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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

Law As China Social Change Agent. I'm Getting Emotional.

Posted on October 15, 2010
When I was just beginning as a lawyer, one of my clients complained that she had the sense I was not 100% convinced of the merits of her company's case. She was obviously troubled by this and so I was troubled by it too. I went to a senior partner and explained the situation with the slant that I must have been doing something wrong to have instilled such doubts in my client...

China Versus India. How To Always "Win" The Argument.

Posted on October 15, 2010
iLook China has a post up comparing China's economic future with India's. The post focuses on the recent Economist cover story positing that India's economy will soon out-pace China's. I never read that article because I find articles like that somewhat silly...

China's Service Sector Will Reign. Part XX.

Posted on October 15, 2010
This is part 20 in a long existing (but of late somewhat dormant) and intermittent series of posts on China's service sector. We wrote Part 1 back in January, 2006 and that post can be found here. I was spurred on to write this post after a ultra-long conversation with co-blogger Steve where we updated each other on the matters on which we are working together...

How To Choose Your China Attorney. Quality, Quality, Quality.

Posted on October 15, 2010
Co-blogger Steve Dickinson and I recently wrrapped up a China law suit. I would love to be able to provide full details, but I need to give some distance to the case before I can do that. The Chinese law firm with which we worked (I will name names eventually) did an absolutely fabulous job and it deserves massive credit...

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Expat Health Insurance In China. Part II.

Posted on October 14, 2010
Earlier this year, I did a really short piece on "Expat Health Insurance in China." Based on the comments and emails, that post was helpful to a number of people, and yet a number of additional people were requesting an update and more information. When I came across Tony Noto's recent article on expat health insurance, entitled, "Health Insurance for 'Halfpats,'" I contacted him to ask if we might run it here with a supplement listing specific sources of health insurance for China's expats...

China Is The Risk. I See Clouds.

Posted on October 13, 2010
One of my main duties as a lawyer is to minimize risk. Properly forming/registering a Chinese entity minimizes risk. A great contract minimizes risk. Registering a company's intellectual property minimizes risk. Written employment contracts and a written employer manual minimize risk...

China's Indigenous/Domestic Innovation Policy. Everyone Just Move Along.

Posted on October 12, 2010
By Steve Dickinson There has been much discussion lately about China's domestic innovation/indigenous innovation policy. Foreign Affairs Magazine recently did an article on this entitled, "China's Innovation Wall, setting forth the standard Western view, which is that this policy will be terrible for America...

China Inside Out. Ten Irreversible Trends. The Book.

Posted on October 11, 2010
Bill Dodson of This is China! Blog fame, is coming out with a book, entitled, China Inside Out: 10 Irreversible Trends Re-shaping China and its Relationship with the World and pre-ordering is now available on Amazon for delivery next month. I am certain the book will be good...

Shanghai Versus Beijing. What Do You Think?

Posted on October 10, 2010
The Beijing-Shanghai rivalry fascinates me. Not because it is so unusual, but because it is so pronounced and because it matters. Beijing is the seat of government, yet it is also China's art, media and tech city. Shanghai is the city of business and finance, yet it is both historically, and today, generally the most open to foreigners...

Eight China Market Trends.

Posted on October 10, 2010
I once read that using a number in a blog post title increases readership by about 50%. As someone who loves lists, I buy that. And so I was drawn to this post, entitled, "China: Five Trends to Monitor." Once there, the fact that the post was compiled from an interview with Vladimir Djurovic, the owner/founder of LabBrand, kept me intrigued...

This Is Guanxi In China And You Ain't Got It.

Posted on October 07, 2010
David Wolf over at The Silicon Hutong blog is just out with a post riffing on the meaning of guanxi. It's superb. The post is entitled, A Few Notes on Guanxi, and what it does better than anything I have seen to date, is accurately and concisely define guanxi...

China Trademarks. The Rules For Chinese.

Posted on October 06, 2010
Though my firm represents Chinese companies in the United States, we never represent Chinese companies in China. This means that when we are retained to register trademarks in China, we almost always are registering existing names and those names are almost always in English, or at least in the Roman alphabet...

Competing With Chinese Companies On Price. In Your Dreams.

Posted on October 06, 2010
Every so often, a client will remark on how there is "no way" its Chinese competitor can be selling a particular product at such a low price. We then talk about all the ways the Chinese company can, in fact, be selling the product at below what it costs my American client to make it...

China And The Economics Of Food.

Posted on October 05, 2010
During an interview with Oregon Public Radio the other day, I was asked where I saw the most opportunity for foreign businesses in China. My answer was education, healthcare, food, cleantech/greentech, and software. It is the same five industries I have been saying for years and the one that always seems to draw the most surprise is food...

How We Really Feel About China, Part I: Guanxi.

Posted on October 05, 2010
Our mission statement (which has been around since January, 2006) makes clear we will not shy away from controversy: We will be challenging various misconceptions the West has about law in China, including that the law in China does not really matter or that guanxi can supplant it...

The Re-balancing of China's Economy. An Expert Perspective.

