Legal Articles, Business

During the COVID-19 outbreak, international demand for Chinese products dropped dramatically and China's economy took a hit as a result. China's response to the coronavirus outbreak was to stall domestic economic activity to halt the spread of COVID-19. This strategy proved effective, and now the country is working carefully to mitigate further spread as businesses reopen. Despite uncertainties due to the global pandemic, international trade with China remains strong, especially with the United States. The pandemic greatly impacted some industries, but also improved other sectors due to the vast increase in demand for certain products. ew and forthcoming trade policies between the U.S. and China include a suite of procedural rules that can be confusing, particularly in these uncertain times. Compounded upon domestic regulations designed to fight the spread of COVID-19, businesses are increasingly turning to Chinese attorneys to help them navigate a shifting international scene. As the legal and regulatory landscape changes, businesses are turning to Chinese lawyers in the U.S. and in China to ensure they maintain safe compliance while still preserving their economic activities. Trans-Pacific trade between the U.S. and China has never been stronger and both American and Chinese attorneys are key players in fostering this relationship.

This article discusses how Wholly-Foreign Owned Enterprises ("WFOEs") can be successful in arbitration under Chinese Law. The China International Economic and Trade Arbitration Commission (“CIETAC”) has reported a rapid growth in commercial arbitration cases in China. Many of these arbitrations have involved WOFEs engaged in activities through the Chinese Government's the Belt and Road Initiative. If a WFOE find themselves in arbitration in CIETAC, parties to a dispute should understand the basic underpinnings of the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“Model Law”). Strategies for winning arbitration include: agreeing to arbitrate in the first place; executing an enforceable arbitration clause; knowing how and when to commence an arbitration action; applying the correct substantive law; understanding the arbitrability of the case; prepare sound evidence; and ensuring the outcome of arbitration is enforceable.

This article addresses what a Wholly Foreign Owned Enterprise (“WFOE”) operating in China should do to avoid ending up in court and, if it does, how the company can maximize its chances of winning the case. WFOEs enjoy the benefits of limited liability afforded businesses and the individual rights offered under Chinese civil law. Most WFOE's will need to deal with the Chinese courts' Civil Procedure Law and also should know how the litigation will proceed substantively, such as under contract law or as a foreign party, because it will impact strategy and legal outcomes. Most high-profile WFOE cases do not end in favor of the foreign party. So an entity litigating labor and employment issues or issues likely to impact international trade will likely lose. WFOEs need to also consider alternative dispute resolution mechanisms, such as arbitration in front of the China International Economic Trade Arbitration Commission (“CIETAC”). WFOEs embroiled in litigation in China’s courts of law can maximize their chance of success by engaging skilled, knowledgeable local counsel with knowledge of both domestic and international laws.

If you are in the entertainment industry, many of the activities in which you engage will often require the services of a legal professional. Whether you are an artist, director, producer, author, publisher, agent, manager, musician, or actor, contracts and other legal documentation are likely the foundation of your business.

This article gives a basic overview of automobile insurance law.

As of November 30, 2020, the Land Owner Transparency Act (“Act/LOTA”) will be in effect. The Act was created by the BC government as a measure to assist with tax evasion, fraud, and money laundering. The LOTA will be the first of its kind in Canada. Failure to comply under the Act can result in your interest not being registered and may result in fines.

Like domestic marriages, business partnerships can start off well, but over time and for a variety of reasons, the parties involved may choose to go their separate ways. This “corporate divorce” typically involves complex financial interests and more often than not, strong emotions.

Are you a business owner who is thinking about selling your businesses? It’s never too early to plan ahead to protect the future success of the business.

The sale of a family business or any business with multiple owners creates potential conflicts among the owners as well as potential issues for the attorney representing the sellers. Among these issues are those related to employment/consulting agreements, noncompete agreements, indemnification clauses, and dispute resolution as part of the sale.

Before starting your venture, take some time with your partner or partners to answer some basic questions regarding structure, decision-making and dispute resolution.