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
When my law firm represents a company that provides services to Chinese companies, we start by focusing on the payment terms. If the Chinese company will not be paying our client the entire amount upfront -- which rarely happens -- our China lawyers need to draft the contract to ensure our client gets paid. The
Old pirates, yes, they rob I Sold I to the merchant ships -- Bob Marley's Redemption Song 1. The Canton Fair The 125th Canton Fair will kick off on April 15th. For those unfamiliar with this event (formally known as the China Import and Export Fair), it is China’s largest trade show, held biannually in
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
Despite trade tensions, China's declining economy, and overall uncertainty, our China lawyers have been getting a steady stream of requests from companies looking to set up their own factories in China. These are mostly companies that supply parts to multinational manufacturers that make products in China and are getting pressure from the multinationals to set
China M&A: Should You Use an SPV to Acquire a Chinese Company? Most foreign buyers should not add a special purpose vehicle to a China acquisition unless they can say what it does. A single corporate buyer that expects to hold the business for years and does not plan to bring in outside investors can
A successful product launch can give a Chinese factory, trademark squatter, or competitor information and leverage you cannot easily take back. Before going public, startups manufacturing in China should secure key IP, protect sensitive information, verify their factories, and lock down development, tooling, and production rights.
China Enforces Good Contracts Contrary to popular belief, China's legal system offers robust mechanisms for contract enforcement, outperforming not only common perceptions, but also the judicial systems of the United States, Canada, and the United Kingdom in efficiency. At least this is what the World Bank said in its last (2020) report ranking countries on
1. Typical Boilerplate Provisions The Western world -- particularly the Anglo-Saxon/common law world -- is used to ultra-long contracts for everything. A contract to buy $6,000 worth of rubber duckies will include all sorts of boilerplate provisions, such as one making clear that buying rubber duckies does not make the buyer and seller parties a
