Chinese law restricts both the choice of law and the types of dispute resolution mechanism in China-related commercial contracts. As a result, drafting governing law and dispute resolution clauses in these contracts is not straightforward.
This guide, designed for clients doing business in China or with Chinese counterparties, explains when the restrictions apply and how to draft so your contracts do not fall foul of them. The guide has been updated to include recent developments in China arbitration, including new rules published by China's leading arbitral institution (CIETAC), arbitration-related amendments to the PRC Civil Procedure law, and a recent internal dispute within CIETAC. Now in its 5th edition, it has proven popular with in-house counsel working both in and outside China.
Justin D'Agostino, head of the Greater China international arbitration practice, commented: "Drafting China-related contracts can be complicated; it is important to know the rules around disputes and choice of law clauses, as well as the traps to avoid. We are proud to have produced a guide that genuinely helps our clients navigate the process and can be used as a day-to-day resource."
If you would like a full copy of the guide, please email Briana Young.
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.