conservatory measures in Chinese legal proceedings, litigation or arbitration

It is proved to be tough to do business with Chinese astute businessmen and Chinese companies. I guess very often foreign businessmen and foreign companies may be thinking about suing their Chinese distributors, supplier or business partners in China (it is a bad strategy to sue a Chinese company in foreign country because in most cases these foreign judgments…

18 ways to learn like the Chinese

This is an interesting article titled "18 ways to learn like the Chinese", from online colleges web. Click here to read the whole article.

It is intriguing because for Chinese parents like me we have been looking out for western style education to insulate our children from being suffocated in terms of their creativity and social value. Chinese children are …

Add your name onto the title deed of the property registered in the name of your spouse

We are talking about real estate in the context of a marriage under CHINESE LAWS.

It is not a new topic at all. Ever since Chinese Supreme Court handed down its third interpretation on Chinese marriage law in last August of 2011, in which the court declared that real property that is bought after marriage with the money from the parents of one spouse and registered…

A frequent question about inheriting real estate in China

When it comes to inheriting real estate in China, things often get more complicated than inheritance of personal property such as bank deposits.

For example, in the current inheritance matter I am handling on behalf of an American client, there are four heirs  that are entitled to take a share of the estate property. The parties are in dispute regarding what…

the creditor’s pitfall in dealing with VIE entities

VIE entities in China have been pervasive in many industries in  China, in particular, the telecom industry, advertising and some other asset-heavy industries like steel and mining. Below is a typical chart illustrating the VIE structure widely used in China.

Variable Interest Entity in China

In the chart, the VIE, generally a domestic entity holding necessary governmental license, …

Need I pay the individual income tax in China?

An American person had an issue regarding individual income tax with his employer. He approached me for advice on that.

It is a simple matter. The guy is hired by a newly established joint venture in HK and actually he is a minority partner in the joint venture also. The JV has business operation in China. The guy was sent to China for a few meetings for which he spent…

good faith attempt/consultation to sign labor contract?

In a recent case involving a labor dispute in which I represented the employer, a foreign invested trading company set up by an investor from Africa, an interesting question came up in regard of the double salary claim often raised by employees.

CASE FACTS: the employee (Chinese national, not expats) left the company after working for half a year and immediately…

Is this clawback clause in the employment contract effective?

I was asked a few days ago by an expat working in Shanghai in regard of his difficult situation:

he was relocated from Unites Stated to Shanghai two years ago; upon relocation, he signed an expat arrangement agreement with the parent company in which he agreed to work for the China subsidiary for up to three years; he was offered with good package of benefits including…