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Tag Archives: China Contracts

You Can’t Make A Good Deal With A Bad Chinese Company

Posted in China Business, Legal News

The title is stolen from the Warren Buffett line, “You can’t make a good deal with a bad guy, regardless of any piece of paper. And it is so true. Our China lawyers are always telling our clients the following: Legitimate Chinese companies do not want to get sued. In our experience, they are even… Continue Reading

How To Write A China Contract. Liquidated Damages.

Posted in Legal News

Many months ago, I was in on an email exchange between a couple of our China lawyers regarding a liquidated damages provision in a product development agreement where our client was paying a Chinese manufacturer a lot of money to develop a new product that could be taken into production. Our biggest concern with the… Continue Reading

China Contracts. Arbitration Versus Litigation. It’s Complicated.

Posted in Legal News

A few months ago, co-blogger Steve Dickinson, Greg Buhyoff (our lead Vietnam lawyer), and I went on an extended  legal/business trip to Ho Chi Minh City and Hanoi, during which we met with around a dozen Vietnamese lawyers. One of the questions we asked nearly all of these lawyers (mostly because we kept getting different answers) was… Continue Reading

Everything You Always Wanted To Know About China Law. The Bibliography.

Posted in Basics of China Business Law, Legal News, Recommended Reading

I am going to be speaking at USC this weekend and in poring over old PowerPoints (to create a new PowerPoint for my talk), I came across one with a fairly extensive China law bibliography of some of our most helpful posts.  This bibliography is definitely slanted towards the legal issues that confront foreign companies… Continue Reading

China Contracts: The Dispute Resolution Clause.

Posted in Legal News

Whenever I am asked to review a contract between a US company and a China company, I nearly always go straight to the dispute resolution clause. Much of the time when I am asked to review such a contract, it is by someone who did not use our law firm to draft the contract and… Continue Reading

In Which We Turn You Into A China Lawyer. NOT!

Posted in Legal News

Got the following message on linkedin a few weeks ago: Been following [China Law Blog] for about 8 or 9 months — it’s been helpful as I’ve been setting up a foreign branch here (sourcing appliances for overseas), preparing employment contracts, renegotiating OEM deals, etc. The site is by far the most useful, practical, concise… Continue Reading

How To Write A China Contract. Arbitration Versus Litigation. Part II. Trade Secrets.

Posted in Legal News

About a week ago, we did a post, entitled, How To Write A China Contract. Arbitration Versus Litigation. Say Where?  That post discussed an issue that had been raised on China Group on Linkedin, (which just hit 7,700+ members): which forum is better for resolving disputes with Chinese companies, the courts or arbitration?  Our post came… Continue Reading

China Contracts And Choice Of Law. Dance With The One That Brung Ya.

Posted in Basics of China Business Law, Legal News

Yesterday, at lunch, a couple of lawyers and I were discussing choice of law provisions.  I know that makes us geeks, but what can I say?  The discussion started when I talked of how I had been receiving an increasing number of “draft contracts” that called for applying “China and US law” to any dispute…. Continue Reading

Drafting China Contracts Using Ken Adams’ “A Manual Of Style For Contract Drafting”

Posted in Legal News, Recommended Reading

Though 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

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 Contracts Because China Law Does Matter

Posted in Legal News

Fascinating and important post over at the Chinese Law Prof blog today, entitled, “When does law matter in China?”  The post and my own experiences lead me to answer by saying “all the time.”  But remember mattering is not the same thing as being determinative. Professor Clarke starts his blog post by noting how he… Continue Reading

Five Tips For Doing Business In China. How To Partner In 2013.

Posted in China Business

Just saw an Inc. Magazine article entitled, “How to Partner in China in 2013.”  The article makes a number of good basic points about what it takes to succeed in doing business in China today and I am saying that not just because I contributed two of them.  The article’s premise question is “How can… Continue Reading

Myths About China Law And Business

Posted in China Business, Legal News

Been a bit consumed preparing for a China seminar I am co-hosting.  Today I spoke with Sage Brennan, one of the consumer products panelists and we ran through some possible questions.  I threw out the following question as a possibility:  ”What are some of the most pervasive myths you see about the Chinese consumer.”  Sage’s… Continue Reading

China Contracts Make Sense

Posted in Legal News

I am constantly asked whether it makes sense to bother having a written contract with a Chinese company.  This question is usually followed by the statement that Chinese companies “never follow their contracts” or that “it is impossible to enforce a contract in a Chinese court, anyway.” I always give the following answer: It absolutely… Continue Reading

Do You Know What Your China Contract Says?

Posted in Legal News

A 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

How To Protect Your IP From China. Part 4.

Posted in Legal News

This is part four of a series arising from a speech I gave last month at a biotechnology conference in Washington DC. In How To Protect Your IP From China. Part 1, I mostly looked at the risks China poses to intellectual property and very generally on how companies can determine how those risks should influence… Continue Reading

China Contracts. Watching The Jurisdictional Sausage Get Made.

Posted in Basics of China Business Law, Legal News

As I am always saying, I love it when my blog posts come pre-written.  Today I was cc’ed on an email from my co-blogger, Steve Dickinson. Steve’s email was to another lawyer in our firm who had proposed writing a contract that would give our client the choice of suing its Chinese counter-party in either… Continue Reading

Top Ten China Mistakes

Posted in China Business

Came across a really good list of mistakes businesspeople make in China.  The list, entitled, “Top Ten Mistakes Businessmen Make in China,” was compiled by  Stanley Chao, of All In Consulting. It really is a nice collection of tips and I present them below, with my comments in italics. Take the trust factor out. All actions… Continue Reading

Doing Business In Or With China. Ask Yourself These Questions.

Posted in Basics of China Business Law, Legal News

A consultant friend of mine is leading a very large group of American businesses to China for a big exhibition. He is putting together a short manual for these businesses and he asked me to help put the bug into the ear of these businesses that they should not be ignoring China legal issues.  … Continue Reading

China Legal Issues For Business. The Ten Minute Version. Part II.

Posted in Legal News

I spoke last week (for ten minutes) in Atlanta at NACA’s First Annual US-China Business Conference. I posted that speech (the written version of it, anyway) in a post entitled China Legal Issues For Business. The Ten Minute Version. In going through and deleting old emails today, I came across my first, very different version… Continue Reading

How To Cultivate A China Merger Or Acquisition

Posted in China Business, Recommended Reading

This post was written by Simon Malinowski, a Harris & Moure summer associate.   There is a terrific podcast interview between Kent Kedl and Dr. Kim Woodard on deal cultivation in China mergers and acquisitions on the China Business Blog. The podcast is entitled, “Deal Cultivation in China M & A.” and though its focus… Continue Reading