China has become a focus for many Australian companies and it is a favourite destination for trade and business missions. It is also a very popular place for companies to sell their products and to have products made. At the core of these transactions is a contract – some good, many not so.
China’s legal system and business culture is very different, and misunderstandings are frequent. Negotiating contracts that are effective in the China environment will minimise the misunderstandings that lead to disputes. Detailed contract management also plays its part in successfully contracting in China.
Wei Xin is a Beijing native and an Australian Lawyer. She has more than 25 years of experience in working with foreign clients on their cross border transactions. Wei Xin will share her insights into China contract essentials - among them:
Issues common to every commercial contract:
- What is so different about China;
- Why Australian style contracts do not work well in China;
- The importance of due diligence in contract;
- The importance of Chinese language in contract;
- The importance of correct execution of a contract with a Chinese company;
- Practical choice of law and dispute resolution considerations;
- Limitations of a confidentiality agreement;
- Practical difficulties with template contracts.
Some examples related to specific contracts:
- How effective can the NNN arrangements be?
- A distribution agreement;
- Purchase agreement; and
- IP licence agreements and their practical issues.
More about our speaker
Wei Xin has worked exclusively on China related cross border transactions for most of her professional career. She has for the last 17 years led her own team in Beijing, now Liuming International, the international business group of the Beijing Liuming Law Firm. Liuming International works with clients from around the world to meet their IP and commercial law challenges in China.
Wei Xin commenced her Australia based career with Baker & McKenzie in Sydney, moved to Mallesons and subsequently returned to Beijing as their Chief Representative in Beijing. She transferred to Coudert Brothers in Beijing and then became the Beijing partner for White & Case.
In 2002, Wei Xin and Graham Brown, who had worked together on China law and business issues from 1991, established their Beijing team which now continues.
Wei Xin is also the current chair of the East Asia & Pacific subcommittee of the INTA Nontraditional Marks Committee.