Southern Perspective Shenzhen

When I tell people that I studied Chinese Business Law, I usually get the same response just about every time, “They have laws here?”
Ha ha ha, we chuckle each and every time but that is the pervasive perception of many people who do business in China.
And these comments come mostly from people who have been [...]

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For those of you doing business or purchasing in China, certainly this is a problem that you run into. A great article from David Dayton over at Silk Road International titled, You’re not getting what you asked for? Really? . It is from last year, but I think it is a great article.
He hits a [...]

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This is another post that was first posted on the Silk Road International Blog
Third party contracts cover a side variety of topics that concern people doing business in China. These types of contracts involve;
• Contracts of carriage, a contract where you (A) have a shipping company (B) deliver goods to a client (C).
• Some types [...]

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This post originally appeared on two other blogs;
http://silkroadintl.net/blog/2009/03/12/voidable-contracts/
and here
http://www.chinasuccessstories.com/2009/04/30/voiding-contract-situations/
There are, unfortunately, times when contracts, for whatever reason, need to be voided.  The problem is, when can contacts legally be voided?  There are specific circumstances when this indeed can be done.  But to make it work, you have to meet specific legal criteria.
The key to understanding [...]

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A man working for a pharmaceutical company signed a three year contract and non-compete clause. After two years, he decides to leave and the company believes he has breached his non-compete clause. The company then goes on to sue the employee for 300,000 yuan, claiming he breached his non-compete clause.
Problem:
The non-compete clause they drafted up [...]

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When you find yourself in a situation where you think you are in the mist of a breach of contract situation, it is more complicated than you think.
China PRC contract law,Art 107: Where a party fails to perform his contractual obligations or where his performance of the contractual obligations is not in the conformity with [...]

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On June 18th, I had the pleasure of attending a hosted event by the French and German Chamber of Commerce with Henry Liao , a managing partner from Schinders law, Guangzhou.　He talked about Chinese contract law, specifically, and take a big breath here, Interpretations of the Supreme People’s Court on Certain Issues concerning the Application of [...]

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