The China Law Blog focuses on the practical aspects of Chinese law and how it impacts foreign companies that do business in or with China. The goal is to help readers understand what works and what does not work and what businesspeople can do to use the law to their advantage. China Law Blog’s aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.
Presidents Xi and Trump prepare for a meeting next week at the G20 event with the purported goal of restarting negotiations to resolve the Section 301 tariff dispute and other trade issues between the U.S. and China. Many analysts and business people from both countries are confident this meeting will lead to resolution. Unfortunately, this
Incoming China FDI. Gone with the Wind. If you are waiting for your Chinese investor to get your company promised investment funds any time soon, you are probably in for a long slog. Most companies, both private and public, do not care who provides their investment capital (as long as the investors are content being
Our clients are always asking us how they should set the employment term — especially the initial employment term — in their China employment contracts. The short answer is the typical lawyer answer: it depends on the situation. This being said, for new employees, our China employment lawyers usually recommend a three year initial term.
The real economic threat posed by the US-China trade war is not tariffs. The real threat has always been the U.S. government prohibiting product sales to China and product purchases from China and focus on the tariff issue misses this. As we wrote in Who Pays the Tariffs on China Imports? there are various things companies
Image by Ixocactus In a series of recent posts, we discussed how the media and many commentators have wrongly ascribed great things to the new PRC Foreign Investment Law. See New China Foreign Investment Law: Not Good News, China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was and China Approves New
In China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was and in China Approves New Foreign Investment Law to Level Playing Field for Foreign Companies. MEH, we wrote how we were not impressed with China’s new Foreign Investment Law 中华人民共和国外商投资法. Since then, a number of commentators (who near as I can
Most of my China employment work is for employers, but in the last few years, my work representing expat employees keeps rising and it now equals roughly ten percent of my China employment practice. This increase in expat employment law matters is due to two things: Chinese companies are hiring more expats, and word has
Contents of this Article Implications and Practicalities of China’s E-Commerce Law China E-Commerce Definitions China E-Commerce Operators Impacts on Foreign Businesses Basic Aspects of the E-Commerce Law What Constitutes E-Commerce Activities Under Chinese Law? Are Foreign Businesses Subject to China’s New E-Commerce Law? Impacts on Foreign Brands Selling to China’s Consumers via Cross-Border E-Commerce Implications
1. China’s New Foreign Investment Law Under U.S. pressure, China recently adopted a new Foreign Investment Law 中华人民共和国外商投资法 (“FIL”) that had been under discussion for several years. Many believe this law will lead to foreign invested enterprises being treated the same as domestic Chinese private businesses. Unfortunately (and not surprisingly), the existing system that limits
1. The Huawei Indictments On January 28, the U.S. Department of Justice unsealed two indictments against Huawei. The first indictment concerns ongoing claims against Huawei and its CFO, Meng Wanzhou, for allegedly violating U.S. sanctions against Iran. The second and more interesting indictment concerns alleged trade secret thefts by Huawei’s U.S. subsidiary under the direction
