Bee on China

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An enterprise dealing with a Chinese partner, therefore, that chooses to ignore all but the laws in the books or ordinary law is choosing to work half blind. 

In this Article, readers will learn how to navigate through Chinese Law, in particular Chinese Contract Law, finding one of many possible ways how to supplement law(s) in the books, in order to ease half blind foreigner or enterprise with the understanding and using Chinese Law. The initial findings of this Paper, are to provide lessons that can be drawn for people dealing with Chinese Partner in their best route to achieving goals for legal transaction and business exchange to happen, but at the same token, to leave the participants to make their own judgements and recognition on this law development and implementation in contemporary China. 

Author will provide case studies showing implementation of the law with “Chinese characteristics”. Examples are to include: contractual default, liquidated damages, concept of err, disputes, chops, to name just a few.

 I recognize that the foreign enterprise dealing with Chinese partner not willing to act and conduct business half blind, should beyond the law(s) in the books, search for and acknowledge with Chinese culture, customs, entrenched practices, try to make sure the contract he or she wants to be enforceable and effective, be executed and chopped by Chinese partner, with the stipulated genuine estimation of liquidated damages and mutual understanding of wrongdoing or err when performing contract and be ready and willing to negotiate contract not only before its signature but most importantly upon its execution and thereafter.