News & Analysis as of

China Contract Drafting

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

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When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more

Polsinelli

COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond?

Polsinelli on

COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were...more

Gray Reed

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

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Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The purpose is to allow contracting parties to suspend or terminate performance when certain circumstances arise that are beyond their...more

Lowndes

Coronavirus – Does Force Majeure Apply?

Lowndes on

The coronavirus has disrupted the economy and business activity, making it difficult or challenging for some parties to honor their contractual obligations. In fact, it is apparent that parties are terminating their...more

Seyfarth Shaw LLP

Managing Project Risk Associated with the Coronavirus Outbreak Through Force Majeure Provisions

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Globally, many developers and contractors are scrambling to identify available contractual relief as the Coronavirus (COVID-19) disrupts cross-border supply chains. US businesses will recall a similar effort just eighteen...more

Hogan Lovells

China contract boot camp: How foreign businesses can avoid entering into contracts involving "fake content with a genuine chop"

Hogan Lovells on

Under normal circumstances the fact that the parties to a contract have imprinted seals (or 'chops' as official company seals are called in China) would typically indicate that the parties have reached an agreement on the...more

Orrick, Herrington & Sutcliffe LLP

Looking Ahead in 2019: Chinese Investments in Europe – 10 Tips for a Successful and Smooth Investment

In today’s evolving global investment climate, it is no secret that Chinese companies are increasingly seeking investment opportunities in Europe. At the same time, however, the European regulatory landscape is rapidly...more

Foley & Lardner LLP

U.S. to China Health Care Arrangements: New Rules for Medical Institution and Service Advertisements

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As U.S. hospitals and health care providers continue to explore China’s market for international health care business opportunities, including telemedicine, they often consider providing services or products to consumers...more

Cooley LLP

6 Tips for Agreements with Contract Manufacturers in China

Cooley LLP on

After months of research and vetting, you’ve finally settled on a good contract manufacturer (CM) in China that offers the best quality and price combo and has a solid track record and now it’s time to cement the relationship...more

McCarter & English, LLP

But My Chinese Business Partner and I Have Done Business on a Handshake for Years...

McCarter & English, LLP on

Wouldn’t It Be a Terrible Insult for Me to Insist on a Long and Expensive Contract at This Point? How Can I Insist on a Contract Now and Not Lose Face or Cause My Partner in China to Lose Face and Not Damage This Important...more

Dechert LLP

Financial Services Quarterly Report - Third Quarter 2013: A New Private Funds Regulatory Framework for the PRC

Dechert LLP on

For years, the Chinese private fund industry has operated in regulatory limbo, but a recent series of legislative and regulatory actions should provide greater certainty and help create a more favorable environment for the...more

McCarter & English, LLP

How doing business in China without a master written contract in Chinese is like playing roulette in Macau (but playing roulette,...

A contract is a fundamental basis of commerce. In fact, it’s really a cornerstone of modern society (for example, think of the so-called “social contract” and the “contract with America”). Without going into what every law...more

Foley & Lardner LLP

IP Protection in China: Strategies for a New Era

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Recently, China sought to reassure foreign investors that it would never close its doors to the outside world and was committed to making China a fairer place to conduct business. “We are protecting the legitimate rights of...more

McDermott Will & Emery

Distribution in China – Legal Issues

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

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