Are Your International Contracts Built to Fail? With the diversification of supply chains, businesses more often must navigate countries with unpredictable legal systems. This post explains how to create strong contracts for countries with weak contract enforcement. Three Common International Contract Mistakes Over-reliance on Arbitration: Arbitration in a neutral country often does not provide the
Our international litigation lawyers long ago developed template emails for responding to companies that write us about their China product quality problems. The below is the one we use for U.S. companies that write us with a China product quality problem and the contract provided us is not good at all. Most of the time
International contract writing is complex. A good contract will ensure that your foreign manufacturer meets your requirements and protect your company when things go wrong. This post can help you understand what goes into the drafting of an effective international manufacturing agreement. International Manufacturing Agreements Our international manufacturing lawyers use a fairly standard initial questionnaire when
When our China lawyers are tasked with drafting a China NNN Agreement, they start by sending the client a tailored questionnaire. Then once they have the answers they draft the NNN Agreement in English (for the client) and in Chinese (the official version). Most of the time, our clients at that point take the NNN
Say what you will about the Chinese Communist Party (CCP) but, when it comes to repressing Hong Kong’s democratic aspirations, it means business. Having concluded local authorities were not up to the task of ruling Hong Kong by its iron-fisted standards, Beijing made short work of the “one country, two systems” framework and imposed a
Every day for the last week I have gotten at least one email from a foreign company that paid money to a company in China and got literally nothing in return. The term for this is theft. This sort of thing is a given by Chinese companies and for why this is so prevalent lately
Last fall, in U.S. Supreme Court to Rule on Important International Arbitration Issue, I wrote about an important international arbitration matter pending before the United States Supreme Court on whether foreign companies doing business in the United States can arbitrate a dispute with an American company. The specific issue was: Whether the New York Convention
Whatever the Chinese Communist Party waxworks expected after the Hong Kong handover, the massive July 1, 2003 protest against proposed “national security” legislation was surely a warning about the limits of Hongkongers’ tolerance of authoritarian rule. The proposed legislation was the Hong Kong government’s response to Article 23 of its Basic Law, which requires the
Last week, Fred Rocafort (one of our international trade lawyers), Dan Pak (a VP of Procurement at a large East Coast hospital chain) and I put on a 90+ minute webinar on navigating PPE purchases from China. Based on the feedback we have received and the fact that a number of webinar companies have asked
Both here on the blog and in real life with our clients, our China lawyers are always touting the benefits of licensing products, intellectual property, brands, technology and content to China. Licensing deals make sense under many circumstances, but they make particular sense in situations where it is difficult or impossible to get your product,
