众多中国建筑公司已经发展壮大成为全球最大的承包商，并且在国际承包工程市场上的竞争力也在迅速加强。根据美国《工程新闻记录》（ENR）公布的2009年225家最大国际承包商排名， 50家中国建筑企业榜上有名。这些公司的现代化和国际化对法律服务的要求和风险管理控制提出了更高的要求。国内外建筑工程专业律师事务所也因而能够大力发展其涉外和国际业务，并且在服务质量和服务方式上经历了新的变革。
From highways in Kenya and power plants in Brazil, to high-speed railways in Turkey and skyscrapers in Dubai, Chinese construction companies have been significantly expanding their global portfolios and market shares over the past few years. A quick glance at the latest statistics from the Engineering News-Record (ENR) shows 50 Chinese companies ranked into the 2009 top 225 international contractors ranking. Their total revenue from overseas markets reached US$43.2bn in 2008, a stunning 90% year-on-year growth.
And as these companies have made inroads into the international construction market and have needed to pay more attention to legal risk management, law firms have also seen their construction practices flourishing –legal teams are growing and billable hours are soaring.
“The effects of the GFC may have caused a slight decline in our revenue from China inbound work, but we are fortunate enough to maintain steady growth as we have experienced strong demand from our Chinese clients over the past 12 months,” said Hew Kian Heong, head of Pinsent Masons’ Shanghai office, which was opened in 2002 as a specialists construction practice to distinguish itself from many large international competitors in the market.
During 2009, at least ten of the 30 major Chinese construction companies that Pinsent Masons has previously worked with, instructed the firm to advise on new projects as far flung as Pakistan, Indonesia, Sri Lanka, Afghanistan, Fiji and Singapore. The types of projects ranged from power plants, roads and bridges to sugar factories and cement plants.
An array of leading domestic construction practices have also been instructed to help their existing clients enter overseas markets.
“Chinese construction companies are becoming an emerging force in the world construction and contracting markets. They increasingly have to abide by the rules of international law and regulations in other jurisdictions,” says Ji Nuo, partner of Fangda Partners. “When they face difficulties and legal matters overseas, they will turn to us for initial consultation and support, and we will work together with an international firm or a local firm from that foreign jurisdiction to provide the best possible solutions.” Ji says that demand for legal representation for international arbitration, in particular, has grown significantly in recent years.
Domestic law firms are having an increasing share in the outbound construction market segment, and more are keen on entering this promising field. However, the threshold for firms to enter and do well is constantly being pushed higher.
“As Chinese construction companies have gained more knowledge and experience in the international markets, they will demand an accordingly higher level of skills and knowledge from their legal advisors,” says Qin Yu, a partner of Jun He specialising in industrial construction. “They’ve been doing projects overseas for a long time, generally much longer than their lawyers, so sometimes their questions to the legal counsels can be very challenging and difficult.”
Since 2005, Qin has been following clients to over ten countries, mostly in Africa, South America and the former USSR countries. One of the recently completed projects is CITIC international cooperation’s EPC contracts for three cement production lines in Belarus. The project has been so far the largest industrial cooperation project between China and Belarus. A Jun He team led by Qin participated in the whole process of the transaction, from contract drafting to negotiation and to advice on contract implementation.
“Considering the stage of market development, more opportunities can be expected in this area. And domestic firms will have increasing chances of serving as lead counsel in overseas projects, because of their strengthened capabilities and the proximity to clients’ decision-making authorities, who are mostly based in China,” Qin says.
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