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.