row of lego stormtroopers

Do Not Let Force Majeure be a Major Force In Your China Contract

Pull out and look at your contract with your Chinese counter-party. Does it have a force majeure clause? If it does not, put it away and count yourself lucky. If it has a force majeure clause, pour gasoline or lighter fluid or nail polish all over it and light it. JUST KIDDING. Well only sort

Just say no to bad China contracts

NDAs Do NOT Work for China but NNN Agreements Do

You Need an NNN Agreement for China IP Protection Relying on a standard Western-style NDA to protect your IP from China sets you up for IP theft because NDAs have critical limitations that render them ineffective for China. You need an NNN agreement tailored specifically for China. This post explains what an NNN agreement is,

Stick a fork in Hong Kong arbitration

Hong Kong for International Business: Stick a Fork in It, Part 2

Three months ago, in Hong Kong for International Business, Stick a Fork in It, we predicted the slow demise of Hong Kong as an international business center. Many wrote us to say they agreed. Many wrote us to say they vehemently disagreed. Those who disagreed argued that we had underestimated the grit and the resilience

China Greater Bay area map/graphic

China's Greater Bay Area and Country of Origin Markings

In a recent LinkedIn conversation someone raised the possibility of the “Made in GBA (Greater Bay Area)” label replacing “Made in Hong Kong” and “Made in China” as a country of origin marking in South China. It’s an intriguing idea that would certainly reflect the spirit of the GBA project. Could “Made in GBA” actually be a

Chinese man on court trail

How to Avoid China Prisons: Know YOUR China Risks

Contents of this Article: The Situation: Foreigners at Risk in China The Inconsistency of Chinese Law and Punishment Important Points of Chinese Criminal Law The Risks of Working and Living in China The Increasing Risk of Doing Business in China Stay Within Chinese Law How Can You Protect Yourself and Your Company A NOT New

silhouettes of men in suits with computer screens for heads that have eyes, ears and mouths on them

China's New Cybersecurity Program: NO Place to Hide

The Chinese government has been working for several years on a comprehensive Internet security/surveillance program.  This program is based on the Cybersecurity Law adopted on 2016. The plan is vast and includes a number of subsidiary laws and regulations. On December 1, 2018, the Chinese Ministry of Public Security announced it will finally roll-out the

International letters of credit

Good Contracts are Key, Corruption be Damned

Got an email the other day from a good-sized company the other day asking about the benefit of having manufacturing contracts with companies in countries like Thailand, Taiwan, Indonesia, and Malaysia. The email went something like this (I say "something" because I've changed it so nobody will ever be able to identify it): I am

China lawyers Korean lawyers

China’s Intellectual Property Courts: A Procedural Overview

-- Protecting Innovation in an Innovative Way: What are China’s IP Courts? After decades of engagement between US and Chinese legal experts on reforming IP protection in mainland China, Chinese IP courts were first pioneered in 2014 in Beijing, Shanghai, and Guangzhou (see the National People’s Congress (NPC) Decision of Establishing Intellectual Property Courts in

China employment lawyers

China's Flexible Hours System: Your Application is EVERYTHING

A China employment contract must specify the employee’s working hours and the working hours system under which the employee will work. The employee contract for an employee working under the standard hours system must state the employee will have “standard” working hours (this generally means 8 hours a day and 40 hours a week) and

China Belt and Road

How Your Company Can Benefit from China’s Belt and Road Initiative

Contents of this Article BRI countries will need increased economic activities to pay back Chinese debt Africa's greatest opportunities in business How is Africa reacting to China's increasing presence through its Belt and Road Initiative? Does Africa present a viable alternative to companies that want to move manufacturing from China? Which African nations are most

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