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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

Foreign NGOs In China. New Regulations Make It Even More Difficult To Get There From Here.

Posted on June 15, 2010
Meg Davis, founder and Executive Director of Asia Catalyst, just came out with a post nicely updating the sitauation for Non Governmental Organizations (NGOs) in China. The post is entitled, "China's New Nonprofit Regulations: Season of Instability," and it focuses on China's new regulations for NGOs...

China Letters Of Credit. What Do You Know?

Posted on June 15, 2010
Got a call the other day from a very successful and reputable company referred to us by their domestic attorney. Seems this company had done an international deal (of no small size) via a letter of credit and they had not gotten paid. They were looking for our assistance and though we were eventually able to get them paid, it was actually due far more to the honesty of the foreign company than to the letter of credit, which had been done all wrong and which almost certainly would not have given them any recourse...

Avoiding Kickbacks In China. Just Say No.

Posted on June 14, 2010
Kickbacks. Gotta love 'em. True story: I used to have a foreign client known as "Mr. 10%." This guy was responsible for provisioning and repairing and operating tens of vessels and word was he skimmed ten percent from all of this. He would complain loud and often about his nickname, but once, in an unguarded moment, he said, "5% sometimes yes, but 10%, no way...

Top Seven Intellectual Property Mistakes By Foreign Companies Doing Business In Or With China.

Posted on June 14, 2010
I am always counselling patience to young lawyers who want to start their careers doing international law. I explain that international law is really just "regular" law with an international component. I thought of that today when I read a post on the High Touch Legal Services Blog, entitled, "Top Ten Intellectual Property Mistakes of Startup Entrepreneurs" and realized how many of those mistakes have commonalities with the IP mistakes we so often see with foreign companies going into China...

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China Due Diligence. It Is Different.

Posted on June 14, 2010
Danwei is just out with a fascinating post by Jeremy Goldkorn, entitled, "Business Travel magazine cheats on audit." The post is on a letter sent out by BPA, "the global organization that audits the circulation of print publications." The BPA letter discusses how "Business Travel magazine (????) has been kicked off BPA's list of audited publications" for the following: While conducting an on-site print run of the April 2010 issue, BPA audit staff was presented with taped boxes allegedly filled with over 210,000 printed copies of BUSINESS TRAVEL, which upon further inspection, were empty...

On The Relevance Of Hong Kong To China.

Posted on June 11, 2010
A couple days ago, one of my firm's legal assistants, Stephanie Henry, wrote an excellent post on a Harvard Business Review article she had read on whether it is too late for businesses to be going to China. That post, entitled, "Are You Too Late for China?" made no mention of Hong Kong...

China's Foxconn Suicides. Explained.

Posted on June 11, 2010
This is the first I have written on the Foxconn suicides because until now I have felt I had nothing to contribute. I still feel I have nothing to contribute, but I like Jack Perkowski's analysis so much, I am going to quote and refer to it. In his post, "The Foxconn Suicides," Perkowski gives a number of explanations as to why he does not believe those suicides are the direct result of sweatshop conditions, but I found the following two most convincing...

How To Succeed With Your China Business. By Really Trying.

Posted on June 10, 2010
By Simon Malinowski (Harris & Moure summer associate) Excellent podcast interview with Edward Tse, Chairman of Greater China for Booz & Co, entitled, 'The China Strategy.' Nice overview on what it takes to succeed in China today. Some of the highlights: -- The new way to think about China...

Shanghaied In China. What Can I Say?

Posted on June 10, 2010
A while back I imposed what is looking to be a stupid rule. The rule is that if I receive five emails on a topic, I will write on it. It seems whenever I get five emails on a topic on which I have not written, it is because I have concluded it is NOT a good topic on which to write...

Are You Too Late for China?

Posted on June 09, 2010
By Stephanie Henry Stephanie has been a world class legal assistant with Harris & Moure for about a year now. Stephanie will be starting the Masters in Communications program at Johns Hopkins University in Fall 2010. This is her first solo post. Are you too late to enter China? In the April edition of Harvard Business Review, in an article, entitled, "The Globe: Is It Too Late to Enter China?" Howard Tse presents five questions all businesses should consider before venturing into China...

China Courts. You Ain't In Kansas Any More.

Posted on June 07, 2010
We westerners (particularly we lawyers) are used to courts being legalistic. We expect courts to rule "strictly" on "the law." This expectation is wrong in the United States and very wrong in China. It is wrong in the United States because about 50% (yes, I am making this figure up) of all cases could easily go either way based on the law...

China Product Beyond Your Worst Nightmare. This Time It's Drywall.

Posted on June 06, 2010
One of the things we are always telling our clients who source product to China is to be specific. Always. I talk about how China has levels of quality five levels below anything you would even think possible and for Chinese manufacturers, those levels are normal...

The One China Myth. Let's Get Together And Feel Alright.

Posted on June 03, 2010
I wish I could reveal what has spurred me to write this post, but if I do, it will no doubt hurt the feelings of people who probably spent a lot of time on the information they provided, so I will be more circumspect. But If I hear one more person at a seminar talk about how there is no "one China" I will scream and If I see one more map dividing up China in an effort to get people not to view it as monolithic, I will do the same...

One Small China Restaurant Writ Large. Really Large.

Posted on June 03, 2010
Had a discussion the other day with two super knowledgeable China people. Both of these people are businesspeople. Both are fluent in Chinese. Both have been living in China for at least a decade. One is a marketing person. The conversation started with my bemoaning how my favorite restaurant in Qingdao so rapidly deteriorated, in every respect...

