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Henry L.T. Chen Partner Shanghai Tel:+86 21 6105 0586 Fax:+86 21 6105 0501 Send E-mail

Henry Chen is a partner of MWE China Law Offices based in Shanghai.

In addition to his international experience at Baker & McKenzie and Herbert Smith, Henry has practiced for more than 10 years with domestic law firms.  From 2002 to 2006, Henry pursued his education in the United States with the New York University School of Law and the University of Washington School of Law.

During his legal career, Henry has handled many significant cases and projects for both international and domestic clients in the areas of international arbitration, domestic litigation, compliance with the Chinese Anti-Monopoly Law (AML), anti-trust filings, Foreign Corrupt Practices Act (FCPA) investigations and auditing, risk management under anti-commercial bribery laws and other corporate services.  Henry is writing a book in English regarding the risk management on commercial bribery in China. 

Henry speaks and publishes frequently on legal issues concerning China law, Chinese regulatory governmental affairs and international and domestic dispute resolution regimes. 

Henry is a licensed lawyer of the PRC and the New York State of the US.

Henry is the Commissioner of the Economic Committee of All China Lawyers’ Association, and a member of the Swiss Arbitration Association.

Henry and his team won the Best AML Practice Award of Shanghai Luwan Judicial Bureau of 2009.

Representative Transactions

• Conducted an antitrust audit of the Chinese subsidiaries of one of the biggest pet food manufacturing enterprises
• Advised one of the largest pharmaceutical companies in the world in its filings with Chinese antitrust authorities related to its merger valued at USD68 billion
• Advised one of the largest food manufacturing companies in the world in an antitrust and competition law compliance review of its relationships with Chinese distributors
• Advised several US-based hedge funds on a range of matters concerning PRC antitrust law
• Advised one of the largest steel products manufacturers in the world in its filings with Chinese anti-trust authorities related to its acquisition of a Hong Kong holding company (e.g., drafting antitrust notification report)
• Advised a major American manufacturer of computer inspection and measurement systems on its anti-monopoly filing with the Ministry of Commerce and SAIC (e.g., drafting antitrust notification report)
• Reviewed and analyzed the FCPA audit report of a big four accounting firm in relation to the newly acquired Chinese subsidiaries of a major US company, and provided advice to the US company to manage its risks in respect of the FCPA and Chinese anti-bribery law
• Advised a Sino-Germany joint venture on its FCPA compliance audit to establish its internal control policies on payment to commercial partners of high risks
• Advised the wholly-owned enterprise of a major US trading company on its internal FCPA compliance audit and anti-fraud investigations
• Provided the FCPA and Chinese anti-bribery law training to the Chinese staff of one of the world largest pet food companies
• Provided the FCPA and Chinese anti-bribery law training to the Chinese staff of the Chinese subsidiary of a major US food company
• Provided the FCPA and Chinese anti-bribery law training to the Chinese staff of a global leading company in blood processing technology
• Provided legal opinion to a major US company in the cosmetics industry regarding offering tourism opportunities as bribes under the Chinese anti-bribery law
• Provided advice to a major US pharmaceutical company regarding a Chinese governmental investigation on commercial bribery matters, and made the representations with the governmental agency for and on behalf of the company
• Advised a major US pharmaceutical company on the commercial bribery investigation of the concerned Chinese government
• Investigated and audited a wholly foreign owned enterprise (WFOE) of a major non-Chinese manufacturer of retail banking equipment on matters related to compliance with Chinese anti-bribery laws
• Advised a wholly foreign owned enterprise (WFOE) of a major non-Chinese manufacturer of retail banking equipment on matters related to compliance with Chinese anti-bribery laws
• Represented a major joint venture company set up in China in its administrative hearing with the State Administration for Foreign Exchange regarding its compliance with Chinese foreign exchange laws
• Acted for the Chinese subsidiary of a major US tourism and entertainment company to have its disputes with a Chinese company arbitrated in the Beijing Arbitration Commission
• Advised one of the big four international accounting firms in a CIETAC arbitration arising from a dispute with a Chinese publicly-listed company
• Advised one of the largest international hotel management companies in arbitration held at the Hong Kong International Arbitration Center arising from a dispute with a hotel under its management
• Acted for a Chinese company to have its joint venture disputes with a German company arbitrated in Zurich under the auspices of the International Chamber of Commerce
• Advised a major Italian cruise operator to have its disputes arbitrated by the Shanghai Arbitration Commission
• Acted for a major Chinese building materials company to have its disputes arbitrated by the Beijing Arbitration Commission

Recent Publications, Speeches and Interviews

Co-author, Chinese Arbitration Reference Guide, Global Arbitration Review website

Possible Impacts of the Dodd-Frank Act on U.S. Companies Doing Business in Asia, Bloomberg Asia Pacific Law Report (June 2011)

ALB Presentation - Antitrust Law in Asia Pacific, October 5, 2010 (http://www.keymedia.com.au/KMIConferences/Antitrust_Law_APC_3pp_email.pdf)

China Cracks Down on Bribery, MDDI Magazine, July of 2010, (http://www.mddionline.com/article/china-cracks-down-bribery)

Civil Fraud v. Criminal Fraud: Criminal Proceedings Not a Silver Bullet to Resolve Business Disputes in China, Bloomberg Asia Pacific Law Report, August of 2010 (http://www.mwe.com/info/pubs/Civil%20Fraud%20v.%20Criminal%20Fraud%20-%20Criminal%20Proceedings%20Not%20a%20Silver%20Bullet%20to%20Resolve%20Business%20Disputes%20in%20China.pdf)

