There is no one size fits all solution for China dispute resolution clauses because they depend on so many factors, including, the location of the Chinese company within China, the nature of the transaction, the goals of the parties, the most likely dispute issues, the most important dispute issues, the type of dispute issues, the languages of the documents and potential witnesses, the law of the contract, and a whole host of other issues.
It should go without saying that international product manufacturing costs are key for nearly all companies that manufacture in or secure their products from a foreign country. Most companies that manufacture in China would love to move their manufacturing out of China. But doing so is difficult for nearly all, and impossible for many. Product manufacturing costs are a huge factor in choosing a location for product manufacturing or outsourcing. Over the last year, I have had probably more conversations about where companies should manufacture their products than in the prior five years combined. And those conversations have reminded me that many companies have too narrow a definition of product costs.
Chinese businesses typically want a simple, specific, concrete proposal to which they can respond. If the foreign side leaves the structure vague, the Chinese side will usually have nothing to say. In this situation, a deal that may be good for both sides never gets done because neither side can bring it to the point where the real bargain is negotiated. The Chinese side virtually always wants to show its cards last. If you do not show your cards first, there will be no cards back from the Chinese side.
On December 6, I was a guest lecturer at Florida State University (FSU), providing an overview of what’s happening in China these days. I ended the lecture by making some educated guesses about what the future holds for China. Here is the gist of it. 1. One More Decade of Xi It is fair to
How to Lock in Product Prices with Overseas Manufacturers to avoid NOT getting your products when you need them most. The three key issues in nearly all the contract manufacturing agreements we draft (be they for China, Vietnam, Pakistan, Mexico, Thailand, Malaysia, Indonesia or wherever) are 1) price, 2) quantity and 3) delivery date. Yet many product buyers that have their products manufactured overseas focus so much on issues like intellectual property protection and control of molds, that they neglect these three key issues.
China WFOE Closures Are Increasing China WFOE closures/shutdowns are rising due to China’s economic slowdown, its deteriorating relations with the rest of the world, and the difficulty and risks of sending people to China. There is an old saying about how lawyers do well in good times and in bad times, just not in times
Moving manufacturing from China to Mexico or Poland will help the world by reducing energy consumption and pollution. Sourcing products from China has all sorts of hidden costs. This post focuses on the environmental costs. I my next post, I will discuss various other "hidden costs" that come from China sourcing, beyond just the environmental ones.
How to handle China factory disputes is a question our international manufacturing lawyers have been getting a lot of lately. Many China factories are in deep trouble due to declining sales stemming from the US-China Cold War, from its energy issues, and from its declining economy. I say this not just because of the economic statistics everyone sees, but also on the steady stream of emails our international manufacturing lawyers are getting from foreign companies reporting the usual range of problems whenever China's factories are suffering. See China's Slowdown and You.
Due diligence is an investigation of a business or person prior to entering a contract. It often involves a comprehensive appraisal to establish assets and liabilities or to evaluate commercial potential. Though due diligence is important anywhere, it is especially important when dealing with companies in countries where things are often not what they seem and where the legal system is less than ideal.
How to control your China operations while avoiding China government control is critical and companies looking to do business in China need to decide what the China market means to them and what they are willing to risk. Companies looking to do business in China should decide what the China market means to them and what they are willing to risk. There is no way to entirely avoid China regulatory risk, but depending on your product or service and your company’s and owner’s risk appetites, there is always a way forward. The question of how to control your China operations is just one of many questions to ask.
