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International Law

China Law Blog

Focuses on business law in China.
By Dan Harris and Steve Dickinson

Post Frequency: 5.3/day

Last Entry: November 04, 2020 at 13:55:07

Managing the Risks of Manufacturing in China ? Las Vegas, February 28 and 29

Posted on February 22, 2008
On February 28 and 29, I, along with Paul Brogan, Director of Supply QA for Burger King Corporation, will be co-chairing a conference on ?Managing the Risks of Manufacturing in China? in Las Vegas. The conference is aimed at quality assurance and product safety officers and legal counsel dealing with product liability and litigation...

Guanxi In China: Fugetaboutit!

Posted on February 22, 2008
Co-blogger, Steve Dickinson, just wrote an article for China International Business Magazine entitled, "Debunking the Guanxi Myth." (if you are not reading this magazine, you should be) (h/t to Travis Hodgkins over at the Transnational Law Blog. Steve starts out talking about how so often after he has informed a client that a proposed transaction is illegal, the client tells Steve they do not care because "they are working with a powerful political or military figure who will ensure that the normal legal rules and documentation do not apply...

Not So Random China Complaints

Posted on February 22, 2008
Funny, yet informative post up on Matt Schiavenza Blog, entitled, "Random Complaining." Methinks it is not so random. Schiavenza lists five rants and I focus on the following two: -- If for whatever reason I don?t answer my phone, it means (a) I have it on silent mode because I am busy (b) I don?t want to talk to you for some reason or (c) I don?t like having phone conversations at 8am on Saturdays...

For All The Coal In China

Posted on February 21, 2008
When I was a young associate at a Chicago mega firm, I worked on a huge breach of contract case involving two massive utilities. As part of that case, I had to drive down to Southern Ilinois to tour a coal mine. I cannot even remember why it was necessary for me to do this, but I do remember my supervising attorney telling me it would take five hours and that I absolutely had to get there on time to avoid drawing the ire of a very punctual client...

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The Two Contract China Deal. I Have One Word For It: Don't

Posted on February 21, 2008
Many years ago, I received a call from a US company that wanted us to help them sue a Russian aviation company for around $750,000. The Russian company had allegedly failed to provide $750,000 in contracted for parts. I told the US company to send us the documents and we would get back to them with our assessment of the case...

China Innovation. And When Will That Be?

Posted on February 21, 2008
Fascinating post over at This is China, entitled, "Are We Innovative Yet? The China Challenge." The post relays a conversation with a Chinese national who believes China is not innovative and never will be. She bases this on China's educational system, parents not letting their kids decide what to study, and a legal system that does not protect IP...

China Cultural Awareness: Going Beyond Not Being An Asshole

Posted on February 20, 2008
R-E-S-P-E-C-T Find out what it means to me R-E-S-P-E-C-T Take care ... TCB Aretha Franklin Sang It, Otis Redding Wrote it. About a month ago, I did a post entitled, "Chinese Cultural Awareness Simplified: Don't Be An Asshole...

Three Biggest Misconceptions Regarding China IP. One Trumps All.

Posted on February 20, 2008
IP Dragon has a very short, but highly relevant post, entitled, "Catherine Sun Debunks Misconceptions About Chinese IP Protection." The post relates to a less than three minute video of Foley & Lardner (a Milwaukie, Wisconsin mega firm) attorney, Catherine Sun...

In China Real Has Prestige. iPhone Makes Me Say Res Ipsa

Posted on February 20, 2008
One of the things I am always saying on here is that Chinese consumers are like consumers everywhere else in that if they can afford the real thing, they want it. Is not China's voracious appetite for iPhones proof of this? Check out this New York Times, article by David Barboza, entitled, "After China Ships Out iPhones, Smugglers Make It a Return Trip" (h/t to IP Dragon).

Foreign Management In China Dos and Don'ts

Posted on February 20, 2008
Very helpful/relevant post on China Vortex, entitled, "Business and Social Context Isn?t Important; It?s Everything," on foreign companies' management mistakes in China. Biggest mistake: not recognizing the need for local help. Money quote, with which I completely agree: "Now more companies are going into the Chinese tier 2 and 3 cities and they are realizing that Beijing and Shanghai have more in common with New York, London or Tokyo than with other Chinese cities...

Let's Rag Some More On China Joint Ventures

Posted on February 19, 2008
As regular readers of this blog know, we are not big fans of Chinese joint ventures. Yes, sometimes they are necessary, and yes, sometimes they even make sense. But most of the time, a strong contract can achieve the same thing with far less potential for harm...

China In Professor Lehmann's Life: 1950 To Present

Posted on February 19, 2008
Jean-Pierre Lehmann, a Professor of International Political Economy at International Institute for Management Development (IMD), has written a very interesting six part series on China from the inside, beginning in the 1950s and running right up to the present and beyond (h/t to China Economics Blog)...

China IP Teleconferences -- February 19 and 26

Posted on February 18, 2008
Just this second got an email announcing what looks like a very interesting Continuing Legal Education (CLE) Teleconference on Chinese intellectual property, set for tomorrow. For more information and to register, go here. It will consist of the following two live 90-Minute teleconferences with Interactive Q&A...

Trader Joe's Spewing China Hatred?

Posted on February 18, 2008
Some Facts behind Trader Joe's recent decision to stop selling single ingredient Chinese foods: 1. Trader Joe's will continue stocking foods that contain Chinese ingredients. This proves Trader Joe's knows not all food from China is dangerous. 2. Trader Joe's said it will replace the goods with "products from other regions until our customers feel as confident as we do about the quality and safety of Chinese products...