New Chinese Health and Pharmaceuticals Regulations, the International News, Issue 2, 2010 (http://www.mwe.com/info/news/int0210.pdf#page=4)

China's Anti-Monopoly Law: Experience and Lessons Learned After Two Years, the International News, Issue 2, 2010 (http://www.mwe.com/info/news/int0210.pdf#page=16)

Better Protection of IPR in China Translates Into More VC Funding,  EuroBiz, June 2010 (http://www.mwe.com/info/pubs/EuroBiz_VC_Funding_Chen_Jordan_June%202010.pdf)

Complexities of Regulatory Compliance as China’s Competition Laws Evolve, Compliance Insider (http://www.complianceinsider.com/user)

Double Exposure to Legal Risk under China’s Competition Law: Comments upon the Exclusive Sales Arrangement in China, Bloomberg Asia Pacific Law Report (May of 2010) (http://www.mwe.com/info/pubs/Double%20Exposure%20to%20Legal%20Risk%20Under%20China's%20Competition%20Laws.pdf)

Antibribery Crackdown Transforms Business Practices in China, MX: Medtech Executive(December 2009) (http://www.mwe.com/info/pubs/MX_1209.pdf)

The Enforcement of Foreign Arbitration Awards in China, Bloomberg Asia-Pacific Law Reports (November/December 2009)

Toeing the Line– Risk Management Control under the Anti-Monopoly Law on Joining Trade Associations, Shanghai Business Review (October 2009)

China Cracks Down on Commercial Bribery to Make Medical Products More Affordable, International News, Issue 2, 2009 (http://www.mwe.com/info/news/int-summer09.pdf#page=8)

Dow Jones Newswire's Interview of Henry Chen on May 26, 2009 regarding Implementation of the Anti-Monopoly Law (http://webreprints.djreprints.com/2473271079855.html)

The Impact of Possible Protectionist Policies on the Chinese Economy, International News, Issue 1, 2009 (http://www.mwe.com/info/news/int-spring09.pdf#page=13)

China Policy Laws and Separation of Powers, The East Asia Law Review  (http://www.pennealr.com/media/articles/vol1/CLPR_v1i1ps30pe56.pdf)

 

Newsletters

• China to Draft Civil Procedures for Suits Under Anti-Monopoly Law (September 9, 2010) (http://www.mwechinalaw.com/news/2010/chinalawalert0910a.htm)
• Special Regulations of China to Curb Price Fluctuations (July 19, 2010) (http://www.mwechinalaw.com/news/2010/chinalawalert0710c.htm)
• New Regulations on the Divestiture of Assets or Businesses (July 13, 2010) (http://www.mwechinalaw.com/news/2010/chinalawalert0710b.htm)
• China Issues Revised Draft Regulations on Monopoly Agreements and Abuses of Dominant Market Position for Second-Round Comments (June 4, 2010) (http://www.mwechinalaw.com/news/2010/chinalawalert0610b.htm)
• Draft Regulations on Abuses of Administrative Power to Eliminate or Restrict Competition (June 4, 2010) (http://www.mwechinalaw.com/news/2010/chinalawalert0610.htm)
• Price Manipulation in China May Trigger Criminal Liability: An Update (April 16, 2010) (http://www.mwechinalaw.com/news/2010/chinalawalert0410a.htm)
• Price Manipulation in China May Trigger Criminal Liability(February 18, 2010) (http://www.mwechinalaw.com/news/2010/chinalawalert0210c.htm)
• MOFCOM Anti-Monopoly Bureau Issues Interpretations of Notification and Examination Measures (January 26, 2010) (http://www.mwechinalaw.com/news/2010/chinalawalert0110b.htm)
• Effective 1 January 2010, MOFCOM Implements Strengthened Rules for Merger and Acquisition Reviews (December 18, 2009) (http://www.mwechinalaw.com/news/2009/chinalawalert1209b.htm)
• China Issues Draft Regulations on Anti-Price-Monopoly for Comments (August 20, 2009) (http://www.mwechinalaw.com/news/2009/chinalawalert0809a.htm.)
• Chinese Government Issues Finalised Guidelines on Relevant Market Definition (July 10, 2009) (http://www.mwechinalaw.com/news/2009/chinalawalert0709c.htm)
• Chinese Government Issues Procedural Regulations to Curb Abuse of Administrative Powers (June 16, 2009) (http://www.mwechinalaw.com/news/2009/chinalawalert0609b.htm)
• China Issues Draft Regulations on Monopoly Agreements and Abuses of Dominant Market Positions for Comment (May 11, 2009) (http://www.mwechinalaw.com/news/2009/chinalawalert0509b.htm)
• Chinese Antitrust Agency Blocks Coca-Cola Transaction (March 18, 2009) (http://www.mwechinalaw.com/documents/mofcom09-22.htm)
• Anti-Monopoly Pre-Merger Notification Filing Practice in China (March 3, 2009) (http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/d7a45eba-b273-4698-affa-74b2931d1add.cfm)
• China’s MOFCOM Issues Additional Draft Merger Review Rules for Public Comments (February 2, 2009) (http://www.mwechinalaw.com/news/2009/chinalawalert0209a.htm)
• Double Exposure under Anti-Unfair Competition Law and Anti-Monopoly Law (January 21, 2009) (http://www.mwechinalaw.com/documents/mwechinalaw1208.pdf)
• China Releases Merger Notification Guidelines and Draft Relevant Market Definition Guidelines (January 12, 2009) (http://www.mwechinalaw.com/news/2009/guidelines.html)

Education New York University School of Law, LL. M. East China University for Political Science and Law, LL. M. Suzhou University School of Law, LL.B.

Languages English Mandarin

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