There is no one size fits all solution for China dispute resolution clauses because they depend on so many factors, including, the location of the Chinese company within China, the nature of the transaction, the goals of the parties, the most likely dispute issues, the most important dispute issues, the type of dispute issues, the languages of the documents and potential witnesses, the law of the contract, and a whole host of other issues.
1. A China Mutual NDA Will Not Help YOU Should I Sign a Mutual NDA With a China factory? Our international manufacturing lawyers get this question once a week, which is up from maybe once a year only a few years ago. Our usual answer is no, mostly because these agreements are usually just a
How to control your China operations while avoiding China government control is critical and companies looking to do business in China need to decide what the China market means to them and what they are willing to risk. Companies looking to do business in China should decide what the China market means to them and what they are willing to risk. There is no way to entirely avoid China regulatory risk, but depending on your product or service and your company’s and owner’s risk appetites, there is always a way forward. The question of how to control your China operations is just one of many questions to ask.
Be careful with your China employee non-compete agreements. Do not just insert a non-compete provision into your China employment contracts without first thinking through the repercussions of doing so. You also need to be careful to act on any non-competes before any impending employee termination.
China Employment Contracts and Double Wage Claims. If your China employee works for more than a month without a written contract, she will be entitled to a double monthly wage penalty. And if your China employee works for a year or more without a contract, she will become an open-term employee, which essentially means you must employee her until her mandatory retirement age.
China Employment Documents are your protection. Employment Contracts and Rules and Regulations that work together are the key to an effective China HR system.
How to Succeed in Doing Business in China and with China. The New Paradigm is the Old Paradigm.
China's macro issues impacting your international business
Foreign Country Distribution Agreements: The Ten Questions to Ask.
