How to Initiate Foreign-Related Divorce Proceedings in China

I am not a divorce lawyer by expertise. However, I typically process a few foreign-related divorce proceedings each year, both to help those in need and to keep current with judicial practice. A client recently pointed out to me that there weren’t many useful online resources related to foreign-related divorce proceedings in China. Some of […]

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Make NNN Agreements Work in China

Can signed NNN agreements (non-disclosure, non-use, non-circumvention agreement”) with businesses in China help protect your intellectual property? The answer is yes. The only question is to what extent? Have NNN agreements signed certainly does no harm. Make it tailored to the realities of Chinese judicial system is even better. WHAT YOU NEED TO KNOW As […]

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Contracts Negotiation & Signing

For most foreign-invested enterprises in China, business plans and decisions that need to be carried out are heavily relying on the competency and loyalty of their local partner, or their hired management team. For example, if a WFOE wanted to build, develop the China market for brands owned by mother-company, they probably need to hire […]

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Shanghai sees FDI, trade grow

Shanghai’s foreign trade grew steadily in November while foreign direct investment soared, indicating further progress in the opening-up of the city’s economy. FDI in the city soared 150 percent to US$7.52 billion in November to touch a new high this year in both year-on-year growth rate and value, according to Shanghai Statistics Bureau. The number of FDI […]

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Are contracts in China ineffective?

Here are some frequently asked questions that I have received and answered about contracts in China, particularly in dealing with factories. These have been edited for clarity and privacy. Q: I have heard from colleagues in China and Hong Kong that contracts with factories are generally not worth the paper they are written on. Is […]

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What Does A China Business Lawyer Do?

Every time I introduce myself as a lawyer to a foreign individual, I would be asked often, “What’s your area of expertise?” My simplified answer would be, “foreign-related business matters in China.” If they ask for more detail, I would tell them that my team and I provide consultancy to foreign investors and help resolve […]

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Joint Venture Management

I’m a lawyer by trade, but over the past few years, I found that my team and I would spend over 70% of our time consulting on corporate management issues rather than legal matters. In doing so, we’ve been able to provide better services, both legal and commercial, for our clients as we’re able to […]

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Preparing for Legal Action in China

Lawsuits and arbitrations in China are costly and time-consuming – isn’t it everywhere? Before you making a decision on how to settle a dispute, you ought to have a clear picture of possible alternatives. There are definitely other more efficient and effective ways to settle a dispute rather than taking the case to court. For […]

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Labor Disputes Recourse Options

During dismissal labor disputes, which are heard by the Labor Committee, the employer and the employee often disagree on the facts. PRC Labor Contract Law is a little confusing, so I will do my best to shed light on the employee’s options, which should be helpful information for employers, as well.  What complicates matters is that PRC Labor […]

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Before Getting Hitched in a Joint Venture

In joint ventures, the powers vested on shareholders are rarely balanced. From the foreign shareholder’s side, oftentimes it either loses control over board decisions, or it gets the ability to control everything but as a result makes the company function poorly and miss business goals. For the purpose of this article, “joint venture” hereof strictly […]

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