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International Law

China Law Blog 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

Recent Entries: 1629

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Selling Product And Services INTO China. It's The Payment Stupid.

Posted on March 15, 2010
With President Obama talking about doubling U.S. exports and with China's economy booming, it seems appropriate to talk about what should go into a sales contract with China, when you, the foreign company, are the one doing the sale. The big thing -- almost, but not quite the only thing -- in such a transaction is the payment terms...


China's Tech Scene.

Posted on March 15, 2010
Plus8Star blog has an excellent post up on Beijing's technology "scene." The post is an interview consisting of the following questions (with answers): 1. What?s the funding scene like in China and where are some of the incubators and resources Chinese entrepreneurs can look to? 2...


World Of Warcraft As China Metaphor.

Posted on March 15, 2010
When I served on a China panel at Berkeley last month, I met Dan Maas, who asked me for my thoughts on what had been happening to the World of Warcraft online game in China. It took me about fifteen seconds to figure out Dan knew far more about what was happening on that front than I did...


Shanghai Expo Pavilions. The Good, The Bad And The Ugly.

Posted on March 14, 2010
Ryan McLaughlin over at Lost Laowai (and the technical force behind this blog) just did a post, entitled, "World Expo Shanghai 2010 Pavilions ? Some Favourites," comparing various of the Shanghai Expo Pavilions. Whether you agree or disagree with Ryan's anything but wimpy assessments, his post certainly does make for an interesting read and review of what's coming and I recommend it...


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China Manufacturing: The Real Story.

Posted on March 13, 2010
Helen Wang over at the Chinese Dream blog is just out with an interesting post on innovation in Chinese manufacturing, or the lack thereof. The post is entitled, "Myth of China?s Manufacturing Prowess," and its central thesis is that Americans misunderstand what drives Chinese manufacturing...


The China Representative Office (RO). Got WFOE?

Posted on March 12, 2010
Spoke with a China lawyer friend of mine today who told me his firm had not "done" a single China Rep Office for the last six months. Every time someone had contacted them with plans for a China Rep Office, it ended up as a WFOE. I told him the same thing had been happening at my firm as well and that the only time I could remember not trying to talk a client out...


Knock, Knock? Who's There? China Tax Man.

Posted on March 10, 2010
I had a conversation the other day with a leading journalist on how both of us are always right about our predictions. I joked that the beauty of writing is that all we need to do show how right we are is to highlight the predictions on which we were right and to let cognitive dissonance wash away all the other ones...


How To Succeed In China Business. THE Rules.

Posted on March 10, 2010
Rich Brubaker of All Roads Lead To China is out with an über-helpful post, entitled,A Few Rules for Succeeding in China, setting out the following eight rules to follow to succeed in China: 1. Show up with reasonable expectations. Rich notes how many come to China with "unrealistic expectations? or at least have yet to fully put into context the amount of investment it will take in time, money, and capacity to achieve those goals...


So You Wanna Be An Entrepreneur In China?

Posted on March 09, 2010
Every month or so, I get an email from someone asking me for my views on their starting a business in China. These emails usually come from someone who has been in China for a year or so at a really low paying job or from someone who just recently graduated from college in the United States...


China And England, Without Prejudice. Assume Nothing.

Posted on March 09, 2010
Sometimes the strangest things get me to thinking. Today it was an article, entitled, "Court of Appeal rules on without-prejudice communication," by London lawyer, Andrew McGregor. An incredibly rough summary of the article is that British courts will exclude settlement negotiations as evidence...


Five More Things About China Deals That Differ From The West. It's The Government, Stupid.

Posted on March 08, 2010
A few days ago, I did a post borrowing from and remarking upon an excellent post by Geraldine Johns-Putra on five ways doing deals in China differs from doing deals in the West. I loved her first post and she has just come out with a second, entitled, "Ten things about doing deals in China that are different from the West ? Part 2," which is also so good that I would be remiss if...


The "Your Lawyer Doesn't Understand China Excuse" And Why You Should Never Buy It.

Posted on March 07, 2010
David Dayton over at Silk Road International has just written a great post on China lawyering, without even knowing it or trying to do so. His post is entitled, "Reasons why a factory doesn?t want you to come see things," and the main point is the conclusion: if a Chinese factory does not want you visiting, it has to mean something bad is afoot...


Ya Want China Reality? Pomfret Gives China Reality.

Posted on March 07, 2010
Maybe five years ago, I was at an incredibly crappy China conference right here in Seattle. I knew it would be bad, but I had been given a free ticket and I needed the CLE (continuing legal education) credits. And it was. Bad that is. One of the reasons it was so bad was because the moderator would spout out things like "whatever we [the United States] are making, China can make just as well...


Foreign Business In China. Can't Live With 'Em, Can't Live Without 'Em.

Posted on March 06, 2010
In one of my college history courses, my professor was big on emphasizing how much China's mistrust and dislike of foreigners had influenced it. This professor saw the Great Wall as THE symbol of China's attitudes towards foreigners and he ascribed virtually everything China did to its desire to keep its distance from foreigners...


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

Posted on March 06, 2010
About four months 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. A couple of months ago, I did part V 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:"...


China Expert Networking Group. Join It Or The Kid Gets It.

