China Laws & Legal Matters
Choosing the Right Forum for Business Disputes in China
- Dr. Lefan Gong, Zhonglun Law Firm
In cross border transactions, it is not uncommon for parties to struggle over the dispute resolution clause. However, these negotiations often miss the important points. Some counsels are inclined to select forums that are more familiar to themselves; others insist on choosing locations that appear “neutral” to all parties (i.e., Switzerland). In neither situation is counsel adequately considering the ultimate enforceability of rights, timing and convenience of the dispute resolution process.
Read more: Choosing the Right Forum for Business Disputes in China
Five Legal Tactics to Reduce Employee Disputes in China
- Dr. Lefan Gong, Zhonglun Law Firm
This article provides foreign companies doing business in China with advice on how they can prepare themselves to be successful when facing wrongful termination claims from former employees in China. The new Labor Contract Law in China has made the dispute resolution environment fairly pro-employee, so it is important for companies to take multiple precautions to protect themselves in labor disputes.
Read more: Five Legal Tactics to Reduce Employee Disputes in China
Starting With the Law in China
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The New PRC Employment Contract Law
- Armstrong Teasdale LLP
On June 29, 2007, after more than two years of drafting/deliberation and an unprecedented amount of public comment, China enacted the PRC Employment Contract Law (the “ECL”). The following article summarizes key provisions of the PRC Employment Contract Law, which became effective on January 1, 2008. The PRC Employment Contract Law has been controversial among employers in China because of its increased employee protections. It is critical for foreign investors to understand the ECL before entering into new contracts with Chinese employees.
Read more: The New PRC Employment Contract Law
