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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

US-Listed Chinese Companies. Let's Watch The Sausage Get Made.

Posted on March 17, 2011
As we are always saying, you can win all the cases you want against Chinese companies in United States courts, but getting them to pay is another thing. Yet the march of Chinese companies to US stock market listings may be changing that ever so slightly...

China's Public (And Not So Public) Records

Posted on March 16, 2011
I find it interesting how some countries grant wide access to government records on individuals and companies while others are far more restrictive. The United States is the most open of the countries of which I am aware. Here, things like divorces proceedings, birth records, and corporate records are generally available to just about anyone...

The Sino Japanese Relationship Made Less Complicated.

Posted on March 16, 2011
For years, Jottings from the Granite Studio has been one of my favorite blogs. Its written by Jeremiah Jenne, "a Phd candidate at a large public university in Northern California" who is "currently in Beijing teaching history, doing archival research, and working on his dissertation...

Registered Capital For Chinese Companies. Overrated.

Posted on March 15, 2011
A client said something to me today that gave me real pause. He said that he was not too concerned about giving a large amount of credit to a Chinese company because he had looked up that company's registered capital and it would be enough to cover the debt...

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China Legal For Business. The Basics And Nothing But.

Posted on March 15, 2011
A few months ago, the general counsel of a company for whom we had done some China work asked me to spend a few minutes alerting her to the "typical" legal issues American companies face when they do business with China. She wanted a legal checklist to give to the executives at her company so that they would know when they need to contact her so she can contact us...

China's RMB. Ain't Gonna Be No World Currency No How.

Posted on March 14, 2011
I often write how irritated I get when I see pseudo-economists write on China's economy. Whenever I do that, I get comments and or emails asking me what constitues a real economist and who I consider to be a real China economist. A real economist is someone trained as an economist who works as an economist...

A Serious Analysis Of China By A Serious Person.

Posted on March 13, 2011
In response to what has been transpiring in the Middle East, a whole slew of articles have come out on whether China is ripe for the same thing. I have started reading maybe one hundred of these articles, but completed probably less than a dozen. I stopped reading as soon as it became apparent to me that their authors had no particular expertise and were writing the piece to advance their own agenda of painting China as evil or as a place where you should go to invest (presumably, using the author as your consultant)...

China Product Certifications. The Basics From People Who Know.

Posted on March 13, 2011
Earlier this year, Steve and I spoke at AmCham Beijing on the basics of Chinese law for for foreign companies. At that meeting and subsequent to that, we had the opportunity to speak with Anthony Goh (who is the chair of AmCham's Small Business Forum) and Matthew Sullivan, regarding China product certification requirements...

China As Though Language Matters

Posted on March 12, 2011
Interesting post on the China Business Leadership blog, entitled, "China -- The Language Barrier," regarding how language can play out in China employment situations. The post talks of a manager who insisted on speaking English to his Chinese staff even though many did not understand him...

On Licensing Your Software To China.

Posted on March 11, 2011
I have been on the road the last few days, first speaking at a Bank of America client only event in San Fransisco and then today speaking on various international law topics at Indiana University School of Law. So I went through old emails from Steve to clients relating to their China software licensing agreements...

China's Reaction To Japan's Earthquake

Posted on March 11, 2011
Adam Minter of Shanghai Scrap has written an excellent piece for Foreign Policy Magazine, on China's reaction to Japan's horrible earthquake. The article is entitled, "Schadenfreude and Sympathy in Shanghai," and it does a great job conveying the "feelings" being expressed by Chinese regarding the terrible calamity that has struck Japan...

Say Goodbye To The China Price

Posted on March 09, 2011
Co-blogger Steve Dickinson recently wrote an article for the China Economic Review, entitled, "Farewell to the Chna Price." In it, he talked extensively on the price changes going on in China and on how those price changes have and will impact foreign businesses...

How To Form a China WFOE. Scope Really Really Matters.

Posted on March 07, 2011
Pretty much every week my law firm gets contacted by an American or European company with big plans for China. Almost invariably (and this is a good thing), this company has spent tens of thousands of dollars in researching China for their business and in travelling back and forth to China to scope things out...

China's 12th Five Year Plan: A Preliminary Look, Part II

Posted on March 06, 2011
A few days ago, co-blogger Steve Dickinson did a post on China's 12th Five Year Plan, entitled, "China's 12th Five Year Plan: A Preliminary Look." This is a follow-up post, reflecting an outline China's National People's Congress (NPC) just put up on its website...

Egypt, Libya, And China. Damn, But I TOLD YOU SO Two Years Ago!!!

Posted on March 06, 2011
On June 4, 2009, I wrote a post bemoaning how the media always focuses on how China treats its citizens, but ignores far more brutal countries such as Egypt, Libya, and Yemen (among others). I entitled the post, "I'm Sorry, But US Hypocrisy On Human Rights Is Continuing Apace Under Obama...

Some Of My Best Friends Are China Consultants

Posted on March 05, 2011
Very interesting post today over at the All Roads Lead To China Blog, entitled, In Defense of the China Consultant. It caught my eye because it starts out saying that it was inspired by a recent post on here, "China as Currency Manipulator. Why Can't We All Just Get Along? According to All Roads, this post, along with a number of other posts on other blogs, dealt with whether a China Consultant is needed and how to pick one...