China's Olympics. Darfur. Steven Spielberg. Take It Away, ImageThief

Posted on February 18, 2008
I was going to do a post surveying the blogosphere on Steven Spielberg's decision to pull out of the Olympics. My post was going to highlight Mutant Palm's and Silicon Hutong's posts because I know the writers behind those two blogs really understand China and because I found their posts extremely interesting and thoughtful...

China Securities Class Actions. Ain't No Beef Nowhere.

Posted on February 17, 2008
A couple of years back I got wind of a class action securities law suit being filed in the United States against a Chinese company (whose name I have completely forgotten) that had listed on NASDAQ. Curious, I called the plaintiff's firm and asked the lead lawyer how he intended to collect from the Chinese company should he prevail...

China's Most Daunting Challenge

Posted on February 17, 2008
Interesting online poll just starting up over at The Globalist (look right). Asks "what is the most daunting challenge facing China today?" and gives the following four choices: A still-sizable poor population that has been left behind The adverse environmental effects of its rapid industrialization Overwhelming pressure to create enough jobs to reduce unemployment A yearning for democracy that cannot be suppressed I picked the adverse environmental effects of its rapid industrialization but thought about picking the jobs one...

Wine Countries 2040: Denmark, England, and China?

Posted on February 16, 2008
By way of Jim Boyce's Grape Wall of China (see original article here), comes the report that global warming is going to be very goof for China's wine industry: As the world warms, the wine regions most likely to thrive are those that still have cool climate regions available to exploit...

China Changes. Don't Over-React. Don't Under-React.

Posted on February 16, 2008
The simple solution is usually the right solution. Companies often come to us planning to do a China joint venture until we explain they can better and more cheaply accomplish their goals by contract. Clients often come to us with big plans to form a British Virgin Island (BVI) company to own a Hong Kong company to own a Chinese WFOE until we explain they can usually meet all of their goals and save tens of thousands of dollars by simply having an American company own the Chinese WFOE directly...

How To Learn Chinese Law. Do Try This At Home.

Posted on February 14, 2008
A few weeks ago, I received an email from a Chinese-American, fluent in both English and Chinese, asking how he should go about learning Chinese law and Chinese legal terms so as to be better prepared for securing a paralegal job. In his initial email, this person asked me not to name him on the blog, a request I found pretty strange because I saw absolutely nothing in his request that would be "blog-worthy...

Managing The China Dragon: Patience As Virtue

Posted on February 13, 2008
Very interesting post over at the always scintillating Managing the Dragon blog. The post is entitled, "Managing the Dragon, the Book (Update 2)" and it is the transcript of an interview with Jack Perkowski, writer of the just released (to strong reviews) book, "Managing the Dragon...

Buying From China: The Short List

Posted on February 13, 2008
Paul Woodward over at the Asia Business Media blog has a post up that nicely lays out the basics for those buying product from China. This list actually comes from Trapp Lewis, "formerly of both Global Sources and Alibaba.com, now running the Palmetto consultancy:" Sourcing websites - Don't forget that these are designed to provide marketing channels for suppliers/exporters and aggregate product/supplier content for buyers/importers online...

China Trespassing Law: Welcome Or Not?

Posted on February 12, 2008
Not sure how relevant this is to China business law, but it sure makes for a fascinating read, at least for law geeks. Law Professor Donald Clarke of Chinese Law Prof Blog fame, has been writing some very interesting posts on Chinese law over at the Conglomerate Blog...

Don't Blame China, We're British

Posted on February 12, 2008
Every so often I get a slew of emails asking me why asking me why I have not written on a particular topic or telling me that I should. But I have gotten so many relating to Britain's edict (since revoked?) to its Olympic athletes telling them to keep their mouths shut while in China I am beginning to wonder if they are part of some concerted email campaign...

Chinese Communism Versus Inflation

Posted on February 11, 2008
Very interesting article, entitled, "China returns to communist-style controls to cool inflation in market economy," in the International Herald Tribune on the efforts Beijing is making to try to cool China's inflation. Will it work? I wish it would, but I don't think it will...

Listen, Know, Participate, Chinese Style

Posted on February 10, 2008
Excellent post up on Sam Flemming's China IWOM Blog, entitled, "Dell finds closure to Processor Gate and 'Dell Hell' in China." It is on how Dell uses its China internet presence deftly to speak to the Chinese consumer in its own voice. This is a must read article for any business looking for assistance on how to convey their company voice online in China

Top Ten Reasons For China Business Failure -- List After List

Posted on February 10, 2008
ThinkChina Blog did a very interesting two part series recently detailing why US internet companies are having problems in China. The first post, entitled, "US Internet Companies? Top 10 Mistakes," sets out the ten mistakes US internet companies are making in China, according to Yeeyan, a website, which translates English blog posts into Chinese and Chinese blog posts into English...

China's Communism Is Glorious

Posted on February 08, 2008
It is, according to China Briefing, anyway. What do you all think 'bout that?

China IP: Ya Want Damages? I Got Low Damages And Here's Why.

Posted on February 08, 2008
American law firms frequently retain my firm to assist their clients in China. During our initial phone calls, the American lawyer doing the retaining often will remark upon having heard China has no law dealing with this or that. For instance, there is a fairly widespread belief among US lawyers that China has no tort law (negligence, product liability, etc...

China's Middle Class: Listen Up And Listen Good.

Posted on February 07, 2008
Professor Wayne Moyer, from whom I took many an international politics class, was one of the best teachers I have ever had. He taught that revolutions typically come from the middle class, not from the poor, who are usually too busy worrying about putting food on the table to revolt...

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