Nancy NAN Partner

Email: nanxing@anjielaw.com

Tel: +86 10 8567 5990

Fax: +86 10 8567 5900

Language: Chinese,English

Practice Areas: International Trade, Corporate Compliance, Dispute Resolution, Capital Market & Securities

Industries: Automotive, Digital Economy & AI, Energy

Office: BEIJING

Resume
Vcard
Personal Profile
Representative Cases
Honors & Recognition
Professional Association
Publications
Working Experience
Education Background
Qualifications

Nancy NAN is a partner at AnJie Broad Law Firm and an expert of the International Trade and State Aid Working Group of the International Chamber of Commerce ("ICC"; non-EU representative), where she has been instrumental in drafting recommendations. Nancy has significantly contributed to Tesla's legal and compliance framework in China, which is pivotal in ensuring its stable and rapid growth. Her exceptional dedication and resilience have earned her accolades from Tesla, including "Best Performance" and "Most Valuable Player" awards. Tesla stated, "We extend our gratitude to Ms Nan Xing for her unwavering dedication, remarkable resilience, and invaluable support to our business team."


As an ICC expert, she has provided feedback on the European Commission's ("EC") Foreign Subsidies Regulations Bill, which both the ICC and the EC subsequently adopted. Her recommendations have influenced the development of EU foreign subsidy regulations. The China National Committee of the ICC commends her for "demonstrating an unwavering sense of duty, profound professionalism, and selfless dedication. Her exemplary conduct contributes to the enhancement of China's business community's influence and discourse power in international rulemaking."


Areas of Practice

Nancy is a lawyer specializing in the automobile industry in China. With 13+ years of experience, she provides comprehensive legal counsel to automotive manufacturers, OEMs, and corporate entities. Her expertise covers industry regulation, autonomous driving, international trade, data protection, advertising, consumer rights, production, sales, after-sales, automotive finance, vehicle charging networks, commercial matters, law enforcement, product liability, investment disputes, contracts, cross-border M&As, compliance, dealer structures, intellectual property, capital markets, investment, financing, equity incentives, and labour matters. Nancy also has extensive practical experience in economic sanctions, export controls, and trade policy consultations.


She has represented clients in domestic and cross-border litigation and arbitration cases involving manufacturing, mining, and entertainment before institutions such as the China International Economic and Trade Arbitration Commission ("CIETAC"), BJAC, Supreme People's Court, Beijing Higher People's Court, and other courts.


Nancy is highly regarded for her in-depth automotive industry knowledge and ability to navigate complex legal landscapes. She provides practical and strategic legal advice tailored to clients' unique needs. With a strong track record of achieving favourable outcomes, Nancy is dedicated to protecting client interests and helping them achieve their business objectives. Her reputation as a skilled lawyer in the automobile industry in China is built on her professionalism, attention to detail, and strong advocacy skills.


Representative Cases

Mergers and Acquisitions, Automotive, New Energy, and Artificial


Intelligence Industries:

  • Tesla, Inc. - Served as a trusted legal advisor in China, providing comprehensive support and guidance on various legal matters.
  • Volkswagen - Acted as a legal advisor in China, assisting the company with legal strategies and compliance in the Chinese market.
  • Porsche - Provided legal advisory services for China, ensuring compliance with local laws and regulations.
  • Product Liability and Consumer Claims:
  • Represented a global automobile group in China, successfully handling a series of product liability and consumer claims cases, safeguarding the company's reputation and minimizing potential damages.
  • Resolved disputes between a global automobile group and its suppliers in China through skilful negotiations and settlement, fostering positive supplier relationships and ensuring smooth operations.


Charging Infrastructure and Services:

  • Assisted a global automobile group in China with upgrading charging interfaces, ensuring compatibility and efficiency in their charging systems.
  • Provided legal services for a global automobile group in China and facilitated the establishment of an insurance brokerage company to address specific needs and requirements.
  • Supported a global automobile group in China by providing legal services for establishing company entities, showrooms, and 4S stores, facilitating their expansion and market presence.
  • Enabled a global automobile group in China to engage in cross-border sales of vehicles and spare parts and after-sales services, ensuring compliance and smooth operations.
  • Supported a global automobile group in China in upgrading vehicle owner's manuals to meet regulatory standards and enhance customer experience.
  • Facilitated the establishment of a network of supercharging stations and destination charging stations for a global automobile group in China, contributing to the growth of the electric vehicle ecosystem.
  • Provided legal services for a global automobile group in China and ensured legal compliance in providing vehicle charging services to customers.
  • Assisted a global automobile group in China with procuring goods and services and establishing robust agreements and safeguards.
  • Provided legal services for a global automobile group in China for vehicle certification operations, ensuring compliance with applicable regulations.
  • Advised a global automobile group in China on cross-border goods transportation, ensuring adherence to customs and trade regulations.
  • Assisted a global automobile group in China with customs duty issues, providing expertise and guidance on mitigating risks and optimizing customs processes.
  • Supported a global automobile group in China in implementing equity incentives, ensuring compliance with legal requirements, and optimizing employee incentives.


Agreement Development:

  • Developed various agreement templates for a global automobile group, including sales-related agreements such as test drive agreements, vehicle purchase agreements, agreements for major customers, used car purchase agreements, certified used car purchase agreements, vehicle exchange purchase agreements, reservation agreements, customer privacy policies, patent commitments, and confidence guarantee plans.
  • Developed agreements related to after-sales services, including service loan vehicle agreements, general terms and conditions of repair services, limited quality guarantees for used cars, and warranty certificates.
  • Drafted agreements related to charging services, including service payment terms, reasonable use policies for supercharging stations, site use agreements for supercharging stations, destination charging project agreements, destination charging confirmation letters, wall-mounted charger installation agreements, and more.
  • Developed agreements related to procurement, including master service agreements, construction service agreements for supercharging stations, general terms and conditions for non-production procurement, confidentiality agreements, and more.
  • Developed agreements related to finance, including repurchase framework agreements, ensuring clarity and protection of financial interests.
  • Developed agreements related to human resources, including communication policies, fostering a harmonious and compliant work environment.


International Trade and Investment:

  • Provided valuable feedback as a global expert on the ICC International Trade and Aid for Trade Commission, influencing the EC's foreign subsidy regulation bill. The feedback focused on increasing transparency, rectifying erroneous administrative actions, and enhancing efficiency in administrative review and litigation procedures.
  • Assisted a prominent Chinese automotive conglomerate in expanding into the European, Korean, Thai, and Indian markets, providing legal services to navigate regulatory frameworks and ensure compliance.
  • Facilitated the acquisition of factories in Thailand and India for a prominent Chinese automotive conglomerate, guiding the company through legal processes and due diligence.
  • Dispute Resolution:
  • Contributed as an expert from the China National Committee of the ICC on the ICC Arbitration and ADR Commission's 2022 report on alternative dispute resolution and arbitration, sharing valuable insights and perspectives.
  • Represented a well-known Chinese cultural enterprise as the buyer in an arbitration case at CIETAC, achieving a successful claim of over $3.5 million against a globally renowned sports association.
  • Represented a large domestic enterprise in a contribution agreement dispute at the CIETAC, successfully achieving a settlement and obtaining compensation of over CNY 420 million from a well-known investment institution.
  • Handled a sales contract dispute for a Chinese company at CIETAC, resolving the conflict with a company from Bangladesh.
  • Provided expert opinions on the amendment of the Civil Procedure Law of the People's Republic of China, advocating for the establishment of an online dispute resolution system, ultimately leading to revisions in the relevant provisions.


Compliance:

  • Provided comprehensive legal services for a global automobile group in China, including establishing and constructing compliance systems to ensure adherence to legal and regulatory requirements.
  • Supported a well-known Chinese automotive conglomerate in establishing a global sales compliance system, enabling the company to comply with regulations across different markets.