China's 12th Five Year Plan: A Preliminary Look

Posted on March 04, 2011
Co-blogger Steve Dickinson has been speaking of late at various embassies in Beijing regarding China's Twelfth Five Year Plan. Steve will be speaking on this again at the Swedish Embassy in April. The following is the outline Steve has been using. A major task for this year is the adoption of a 12th Five Year Plan by the National People's Congress...

China Litigation. You've Got It All Wrong.

Posted on March 02, 2011
Excellent article in Asian Lawyer Magazine by Fangda lawyer, Gordon Gao. The article is entitled, "Dangerous Myths About Litigating in China." Crudely summarized and grossly exaggerated to conform to my own views of the litigation world, the article basically puts forth the following propositions: 1...

China's Internet. You've Got It All Wrong.

Posted on March 01, 2011
Bill Bishop, a China Internet guru, recently did a post on his DigiCha blog, entitled, "China's Internet: The Invisible Birdcage." Not sure I like the title, but I am sure that I like the post itself as it does a great job explaining China's Internet and how different it is from most Western countries...

Pay Your Wages In China Or Go To Jail. Do Not Pass Go.

Posted on February 28, 2011
By Steve Dickinson The 19th Session of the 11th National People's Congress last week revised the criminal code to provide that it is a crime for a company to intentionally withhold the wages of employees. A company that does this is subject to criminal fines and the responsible individuals are subject to imprisonment for up to seven years...

Where To Locate Your Business In China. This Download Will Tell You.

Posted on February 27, 2011
The other day we did a post, entitled, "An Amazingly Good (And Free!) Intro to China," on The China-Britain Business Council's recently published China Business Guide. One of our readers, Juha Lassila, left a comment extolling the virtues of HSBC's new book, entitled, "Inside the Growth Engine: A guide to China's regions, provinces and cities...

China Policy Pod. Cause I KNOW It Will Be Good.

Posted on February 27, 2011
My friend Josh Gartner recently came out with a new podcast site, China Policy Pod. Josh describes his site as "a podcast covering current business and policy topics affecting China." Though we virtually never add a blog to our blogroll unless it has been around for at least 3-4 months, I just added it because I know China Policy Pod will be consistently excellent...

China Outsourcing. The Basics. But Don't Just Trust Me....

Posted on February 26, 2011
One of the things that drives me nuts is how some businesspeople act as though the laws in China are so unclear that either nobody knows how to do things right or that there is no point in even trying. But in so many areas of China business, there is a real uniformity of views among lawyers experienced in representing clients in or doing business with China...

An Amazingly Good (And Free!) Intro To China.

Posted on February 25, 2011
Just came across a really good, really easy to read guidebook on China. The guide is the third edition of the China Business Guide and it is put out by The China-Britain Business Council (CBBC). Not only is it good, but it is a free download...

FCPA And China. Important Ruling Coming Soon.

Posted on February 23, 2011
The FCPA Professor Blog is out with a blog post entitled "'Foreign Official'" First" on what constitutes a foreign official for purposes of the United States' Foreign Corrupt Practices Act (FCPA). According to the FCPA Professor Blog, "for the first time in FCPA history, a [United States] federal court judge, with the benefit of a detailed and complete overview of the FCPA's extensive legislative history on the 'foreign official' element, is being asked to rule on the DOJ's interpretation that employees of alleged state-owned or state-controlled enterprises are 'foreign officials' under the FCPA...

Why Alibaba Is Not Your China Sourcing Answer.

Posted on February 23, 2011
More than three years ago, I did a post, entitled, "I Hate Alibaba (The Website, Not The Company)," voicing my concerns with foreign companies thinking that they were safe sourcing through Alibaba. My concern at that time stemmed from the fact that many of the calls my office was getting regarding really bad or never delivered product were coming from people who had sourced through Alibaba...

China As Currency Manipulator. Why Can't We All Just Get Along?

Posted on February 20, 2011
I just read an article by CNBC Columnist Shaun Rein, entitled, "Why A Fast Appreciating Yuan Won't Help US Economy," and I have a few bones to pick with it. Let me start out by saying that I "talk China" pretty much every day and I have never spoken with anyone who believes that all of the United States' economic ills are China's fault, nor have I ever spoken with anyone who believes that China plays absolutely no part in them...

Minxin Pei. I'm Starting To Buy It.

Posted on February 18, 2011
For years I used to simply discount Minxin Pei. As China kept rising, Minxin Pei kept talking of its imminent collapse. Though I always appreciated his analysis, I stopped reading him as he became more and more the boy who cried wolf. It has been at least two years (I am guessing) since I bothered reading any of his stuff...

How To Wind Down Your China Company. Kafka Would Be Proud.

Posted on February 17, 2011
As I wrote a few weeks ago, in a post entitled, "China Manufacturing: "We're Bringing It Back Home," we are getting a rapidly increasing amount of work helping American companies shut down their operations in China. Rising wages in China, coupled with a rising Renminbi and rising costs overall are causing American companies to reaccess China and many are determining they can operate more cheaply and/or efficiently from the United States or elsewhere...

Protecting Your Intellectual Property Rights In China. A Very Practical Guide.

Posted on February 17, 2011
Client just sent me a link to a United States Government internet "brochure" on "Protecting Your Intellectual Property Rights in China" along with a note saying "this is what you are always saying." It is what I am always saying, and though this information appears to be about ten years old, near as I can tell, all or virtually all of it is still current and still on point...

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