China's Rising Wages. Does It Matter?

Posted on June 02, 2010
There has been much press of late regarding rising wages in China and increasing unionization in China and it is all true. Wages are rising in China, particularly in the coastal areas. On top of that, the Chinese government has gotten very serious about collecting the various taxes and pensions employers are legally required to pay for their employees...

China Outsourcing Tips.

Posted on May 30, 2010
Very good post over at the Foreign Entrepreneurs in China blog on how to handle your China outsourcing arrangements. The post is entitled, "12 Tips for Negotiating and Dealing with your Suppliers in China," and it imparts good, solid, common sense information...

Meet The New China Law Blog, Same As The Old....

Posted on May 28, 2010
Though we have been in existence for about four and a half years now, we have never written a post focused on just us. That has been by design. We figure you come here to read about China, not about CLB. But I cannot resist this just once...

YOUR China Supplier Information. It's Out There.

Posted on May 22, 2010
Got a somewhat frantic phone call a few weeks ago from a company wanting to sue "somebody." This company, let's call it Company A, had just learned why its largest buyer, Company B, had stopped buying product from Company A. The reason: Company A had learned from whom Company A was having its product manufactured in China and had started sourcing from that company itself...

Chinese (Business) Law Enforcement: It's A Good Thing

Posted on May 21, 2010
By Simon Malinowksi NOTE: Simon is a 1L at Indiana University School of Law and a Harris & Moure summer associate. Much has been written on this blog and elsewhere on China's gradually decreasing appetite for foreign investment as manifested by its tougher enforcement of its foreign investment rules...

Manufacturing In China. This Time, It's All Good.

Posted on May 20, 2010
The nature of the legal practice and the nature of this blog means a large percentage of our posts stem from negative incidents in China. This post stems from a somewhat shockingly positive phone call I received the other day from a U.S. company that wanted my assistance in getting its molds back from its Chinese supplier and in drafting an OEM agreement with a new supplier...

China Negotiations. Persistance Pays.

Posted on May 19, 2010
My friend Andrew Hupert, who teaches MBA level negotiation courses at NYU just came out with the second part of his "Negotiating in China: Secrets of Success series. In this most recent post, Andrew sets out three "rules" the "heavy-lifters of international negotiation have to say about reaching the contract-signing ceremony milestone in China...

China's School Killings. Capitalism Made Me Do It.

Posted on May 19, 2010
Since China's recent spate of school killings, I have received a couple emails asking me "what is going on." I respond by saying I have no clue. I do not explain any further, but if I did, I would say that for me to have any idea as to causation, I would have to know a helluva (that's a word among the 21 and under set) lot more than I do about each of the...

How To Do Business In China. A Thrilla in Manila. May 27-June 5.

Posted on May 17, 2010
Beginning on May 27, Tony Ahn of Artefact, Inc., a Manila, Philippines, based management consulting firm, will be putting on a series of seminars on "Doing Business in China." Tony originally comes from Washington State and both Steve and I have known and worked with him for years...

Treat Your China Suppliers Well....

Posted on May 17, 2010
Yet another excellent post by Santiago Cueto at the International Business Law Advisor. It is entitled, "How to Avoid International Disputes: First, Be Good to Your Suppliers," and it provides absolutely critical for how to treat your suppliers. I virtually never go a week without talking with a client retaining my law firm to write their OEM supply contract with a Chinese supplier and that means I virtually never go a week without saying that...

Terracotta Typewriter Interviews Peter Hessler On China.

Posted on May 16, 2010
I am a long-time fan of Terracotta Typewriter, which describes itself as follows: Terracotta Typewriter is a literary journal with Chinese characteristics. This is the only China-themed, English-language literary journal. This site is the creation of American expatriate writer and editor in China, Matthew Lubin...

Doing Business In China: What It Is Really Like.

Posted on May 16, 2010
Absolutely excellent, must read piece in today's New York Times, entitled, "Foreign Companies Chafe at China's Restrictions." Better than anything else I have read, this article, written by Keith Bradsher, conveys what foreign companies have been facing in China recently...

China Real Estate: The Next Sound You Hear Will Be A Pop.

Posted on May 16, 2010
Much has been written on China's real estate bubble and so I have felt little need to cover it here. A recent post by Patrick Chovanec, entitled, "Foreign Policy: China's Bubble Trouble," so nicely summed up my feelings on the issue, I cannot resist at least pointing it out...

China Foreign Direct Investment. Meet The New Rules....

Posted on May 15, 2010
By Steve Dickinson China's State Council recently issued the Opinion on Taking Additional Steps in the Work Improving the Utilization of Foreign Investment. The Chinese original can be found here. This Opinion and the various research reports issued together with it confirm China will not be changing the basic approach to foreign investment it has followed since 2006...

Sourcing To China. A Tale Of Two Companies.

Posted on May 14, 2010
It was the best of times, it was the worst of times. -- Charles Dickens, from A Tale of Two Cities I recently dealt with two similar calls from decent-sized US companies that source their products to China. Both companies were calling to find out what remedies/leverage they might have in disputes with their Chinese suppliers...

How To Sell To The Chinese Government. And Not Lose Everything.

Posted on May 13, 2010
One of the strengths of the China blogosphere is that we so often enhance each other. This morning I did a quick post, entitled, "How To Sell To The Chinese Government: Have What It Really Really Wants." That post was based on an article by a couple of Reed Smith attorneys in the China Business Review, setting out some tips for securing deals with the Chinese government...

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