It is widely believed by American lawyers that their clients should do whatever they can to avoid finding themselves in a Chinese court. This widespread belief is usually wrong. It is usually wrong because most of the time it is the American company that will want to sue the Chinese company, not vice-versa. That being… Continue Reading
Tag Archives: China contract
Drafting China Contracts Using Ken Adams’ “A Manual Of Style For Contract Drafting”
Posted in Legal News, Recommended ReadingThough most of the contracts my law firm writes for our China clients are in Chinese, the first draft is virtually always in English (though sometimes they are in Spanish, Russian, German or Korean). We draft the contract in English and provide that draft to the client for their review. Once the client has given… Continue Reading
The Three Rules For Your China Contract
Posted in Basics of China Business Law, Legal NewsIn several recent posts (see here and here), I have stressed that written contracts are the key to the next wave of doing business in China. I mentioned that relying on written contracts now makes sense in China because of the major improvements in the legal system that have been implemented in China over the past… Continue Reading
Signing And Chopping A China Contract. It’s Complicated.
Posted in Legal News“Stole” the below from an email on which I was cc’ed from one of my firm’s China lawyers setting forth who from a China SOE (State Owned Entity) should sign its China contract. 1. SOEs have business licenses just like other Chinese companies. 2. Each Chinese company has only one “legal representative” (a term of… Continue Reading
China Contract Myths And Realities
Posted in Legal NewsJust received a long email from a lawyer friend of mine at a well known international law firm, in response to our post the other day on Myths About China Law And Business. This lawyer wishes to remain anonymous, but here is what he had to say: Your post on China legal myths is great…. Continue Reading
Do You Know What Your China Contract Says?
Posted in Legal NewsA potential client recently sent me a contract written in both Chinese and in English. The English portions were silent about the controlling language but the Chinese portion made crystal clear that the Chinese language portion would control. And guess what? The Chinese language portion was very different from the English language portion. So different,… Continue Reading
Drafting A China Manufacturing Agreement. Watching The Sausage Get Made. Part II.
Posted in Legal NewsYesterday, I did a post, entitled, “Drafting A China Manufacturing Agreement. Watching The Sausage Get Made,” seting out many of the questions we typically ask our clients before we begin drafting their OEM agreements. A reader, Phil, left us the following comment to that post: Can I ask about the wording of your agreements in… Continue Reading
China Contracts. Why Even Bother?
Posted in Basics of China Business Law, Legal NewsI am often asked usually right after I quote our fee) whether a China contract I am proposing to write “is even enforceable in China.” I always give the same answer, which is more or less the following. There are three reasons why it makes sense to have a contract with your Chinese counter-party, and… Continue Reading
China Legal For Business. The Basics And Nothing But.
Posted in China Business, Legal NewsA few months ago, the general counsel of a company for whom we had done some China work asked me to spend a few minutes alerting her to the “typical” legal issues American companies face when they do business with China. She wanted a legal checklist to give to the executives at her company so… Continue Reading
"...the widely respected China Law Blog"
"Clear and compelling"