Data Protection:

  • Provided legal services for network security, data security, and privacy protection for a global automobile group in China, ensuring compliance with data protection laws and regulations.
  • Assisted a global automobile group in China with personal information protection and data compliance in various programs, including customer referral programs, employee group insurance programs, employee pension programs, and offline test drive events.
  • Developed personal information protection policies and ensured data protection compliance for a global automobile group's public platforms, Chinese websites, mini-programs, and other platforms.
  • Provided legal services for personal information protection and data compliance in an employee training program for a global automobile group, ensuring proper handling and protection of personal data.


Honors & Recognition

  • Most Valuable Player Tesla, Inc., 2018
  • Best Performance Tesla, Inc., 2016


Client Testimonials


"Nan Xing has actively participated in the work of the ICC and the China National Committee of the ICC, demonstrating a strong sense of mission and responsibility. She fulfils her duties diligently, selflessly dedicates herself, and fully showcases a high level of professionalism and dedication. Her efforts contribute to enhancing the discourse power and influence of China's business community in the formulation of international rules." - China ICC, China National Committee of the ICC.


"We extend our gratitude to Lawyer Nan Xing for consistently bearing an extraordinary workload with remarkable resilience, providing strong support to our business team." – Tesla.


Professional Association

  • Expert in the International Trade and State Aid Working Group of the ICC.
  • Member of the International Investment and Trade Law Professional Committee of the Beijing Lawyers Association.


Publications

Mergers and Acquisitions, Automotive, New Energy, and Artificial


Intelligence Industries:

  • Legal Guidance - Tesla China Charging Development (Tesla Inc, 2017)
  • Compliance Management Guidelines for the New Energy Vehicle Industry:
  1. Volume 1: International Investment, International Trade, and Sanctions
  2. Volume 2: Intellectual Property Protection
  3. Volume 3: Cybersecurity, Data Compliance, Privacy Protection, and Autonomous Driving
  4. Volume 4: Marketing Communications and Consumer Rights Protection
  5. Volume 5: Production, Sales, After-sales, and Product Liability
  6. Volume 6: Antitrust and Competition Law
  7. Volume 7: Finance
  8. Volume 8: Energy
  9. Volume 9: Artificial Intelligence


International Trade and Investment:

  • How Chinese Companies Should Respond to the "Foreign Subsidies Regulations" (Corporate Legal Journal, 2023)
  • Opinion and Recommendations on the European Union's Foreign Subsidies Regulations Bill (ICC, 2022)
  • Dispute Resolution:
  • Opinion on the ICC Arbitration and Alternative Dispute Resolution Task Force 2022 Report (ICC ADR and Arbitration Task Force, 2022)
  • Suggestions for the Amendment of the Civil Procedure Law of the People's Republic of China and the Establishment of an "Online Dispute Resolution Procedure" in China (Standing Committee of the National People's Congress, China National Committee of the ICC, 2021)
  • Regulatory Compliance:
  • Export Controls and Economic Sanctions - EU Sanctions on Russia and Compliance Points for Chinese Companies (LexisNexis, 2023)
  • Export Controls and Economic Sanctions - OFAC Secondary Sanctions on Iran and Compliance Points for Chinese Companies (LexisNexis, 2023)
  • Export Controls and Sanctions - UN Sanctions on North Korea and Compliance Points for Chinese Companies (LexisNexis, 2023)
  • Export Controls and Sanctions - Compliance Points for Enterprises on Dual-Use Item Export Control (LexisNexis, 2023)
  • Customs and Import/Export - Compliance Points for Enterprises in Declaring Royalties to Customs (LexisNexis, 2023)
  • Customs and Import/Export - Compliance Points for Financial Institutions in Authenticity and Consistency Review of Forex (LexisNexis, 2023)
  • Customs and Import/Export - Compliance Points for Enterprises in Truthfully Declaring to Customs (LexisNexis, 2023)


Data Protection:

  • Interpretation of Key Points Related to Personal Information Protection in Mobile Internet Applications (Apps) (LexisNexis, 2022)


Working Experience

  • AnJie Broad Law Firm, Partner


Education Background

  • Master's degree in law, Wuhan University


Qualifications

  • PRC Bar