China court litigation? May not be bad for you

For foreign traders or businessmen dealing with Chinese counterparts, is it a good idea to stipulate that disputes will be submitted to Chinese competent courts for settlement through litigation?

Many will shake heads firmly, as they have come to know how corrupt the Chinese court systems are, and how difficult or biased a Chinse litigation proceeding will…

Don’t sign any documents that you don’t understand

I am quite surprised to realize that many foreigners in China are very often taken advantage of their inability to read Chinese language.

This happens more in the employment and leasing businesses. I am inquired by two different expats who found themselves in trouble because they had signed some documents presented to them in Chinese only and were told by their…

Conduct a thorough due diligence of your China business to ward off misbehaviors

I have not realized the necessity of doing such a checkup till a client approached me just recently requesting me to help with such a due diligene on their WFOE in China with a view to seeing and understanding whether the business is being operated in good manners and in compliance with Chinese laws and to finding out whether the management team have done their…

Disrespect for life in China, a display of weak human rights protection

The lady who was coerced to undergo to an abortion of her seven-month fetus has caught the attention of the whole nation in China, and probably of the whole world, an incident just following another closely related event involving the high-profile blind activist who has been fighting against local abortion practice in Shandong province, an eastern province…

Jurisdiction clause in loan agreements: you cannot afford to ignore this, esp in Shanghai

Good lessons are learned from great frustration.

A client entrusted me to sue his borrower for a return of RMB 1 million based on an agreement signed by the parties. The legal relationship is straightforward indeed: you borrowed the money, and then you repay it when due.

My client, the lender, and the borrower, while both living and working in Shanghai, are …