Discover the Infinite Business Value of China Contracts

Foreign Investment Law

Good China contracts often go through a negotiation process that ensures both sides are getting the best deal possible. A China contract is the best way to prevent the breach of an obligation and it is also the perfect weapon of defense in case of undesirable legal proceedings.

Although the current geopolitical situation between the US and China is not highly conducive, still China offers a huge business prospect. Beijing, Shanghai, Shenzhen, and Guangzhou generally have the best business environment. Businesses from retail to electronics to home goods can grab the diversity of business opportunities available in China.

 

Western companies need to keep in mind that China has its unique judiciary system, law and regulations. If you are interested in opening up a manufacturing or production hub in China, you almost certainly will need a contract that perfectly satisfies Chinese legal requirements. Good China contracts often go through a negotiation process that ensures both sides are getting the best deal possible. Good negotiation should lead to a mutually successful outcome that prevents conflict down the line and sets the foundation for a strong partnership moving forward. A contract will never be enough to prevent the breach of an obligation, however, it will be the perfect weapon of defense in case of undesirable legal proceedings.

 

Foreign companies doing business in China usually maintain three types of manufacturing agreements with a Chinese factory:

  1. Original Equipment Manufacturing (OEM): Used when a foreign buyer purchases a product already being made by the factory and simply adds its own branding to it;

 

  1. Contract Manufacturing (CM): Used when a foreign buyer has a fully developed product design, which is then brought to a factory for commercialization and mass production; and

 

  1. Original Design Manufacturing (ODM): Used when a foreign buyer approaches a factory with a basic design and specifications, but the factory actually makes the commercial design and ultimately the production.

 

Doing business in China comes with both great opportunities and great challenges

China provides skilled, inexpensive labor while newly opened Free Trade Zones are making foreign investments and China sourcing even more economical. For many reasons, China has emerged with an interesting amount of advantages that appeal to both domestic and foreign entrepreneurs and investors. With wide-ranging reforms designed to give businesses and entrepreneurs fewer headaches, China tops the chart for doing business in Asia.

In the view of the expert business lawyers in China, the product development stage is perhaps the riskiest time for the foreign companies doing business in China and yet it is the most overlooked aspect for the overseas companies. It has been noted that the foreign business owners use NNN and OEM agreements for the production stage and hardly use product development agreements.

Do keep in mind that many international services are blocked by the Great Firewall of China. The first realization that foreign companies often need to make is that China is in no way a uniform and homogenous market. Yet there are intricacies native to the technological landscape that one needs to be aware of. Intellectual Property vulnerability is another major difficulty you have to face while doing business in China.

The presence of a qualified China business lawyer community is also one of the major factors for China’s global prominence as the finest business hub. Starting from IP protection help to trademark registration assistance, China lawyers offer amazing services to their global clients so that they can carry out their business process in a completely hassle-free way.

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Drafting a solid contract with a Chinese company is the first step to successfully suing it. When using a Chinese company, the first thing you should do is to carefully draft the suit papers with an experienced China business lawyer.

Angry businessman talking to his crying female assistant

Drafting a solid contract with a Chinese company is the first step to successfully suing it. When using a Chinese company, the first thing you should do is to carefully draft the suit papers with an experienced China business lawyer.

Business disputes between a Chinese company and a foreign firm are quite common. Knowing the process of how to use a Chinese company should be your first priority. If you don’t have the knowledge, it is a good idea to hire a China business lawyer with extensive knowledge of dealing with China litigation cases.

 

When it comes to suing a Chinese company in Mainland China, the US and the European firms face no jurisdictional restriction. Articles 3 and 237 of the PRC’s Civil Procedure Law grant the Chinese court’s jurisdiction over international cases involving foreign plaintiffs against Chinese companies.

 

There 3 things you must know about using a Chinese company

 

1- Where to sue?

Jurisdiction will usually be the first issue you will need to resolve in figuring out your litigation strategy against a Chinese company. Before attempting to sue a Chinese company, make sure that you qualify to use the Chinese court system. Review your case and compare it to the guidelines that a local Chinese court offers. If you are unsure, consult with an attorney.

 

2- Sue in what language?

Your English document must be translated into Chinese first by the authorized party. Some Chinese courts don’t enforce English language contracts at all. It is extremely important that you preserve all records that have any relationship to the case.

 

3- Determine the claims

Determine what claims you have and what type of damages you are interested in. Damages can take many forms, such as monetary compensation or a replacement product. This may seem obvious, but you need to have a genuine legal claim or “cause of action” in order to have a court support your position.

 

Drafting a solid contract with a Chinese company is the first step to successfully suing it. It is essential to set what will happen under which conditions. The US and the European firms will often have a standard contract, which is unlikely to be optimal when engaging in business with Chinese companies. Make sure your China attorneys really understand the case. And they need to work closely with you to ensure you understand the Chinese legal system and its nuances and processes.

 

You need to draft your suit papers in the right way. If the information in suit papers is incorrect in any way, China company may move to dismiss the action in its entirety. When using a Chinese company, the first thing you should do is to carefully draft the suit papers with an experienced China business lawyer.

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