Monthly Archives: June 2015

Illegality and Contract Effectiveness under PRC Law

The illegality challenge against the effectiveness of a contract is one of the most common defence in the context of PRC law. It may be attributed to the fact that most industries were / are heavily regulated by the PRC governments and it inevitably took a historical course for the government to learn to respect the free will of the parties in private sectors.

Benefits of a Hong Kong Entity

The benefits of establishing a Hong Kong entity can be split into several categories, in this document; the benefits explored are classed as Financial, Legal, Professional, Tax and International Status.

A PRC Perspective to Read the Impala Case (Part One)

From the perspective of a dispute resolution lawyer, if there is only one contractual clause that cannot be screwed up, that clause will be the dispute resolution clause, which chooses how the disputes shall be resolved.

In the context of a cross border transaction between a foreign company and a PRC company with main assets in mainland China, one of the most common dispute resolution clauses is to provide that the court of the foreign company’s domicile shall have exclusive jurisdiction over any disputes arising from the subject transaction.

家族信托的中国法风险以及外国法路径

“超人”李嘉诚先生亲自为“小超人”李泽楷所生的孙儿起名“长治”,足见商业帝国的家族传承在超级富豪心中的地位。事实上,惯用家族信托的西方豪门多基业常青,确实令中国急速冒起的新贵们意识到家族信托的巨大吸引力。

多数人认为信托是西方发达国家都有之物,事实上中国早在2001年就已经颁布实施了《中华人民共和国信托法》(“《信托法》”)。我们先看看《信托法》的主要规定如下: