International litigation lawyer
China Law Blog

China Force Majeure Provisions Are Not Your Father’s Force Majeure Provisions

Chinese companies love using China-style force majeure provisions to take advantage of foreign companies unfamiliar with Chinese law. Our China lawyers (mostly our China contract and dispute resolution lawyers) see this all the time. It is common for international contracts to include a force majeure provision, but those proposed by Chinese companies are anything but standard. Wikipedia

Force Majeure lawyers
China Law Blog

Force Majeure in the Time of Coronavirus

Way back in the pre-coronavirus days — October 30-2019 — in Do Not Let Force Majeure be a Major Force In Your China Contract, we did a post warning of force majeure provisions in contracts with Chinese companies. That post began with the following warning/joke; Pull out and look at your contract with your Chinese

China Law Blog

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

Force Majeure lawyers
China Law Blog

Coronavirus Legal Issues Around the World, Part 2: Force Majeure in Real Life

For the last three or so months, our China lawyers have been confronted with a host of legal issues related to the coronavirus. This should not be surprising because China was the seminal coronavirus epicenter. For the past two months or so, our Seattle lawyers have been working on a host of legal issues related

China Law Blog

China Supreme Court Guidance on COVID-19 Civil Cases

China’s Supreme People’s Court (SPC) recently released its Guidance on the Proper Handling of Civil Cases Involving the Novel Coronavirus Outbreak in Accordance with the Law (No.1). The Guidance aims to clarify various recurring issues that have arisen in handling civil disputes during the COVID-19 pandemic. Here are some highlights of this Guidance. Application of

Negotiating China contracts
China Law Blog

Negotiating China Contracts: The Deadline Trap

When negotiating a contract with a Chinese party, firm deadlines are essential, but also dangerous. They are dangerous because many (most?) Chinese companies have mastered the technique of manipulating deadlines to their advantage. There are many reasons to set a deadline for concluding a contract with a Chinese party. In any deal where the Chinese

Multi-level marketing in China
China Law Blog

How to Reduce China Payment Risks

Our China lawyers are often contacted by companies on “how to get money out of China”. Usually the questions concern purchasing assets like real estate or stock and other securities by a Chinese entity. The standard situation a Chinese side has failed to perform on its deal payment obligations and is claiming Chinese authorities will

China U.S. investment lawyers
China Law Blog

Chinese Free Look Schemes to Steal your IP

The era of large scale “take over” type Chinese investment in foreign companies appears to be over. However, our China lawyers still see a lot of interest in smaller investments from China in U.S. and EU companies involved in emerging technologies. Though it is possible this interest from the Chinese side is completely legitimate, just