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CONTRACT AND DISPUTE RESOLUTION WITH YOUR CHINESE PARTNERS Helen Tung Barrister, One Temple Avenue Chambers

Contract and dispute resolution with your Chinese partners

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Page 1: Contract and dispute resolution with your Chinese partners

CONTRACT AND DISPUTE

RESOLUTION WITH YOUR CHINESE

PARTNERS

Helen Tung Barrister,

One Temple Avenue Chambers

Page 2: Contract and dispute resolution with your Chinese partners

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?

Page 3: Contract and dispute resolution with your Chinese partners

1. WHAT DOES DOING BUSINESS IN

CHINA MEAN?

Opportunity

Business opportunities

Language

Culture

English law

Chinese law

Page 4: Contract and dispute resolution with your Chinese partners

2. WHAT IS RISK – LEGAL CONTEXT?

Congrats

Agreements

Transactions

Joint Venture

Suppliers

Intellectual property design

Enforcement

Gift giving

Bribery Act

Page 5: Contract and dispute resolution with your Chinese partners

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

Page 6: Contract and dispute resolution with your Chinese partners

4. HOW DO WE COMPLY?

Contract terms and communication

Insurance

Product design – make terms clear

Aware of Bribery Act, find suitable partners

Seek advice

Page 7: Contract and dispute resolution with your Chinese partners

5. WHAT IMPACT WOULD IT HAVE ON

YOUR BUSINESS?

Ignore risk

Deal with it

Ensures confidence

Organisation

Long term development

Page 8: Contract and dispute resolution with your Chinese partners

Thank you

http://helentung.blogspot.co.uk/