china law blog

Drafting Your Own China Contract

Why You Should Never Draft Your Own China Contract China Laws and Business Practices: A World Apart China laws and business practices are different from the West. On this there should be no dispute. There should also be no dispute on how it rarely (if ever) makes sense for companies to draft their own China

China lawyer testimony

Dan Harris Testimony Before the U.S.-China Economic and Security Review Commission

The U.S.-China Economic and Security Review Commission The U.S.-China Economic and Security Review Commission was created by the United States Congress in October 2000 with the legislative mandate to monitor, investigate, and submit to Congress an annual report on the national security implications of the bilateral trade and economic relationship between the United States and

China WFOE Legal Representative

How to Change Your China Company’s Legal Representative

Changing Your China Company Legal Representative With so many foreign companies looking to close down their Chinese entities (almost always a WFOE) and leave the country, my law firm’s China lawyers are having to deal with a lot of WFOEs whose legal representatives are no longer with the foreign company. These companies need their legal

China compliance checklist

A China Legal Compliance Checklist

Key Legal Considerations for Doing Business in China Foreign companies doing business in or even with China face a complex legal landscape. Navigating these regulations can be challenging, but it is crucial for ensuring compliance and avoiding legal trouble. This blog post provides an overview of key legal considerations for foreign companies operating in or

International distribution agreements

Setting Up Your Chinese Distributor for Success: Titles and Authority Matter

China Distribution Relationships We have written recently about the trend in China business as companies move away from joint venture relationships toward distributor relationships. This is happening with Chinese manufacturers and their non-Chinese distributors in the distributor’s home market. This is also happening in China with Chinese distributors or representatives and the non-Chinese manufacturers and

China translators

Lost in Translation: Why Bad Translations are Bad for Your Business

The Importance of Accurate Contract Translations Your contract with your Chinese co-party is your key to a successful China venture and your lifeboat should the business relationship go awry. That being the case, I am always amazed how often people essentially ignore the translation of their contract. Inaccurate contract translations can both generate more disputes

International due diligence checklist

Navigating China’s Evolving Legal Landscape: A 10-Point Checklist for Foreign Businesses

A China Legal Checklist for Foreign Businesses This post examines ten key legal areas that often present hurdles for foreign companies in China. Most importantly, it provides basic and concrete recommendations on how to deal with China’s legal landscape and avoid costly missteps. Mastering compliance across the following ten critical domains is essential for foreign

China fraud and scams and due diligence

The Essential Role of China Due Diligence

Cautionary China Tales and Key Strategies Doing business in or with China comes with hidden risks, but due diligence can mitigate them. This post explores real examples of overseas missteps, the importance of safeguards, and the key steps you should take to ready your organization for new territories. As companies reconsider their China strategies, it’s

China employment law

China Employment Documents: The 101

China Employment Documents Let’s face it, navigating China’s employment laws and regulations is challenging. From stringent contract requirements to unusual policies on probation periods, vacation time and more, understanding and adhering to China’s local employment practices is pivotal yet complex. This article provides foreign employers an in-depth guide on effectively creating employment documentation in China.

International arbitration lawyers

Drafting Your China Arbitration Clause

China Arbitration This post offers hands-on advice for crafting arbitration clauses in contracts with Chinese entities Chinese firms, particularly State-Owned Enterprises (SOEs) where the government holds substantial control, typically resist signing contracts unless they provide for disputes to be resolved within China. Depending on the circumstances, seeking resolution in a Chinese court might be favorable,