International Trade

Minter Ellison’s International Trade group provides support across the full range of issues relating to the regulation of imports, exports and foreign investment together with advice on international issues relating to sanctions, anti-bribery and corruption. Our experience ranges from customs issues and anti-dumping through to support with matters arising under the rules of the World Trade Organization (WTO) and Free Trade Agreements (FTAs). This highly-regarded team has been ranked by leading international legal directory Chambers Global as an Australian market leader and described as 'the foremost in the region for advice on international issues and trade policy'.

Our extensive expertise in international trade law includes advising government and private sector clients on a wide range of trade-related legal and policy issues and acting as legal counsel/adviser to governments (and affected industries) in WTO dispute settlement actions. Our specialist lawyers also have considerable experience providing advice in relation to foreign investment in Australia and in New Zealand. We have a strong track record in dealing with the Foreign Investment Review Board and the Overseas Investment Commission and offer practical advice to improve the success of investment applications.

21 March 2014

The Ministry of Commerce issued the Guideline on Overseas Intellectual Property Rights for Enterprises for trial implementation on 8 February 2014. The Guideline aims to encourage Chinese enterprises to proactively protect their rights by providing greater protection for Intellectual Property Rights for overseas investments, and through mechanisms designed to promptly resolve IP disputes.

13 January 2014

On 28 December 2013, the Standing Committee of the National People's Congress announced the fourth set of amendments to the PRC Company Law, which will take effect on 1 March 2014. The amendments are intended to encourage investment and relax the requirements necessary to establish a company in China.

10 July 2013

The first court decision applying the cartel provisions of the Competition and Consumer Act 2010 has set the bar for establishing per se liability worryingly low. Significantly for M&A practitioners, the case calls into question the traditional risk assessment of 'back to back' or 'partial follow on' transactions from a bid-rigging perspective, including those that occur offshore. With an appeal by Bradken lodged in April, it seems 'at least possible' the Federal Court will revisit the low bar applied to satisfaction of the competition condition in this case - and the outcome will be one to watch.

9 July 2013

On 20 June 2013, the Ministry of Human Resources and Social Security issued Implementing Measures for Administrative License for Labour Dispatch to standardise and formalise the labour dispatch licensing regime in China. The measures came into effect on 1 July 2013 following a discussion draft issued on 19 May 2013.

5 June 2013

Comprehensive legislative changes to enhance and expand Hong Kong's unfair business practices and consumer protection framework, passed in 2012, will come into effect on 19 July 2013. We provide an overview of these major changes and explain how the new expanded consumer protection regime will operate in Hong Kong.