Canadian Lawyer InHouse

Jun/Jul 2010

Legal news and trends for Canadian in-house counsel and c-suite executives

Issue link: https://digital.canadianlawyermag.com/i/50881

Contents of this Issue

Navigation

Page 48 of 51

became more important," says Kou. "We didn't have a lot of Canadian lawyers with the knowledge of the Asian business world." So he decided to go to China to bring that expertise back to Canada. Kou had a unique advantage — born to Chinese parents in Cambodia, he grew up speaking several languages. At home he learned Mandarin, Cantonese, and a local Chinese dialect, in addition to Khmer (the language of Cambodia). In Quebec, he grew up in a French- speaking environment and later honed his English in the business world. His wife is from Taiwan — he met her in Montreal — so at home the language of choice is Mandarin. "I grew up in a six- language environment, which eventu- ally opened doors for me." It's facilitated working in Asia, where he has been for more than eight years. Last year, for example, "I was in Africa in a French-speaking country where they didn't speak English, and the Chinese didn't speak English or French and other colleagues only spoke English, so after three days I was completely exhausted," he says. "But it's opened the door to a very interesting international career — in one hour I can switch to three languages. . . . That's what drives me every day doing exciting work with different cultures and languages and types of challenges as a result of these differences." When he decided to move to China, Kou arranged to spend two years working in Shanghai for Bull Housser & Tupper LLP, a Vancouver-based law firm, on joint ventures, acquisitions, and divestitures. During that time, he developed an under- standing of his Chinese partners and was able to act as an interface between the western and Chinese businesses. After two years in Shanghai, he returned to Montreal and joined Fraser Milner Casgrain LLP. Then a group of partners decided to found the Montreal office of Donahue Ernst & Young LLP. Kou was an obvious fit for its global mandate, but the firm didn't survive. That led him to Alcan Inc. in Montreal in 2003. "We were working on a major investment from a major Canadian company in China," he says. His role involved negotiating and structuring joint ventures in China, close to the Mongolian border, where the company had invested in an aluminum smelting company. After 12 months of work- ing on the transaction with the min- ister of commerce in Beijing, the deal closed and Kou was relocated to Beijing to head several different initiatives for Alcan in China. It was a time of great change at Alcan. That year the company bought a major French aluminum company called Pechiney, following on the heels of a previous purchase, the Alusuisse Lonza Group Ltd. Alcan inherited its down- stream businesses in China, including 10 manufacturing plants with more than 4,000 employees. "Suddenly the world became quite interesting for me." Not only did he act as the director of legal services, he was also the corporate representative of Alcan in China with a mandate to set up its corporate platform in Beijing. As part of this mandate, he grouped different corporate functions under the same office to support the growing business in China. But the Beijing office was not suf- ficiently equipped to serve the growing needs of the business, so Kou was man- dated to structure Alcan's regional head- quarters in Asia out of Shanghai, where he worked until Alcan was acquired by Rio Tinto in late 2007. Following the integration of Alcan and Rio Tinto, Kou was assigned to Singapore, which has the advantage of being close to two major markets — China and India. His current role as chief counsel for Asia includes covering Rio Tinto Alcan and all other Rio Tinto businesses based in Singapore. Currently, he is the compa- ny's only lawyer in Singapore (he works with outside counsel, typically local law firms), though the company is looking to build a legal team there. But covering emerging markets comes with risk. "I've learned over the years to live with uncertainty and be able to iden- tify the real risk — otherwise you become a constraint to the business," says Kou. "If you look at risk from a traditional way in the western business world, it's very diffi- 60-SECOND SNAPSHOT THE LAWYER: Vincent Kou THE COMPANY: Rio Tinto Alcan As chief counsel for Rio Tinto Alcan in Asia, Kou's work includes negotiat- ing, structuring, and drafting legal documents related to mergers and acquisitions and other direct invest- ments, joint ventures, divestitures, and greenfield projects. Played a leading role in corporate initiatives including the creation of Alcan's regional headquarters in Shanghai. Provides legal support to Rio Tinto Alcan's businesses operating in China and Southeast Asia, advising on labour and employment matters and compliance with Chinese statutory requirements. Speaks six languages including French and Mandarin. Work in private practice included securities law, mergers and acquisi- tions, venture capital financing, corpo- rate and commercial law, and invest- ments in China. Served as a board member and vice chairman of the Canada China Business Council, Beijing chapter, from 2005 to 2007. cult doing business in Asia. It's not about eliminating risk but understanding the risk and mitigating it, and that's probably the best way to survive and compete in the Asian market." It also takes patience, since the business environment in coun- tries like China can be ambiguous and contradictory. But Kou is up for the task and it's part of the job he enjoys — since his colleagues see him not only as legal counsel, but also as a business partner. "To be able to support the business and help them achieve their objectives, that drives me the most in my day- to-day work," says Kou. "They trust you not just as legal counsel — they trust you because you know China, you know India, you know Indonesia and Thailand. It makes the work much more interesting to be able to contribute more than just the legal aspects."IH INHOUSE JUNE 2010 • 49

Articles in this issue

Archives of this issue

view archives of Canadian Lawyer InHouse - Jun/Jul 2010