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Legal Insights

Practical guidance on Chinese law for international businesses and individuals.

Resolving Foreign-Related Contract Disputes in China: A Practical Guide to Arbitration and Litigation
Contract Disputes

Resolving Foreign-Related Contract Disputes in China: A Practical Guide to Arbitration and Litigation

12 min read

When a foreign natural person or a foreign enterprise transacts with a company or an individual in China and a contract dispute arises, how should the dispute be resolved? Should the parties submit the dispute to arbitration, or bring an action in court? Which court or arbitral institution has jurisdiction? Which country’s law applies? How should a lawyer be retained? How long will the process take? Based on the current laws of the People’s Republic of China, this article sets out the complete procedures for resolving foreign-related contract disputes through arbitration and through litigation respectively, for the reference of parties to foreign-related contracts.

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Establishing a Wholly Foreign-Owned Limited Liability Company in China: A Practical Guide
Commercial Law

Establishing a Wholly Foreign-Owned Limited Liability Company in China: A Practical Guide

12 min read

This guide applies only to the case where a foreign natural person acts as the shareholder in establishing a wholly foreign-owned limited liability company in mainland China. Different rules apply to Sino-foreign equity joint ventures and foreign-invested joint stock companies. China administers foreign investment under a system of pre-establishment national treatment combined with a negative list. In sectors outside the negative list, foreign and domestic investment are governed by unified rules; in restricted sectors on the negative list, special management requirements regarding equity structure, senior management and the like must be satisfied; and in prohibited sectors, foreign investors may not invest at all.

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Compliance Essentials and Key Considerations for Employer Termination of Labor Contracts
Labor Law

Compliance Essentials and Key Considerations for Employer Termination of Labor Contracts

10 min read

This article, based on the currently effective provisions of the Labor Contract Law of the People's Republic of China and the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, systematically sets out the applicable conditions, compliant operational procedures, and compensation standards for mutual-consent termination, termination for cause, no-fault termination, economic layoff, and unlawful termination.

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Foreigners Working and Residing in China—A Practical Guide to Work Visas and Residence Permits
Other

Foreigners Working and Residing in China—A Practical Guide to Work Visas and Residence Permits

8 min read

Foreigners who work in China are required by law to obtain both a work permit and a work-type residence permit. Based on current Chinese laws and regulations, this article focuses on the matters relating to working and residing in China as a foreigner. Following the order in which the procedures are actually handled, it explains the difference between "stay" and "residence", the application for a work permit, the application for a work visa, the work-type residence permit to be obtained after entry, and the extension, modification and risk matters. It is intended for foreigners who plan to work in China or who already work there, and for their employing entities.

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