Drafting governing law and dispute resolution clauses to be used in China-related commercial contracts is not straightforward, because Chinese law restricts the types of clauses that can be used. Unless care is taken at the drafting stage, parties to China-related contracts may find themselves with dispute resolution provisions which are unenforceable, or which result in a less robust dispute resolution process than would be desirable.
In response to the need for guidance on such clauses, Herbert Smith's market-leading greater-China dispute resolution practice has for some years published a guide to dispute resolution and governing law clauses in China-related commercial contracts. This popular publication is designed to help in-house counsel to negotiate the restrictions, avoid traps and draft clauses that work.
The fourth edition of the guide is now available, and takes account of recent developments including new caselaw, legislation and institutional rules.
Click here for an electronic copy of this publication. To order a printed copy, please click here. If you would like to be contacted by our greater China dispute resolution team or to arrange a tailored briefing, please click here.
Key contacts
Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Andrew Cannon
Partner, Global Co-Head of International Arbitration and of Public International Law, London
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
Christian Leathley
Partner, Co-Head of the Latin America Group, Co-Head of the Public International Law Group, US Head of International Arbitration, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.