Posted on October 03, 2010
I am always getting asked deep questions regarding China's economy and I almost always demur because I am not an economist. But is China experiencing a bubble, people always want to know? Based on my experience of having been intimately involved (from the legal side) with two bubbles (the dot...

China Distributorship Contracts: What You Need To Know About Resale Price Maintenance.

Posted on October 03, 2010
Excellent post on King & Wood's China Law Insight Blog on resale price maintenance in China, entitled, "Rules Governing Resale Price Maintenance in China." Now before you just up and run away from this post, believing there is no way an antitrust concept can be relevant to your business in China, let me tell you that you may well be wrong...

Liability Insurance For China Products. The How To.

Posted on September 30, 2010
A few months ago, I was speaking with Michael Perry, a Vice President at DLD Insurance Brokers in Los Angeles. Micheal has a wealth of experience in placing international insurance policies and I was picking his brain regarding product liability policies for U...

China Trade Shows: What You Need To Know.

Posted on September 30, 2010
China Sourcer Magazine is out with its second issue and it is good. The issue is dedicated to China trade shows and it is chock full of helpful information on what to do before, during, and after a China trade show. My favorite part of this issue was actually the Q&A section with the editor (with assistance from PassageMaker)...

Sourcing From China. I Feel Happy, Oh So Happy.

Posted on September 29, 2010
I admit it. The more depressing and violent and gritty the movie or the TV show, the more I like it. And as a lawyer, I take perverse pleasure in using gruesome stories to scare people straight. At my last speaking event, I told of how my old law firm had lost its insider standing with a Russian province when our paralegal's father, who up until that time had been a key Vice-Governor in that province, came home to someone who threw acid on him and then killed him with an ax...

SME Legal Bills In China. I'm So Glad You Asked.

Posted on September 28, 2010
I was talking with a client today for whom we are doing what I consider to be our standard China start-up "package." We are helping them form a WFOE, helping with the legal side of their lease, registering and protecting their IP in China, and drafting their China employee manuals and employee contracts...

Guide To Dispute Resolution In Asia, Including China.

Posted on September 26, 2010
London based mega law firm Herbert Smith just came out with its eighth edition of its "Guide to dispute resolution in Asia" and it is excellent. This guide "is intended to provide a concise, accessible overview of the practical issues involving dispute resolution across the region," and that is exactly what it does...

The China Law Blog World Tour. Don't Miss It.

Posted on September 24, 2010
I am going to be speaking on China/International law a whole host of times between now and early November and since my first one is on Monday, now's the time to tell you about them. So here goes. On Monday, September 27, I am going to be live on Oregon public radio at some point between 8:40 a...

Doing Business In China? Just Get A Seal.

Posted on September 23, 2010
Just got a call from a United States client who is being told it needs a seal on a relatively unimportant document to be filed in China. Their question to me was whether the seal is "really" required. I told them they had the following two choices:1. Pay my law firm a lot of money to figure out both whether Chinese law really mandates the company seal for the particular document at issue and whether the government entity with whom the document will be filed really will require our client's seal; or 2...

It's Time To Export To China (And The Other BRICs). And Here's How.

Posted on September 22, 2010
The Portland Business Journal just published an article by my long-time friend, Alexander Aginsky. Alex is a Thunderbird MBA who for the last ten years or so has been assisting American companies going into emerging markets and emerging market companies coming into the United States, through his company Aginsky Consulting, "a boutique market entry consulting firm...

Hiring A Chinese Employee Without A Chinese Entity. Good Luck With That.

Posted on September 22, 2010
American companies are constantly asking us to draft employment contracts between their American company and their Chinese "employee." One big problem. Such contracts violate Chinese law. Under Chinese law, only Chinese entities are allowed to have employees based in China...

Chinese Science Rising. There Will Be Innovation.

Posted on September 21, 2010
I went to a dinner the other day, attended by a neighbor who is one of the world's foremost experts in some niche area related to cleaning up land sites contaminated by oil. We got to talking about China and he talked of how "about half" the published scientific material he is seeing these days comes from China...

China And Lose-Lose Negotiating.

Posted on September 20, 2010
There's an old joke about a Frenchman, an Englishman and a Russian who are told they have only one day until the end of the world. The Frenchman says he will spend his last day with a bottle of Bordeaux and a beautiful woman. The Englishman says he will take his favorite sheepdog for a walk across the moors...

China Blogs: That's The way, Uh-Huh Uh-Huh, We Like It, Uh-Huh, Uh-Huh. Part VII

Posted on September 19, 2010
About a year ago, in Part I of this series, I promised we would go through our blogroll and justify and expound upon each blog, five by five. Six months ago, I did Part 6 of this series. This is the sixth of this slowly running series, where I explain, in alphabetical order, why it is that each blog managed to qualify for our blogroll under our admittedly "slippery, vague, and subjective criteria:" Our blogroll basically consists of those blogs we like and which we think our readers will like or should be reading...

China Anti Corruption Conference In Beijing, November 30 - December 2.

Posted on September 17, 2010
We have consistently harped on the importance of global companies having an anti-corruption policy in place. In response to that, we are often asked how companies should go about formulating their anti-corruption policies and what more can they do. As I am not an anti-corruption expert, I typically tell them they should both bone up on the subject and retain an expert...

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