CS Alerts

June 2012 Background The People’s Republic of China (the “PRC”) has been faced with booming economic growth and, in this context, there have been a number of product liability episodes in the last few years, ranging from infant formula tainted with melamine to escalators unexpectedly reversing direction. Such product liability issues have prompted stronger governmental […]

February 2012 Background The new Social Insurance Law (effective as of 1 July 2011) requires non-Chinese national employees to participate in China’s social insurance system, placing costs on the employee and the employer. The “Interim Measures for Participation in Social Insurance by Foreigners Employed in China” (effective 10 October 2011) provides additional details. Definition, Registration […]

November 2011 Non-Chinese companies that engage original equipment manufacturers (“OEMs”) in the People’s Republic of China (the “PRC”) may be unaware that they or the OEMs are infringing on the PRC-based exclusive trademark rights of third parties. Given varied interpretations of existing PRC trademark legislation, non-Chinese companies should carefully analyze the scope of their trademark […]

June 2011 A new social insurance law (the “SI Law”) passed by the National People’s Congress will become effective on 1 July 2011 and be applicable throughout the People’s Republic of China (the “PRC”). The SI Law will have a direct impact on employment costs as it alters administrative and financial obligations for employers and […]

April 2011 Engaging in international trade with commercial counterparts in the People’s Republic of China (“PRC”) has the potential to be extremely rewarding; however, there is also corresponding risk. In order to mitigate this risk, buyers placing cross-border purchasing orders from Chinese manufacturers must consider a number of critical issues to enhance the likelihood of […]

March 2011 New regulations regarding representative offices (“ROs”) became effective this month (the “New Regulations”), (Regulations on the Administration of the Registration of Resident Representative Offices of Foreign Enterprises, promulgated on 19 November 2010 by the Order of the State Council of the People’s Republic of China.) providing clarity on permitted RO activities and calling […]

September 2010 On 1 March 2010, measures ((Administrative Measures on Foreign Enterprises and Individuals to Establish Partnerships in China)) came into effect enabling foreign companies and individuals in China (“Foreign Entities”) to enter Foreign Invested Partnerships (“FIP”). While the relevant authorities have yet to release certain updates to the measures (e.g., how FIP will be taxed), […]

This CS Alert is relevant to the growing number of foreign investors, companies, and business people (“Non-domestic Entities”) engaging in commercial activity in China, especially Non-domestic Entities entering into a written contract (“Contract”) with a domestic counterpart (“Domestic Entity”). This CS Alert explores how to select a People’s Court in Shanghai as the dispute resolution venue in order to prevent a defendant from benefiting from the home court advantage it would enjoy with a People’s Court in its own locality, assuming the defendant is not Shanghai-based.

December 2009 Over the past nine years, we have worked with clients to navigate China’s dynamic and challenging business environment. A recurring theme that is more compelling than any one single legal issue is that non-Chinese economic actors must realign the framework within which they approach and engage their Chinese counterparts. Business fundamentals (e.g., cost-benefit […]

March 2009 In November 2008, the Shanghai municipal government issued the Implementation Guidelines of Encouraging Establishment of Regional Headquarters by Foreign Multinational Corporations Provisions (the “Guidelines”), which set out incentives for establishing a regional headquarters in Shanghai. Specifically, the Guidelines provide incentives for investment or management foreign invested enterprises (“FIEs”) to establish their regional headquarters […]