Posted on March 06, 2010
As many of you know, we recently formed a China Law Blog Group on LinkedIn as a forum for open discussion on China law and business issues. That group has been thriving with nearly 600 members already and a ton of fascinating and enlightening discussions under its belt, including the following: -- Do Chinese professionals have better phone ethics? (with 33 comments) -- Chinese companies can't build brands? Think again...


Taking Your Product From Conception To Market. China Manufacturing Included.

Posted on March 05, 2010
I had a great conversation the other day with a nurse who called me with what I think is a killer product. I spoke with her for a while and found myself really enjoying the conversation because she had done such a good job in terms of laying the groundwork both here and in China for all that she was seeking to do with her product...


China's Chocolate Fortunes. Doubly Good. Done Right.

Posted on March 05, 2010
Every few weeks some publisher emails me and asks me if I want a book on China to review and every few weeks I say yes, in a vain attempt to trump Milton Friedman. I read maybe half the books I receive (virtually always on an airplane), like probably 75% of them, and tend to review only those I like and believe would be good reads for our own loyal readers...


China. Whither The Children. I Say Tomato.

Posted on March 05, 2010
During one of the breaks in the recent Berkeley Asia Business conference, I took part in a conversation with an American guy whose wife was expecting her first baby and an American woman with a toddler. Both of these people had spent many years in China and loved it and both were still very much engaged in China related businesses...


Toyota And China. It's A Small World After All.

Posted on March 04, 2010
News Flash: Chinese do not like being treated as "second class citizens." It appears Toyota has failed in this most basic of business propositions. I have written of how I am of the view that foreign companies doing business in China would be wise to employ their highest and best environmental standards, and not "dumb them down" for China: We are aware of a large Fortune 500 retail company that is opening units in China...


Five Things About China Deals That Differ From The West. Aspiration Matters.

Posted on March 04, 2010
Geraldine Johns-Putra over at the View to China blog (just added it to our blogroll) just did a post I really love, called, "Ten things about doing deals in China that are different from the West ? Part 1." I love it both because it is helpful and because it does a great job of expressing some of the peculiarities of deals in China...


Corruption In China Through Social Pressure: Downfall By Chinese Wedding.

Posted on March 04, 2010
I of course cannot prove it, but I am convinced (and I am not kidding here) that the failure rate for a business whose owner has gone to a Chinese wedding is at least ten times higher than for those who have not. Let me backtrack a bit and explain. The Quality Inspection blog recently did a post entitled, "Corruption of inspectors: the role of social pressure," discussing the "risk of corruption of inspectors in...


China/Divide. I Will Keep My Wits About Me.

Posted on March 02, 2010
I long ago created an arbitrary rule saying that I would not put a blog onto our blogroll until it had been around for at least three months. I instituted this rule after raving about a brand new blog, putting it on the blogroll, and then having it never put out another post...


Chill Out Tax Man. The China WFOE Is In The Hopper.

Posted on March 02, 2010
Now I know that one of the overriding themes of this blog since its inception is that China is stepping up its enforcement of laws against foreigners, but I am getting a strong vibe that things just ratcheted up another notch or two. Two times in the last few weeks, two clients in two different industries and two different cities, but both of whom we are in the process of registering Wholly Foreign Owned Entities...


Expat Health Insurance In China.

Posted on March 01, 2010
The Start In China Blog has updated its previous post on various health insurance options for expatriates living in China. The post is entitled, "Health insurance for expats in China," and it really does a superb job setting out and comparing various expat insurance plans...


Crime In China. Say What?

Posted on March 01, 2010
As regular readers know, I am fascinated by statistics. As regular followers of China know, reliable statistics on China are frequently hard to come by, and that is particularly true when it comes to crime. Now, the People's Daily, in an article, entitled, "China's violent crimes rise for the 1st time in a decade," has come out with an article flogging the rise in violent crimes in China, but without really giving any good solid...


China/Divide. I Will Keep My Wits About Me.

Posted on March 01, 2010
I long ago created an arbitrary rule saying that I would not put a blog onto our blogroll until it had been around for at least three months. I instituted this rule after raving about a brand new blog, putting it on the blogroll, and then having it never put out another post...


Chinese Drywall Litigation. The Half-Assed Defense And Why Seizing Assets Is Very Different From Seizing Ships. With Apologies To Scott Weinstein For Something I Never Said.

Posted on February 28, 2010
A few months ago, I spoke in New Orleans at the leading Chinese Drywall Conference. I was introduced as the person who was going to explain whether it would be possible to sue and collect from the Chinese companies involved in providing the drywall that is estimated will end up costing between USD$15 and $25 billion to fix...


China Trademarks. Where Your Name Is An Image. Think Like A Chinese Consumer.

Posted on February 28, 2010
Until a few years ago, English language trademarks were relatively easy to secure in China. We would figure out the right trademark category or categories under China's trademarking system, we would pick the right classes within the category(ies), and then we would get approval from the China Trademark Office to file the particular trademark...


The Foreign Corrupt Practices Act (FCPA) Wants You. Even If You Are In China.

Posted on February 27, 2010
The other day, I instructed a client of mine from doing something I was pretty certain would violate the Foreign Corrupt Practices Act (FCPA). When I told him that what he was proposing would almost certainly be illegal, he assured me that in the country in which he would do this, this sort of thing "goes on all the time" and, "of course, there can be no way I can get in trouble in the...


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