We examine the effect on various English law governed maritime contracts from the targeted action by the U.S. Trade Representative seeking to reduce the power of Chinese parties in the maritime sector.

In recent years, China has witnessed substantial changes in its regulatory framework for handling personal information, with more updates on the horizon. While the compliance burden has eased, companies must still adhere to the fundamental requirements of the Personal Information Protection Law. Systematic enforcement by the authorities has also begun, making compliance more critical than ever.

China has amended its criminal law for the 12th time with effect from 1 March 2024 by increasing penalties and adding employees of private companies to some bribery and corruption offences that currently only apply to employees of state-owned enterprises.

Trademark registration plays a vital role in securing trademark protection in China. Over 7 million trademark applications were submitted for registration in China in 2022 according to an official report from China's Trademark Office ("CTMO"). As of the end of 2022, the total number of registered trademarks in China exceeded 42 million.

Offshore wind power is a promising renewable energy source that can help the world achieve its carbon neutrality goals and China is one of the world’s largest offshore wind markets. However, the Chinese offshore wind sector is changing, especially after the government subsidies for offshore wind projects were phased out at the end of 2021.

The world relies heavily on China for its supply chains and access to strategic resources. Whilst the geopolitical risk may be increasing, a complete decoupling is still undesirable for most companies. Faced with mounting pressure to diversify out of China, many foreign companies are therefore exploring alternative de-risking strategies to help with effective supply chain diversification and key-asset distribution.

ESG has been developing for decades internationally, in particular in the West, but has not been as well known in mainland China until more recently. Now, however, ESG is increasingly seen as a political priority aligned with the goal of “common prosperity” and therefore firmly on the agenda of large Chinese companies. This includes many shipping companies, where it is also expected that China’s push within green shipping will lead to more mandatory ESG obligations being introduced.

China

Trade Restrictions, Customs and Tariffs

Shipping

Managing Associate

Bård is dual qualified as a Norwegian lawyer and a Solicitor of England & Wales and has a broad international practice focused on shipping and offshore. He regularly assists clients with cross border disputes, negotiating and drafting complex contracts and project due diligence, and also advises international companies with a presence in China on a range of issues regarding their international operations.

Before relocating to the Shanghai office, Bård worked almost five years for Wikborg Rein’s London office and two years for the head office in Oslo. Bård has also spent time at Wikborg Rein’s Singapore office.

Shanghai

Board member, Norwegian Business Association China

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Bård is dual qualified as a Norwegian lawyer and a Solicitor of England & Wales and has a broad international practice focused on shipping and offshore.

Bård Breda Bjerken

Managing Associate and Shanghai Representative

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