The Power of Well-Crafted China Contracts In The High Cost of China Contract Mistakes, I discussed the importance of having the right person craft your China contracts. I 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
Paying lawyers can seem expensive, even if they are only mediocre lawyers. But good lawyers can often save you money because they can save you from your own mistakes. They do that by having both the experience and gravitas to teach you from others’ mistakes. I wrote in a previous post about the PPE nightmare
Malaysia is in our minds these days, as the country keeps popping up in our work. This is no coincidence, as the country emerges as one of the beneficiaries of China decoupling. Here we discuss three things you should know about what’s happening in MY these days.
If you want to greatly increase your chances of being able to enforce your contract with your Chinese counter-party company, you should do the below. You should do a lot more than this, both within and outside your contract, but I am limiting this post to just those things directly and nearly always necessary for enforcing a Chinese contract and its terms)
Have a written contract.
Have the written contract set out how disputes will be resolved and, more importantly, set forth the right forum for those disputes;
Have Chinese be the official language of your contract if it is going to be enforced in China, which usually (but not always) makes sense;
Have the written contract set out in excruciating detail what the Chinese company must do to comply with the contract;
Set out the damages the Chinese company must pay if it fails to comply with the contract;
Make sure the Chinese company signs and seals your contract.
In my last post regarding PPE, I discussed the normalization of the Chinese N95 mask market, the increasing insanity of the Malaysian nitrile glove market, and other market forces at work, including limitations based on shipping container shortages and financing troubles. In this post I will provide some additional insights our international PPE lawyers have
I am currently organizing a webinar on PPE transactions with my colleagues in the Florida Bar International Law Section, which will feature Dan Harris as a panelist. As we finalized the agenda, one of my co-organizers observed that fraud overshadowed every other agenda item. Not only do I agree, but this provides the best framework
Got an email the other day enclosing a link to a Globe and Mail article, Vancouver miner says China trying to steal Xinjiang gold mine, and stating the following: I literally chuckled when I read this. Only for the reason that it pretty much checked off every point you have warned about. They certainly would
Even with the current bilateral unrest in the U.S.-China relationship, the China market is still attractive because of its growing middle class (approximately 400 million) and its relatively easy plug-and-play manufacturing environment. A review of China’s manufacturing production over the past year shows that China hurt in Q1 of 2020 but continued apace starting in
Many Chinese factories are hurting right now. Badly. This should come as no surprise. First they went through months of closures due to the coronavirus, and just when they opened they faced massively reduced demand. Chinese factories are closing left and right and many of those that are open are facing reduced demand and falling
Last week, Fred Rocafort (one of our international trade lawyers), Dan Pak (a VP of Procurement at a large East Coast hospital chain) and I put on a 90+ minute webinar on navigating PPE purchases from China. Based on the feedback we have received and the fact that a number of webinar companies have asked
