Legal Articles, Contract

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.

This article gives a basic overview of automobile insurance law.

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.

Clawbacks are provisions that assure a former equity owner receives fair, full consideration when it sells its equity. Such provisions enable the former owner to participate in the consideration received in a subsequent sale of the business by the remaining owner or owners.

No-Fault benefits are mandatory for all N.Y.State motor vehicle insurance policies as part of NYS minimal insurance requirements, provided by all insurers and self-insurers of motor vehicles.

The article explores 3 considerations to make before reopening your business during the COVID-19 pandemic.

An introduction to the different types legal entities in the State of Florida and the pros and cons of incorporating your business.