatory policies across jurisdictions, cross-border investment has become the most challenging yet valuable link in corporate globalization strategies. Our Cross-Border Investment Team is dedicated to providing comprehensive, full-cycle legal solutions for Chinese enterprises "going global" and foreign investors "coming into China." We not only possess deep expertise in multi-jurisdictional legal systems but also profoundly understand the regulatory logic and business cultures of different regions. Our goal is to help clients build secure, compliant, and efficient investment architectures in an uncertain international environment, achieving optimal allocation of global resources.

[Core Service Offerings]

1. Cross-Border M&A and Equity Investment

  • Transaction Structuring: Designing optimal cross-border holding structures and transaction paths based on tax planning, risk isolation, and exit mechanism requirements.

  • Due Diligence: Mobilizing our global network of lawyers to conduct in-depth legal, financial, commercial, and compliance due diligence on target companies, precisely identifying potential risks (e.g., hidden liabilities, IP defects, labor compliance issues).

  • Negotiation & Documentation: Leading negotiations and drafting core transaction documents such as Share Purchase Agreements, Shareholders' Agreements, and Merger Agreements, balancing interests and locking in key commercial terms.

  • Financing Arrangements: Assisting clients in establishing cross-border financing structures and coordinating diversified funding schemes including syndicated loans, bond issuances, or private equity introductions.

2. Regulatory Clearance and National Security Review

  • Multi-Jurisdictional Filing Representation: Extensive practical experience in representing clients through rigorous review processes including the US Committee on Foreign Investment in the United States (CFIUS), EU and member state FDI screening mechanisms, the UK National Security and Investment Act (NSI), and Australia's FIRB.

  • Antitrust/Merger Control: Coordinating simultaneous merger control filings across multiple jurisdictions (e.g., China SAMR, US FTC/DOJ, European Commission) and formulating filing strategies to accelerate approval.

  • Export Control and Economic Sanctions Compliance: Providing specialized compliance assessments, license applications, and risk mitigation plans for transactions involving sensitive technologies, entity lists, and sanctioned countries.

3. Greenfield Investment and Project Finance

  • Market Entry Analysis: In-depth interpretation of host country industrial policies, negative lists for foreign investment, and industry licensing requirements to assess investment feasibility.

  • Establishment and Operational Compliance: Assisting in the establishment of overseas subsidiaries, branches, or joint ventures, handling land acquisition, construction permits, environmental impact assessments (EIA), and labor hiring matters.

  • Government Cooperation and Concessions: Representing clients in PPP/BOT negotiations for overseas infrastructure projects, securing government subsidies, tax incentives, and concession rights.

4. Post-Merger Integration and Dispute Resolution

  • Post-Investment Management Support: Assisting in resolving cross-cultural management conflicts, union negotiations, data compliance (e.g., GDPR, China's Data Cross-Border Security Assessment), and global IP layout.

  • International Dispute Resolution: Representing clients in investment disputes, shareholder conflicts, and contract breach cases before international arbitration institutions (e.g., ICC, SIAC, HKIAC, ICSID) and foreign courts, providing asset preservation and judgment enforcement services.

  • Crisis Response: Providing emergency legal response strategies and loss claim solutions for sudden geopolitical risks, policy changes, or expropriation risks.

Industry Focus
Our cross-border investment services deeply cover the following key sectors:

  • Advanced Manufacturing & Hard Tech: Semiconductors, New Energy Vehicles (NEV), High-end Equipment, Aerospace.

  • Energy & Infrastructure: Traditional Oil & Gas, Renewable Energy (Wind/Solar/Hydrogen), Power Grids, Transportation & Logistics.

  • Digital Economy & TMT: Internet Platforms, Artificial Intelligence, Big Data, Cloud Computing, Cross-border E-commerce.

  • Life Sciences & Healthcare: Biopharmaceuticals, Medical Devices, Healthcare Services, Gene Technology.

  • Consumer & Retail: Brand Globalization, Chain Operations, Supply Chain Management.

Our Advantages

  • Global Vision, Local Wisdom: A network of partner law firms across major economies, combining macro-control of international rules with micro-practical capabilities in local laws.

  • Multidisciplinary Synergy: Integrating experts from corporate law, tax, IP, labor, data compliance, and government affairs to provide "one-stop" comprehensive services.

  • Proven Track Record: Successfully executed numerous market-influencing cross-border transactions worth billions, specializing in handling complex, sensitive, and high-difficulty regulatory approval cases.

  • Rapid Response, Pragmatic Efficiency: Deeply understanding business needs and being results-oriented, delivering actionable legal solutions within tight timelines.

We aspire to be your steadfast partner in your globalization journey, safeguarding every cross-border leap with professional legal services and helping you navigate steadily towards success on the world stage.


Professionals

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Sunwell - Managing Partner - Steven Yu
Steven Yu
Managing Partner
Shanghai
Sunwell - Partner - Chris Zhang
Chris Zhang
Partner
Shanghai
Sunwell - Senior Counsel、Lawyer - Linwen Yan
Linwen Yan
Senior Counsel、Lawyer
Shanghai
Sunwell - Senior Counsel - LiWei Song
LiWei Song
Senior Counsel
Shanghai
Sunwell - Lawyer - Mikaela Zan
Mikaela Zan
Lawyer
Shanghai