Who is losing the rationality in Huawei’s case?

CHINESE technology giant Huawei sued the U.S. government Thursday saying that the country's National Defense Authorization Act (NDAA), which bans federal agencies from buying the company's equipment, is unconstitutional.

This is raising the stakes in a protracted diplomatic incident between China, the U.S., and Canada, where Meng Wanzhou, chief financial officer of Huawei, is facing extradition.

"The U.S. Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products," Huawei's Rotating Chairman Guo Ping said in a statement. "This ban restricts Huawei from engaging in fair competition, ultimately harming U.S. consumers."

In an interview with the BBC last month, Ren Zhengfei, founder of Huawei, said that the arrest of his daughter Meng Wanzhou was politically motivated. It also has been stated that Washington has lost rationality In the face of China's rise.

"It is politically motivated." Prof. John Gong from the University of International Business and Economics said bluntly. In his view, Huawei has enough grounds to file the case.

"There is no question that this is a political act." Edward Lehman, Managing director of Lehman Lee Xu agreed. He also pointed out, the solution of Meng Wanzhou's case is very difficult, while the implications for Huawei has been made. He explained that the truth is this is the battle for 5G technology.

Thearrest of Meng Wanzhou alone has derailed multi-billion dollar opportunities for the company, even though neither the company nor Meng has been found guilty of having violated any laws, policies or regulations.

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"This is a very inexpensive way to derail multi-billion dollars on 5G."

Compared with previous times where the company has remained silent, Huawei is speaking to foreign media this time. Huawei founder Ren Zhengfei has given a series of rare interviews in recent weeks, and Huawei executives were out in force to defend the company at Mobile World Congress. The company has taken out a full-page advertisement in the Wall Street Journal.

"I think it's a short term shift right now. I think previously they have been trying to keep a low profile, trying to work out a solution and trying to negotiate a solution with the U.S. government to avoid a sort of confrontation outcome. But now I think the upper management switch the conclusion that this is a futile effort. So they have to try something else so they're going on a legal offensive."

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Prof. John Gong added, "I don't think this is the things they want to do, but the things they are forced to do, and they have to respond in this way."

It is hard to tell whether Huawei can win the lawsuit, while Prof. John Gong believes the action of Huawei suing the U.S. government should be seen as a rational move to safeguard legal rights. "The lessons we learn from here are CHINESE companies should not only work legally but also protect their own rights legally when they are operating globally."

Edward Lehman also claimed that the court is the last hope for the truth to be heard. "Reaching a conclusion should be based on an impartial way," he added.

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