Case View:

AVIC USA Wind Power Ripoff

China's AVIC ordered to pay $70 million to U.S. wind power company

BEIJING (Reuters) – Tang Energy Group Ltd, a Dallas-based clean energy company, has won a more than $70 million arbitration award for breach of contract against China’s biggest state-owned aerospace and defense company, Aviation Industry Corporation of China (AVIC).

The ruling on Monday by the International Centre for Dispute Resolution in Dallas provides a glimpse into the growing number of disputes between Western firms and Chinese companies doing business overseas.

Tang Energy argued AVIC did not fulfill commitments to help fund a West Texas wind farm and develop a global wind energy business as part of a joint venture, Soaring Wind Energy.

“The case clearly displays the need for Chinese companies operating in the United States to understand the importance of binding contracts, corporate formalities and the rule of law,” Tang Chief Executive Patrick Jenevein III said in a statement.

“For US-China business partnerships to succeed, there must be a level playing field that supports equality and transparency.”

AVIC did not immediately respond to requests for comment.

Jenevein initially demanded about $2.25 billion in damages based on projects AVIC had developed without Soaring Wind in other parts of the world.

The award represents a setback for AVIC, which initially had invested $350,000 to take a 50 percent stake in the joint venture.

Chinese offshore non-financial investment increased 16 percent to $104.1 billion during the first 11 months of the year, China’s Ministry of Commerce said this month.

In the United States, Chinese firms completed more than $9 billion in transactions in the first nine months of the year, according to statistics compiled by New York-based consultancy Rhodium Group.

Tang Energy started its relationship with AVIC in 1996, establishing HT Blade, China’s largest wind turbine blade manufacturer, in 2001.

The Dallas-based company argued that it had brought to AVIC the opportunity to buy Cirrus Industries, the Minnesota maker of composite aircraft and propeller blades. AVIC allegedly used a different affiliate to buy Cirrus for $210 million in 2011 after benefiting from Tang’s knowledge about the company.

The arbitration panel concluded that AVIC operated as a “single unified entity”, rejecting AVIC’s assertion that the joint venture agreement was made with a U.S.-based subsidiary.

Patrick Jenevein, President, Tang Energy Group and Chairman, WattStock LLCPatrick Jenevein is CEO of Tang Energy Group, an active clean energy investor and developer in China for over 20 years.

He is also Chairman of WattStock LLC, a U.S.-based provider of high voltage components to power generators and transmission companies.Mr. Jenevein founded Tang’s general partner, the Nolan Group Inc., in 1986 to enter the natural gas business. The Nolan Group formed Tang Energy Group in 1996 to build, own, and operate energy delivery systems in China.

Mr. Jenevein is a recipient of the Ernst & Young’s Regional Entrepreneur of the Year Award (2008) and the Dallas Chamber of Commerce Technology Catalyst Award (2010). In 2010, Tang Energy was selected as one of twelve global finalists of the US Department of State’s Award for Corporate Excellence (ACE), which recognizes the important roles American businesses play as corporate ambassadors abroad. Mr. Jenevein is a member of the Council on Foreign Relations.

He earned his bachelor’s degree from Davidson College in Davidson, North Carolina.