A forum selection clause for agreement relating to China, is a cause agreed by parties in an agreement to decide the jurisdictional court for disputes arising between parties if the execution of a business contract relating to China. Continue reading →
Some of the legal questions over the sales/purchase contract, regularly consulted, in accordance with laws of China.
Question: is a written contract necessary for concluding a contractual relationship?
Answer by Lawyer Jingzhan.Wang: As per China legal practice, a contract may be made by oral or written, however, it’s better for you to make a contract by written, formally and duly signed by parties. Many disputes are raised where there is absence of formal contract. When there is lack of a formal contract, a party may raise delivery notes, receipt, settlement statement, invoices and etc, to prove the contractual relationship and rights and obligations. Continue reading →
When reviewing a contract, it’s important to check the signing parties whereas most legal occupants ignore it. Here below a contract lawyer from China discuss about the importance on doing working on the signing parties of a contract. Case:
An energy company in US (Party A) entered into a sales contract with a Chinese energy company (Party B) on Nov.30th,2007, where the Party B signed the contract in the name of its subsidiary, HK limited company. Continue reading →