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CONTRACT AND DISPUTE
RESOLUTION WITH YOUR CHINESE
PARTNERS
Helen Tung Barrister,
One Temple Avenue Chambers
INTRODUCTION
1. What does doing business in China mean?
2. What is risk – legal context?
3. What kind of potential scenarios?
4. How do we comply?
5. What impact would it have on your business?
1. WHAT DOES DOING BUSINESS IN
CHINA MEAN?
Opportunity
Business opportunities
Language
Culture
English law
Chinese law
2. WHAT IS RISK – LEGAL CONTEXT?
Congrats
Agreements
Transactions
Joint Venture
Suppliers
Intellectual property design
Enforcement
Gift giving
Bribery Act
3. WHAT KIND OF POTENTIAL
SCENARIOS?
Receipt of goods – issue on quality
Shipping goods –delay
Intellectual property – design of product
Investment
Bribery Act – giving or receiving
Cultural scenarios
Evidence – emails/ phone calls/letters
4. HOW DO WE COMPLY?
Contract terms and communication
Insurance
Product design – make terms clear
Aware of Bribery Act, find suitable partners
Seek advice
5. WHAT IMPACT WOULD IT HAVE ON
YOUR BUSINESS?
Ignore risk
Deal with it
Ensures confidence
Organisation
Long term development