China negotiating guru Andrew Hupert’s new post, Negotiating in a Slowing China, discusses how China’s economic slowdown is going to impact negotiations with Chinese companies. According to Hupert, the slowdown is not going to have all that much impact, for the following three reasons :

  • There’s a filter bubble.  Chinese bureaucrats and SOE bosses don’t see reality the same way American and European MNC managers do.  Within China the official party line is that everything is going according to plan. It’s rebalancing and the expected results of a successful anti-corruption campaign. Everything is fine. Don’t assume that your Chinese counterparty is as nervous or anxious as you would be at the start of a sustained recession. He may still feel that time is on his side.
  • It’s your fault. Official Chinese media has a stock response to any and all bad news in the Middle Kingdom – blame outside agents. From the protests in HK to border disputes with neighbors to generalized economic trends, it’s a safe bet that foreigners are being pinned with responsibility for anything that goes wrong. Even if your direct counterparty doesn’t blame you personally, he is subjected to persistent official whispers that Westerners are responsible for his problems. Don’t position yourself as a white knight when he’s hearing that you are a black hand.
  • Fundamentals haven’t changed that much. Unless you are dealing with a Tier 3 property developer or one of the big state-owned banks, the chances are your counterparty isn’t feeling too much pain yet. That may change in the long run – but it may not. Let’s be honest – the Western business press loves the China bear story. The headlines you are reading sometimes make it seem like the Chinese economy is in a lot worse shape than it is.  The dour mainstream view is something along the lines of 4% growth by 2020. That’s not bad by international standards, and most Chinese managers still like their odds in the domestic market. The Beijing bureaucracy is as difficult as it’s ever been. Few people in Chinese business or the Party see global integration as a solution – more often it’s considered part of the problem.

For two reasons, I think he’s exactly right. One, his analysis makes complete sense. Two, we too have seen no change.

What are you seeing out there?

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Dan Harris

I am a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

I mostly represent companies doing business in emerging market countries. It has taken me many years to build my network and it takes constant communication and travel to maintain it. My work has been as varied as securing the release of two improperly held helicopters in Papua New Guinea, setting up a legal framework to move slag from Canada to Poland’s interior, overseeing hundreds of litigation and arbitration matters in Korea, helping someone avoid terrorism charges in Japan, and seizing fish product in China to collect on a debt.

I was named as one of only three Washington State Amazing Lawyers in International Law, I am AV rated by Martindale-Hubbell Law Directory (its highest rating), I am rated 10.0 by AVVO.com (its highest rating), and I am a SuperLawyer.

I am a frequent writer and public speaker on doing business in Asia and I constantly travel between the United States and Asia. I most commonly speak on China law issues and I am the lead writer of the award winning China Law Blog (www.chinalawblog.com). Forbes Magazine, Fortune Magazine, the Wall Street Journal, Investors Business Daily, Business Week, The National Law Journal, The Washington Post, The ABA Journal, The Economist, Newsweek, NPR, The New York Times and Inside Counsel have all interviewed me regarding various aspects of my international law practice.

I am licensed in Washington, Illinois, and Alaska.

In tandem with the international law team at my firm, I focus on setting up/registering companies overseas (via WFOEs, Rep Offices or Joint Ventures), drafting international contracts (NDAs, OEM Agreements, licensing, distribution, etc.), protecting IP (trademarks, trade secrets, copyrights and patents), and overseeing M&A transactions.